Bridget Fleming for Congress, Jackie Gordon for Congress, Conole for Congress, and Max Rose for Congress (the "Committees") may seek to have contributions originally designated for New York's November 2022 general election to the August 23, 2022, primary election even if the redesignations are received more than 60 days after receipt of the contributions.
The Committees, principal campaign committees to candidates in the August 23, 2022, Democratic primary for the U.S. House of Representatives in New York, were all candidates in a federal primary election in New York originally scheduled for June 28. In March 2022, a NY state trial court found the congressional maps to be used in the June 28 election were unconstitutional. Following several other judicial decisions in April and May, a new primary election was scheduled for August 23. On June 23, the Commission issued Advisory Opinion 2022-08, which concluded that congressional candidates in New York’s August 2022 primary are entitled to a separate contribution limit from the June 2022 primary. The Committees ask if they may obtain redesignation of contributions originally designated for the general election to the August primary, even if those original contributions are now outside the 60-day redesignation window.
Commission regulations provide that an authorized committee treasurer may request written designations of contributions for a different election than that for which they were originally intended, if the contributions are excessive. This redesignation must be received in writing within 60 days after receiving the original contribution. Despite this, the Commission has made clear in several advisory opinions that for contributions that are permissible when received and that become impermissible only later due to changes to the election or a candidate’s status, redesignations need not be obtained within 60 days of the committee’s receipt of the contribution.
The Commission noted that prior to AO 2022-08, the Committees did not have “actual notice” as to whether and, if so, how much they could ask persons who had contributed to the June 2022 primary to redesignate for the August 2022 primary. Accordingly, the Commission concluded that the Committees may receive redesignations of November 2022 general election contributions to the August 2022 primary election, even if the redesignations are received more than 60 days after the Committees' original receipt of the contributions.
Date issued: August 11, 2022; Length: 5 pages