New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 26 - CONTRIBUTION DISCLOSURE BY FOR-PROFIT ENTITIES › Section 19:25-26.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter,
					 shall have the following meanings unless a different meaning clearly appears from
					 the context.
"Business entity" means a for-profit entity that is a natural or
					 legal person, business corporation, professional services corporation, limited
					 liability company, partnership, limited partnership, business trust, association or
					 any other legal commercial entity organized under the laws of this State or of any
					 other state or foreign jurisdiction.
"Candidate" means:
1.
				  An individual seeking election to a public office of this State or of a county,
				  municipality or school or fire district at any election;
2. An individual who shall have been elected or
				  failed of election to an office, other than a party office, for which he or she
				  sought election and who receives contributions and makes expenditures for any of the
				  purposes authorized by
				  19:44A-11.2; and
3. An individual who has received funds or other
				  benefits or has made payments solely for the purpose of determining whether the
				  individual should become a candidate as defined in 1 and 2 above.
This definition does not include an individual seeking Federal
					 elective office, or State, county or municipal political party office.
"Candidate committee" means a committee established by a
					 candidate pursuant to
					 19:44A-9(a), for the
					 purpose of receiving contributions and making expenditures.
"Commission" means the New Jersey Election Law Enforcement
					 Commission.
"Continuing political committee" includes any group of two or
					 more persons acting jointly, or any corporation, partnership or any other
					 incorporated or unincorporated association, including a political club, political
					 action committee, civic association or other organization, established pursuant to
					 19:44A-8(b)  and
					 19:25-1.7 and 4.5.
"Contribution" includes every loan, gift, subscription, advance
					 or transfer of money or other thing of value, including any in-kind contribution,
					 made to or on behalf of any candidate committee, joint candidates committee,
					 political committee, or continuing political committee and any pledge or other
					 commitment or assumption of liability to make such transfer. For the purposes of
					 this subchapter, any such commitment or assumption shall be deemed to have been a
					 contribution upon the date when such commitment is made or liability assumed. Funds
					 or other benefits received solely for the purpose of determining whether an
					 individual should become a candidate are contributions.
"Contribution reportable by the recipient" shall mean a currency
					 contribution in any amount or a contribution or contributions in excess of $ 200.00
					 in the aggregate per election made to or received by a candidate committee, joint
					 candidates committee, or political committee or per calendar year made to or
					 received by a continuing political committee.
"County committee of a political party" means a committee
					 organized pursuant to
					 19:5-3.
"Currency" means United States government notes and coins in
					 circulation as a medium of exchange.
"Director" means any member of the governing board of a
					 corporation, whether designated as a director, trustee, manager, governor or by any
					 other title.
"Fair and open process" means, at a minimum, that the contract
					 shall be:
1. Publicly advertised in
				  newspapers or on the Internet website maintained by the public entity in sufficient
				  time to give notice in advance of the contract;
2. Awarded under a process that provides for
				  public solicitation of proposals or qualifications and awarded and disclosed under
				  criteria established in writing by the public entity prior to the solicitation of
				  proposals or qualifications; and
3.
				  Publicly opened and announced when awarded.
A contract awarded under a process that includes public bidding
					 or competitive contracting pursuant to State contracts law or the Local Public
					 Contracts Law, N.J.S.A. 40A:11-1 et seq. (P.L. 1971, c. 198), shall constitute a
					 fair and open process. The decision of a public entity as to what constitutes a
					 "fair and open process" shall be final.
"In-kind contribution" means a contribution of goods or services
					 received by a candidate committee, joint candidates committee, political committee,
					 or continuing political committee, which contribution is paid for by a person or
					 entity other than the recipient committee, but does not include services provided
					 without compensation by an individual volunteering a part of or all of their time on
					 behalf of a candidate or committee.
"Interest" means the ownership or control of more than 10
					 percent of the profits or assets of a business entity or more than 10 percent of the
					 stock, in the case of a business entity that is a corporation for profit, as
					 appropriate.
"Joint candidates committee" means a committee established
					 pursuant to N.J.S.A. 19:44A-9(a) by at least two candidates for the same elective
					 public offices in the same election in a legislative district, county, or
					 municipality, but not more candidates than the total number of the same elective
					 public offices to be filled in that election, for the purpose of receiving
					 contributions and making expenditures. For the purposes of this definition, the
					 offices of member of the Senate and members of the General Assembly shall be deemed
					 to be the same elective public offices in a legislative district; the offices of
					 member of the board of county commissioners and county executive shall be deemed to
					 be the same elective public offices in a county; and the offices of mayor and member
					 of the municipal governing body shall be deemed to be the same elective public
					 offices in a municipality.
"Legal person" means a corporation which possesses legal
					 rights.
"Legislative leadership committee" means a committee
					 established, authorized to be established, or designated by the President of the
					 Senate, the Minority Leader of the Senate, the Speaker of the General Assembly, or
					 the Minority Leader of the General Assembly, pursuant to
					 19:44A-10.1 for the purpose of
					 receiving contributions and making expenditures.
"Local unit" means a county, municipality, agency or
					 instrumentality of a county or municipality, independent authority, board of
					 education, or fire district.
"Natural person" means a human being.
"Municipal committee of a political party" means a committee
					 organized pursuant to
					 19:5-2.
"Officer" means a president, vice president with senior
					 management responsibility, secretary, treasurer, chief executive officer, chief
					 financial officer of a corporation or any person routinely performing such functions
					 for a corporation.
"Partner" means one of two or more natural persons or other
					 entities, including a corporation, who or which are joint owners of and carry on a
					 business for profit, and which business is organized under the laws of this State or
					 of any other state or foreign jurisdiction, as a general partnership, limited
					 partnership, limited liability partnership, limited liability company, limited
					 partnership association, or other such form of business organization.
"Political party committee" means:
1. The State committee of a political party, as
				  organized pursuant to
				  19:5-4;
2. Any county committee of a political party, as
				  organized pursuant to
				  19:5-3; or
3. Any municipal committee of a political party,
				  as organized pursuant to
				  19:5-2.
"Principal" means a natural person or other entity who or which
					 owns or controls more than 10 percent of the profits or assets of a business entity
					 or 10 percent of the stock in the case of a business entity that is a corporation
					 for profit.
"Public entity" means any State agency or any local unit, as
					 those terms are defined herein.
"State agency" means any of the principal departments in the
					 Executive Branch of the State government, and any division, board, bureau, office,
					 commission or other instrumentality within or created by such department, the
					 Legislature of the State and any office, board, bureau or commission within or
					 created by the Legislative Branch, and any independent State authority, commission,
					 instrumentality or agency.
"State committee of a political party" means a committee
					 organized pursuant to
					 19:5-4.