ny-SBE-24-26-00023-A: Fair Campaign Code Proceedings

I.D. No. SBE-24-26-00023-A Filing No. 888 Filing Date: 2026-09-18 Effective Date: 2026-10-07 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedureAct, NOTICE is hereby given of the following action: Action taken: Amendment of section 6201.3 of Title 9 NYCRR. Statutory authority: Election Law, sections 3-102(1) and (17) Subject: Fair Campaign Code Proceedings. Purpose: To provide clarity on required time frames for filings and procedures for administrative hearings under the code. Text of final rule: 9 NYCRR 6201.3 is amended to read as follows: (a) Initiation of proceeding. (1) A proceeding under the fair campaign code ([hereinafter] the “code”) shall be commenced by the New York State Board of Elections (the “SBOE”) when: (i) the [board] SBOE receives a written signed complaint alleging the commission or omission of acts, in violation of the code; [the county boards of elections are advised to forward any complaints they may receive to the State Board of Elections;] or (ii) the [State board] SBOE staff proposes to the board an investiga- tion of an alleged violation of the code. (2)Acomplaint shall be filed by mailing to, or by personally serving, the New York State Board of Elections at 40 North Pearl Street, Suite 5, Albany, NY 12207-2729. A duplicate copy of the complaint shall be mailed to or personally served upon the candidate or the candidate’s repre- sentative (hereinafter “respondent”). Proof of service of the complaint upon the respondent must be filed with the [State Board of Elections ] SBOE not later than three business days after service of the complaint upon the respondent. [This requirement is waived when the respondent is unknown.] (b) Form of complaint. (1)Acomplaint shall be based on personal knowledge and belief and be specific as to times, places and names of witnesses to the acts charged as violations of the code. If a complaint is based upon information and belief, the complainant shall state the source of the information and belief. Copies of all documentary evidence available to the complainant shall be attached to the complaint. Evidence deemed by the complainant to be of a confidential nature need not be sent to the respondent, so long as an explanation is made to the board. The complainant shall designate an e-mail address to which all future service upon the complainant shall be made. (2) Upon receipt of a complete complaint, as determined by its office of counsel, the SBOE shall accept the complaint for filing, and shall issue a notice of acceptance to the complainant. The SBOE shall notify the complainant of the date upon which the complaint was accepted for filing. (3) The [A] respondent [shall] may file a signed answer[,] after ser- vice upon the respondent of the complaint. The [Such an] answer shall be based on personal knowledge and belief and be specific as to times, places and names of witnesses to acts relevant to the complaint. Copies of all documentary evidence available to the respondent sha