Opinion 23-29

March 23, 2023

Digest:         Subject to limitations on price and number of tickets, a candidate for election to judicial office may pay the lowest price offered to the general public, even if specially discounted tickets are made available to district leaders.

Rules:          22 NYCRR 100.5(A)(1)(h); 100.5(A)(2); 100.5(A)(2)(v); 100.6(A); Opinions 18-35; 13-99/13-100/13-101/13-102; 13-60; 12-84/12-95(B)-(G); 06-80/06-81; 92-97; 88-26.

Opinion:

         The inquiring quasi-judicial official is currently in their window period for election to judicial office. The candidate has learned that, at some political fund-raisers, discounted tickets are offered only to district leaders, while members of the general public are offered general admission tickets at a higher price. Given our advice that candidates must purchase the lowest priced tickets to a political event (e.g. Opinion 92-97), the candidate asks how to proceed when the very lowest price is “a special price offered only to a certain group of people,” rather than the “lowest price that the public at large can pay.”

         A judge or non-judge candidate for elective judicial office may personally participate in their own campaign for judicial office during the applicable window period, subject to certain limitations (see generally 22 NYCRR 100.5[A][2]; 100.6[A]). As relevant here, the candidate must not make a contribution to any other political candidate or any political organization (see 22 NYCRR 100.5[A][1][h]), but may purchase two tickets to, and attend, a politically sponsored event (see 22 NYCRR 100.5[A][2][v]). The ticket price “shall not exceed the proportionate cost” of the event, but a ticket price of $250 or less is deemed to be the proportionate cost of the function (id.).

         As noted, if tickets for a political event are offered at multiple prices, a candidate “must purchase those with the lowest price” (Opinion 13-60 [citations omitted]; see also Opinion 88-26 [noting that a judge may not make a political contribution by purchasing a more expensive “sponsor” or “patron” level ticket to a political dinner]). Therefore, a judicial candidate “may not purchase tickets at a price higher than the price all other attendees are required to pay, because that would be an impermissible political contribution” (Opinion 13-60; 22 NYCRR 100.5[A][1][h]).

         In Opinion 12-84/12-95(B)-(G), we considered whether a judicial candidate could permit others to attend their fund-raiser without charge. We noted the practice of “providing complimentary admission or ‘comping’” selected individuals was a “long-standing” one in political circles. In concluding that there is “no ethical impediment” to a judicial candidate likewise “comping” others, we explained (id.):

there are many legitimate reasons why a judicial candidate may wish to invite some individuals to attend his/her fund-raiser without charge.... For example, the candidate may be acting out of courtesy or friendship, or the candidate may hope that the individual’s presence at the fund-raiser will encourage others to attend, or attendees to contribute more generously to the candidate’s campaign.

Clearly, the fact that a political organization or candidate decides to offer a reduced ticket price (or even free admission) to a certain group of people, such as district leaders, does not require them to extend such offer to the public at large or even to judicial candidates.

         We therefore conclude that reference to the “lowest ticket price” cannot mean the lowest price that any person is able to pay to attend a political event. It means the lowest general admission price, or the lowest priced tickets offered to the general public. Thus, subject to the generally applicable limitations on price and number of tickets (see e.g. Opinions 13-99/13-100/13-101/13-102; 06-80/06-81), a judicial candidate may pay the lowest price offered to the general public, even if specially discounted tickets are made available to district leaders.

         As a reminder, where the lowest priced general admission ticket exceeds $250, the candidate may permit their campaign committee to request a reduced ticket price, i.e. a price not exceeding $250 per ticket, even though others must pay more (see Opinion 18-35).