Determining whether an expenditure is independent.

A Local Law to amend the New York city charter, in relation to determining whether an expenditure is independent

This bill would amend the New York City charter to codify Campaign Finance Board (“CFB”) rules, currently enumerated at Title 52, Section 6-04 of the Rules of the City of New York, for determining whether an alleged independent expenditure is in fact made without coordination of any candidate. The bill provides that an expenditure will be presumed to be non-independent where it finances the dissemination of any materials prepared by a candidate, unless such candidate can show that the expenditure was not made with their coordination. The CFB shall otherwise determine whether an expenditure is independent by considering a non-exhaustive list of factors set forth in the bill, as well as by considering any evidence provided by the spender or candidate.