Opinion 07-88

September 6, 2007

Please Note: Candidates who wish to authorize or permit their campaign committees to raise money by conducting raffles or othergames of chance should carefully check applicable statutes and regulations to determine the lawfulness of the proposed activity. In an online brochure, the Board of Elections suggests contacting “the NYS Racing and Wagering Board (518-395-5400) or the Attorney General (518-474-7330)” for further information.

Digest:         A judge who is a candidate for judicial office may attend his/her own fund-raiser and may be present during a raffle held at that fund-raiser, provided that the judge does not participate in selling the tickets and provided that the raffle does not constitute an illegal lottery.

Rules:          22 NYCRR 100.5(A)(1)(h); 100.5(A)(2)(v); 100.5(A)(5); Opinions 97-41 (Vol. XV); 93-24 (Vol. XI).

Opinion:

         A sitting Town Justice running for re-election asks if his/her campaign committee may sell raffle tickets during one of his/her campaign fund-raising events.

         The Rules Governing Judicial Conduct generally prohibit judges and judicial candidates from “soliciting funds for, paying an assessment to, or making a contribution to a political organization or candidate.” 22 NYCRR 100.5(A)(1)(h). Judicial Candidates also are prohibited from personally soliciting or accepting contributions to their own campaign. 22 NYCRR 100.5(A)(5). They are permitted, however, to establish a committee of responsible persons to solicit and accept reasonable contributions. Id. Further, as part of their campaign for office, judicial candidates may attend political events and fund-raisers, including events that their campaign committee organizes for their own campaign. 22 NYCRR 100.5(A)(2)(v); Opinion 97-41 (Vol. XV).

         A candidate for judicial office, therefore, may attend his/her own campaign fund-raiser and may be present during a raffle held during the fund-raiser, provided that the candidate does not personally participate in selling tickets and provided that the raffle does not constitute an illegal lottery. 22 NYCRR 100.5(A)(5); Opinion 93-24 (Vol. XI).