New York State Board of Elections Updates Fair Campaign Code
By: Joseph T. Burns
At a September 2, 2026, commissioners’ meeting, the New York State Board of Elections (NYSBOE) adopted an amendment to update the state’s Fair Campaign Code regulations. While many of the changes to the regulations were minor or technical, others will significantly alter the process by which complaints under the Fair Campaign Code are heard.
First, the time for a respondent of a complaint under the Fair Campaign Code to provide an answer to the NYSBOE is lengthened. Respondents had been given seven days to respond to a complaint; that is now lengthened to ten business days. Maybe more importantly, respondents to a complaint regarding the release of poll information for a poll occurring thirty days before an election will now be given five days from the date the complaint was accepted to provide a response. Previously, these respondents were only given three days to provide an answer to the NYSBOE.
The new regulations also establish a detailed process for conducting Fair Campaign Code complaint hearings. Hearings, under the new regulations, are held in person at the NYSBOE’s offices in Albany, but a party may request to have the hearing conducted by teleconference or videoconference.
Both parties, pursuant to these regulations, will have the opportunity to present witnesses, documents, or other evidence at the hearing. The regulations also allow the hearing officer to question both parties as well as request written materials or oral presentations from nonparties. Witness that testify will testify under oath.
Hearing officers are given great latitude in the conduct of the hearing under this amendment to the regulations. For instance, the hearing officer is allowed, at his discretion, to accept copies of evidence when the original is not available. Hearing officers are also given wide discretion over how and when cross examination is conducted.
The new regulations require that Fair Campaign Code hearings be recorded. That recording becomes part of the hearing’s record, which will also include the complaint and response, correspondence between the NYSBOE and the parties, evidence from the hearing, and the results of any investigation into the complaint conducted by NYSBOE staff.
The Fair Campaign Code is established in Article 3 of the Election Law. It is designed to establish “ethical standards of conduct” for those involved in campaigns, including political parties and committees.
The most noteworthy portion of the Fair Campaign Code is likely its provision prohibiting the use of a poll to “promote the success or defeat of a candidate” without disclosing the poll through a filing with the NYSBOE. Those candidates, political parties, and committees that do use poll results to promote the success or defeat of a candidate have 48 hours from that disclosure to file the poll results with the NYSBOE.
The processes for making a Fair Campaign Code complaint and responding to a Fair Campaign Code complaint can be complicated. Something as simple as missing a deadline by a day or failing to provide timely notice to the opposing party can seriously harm a party’s case. Those making or responding to a Fair Campaign Code complaint should consult an attorney experienced in these matters.
