Int. No. 1361

By Council Members Morano and Restler

A Local Law to amend the administrative code of the city of New York, in relation to requiring participation in debates by candidates receiving public matching funds

Be it enacted by the Council as follows:

Section 1. Subdivision 1 of section 3-703 of the administrative code of the city of New York is amended to read as follows:

[(1)] 1. (a) In any year in which a primary, general or special election is to be held, any participating candidate and any limited participating candidate for nomination or election [to a city-wide office] shall participate in either of the two pre-election debates, or both, held pursuant to this section for which [he or she] such candidate is eligible and is required to debate pursuant to this section. A participating candidate or limited participating candidate for nomination or election [to a city-wide office] is eligible to participate in a debate for each election in which [he or she] such candidate is on the ballot if [he or she] such candidate has met such criteria for participation as specified in this section, and as shall be further specified in any agreement between the debate sponsor and the board.

(b) In any year in which a run-off primary or run-off special election to fill a vacancy [for a city-wide office] is held, any participating candidate and any limited participating candidate for nomination or election [to such city-wide office] who is on the ballot shall participate in one run-off election debate. If, seven days prior to the date of the run-off election debate, the New York city board of elections has not yet approved a finalized run-off ballot, the participating and limited participating candidates with the two highest vote counts in the primary or special election immediately preceding the run-off election, as determined by the New York city board of elections unofficial election results, shall participate in one run-off election debate. If any additional candidate is separated from the candidate with the second highest vote count by one percent or less of all votes cast in the special or primary election immediately preceding the run-off election, as determined by the New York city board of elections unofficial election results, then such candidate shall also participate in such run-off election debate. If the New York city board of elections determines prior to the run-off debate that a run-off election will not take place, the debate sponsors and the board shall cancel the run-off election debate.

§ 2. Subdivisions 4 and 5 of section 3-703 of the administrative code of the city of New York is amended to read as follows:

4. Organizations which are not affiliated with any political party or with any holder of or candidate for public office, which have not endorsed any candidate in the pending primary, special, general, or run-off election [for the city-wide office] shall be eligible to sponsor one or more of the required debates. The rules for conducting such debates, and the date, time and location of such debates, shall be solely the responsibility of the organizations selected but shall not be made final without consultation with the campaign finance board.

5. Written applications by organizations to sponsor a debate shall be submitted to the campaign finance board on a form provided by the board not later than a date chosen by the board in any year in which an election is held [for city-wide offices].

(a) The written application shall:

(i) demonstrate that the organization and any proposed co-sponsor meet the criteria of subdivision four of this section;

(ii) specify any elections and offices for which the organization seeks to sponsor debates;

(iii) set forth proposed dates, times, durations, and locations of the debates and the specific and exclusive circumstances under which the dates or times may be changed, together with a provision for when the rescheduled debates would be held;

(iv) provide a detailed description of the format and ground rules for the debates;

(v) verify that the staging, promotion, and coverage of the debates shall be in conformance with all applicable laws;

(vi) include an agreement to indemnify the city, including the board, for any liability arising from the acts or omissions of the sponsor;

(vii) set forth plans for publicity and for broadcast and other media coverage for the debates; and

(viii) set forth the proposed criteria for determining which candidates are eligible to participate in each debate the organization seeks to sponsor, in accordance with paragraph (b) of this subdivision.

(b)(i) Except as otherwise provided in subparagraph (ii) below, each debate for a primary, general or special election shall include only those participating candidates or limited participating candidates the sponsor of each such debate has determined meet the non-partisan, objective, and non-discriminatory criteria set forth in any agreement between the sponsor and the board; provided, however, that the criteria for the first debate for a primary or general election shall include financial criteria requiring that a participating candidate or limited participating candidate shall be eligible to participate in such debate if [he or she] such candidate has, by the last filing date prior to such debate, (I) raised, and (II) spent, an amount equal to or more than two and one half percent of the expenditure limitation provided in subdivision one of section 3-706 for the office for which such candidate seeks nomination for election or election; provided, further, that the criteria for the first debate for a special election shall include financial criteria requiring that a participating candidate or limited participating candidate shall be eligible to participate in such debate if [he or she] such candidate has, by the last filing date prior to such debate, (I) raised, and (II) spent, an amount equal to or more than one and one quarter percent of the expenditure limitation provided in subdivision one of section 3-706 for the office for which such candidate seeks election; and provided, further, that the second debate for a primary, general, or special election shall include only those participating candidates or limited participating candidates who the sponsors have also determined are leading contenders on the basis of additional non-partisan, objective, and non-discriminatory criteria set forth in any agreement between the sponsor and the board. For the purpose of determining whether a participating candidate or limited participating candidate has met the financial criteria to be eligible to participate in any debate, only contributions raised and spent in compliance with the act shall be used to determine the amount that the candidate has raised and spent as a percentage of the expenditure limit provided in subdivision one of section 3-706; further, money "raised" and "spent" does not include outstanding liabilities or loans. Nothing in this provision is intended to limit the debates to the two major political parties.

§ 3. Subdivision 7 of section 3-703 of the administrative code of the city of New York is amended to read as follows:

7. Based upon the criteria in subdivision [four] 4 above and any comments received pursuant to subdivision [six] 6 above, the board shall select the organization or organizations to sponsor the debates and shall provide written notification to the organization or organizations so selected. In addition to the sufficiency of the application, the board shall consider the applicant's ability to reach a wide audience and present a fair and impartial debate. The board may accept an application subject to modifications as it deems appropriate and as are acceptable to the sponsor.

§ 4. Subdivisions 10 and 11 of section 3-703 of the administrative code of the city of New York is amended to read as follows:

10. Following the submission of a petition on behalf of the candidate and a hearing before the board, the sanction or sanctions provided in subdivision [nine] 9 of this section applicable to a candidate for failure to participate in any debate as required under this section may be waived upon a determination by the board that the failure to participate in the debate occurred under circumstances beyond the control of the candidate and of such nature that a reasonable person would find the failure justifiable or excusable.

11. Nothing contained in this section shall preclude any candidate from agreeing to participate in any number of additional debates between any and all candidates [for a city-wide office], including non-participating candidates or limited participating candidates. These debates need not be held under guidelines or the purview of the campaign finance board.

§ 5. This local law takes effect 120 days after it becomes law.

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LS #19941

7/30/25 1:03 PM