A New York City Council bill would restrict public servants who are candidates for office from appearing in certain government-funded third-party communications during the 90 days before an election. Introduced by Council Members David M. Carr, Phil Wong and Frank Morano, Int. No. 1075-2026 was on the Council’s September 24 agenda and remains in committee.
According to the New York City Council, the proposal would expand existing restrictions on the use of government resources for communications involving candidates. The bill specifically covers third-party communications, including content published on websites, digital applications and social media platforms.
The Proposal Extends Existing Election-Year Restrictions
Under Int. No. 1075, a public servant who is a candidate for nomination or election, or the candidate’s spouse, could not appear or otherwise participate in a government-funded third-party public communication published less than 90 days before a primary or general election for which that person is a candidate.
The bill defines a third-party public communication as published content where the author is either not a public servant or government agency, or is not clearly identified as one. That definition is broad enough to cover digital and social media content rather than limiting the restriction to traditional advertising.
The proposal would also retain restrictions on government-funded mass mailings during the 90-day period before an election. The legislation includes an exception allowing one mass mailing within 21 days after adoption of the executive budget, provided it is not intentionally sent outside the geographic area represented by the candidate.
The Campaign Finance Board told the Council that the proposal would broaden the types of communications covered by an existing restriction on government-funded mass mailings. The CFB said it had no substantive feedback or formal position on the bill at the time of its September 22 testimony.
What the 90-Day Rule Could Mean for Candidates
For public servants running for office in NYC, the proposal would create an additional communications compliance issue during the final 90 days before an election. Candidates who hold public positions would need to distinguish campaign communications from government-funded communications and pay attention to whether they are appearing in content produced or distributed using government resources.
The issue is particularly relevant as public officials increasingly communicate through digital channels. The Council’s proposal specifically includes websites, digital applications and social media, meaning candidates could need to review appearances in third-party digital content alongside more traditional government communications.
For first-time candidates, the broader lesson is to understand the rules that apply before campaign activity begins. Government resources, official communications and campaign communications are subject to different requirements, and candidates who are also public servants may face additional restrictions. Reviewing applicable rules before participating in government-funded communications can help candidates identify potential compliance issues early.
The bill is currently a proposal rather than an enacted law. Its committee status means candidates should treat the 90-day restriction as proposed legislation and continue following the requirements already in effect unless the Council takes further action.
The proposal reflects an ongoing effort to define how government communications should operate when public officials become candidates for office. For NYC campaigns, the distinction between official government communication and campaign activity can affect how candidates plan their public appearances and digital outreach.
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It would restrict public servants who are candidates from appearing in certain government-funded third-party communications during the 90 days before an election.
No. Int. No. 1075-2026 is currently listed as an introduction in committee and has not been enacted.
