Education Law - SchoolNET

School Board Candidate Reporting Requirements

We have received a number of inquiries from school board members about recent changes in the Education Law regarding candidates' reporting requirements, and simply wanted to remind all board members of several significant changes. If you have further questions, please contact Jeff Swiatek in our Education practice Group at 848-1449 or jswiatek@hodgsonruss.com.

Article 32 of the Education Law was amended to require the disclosure of campaign contributions as well as expenditures. Education Law §1529.3 provides that "each statement [report] shall include a summary of all expenditures and contributions and other particulars reported in any previous statements." In addition, the provision for a New York State Supreme Court proceeding to enforce the law twice refers to a "statement of expenditures or contributions" (1530.1, 1530.2). Thus, candidates must now report contributions received and their source, as well as expenditures.

Additionally, the dates on which candidates must submit expenditure reports has changed. The first report is due 30 days before the election (in previous years, this report was not required until 10 days before the election), meaning this report must be filed no later than Monday April 18, 2005.

Each candidate is required to file three reports (which the law calls "statements"):

-- 1) the first statement on or before the thirtieth day preceding the election (1529.1.a). It must cover expenditures made and contributions received up to and including the thirty-first day preceding the election (1529.2).

-- 2) the second statement on or before the fifth day preceding the election (1529.1.b). It must cover expenditures made and contributions received up to and including the sixth day preceding the election. (1529.2).

-- 3) the third statement within 20 days succeeding the election (1529.1.b). It must cover expenditures made and contributions received up to and including the day preceding the filing of the report (1529.2).

While this provision (1529.1.b) literally says "within twenty days", the intent of the law seems to desire filing on the twentieth day.

In addition, any contribution or loan in excess of one thousand dollars, if received after the close of the period to be covered in the last statement filed before the election but before such election, shall be reported, in the same manner as other contributions, within twenty-four hours after receipt. (1529.2)

Finally, the use of the "short form" for reporting expenditures has changed. The Short Form may be filed only if:

(1) the total of the candidate's personal expenses, plus expenditures by others on his/her behalf with the candidate's approval, do not exceed $500 at the reporting time, and

(2) contributions received by the candidate do not exceed $500 at the reporting time (1528.1).