New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 1 - GENERAL PROVISIONS › Section 19:25-1.7 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter and in
					 the interpretation of the Act, shall have the following meanings unless a different
					 meaning clearly appears from the context.
"The Act" means The New Jersey Campaign Contributions and
					 Expenditures Reporting Act, P.L. 1973, c. 83, as amended,
					 N.J.S.A. 19:44A-1 et
					 seq.
"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
				  N.J.S.A.
				  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 paragraphs 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
					 N.J.S.A.
					 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, which in any calendar
					 year contributes, or expects to contribute, at least $ 7,200 to aid or promote the
					 candidacy of an individual, or the candidacies of individuals, for elective public
					 office, or the passage or defeat of a public question or public questions, and which
					 may be expected to make contributions toward such aid or promotion or passage or
					 defeat during a subsequent election, provided that the group, corporation,
					 partnership, association, or other organization has been determined by the
					 Commission to be a continuing political committee in accordance with
					 N.J.S.A.
					 19:44A-8.b. A continuing political committee does
					 not include:
1. A candidate committee,
				  joint candidates committee, political committee, political party committee or a
				  legislative leadership committee.
2. A
				  contributor not involved in fundraising (that is, not soliciting or accepting
				  contributions to aid or promote candidates, or the passage or defeat of public
				  questions), and not conducting any election-related activity other than making
				  contributions from its own funds to a candidate committee, joint candidates
				  committee, political committee, continuing political committee, political party
				  committee, or legislative leadership committee.
"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, continuing political committee, political party committee or
					 legislative leadership committee and any pledge or other commitment or assumption of
					 liability to make such transfer. For purposes of reports required under the
					 provisions of the Act, 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.
"Contributor" means an individual, corporation, labor
					 organization, association, group, candidate committee, joint candidates committee,
					 political committee, continuing political committee, political party committee or
					 legislative leadership committee making a contribution.
"Contributor" does not include an unincorporated business
					 entity, a partnership entity as defined in
					 N.J.A.C.
					 19:25-11.10(b)  or a limited
					 liability company as defined in
					 N.J.A.C.
					 19:25-11.10(c), which entities
					 are not permitted to make contributions.
"Currency" means United States government notes and coins in
					 circulation as a medium of exchange.
"Depository," "campaign depository," and "organizational
					 depository" mean any bank account, whether checking, savings, or other, that is
					 established by a candidate, candidate committee, joint candidates committee,
					 political committee, continuing political committee, political party committee, or
					 legislative leadership committee for the purpose of receiving contributions and
					 making expenditures to aid or promote a candidate in an election, or to support or
					 oppose a public question.
"District" means the State, legislative district, county,
					 municipality or part thereof, school district or other district in which a candidate
					 is seeking election to public office.
"ELEC eFile" means the web-based system available on the
					 Commission's website used to file Forms R-1, R-3, G-1, P-1, and 72/24-HR.
"Election" means any election in which a public question is to
					 be voted upon by the voters of the State or any political subdivision thereof; and
					 any election for any public office of the State or any political subdivision
					 thereof. It does not include Federal elective office, or State, county or municipal
					 political party office.
"Election-related activity" means election activity related to
					 a candidate for public office of the State of New Jersey or its political
					 subdivisions, or public question submitted to the voters of the State of New Jersey
					 or its political subdivisions as set forth in the Act and includes, without
					 limitation, contributions to candidates, expenditures for fundraising, expenditures
					 on behalf of candidates and other related political expenditures.
"Electronic filing system" means all online systems available
					 on the Commission's website
www.elec.nj.gov
for
					 electronically filing or electronically submitting reports, notices, forms,
					 applications, and other documents.
"Expenditure" includes every transfer of money or other thing of
					 value, including any item of real or personal property, tangible or intangible, made
					 by any candidate committee, joint candidates committee, political committee,
					 continuing political committee, political party committee or legislative leadership
					 committee and any pledge or other commitment or assumption of liability to make such
					 transfer. For purposes of reports required under the provisions of the Act, any such
					 commitment or assumption shall be deemed to have been an expenditure upon the date
					 when such commitment is made or liability assumed. Payments or commitments made
					 solely for the purpose of determining whether an individual should become a
					 candidate are expenditures.
1. Any cost
				  incurred in covering or carrying a news story, commentary, or editorial by any
				  broadcasting station, newspaper, magazine, or other periodical publication is not an
				  expenditure, unless the facility is owned or controlled by a candidate committee,
				  joint candidates committee, political committee, continuing political committee,
				  political party committee, or legislative leadership committee in which case the
				  cost for a news story which represents a bona fide news account communicated in a
				  publication of general circulation or on a licensed broadcasting facility, and which
				  is part of a general pattern of campaign-related news accounts which give reasonably
				  equal coverage to all opposing candidates in the circulation or listening areas, is
				  not an expenditure.
"Family member" means a spouse, child, parent or
					 sibling.
"File" or "filed" means deposited in the office of the
					 Commission designated in
					 N.J.A.C. 19:25-2.1.
"Housekeeping account" means a separate organizational
					 depository established by a State political party committee organized pursuant to
					 N.J.S.A. 19:5-4, or a county political party committee organized pursuant to
					 N.J.S.A. 19:5-3, to receive contributions and make expenditures for non-political
					 purposes.
"In-kind contribution" means a contribution of goods or services
					 received by a candidate, candidate committee, joint candidates committee, political
					 committee, continuing political committee, political party committee or legislative
					 leadership 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 his or her time on
					 behalf of a candidate or committee.
"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, municipality,
					 or school or fire district, 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. For the purposes of this definition, a
					 candidate committee formed jointly by candidates for the offices of Governor and of
					 Lieutenant Governor of the same party is not a "joint candidates committee."
"Legal guardian" or "legal guardians" means the person or
					 persons who are the natural or adoptive parents of a minor or the person or persons
					 who have been appointed by a court or other competent authority to act as the
					 guardian of the person or property of a minor.
"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
					 N.J.S.A.
					 19:44A-10.1 for the purpose of receiving
					 contributions and making expenditures.
"Minor" means any person under the age of 18 years.
"Minor's earned income" means wages, salaries, and other amounts
					 received by a minor as compensation for personal services actually rendered by the
					 minor in accordance with
					 N.J.S.A. 34:2-21.1 et
					 seq., provided that the minor's earned income shall not include wages, salaries, and
					 other compensation paid to the minor by the legal guardian or legal guardians of the
					 minor.
"National committee of a political party" means the principal
					 organization supporting election activities of a State political party committee,
					 which activities shall include the making of contributions to that State political
					 party committee pursuant to N.J.S.A. 19:44A-11.4a(2). There shall be no more than a
					 single national committee of a political party for each State political party
					 committee.
"Paid personal services" means personal, clerical,
					 administrative or professional services of every kind and nature, including, without
					 limitation, public relations, research, legal, canvassing, telephone, speech writing
					 or other such services performed other than on a voluntary basis, the salary, cost
					 or consideration of which is paid, borne or provided other than by the committee,
					 candidate or organization for whom such services are rendered.
"Political committee" means any group of two or more persons
					 acting jointly, or any corporation, partnership, or any other incorporated or
					 unincorporated association, which is organized to, or does, aid or promote the
					 nomination, election, or defeat of any candidate or candidates for public office, or
					 which is organized to, or does aid or promote the passage or defeat of a public
					 question in any election if the persons, corporation, partnership, or incorporated
					 or unincorporated association raises or expends $ 3,200 or more to so aid or promote
					 the nomination, election, or defeat of a candidate or candidates or the passage or
					 defeat of a public question. A group or association organized to promote the
					 candidacy of one or more candidates or aid or defeat the passage of a public
					 question, without a term of existence substantially longer than the campaign, is a
					 political committee. Political committee does not include:
1. A candidate committee, joint candidates
				  committee, continuing political committee, a political party committee, or a
				  legislative leadership committee.
2. A
				  contributor not involved in fund raising (that is, not soliciting or accepting
				  contributions to aid or promote candidates, or the passage or defeat of public
				  questions), and not conducting other election-related activity other than making
				  contributions from its own funds to a candidate committee, joint candidates
				  committee, political committee, continuing political committee, political party
				  committee, or legislative leadership committee.
3. A municipal or county charter study commission
				  or the members thereof shall not be deemed to be a political committee with respect
				  to the subject matter of such charter study commission at any time prior to the
				  filing of its report. Thereafter such commission or any two or more members, not
				  otherwise excluded by this chapter, may constitute a political committee for such
				  public question.
4. Except as set forth
				  in paragraph 5 below of this definition, no person or persons holding elected or
				  appointed public office in this State or any political subdivision thereof shall be
				  deemed to be a political committee with respect to any public question by virtue of
				  communication with their constituents or with public officials of the Federal
				  government or of this or any other state or political subdivision thereof, or with
				  the general public reasonably related to the duties of his or her public
				  office.
5. Elected or appointed public
				  officials, boards and commissions, and the members thereof, may become political
				  committees with respect to a public question by virtue of fund raising or other
				  election-related activities respecting such public questions.
"Political party committee" means the State committee of a
					 political party, as organized pursuant to
					 N.J.S.A.
					 19:5-4; any county committee of a political party,
					 as organized pursuant to
					 N.J.S.A.
					 19:5-3; or any municipal committee of a political
					 party, as organized pursuant to
					 N.J.S.A.
					 19:5-2.
"Public office" means any elective office of this State or any
					 political subdivision thereof, except that it does not include State, county or
					 municipal political party office.
"Public question" means any question, proposition or referendum
					 (for example, a constitutional amendment, budget adoption or bond issue) required by
					 the legislative or governing body of this State or any of its political subdivisions
					 to be submitted by referendum procedure to the voters of the State or political
					 subdivision for decision at elections.
"Public solicitation" means a solicitation as described in
					 N.J.A.C.
					 19:25-10.7(a).
"Testimonial affair" means an affair of any kind or nature
					 including, without limitation, cocktail parties, breakfasts, luncheons, dinners,
					 dances, picnics or similar affairs directly or indirectly intended to raise campaign
					 funds on behalf of a person who holds, or who is or was a candidate for nomination
					 or election to public office in this State, or is directly or indirectly intended to
					 raise funds on behalf of any candidate committee, joint candidates committee,
					 political committee, continuing political committee, political party committee, and
					 legislative leadership committee.