The opinion of the court was delivered by: Amon, U.S. District Judge.
Plaintiff challenges the constitutionality of Section 3-03(c)(4)(i) of
Title 52 of the Rules of the City of New York and Section 3-703(6) of
New York City's Administrative Code and Charter, and requests a
preliminary injunction barring the defendant New York City Campaign
Finance Board (the "Campaign Finance Board") from enforcing the two
provisions against him. The defendant cross-moves to dismiss plaintiffs
Amended Complaint*fn1 pursuant to Fed.R.Civ.P. 12(b)(6). For the
reasons stated herein, plaintiffs motion for a preliminary injunction is
denied and defendant's motion to dismiss is granted.
Plaintiff is seeking to run as an independent candidate for the New
York City Council ("City Council") from the 48th District in Brooklyn in
the 2001 election. He intends to collect campaign contributions in small
amounts, typically less than $10, from worshippers in various synagogues
within his district and would like to receive public matching funds from
defendant Campaign Finance Board.
The Campaign Finance Board is a five-member body consisting of two
individuals from different political parties appointed-by the Mayor, two
individuals from different political parties appointed by the Speaker of
the City Council, and a chairman appointed by the Mayor in consultation
with the Speaker. The Board is responsible for administering the New York
City Campaign Finance Program, which was established in 1988 by the New
York City Campaign Finance Act, N.Y.C. Admin. Code §§ 3-701, et seq.
Under the City's campaign finance program, candidates for Mayor, Public
Advocate, Comptroller, Borough President, or City Council who meet
certain requirements are eligible to receive public funding for their
campaigns. In the 2001 election, eligible candidates can receive in
public funds four times the amount they raise on their own from each
contributor, up to a maximum of $1,000 in public funds per contributor.
For example, if a candidate were to raise $100 from a single
contributor, the City would give the candidate an additional $400.
To be eligible for these public matching funds, a candidate for City
Council must, among other things, meet a threshold of at least $5,000 in
contributions from New York City residents, including at least 50
contributions of $10 or more from residents of the candidate's district.
N YC. Admin. Code § 3-703(2)(iv). Candidates desiring public
funding are also subject to strict contribution and expenditure
limitations,*fn2 and extensive record-keeping and disclosure
requirements. It is these record-keeping and disclosure requirements that
are at issue in this case.
Specifically, candidates must report in periodic disclosure statements
to the Campaign Finance Board "the full name, residential address,
occupation, employer, and business address" of each contributor, and the
amount of each contribution and the date it was received. N.Y.C. Admin.
Code § 3-703(6); N.Y.C. Rules, Tit. 52, § 3-03(3)(c)(1). A
contributor's occupation, employer, and business address, however, need
not be disclosed for any contributor whose aggregate contributions are
$99 or less. N.Y.C. Admin. Code § 3-703(6); N.Y.C. Rules § 3-03
(6). Candidates are also required to maintain records of all of their
contributions, including photocopies of checks or other monetary
instruments and, for cash contributions, a written log containing, for
each contribution, the contributor's name, residential
address, contribution amount, date, and signature. N.Y.C. Rules, Tit.
52, § 4-01(a)-(b). A candidate need not separately itemize
individual contributions from a single donor in his disclosure statements
if those contributions total less than $99, but such un-itemized
contributions are not eligible for public matching funds. N.Y.C. Rules,
Tit. 52, § 3-03(c)(4)(i).
On May 9, 2000, plaintiff petitioned the Campaign Finance Board
pursuant to Section 8-01 of Title 52 of the Rules, asking that it amend
Section 3-03(c)(4)(i) to permit relaxed reporting rules for campaign
contributions of less than $10. (Am. Comp. ¶ 3; Gordon Aff. Ex. C.)
In particular, plaintiff suggested that the Campaign Finance Board match
with public funds contributions of less than $10 "provided that the
contributor provides his full name and signature in an affirmation that
he is a resident of the City on N.Y. (one of the 5 boroughs)." (Gordon
Aff. Ex. C.) On June 21, 2000, the Campaign Finance Board declined to
adopt plaintiff's proposed amendment. (Am. Compl. ¶ 4; Gordon Aff.
I Defendant's Motion to Dismiss
Defendant moves to dismiss the Amended Complaint for failure to state a
claim pursuant to Fed.R.Civ.P. 12(b)(6). A district court should only
grant a motion to dismiss if "it appears beyond a reasonable doubt that
the plaintiff can prove no set of facts in support of his claim which
would entitle him to relief." Conley v. Gibson, 355 U.S. 41, 45-46, 78
S.Ct. 99, 2 L.Ed.2d 80 (1957); accord Tarshis v. Riese Org., 211 F.3d 30,
35 (2d Cir. 2000). The Court must accept all factual allegations in the
complaint as true and draw inferences from those allegations in the light
most favorable to plaintiff. Tarshis, 211 F.3d at 35.
In this case, the alleged constitutional violations in the Amended
Complaint, whether grounded in the First or Fourth ...