Int. No. 962
By Council Members Morano, Paladino, Vernikov and Louis
A Local Law to amend the New York city charter, in relation to prohibiting city elected officers and their spouses from appearing in advertisements produced with public funds displayed on city infrastructure, and technical amendments in relation thereto
Be it enacted by the Council as follows:
Section 1. Paragraphs (a) and (e) of subdivision 1 of section 1136.1 of the New York city charter, as amended by local law number 58 for the year 2004, are amended to read as follows:
(a) “Appear” means to communicate by live [and/or] or recorded, visual [and/or] or audio images of the [candidate] individual, or to use the name of the [candidate] individual, or both, or in a manner which makes the identity of the [candidate] individual otherwise apparent by unambiguous reference.
(e) “Mass mailing” means identical or nearly identical pieces of literature or other mass communication totaling more than [one hundred] 100 items, including but not limited to newsletters, pamphlets and informational materials, which are mailed to residents or voters, or any group or classification thereof, other than in response to specific inquiries or requests made by members of the public.
§ 2. Subdivision 2 of section 1136.1 of the New York city charter, as amended by local law number 58 for the year 2004, is amended to read as follows:
2. (a) No public servant who is a candidate for nomination or election to any elective office or the spouse of such public servant shall appear or otherwise participate in any advertisement or commercial on television, radio, in print or by electronic means on the Internet, which is funded, in whole or part, by governmental funds or resources from January [first] 1 in the year an election for such elective office shall be held through the day of the last election that year for that office, in which the candidate seeks nomination or election.
(b) No elected officer of the city or the spouse of such elected officer shall appear in any advertisement or commercial, including but not limited to a public service announcement, produced in whole or in part with governmental funds or resources and displayed on infrastructure owned, operated, or franchised by the city.
(c) No public servant who is a candidate for nomination or election to any elective office or the spouse of such public servant shall use, cause another person to use, or participate in the use of governmental funds or resources for a mass mailing that is postmarked, if mailed, or delivered, if by other means, less than [ninety] 90 days prior to any primary or general election for any elective office for which office such person is a candidate for nomination or election; provided, however, that a candidate may send one mass mailing, which shall be postmarked, if mailed, or delivered, if by other means, no later than [twenty-one] 21 days after the adoption of the executive budget pursuant to section [two hundred fifty-four] 254. No such mass mailing shall be intentionally sent to individuals outside the particular council district, borough, or other geographic area represented by such candidate.
[(c)] (d) No public servant shall use governmental funds or resources for a public communication that contains an electioneering message, including but not limited to information placed by electronic means on the Internet.
[(d).] (e) In the case of a candidate in a special election to fill a vacancy in an elective office, the prohibitions set forth in paragraphs (a) and [(b)] (c) of this subdivision shall apply from the day the special election is declared through the day of the special election.
§ 3. Paragraph (c) of subdivision 3 of section 1136.1 of the New York city charter, as amended by local law number 58 for the year 2004, is amended to read as follows:
(c) Nothing in this section shall be deemed to permit any interest or conduct prohibited by chapter [sixty-eight] 68 of this charter or by any rule, regulation, opinion, or determination of the conflicts of interest board issued pursuant thereto or to restrict in any way the powers and obligations of the conflicts of interest board.
§ 4. Subdivision 4 of section 1136.1 of the New York city charter, as amended by local law number 58 for the year 2004, is amended to read as follows:
4. The intentional or knowing violation of this section shall be punishable as a misdemeanor in addition to any other penalty as may be provided under law. Additionally, the campaign finance board shall have the power to investigate and determine whether any use of governmental funds or resources pursuant to paragraph [(b)] (c) of subdivision [two] 2 of this section is a violation of such paragraph and, if such violation is found whether such use of government resources also violates or constitutes a contribution [and/or] or expenditure under chapter [seven] 7 of title [three] 3 of the administrative code of the city of New York or any rule promulgated thereunder. The campaign finance board may assess civil penalties, upon giving written notice and the opportunity [to appear before] for adjudication by the board, against candidates for offices covered by the system of campaign finance reform, in an amount not in excess of [ten thousand dollars] $10,000 for each such violation.
§ 5. This local law takes effect 90 days after it becomes law.
SSA
LS #21631
6/16/2026 6:33 PM