What Political Consultants Should Know Before Working With New York Independent Expenditure Committees
By: Joseph T. Burns
As New York approaches the 2026 election cycle, Independent Expenditure (IE) committees are poised to play an outsized role in shaping statewide and legislative races. For political consultants, this dramatically increases the stakes. Working for an IE that supports a candidate in New York may now be one of the most legally sensitive assignments a consultant can take on. The state’s coordination rules are hyper-technical and aggressively enforced; missteps can trigger significant scrutiny. Because of the complexity in New York’s rules governing coordination between IEs and candidates, consultants would be wise to seek legal advice before being retained to work for an IE.
New York Election Law § 14-107 establishes the boundaries of lawful IE activity. Consultants should understand that if an IE is investigated for illegally coordinating with a candidate, written and electronic communications, staffing and relationships will all be put under a microscope.
The statute also contains several “two-year rules” that may catch consultants by surprise. A candidate or their agent, for instance, may not participate in the formation of an IE intended to support that candidate within two years of the election. Candidates or their agents are barred from appearing at IE fundraisers benefiting the candidate within that same window. IEs are prohibited from employing individuals who worked for the supported candidate within the prior two years. These restrictions are strict and can disqualify talented operatives from IE work.
Other provisions add further complexity. IEs are barred from renting office space to or from a candidate or the candidate’s committee. Immediate family members of the candidate are prohibited from forming or managing an IE that supports that candidate. This includes the candidate’s spouse, parents, children, grandparents, and siblings.
Common vendors of candidates and IEs, however, are treated somewhat differently. Candidates and IEs may share vendors provided that the vendor establishes confidentiality agreements with both the candidate or the candidate’s campaign and the IE committee.
For consultants, the safest approach is to treat IE assignments as undertakings requiring clear boundaries, strict management of staff and data, and early legal review by knowledgeable professionals. Consultants who wait until an issue arises often discover that the consequences are irreversible. Investigations into illegal coordination can be expensive, time-consuming, and professionally damaging.
As IEs continue to grow in scale and importance, consultants entering this space should plan their work with great care and with a full understanding of New York’s coordination rules. The most reliable way to do that is to seek advice from experienced professionals
