reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 16 - PUBLIC FINANCING OF PRIMARY ELECTION FOR GOVERNOR › Section 19:25-16.31 - Borrowing of funds; repayment

Current through Register Vol. 56, No. 14, July 15, 2024
Any candidate, campaign treasurer, or deputy campaign
					 treasurer of the candidate may borrow funds from any national or State bank,
					 provided that no person, candidate committee, joint candidates committee,
					 political committee, continuing political committee, political party committee,
					 or legislative leadership committee, other than the candidate, may in any way
					 endorse or guarantee such loan in the aggregate in excess of the $ 4,900
					 contribution limit. In the case of a participating candidate guaranteeing a
					 loan to his or her own campaign, the amount so borrowed shall not at any one
					 time in the aggregate exceed $ 50,000 and must be repaid in full by such
					 candidate or the campaign treasurer, or deputy campaign treasurer, from monies
					 accepted or allocated pursuant to
					 N.J.S.A.
					 19:44A-29not later than 20 days prior to the
					 primary election. This limit does not apply to a candidate that does not
					 participate in the public financing program. Repayment shall be evidenced on a
					 report filed no later than the 11-Day Preelection reporting date with attached
					 documentation. In the event of the failure of the borrower to repay timely the
					 full amount of the loan or to certify properly such repayment to the
					 Commission, all payment of public funds to such candidate shall promptly cease
					 and the Commission shall take action as directed by the Act to prohibit the
					 expenditure by the candidate of monies received from the fund and any other
					 monies received by the candidate in aid of the candidate's campaign in such
					 primary election.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 16 - PUBLIC FINANCING OF PRIMARY ELECTION FOR GOVERNOR › Section 19:25-16.32 - Maintenance of records; audit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The campaign
				  treasurer or deputy campaign treasurer of each candidate shall retain all
				  written instruments, checks, bank statements and all other records of
				  contributions and expenditures, including originals or photocopies of all
				  documents and instruments submitted to the Commission relating to the primary
				  for a period not less than four years after submission of the final report for
				  the primary election.
(b) Each
				  candidate, campaign treasurer or deputy campaign treasurer shall furnish to the
				  Commission any books and records, including bank records for all accounts and
				  supporting documentation for matching fund submissions as may be requested by
				  the Commission for purposes of an audit or other Commission
				  examination.
(c) Each candidate,
				  campaign treasurer or deputy campaign treasurer shall, in addition to the
				  recordkeeping requirements in (a) above and in this chapter, make and maintain
				  a written record of each expenditure made from a candidate's public fund
				  account which results in the purchase of time on radio and television stations,
				  which record shall contain the exact amount of the total expenditure that was
				  used for each of the following purposes:
1.
				  The purchase of time on radio stations;
2. The amount of any credit for radio time
				  that was not used;
3. The purchase
				  of time on television stations;
4.
				  The amount of any credit for television time that was not used;
5. The payment of the cost to produce the
				  material aired on the radio and television stations;
6. The payment of any commission;
				  and
7. The amount, if any, that is
				  due to be refunded.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 16 - PUBLIC FINANCING OF PRIMARY ELECTION FOR GOVERNOR › Section 19:25-16.33 - Postelection contributions; postelection payment of expenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person, candidate committee, joint
				  candidates committee, political committee, continuing political committee, political
				  party committee, or legislative leadership committee, otherwise eligible to make
				  political contributions to a candidate may make a contribution in aid of the
				  candidacy of such candidate after the date of such primary provided such person or
				  political committee does not exceed $ 4,900 in the aggregate for such
				  primary.
(b) Contributions received by a
				  candidate, campaign treasurer or deputy campaign treasurer pursuant to (a) above
				  shall be expended in order to liquidate all obligations and to pay expenses incurred
				  during the primary campaign, but shall not be transferred to the general election
				  campaign of each candidate.
(c) Every
				  payment of expenditures for primary election obligations made by the candidate,
				  campaign treasurer or deputy campaign treasurer, after the date of the primary
				  election (except as otherwise specifically provided by the Act or this chapter, for
				  example, compliance costs) shall be deemed to be expenditures for such primary
				  election within the meaning of section 7 of the Act.
(d) Contributions received by a candidate,
				  campaign treasurer or deputy campaign treasurer after the date of the primary
				  election for that election shall be eligible for matching of funds and shall be
				  matched provided they are submitted pursuant to
				  19:25-16.1 8 and 19:25-16.1 9 up to the
				  first Monday following the fifth month after the primary election.
(e) A candidate may utilize the funds deposited in
				  a housekeeping account established pursuant to
				  N.J.S.A.
				  19:44A-10.2 to pay non-political expenses incurred
				  following the election in which the candidate participated. Utilization of
				  housekeeping funds shall be consistent with the provisions at
				  N.J.A.C.
				  19:25-4.6(e).
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 16 - PUBLIC FINANCING OF PRIMARY ELECTION FOR GOVERNOR › Section 19:25-16.34 - Repayment of public or other funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All moneys
				  received by a qualified candidate from the public fund for primary election
				  campaign expenses remaining after the liquidation of all lawful obligations
				  with respect to that election shall be repaid to the Commission (for return to
				  the Treasurer of the State of New Jersey) not later than six months after the
				  date of such primary election. All moneys, other than moneys received from the
				  public fund, remaining available to any qualified candidate after the
				  liquidation of all obligations, shall also be repaid to the Commission (for
				  return to the Treasurer of the State of New Jersey) not later than six months
				  after the date of such primary election provided however, that nothing herein
				  contained shall require any candidate to pay into the public fund a total
				  amount of moneys in excess of the total amount of moneys received by such
				  qualified candidate from the public fund.
(b) No candidate who has received public
				  funds shall incur any debt or make any expenditure after the date of the
				  election for any purpose other than the following:
1. To satisfy outstanding obligations
				  incurred on or before the date of the election made for appropriate campaign
				  purposes; or
2. To pay the
				  reasonable and necessary costs of closing the campaign.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 16 - PUBLIC FINANCING OF PRIMARY ELECTION FOR GOVERNOR › Section 19:25-16.34A - Application for termination of reporting with net liabilities by publicly financed candidates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A publicly
				  financed candidate who has returned all public moneys to the Commission in
				  compliance with the requirements of
				  19:25-16.3 4, but who has
				  continued to file postelection quarterly reports to report net liabilities,
				  that is, outstanding obligations in excess of the total assets of the candidate
				  committee, including its cash balance in all of its depository accounts, may
				  apply to the Commission to file a final report to terminate the reporting of
				  the candidate committee as set forth in (b) through (e) below.
(b) Such application shall not be made
				  earlier than seven years after the date of the election.
(c) Each candidate and treasurer filing an
				  application for termination of reporting shall certify the following:
1. For each outstanding obligation, the date
				  each obligation was incurred and the date it was first reported on a report
				  filed with the Commission;
2. A
				  statement describing the efforts made by the campaign to retire the outstanding
				  obligations, including, without limitation, efforts to compromise or resolve
				  the debt with the vendor or service provider;
3. That the candidate committee expects to
				  receive no further contributions to retire its net liabilities in the
				  election;
4. That the candidate
				  committee has liquidated all assets and applied proceeds from such liquidation
				  to retire debt;
5. That the
				  candidate committee expects to make no further expenditures except to bring any
				  remaining depository account balance to zero; and
6. All reports required by the Reporting Act
				  and this chapter have been timely filed and correctly stated, except for good
				  cause shown.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 16 - PUBLIC FINANCING OF PRIMARY ELECTION FOR GOVERNOR › Section 19:25-16.34B - Final report certification with net liabilities for publicly financed candidates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon approval by the Commission pursuant
				  to the provisions of
				  N.J.A.C.
				  19:25-16.34A, a publicly financed candidate
				  may file a final report and certify it as finalized.
(b) The final report shall show a zero
				  balance in all campaign depository accounts and all final expenditures of
				  campaign funds shall be made in accordance with
				  N.J.A.C.
				  19:25-16.33, Postelection payment of
				  expenses, and 16.34, Repayment of public or other funds.
(c) An outstanding obligation reported on a
				  final report filed pursuant to (a) and (b) above shall not be considered a
				  "contribution" as defined at
				  N.J.A.C.
				  19:25-1.7.
(d) Notwithstanding (c) above, by enacting
				  this section, the Commission does not waive its authority pursuant to
				  N.J.S.A.
				  19:44A-6.b(10) to make a referral to the
				  Office of the Attorney General for possible violations of
				  N.J.S.A.
				  19:44A-21.a and b, upon subsequent receipt of
				  evidence of false certification or misrepresentation of contributions or
				  expenditures.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 16 - PUBLIC FINANCING OF PRIMARY ELECTION FOR GOVERNOR › Section 19:25-16.35 - Computation of value of goods and services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Goods
				  and services shall, for purposes of the reports required to be filed under the
				  Act and for purposes of the expenditure limitation contained at
				  N.J.S.A.
				  19:44A-7where applicable, be valued by the
				  reasonable commercial value of such goods and services to the candidate,
				  whether or not the cost or value of such goods or services to the contributor
				  or other provider of those services is higher or lower than such reasonable
				  commercial value.
(b) The costs of
				  a political communication as defined in
				  19:25-10.1 0 which aids or
				  promotes a candidate for Governor, and is undertaken, made or circulated with
				  the cooperation or consent of the candidate, shall be reported by the candidate
				  in the same manner as the receipt of any goods and services, and shall be
				  valued for the purposes of the contribution limit in
				  19:25-16.6 and the expenditure
				  limit in 19:25-16.9(a)  3
				  in the same manner as any other contributed goods or services.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 16 - PUBLIC FINANCING OF PRIMARY ELECTION FOR GOVERNOR › Section 19:25-16.36 - Corporate or labor organization communications

Current through Register Vol. 56, No. 14, July 15, 2024
Communications on any subject by a corporation to its
					 stockholders and their families, or by a labor organization to its members and
					 their families, and non-partisan registration and get-out-the-vote campaigns by
					 a corporation aimed at its stockholders and their families, or by a labor
					 organization aimed at its members and their families, shall not be construed to
					 be in aid of the candidacy of, or on behalf of, a candidate for election to the
					 office of Governor in any primary election.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 16 - PUBLIC FINANCING OF PRIMARY ELECTION FOR GOVERNOR › Section 19:25-16.38 - Statement of candidates electing to participate in debates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				  candidate for the office of Governor that does not qualify for receipt of
				  public funds may elect to participate in the series of interactive
				  gubernatorial primary election debates by filing the following no later than
				  the last day for filing a petition to nominate candidates for the primary
				  election for Governor:
1. Form G-1A,
				  indicating their intent to participate in the series of debates; and
2. Form P-1 establishing the candidate
				  deposited contributions of at least $ 490,000 and that at least $ 490,000 of
				  the contributions have been expended or are committed to be expended.
i. Form P-1 shall include scanned images of
				  all documentation that substantiate contribution and expenditure thresholds
				  have been met.
ii. The use of
				  personal funds can be used to meet all or part of the contribution
				  threshold.
iii. The candidate may
				  not use any loan repayment amount to meet any part of the expenditure
				  threshold.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 16 - PUBLIC FINANCING OF PRIMARY ELECTION FOR GOVERNOR › Section 19:25-16.39 - Application to sponsor debates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be
				  eligible for selection by the Commission to sponsor one or more of the
				  interactive gubernatorial primary election debates, an organization:
1. Must be unaffiliated with any political
				  party or with any holder of or candidate for public office;
2. Must not have endorsed any candidate in
				  the pending primary election for the office of Governor and must agree not to
				  make any such endorsement until the completion of any debate sponsored by the
				  organization; and
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 16 - PUBLIC FINANCING OF PRIMARY ELECTION FOR GOVERNOR › Section 19:25-16.40 - Selection of debate sponsor

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Based upon
				  the eligibility criteria in
				  19:25-16.3 9(a), the Commission
				  shall select the organization or organizations to sponsor the gubernatorial
				  primary election debates within 30 calendar days of the March 15 deadline for
				  receipt of sponsor applications and shall provide written notification to the
				  organization or organizations so selected.
(b) The Commission shall determine the number
				  of primary election debates for which each debate sponsor organization is
				  responsible and the party affiliation of the candidates in each debate. The
				  Commission shall provide each debate sponsor it has selected with a list of
				  candidates who are required to participate in the gubernatorial primary
				  election debates or who have elected to participate.
(c) Where the number of eligible applicants
				  to sponsor gubernatorial primary election debates exceeds the number of
				  prescribed primary election debates, in making its selection, the Commission
				  shall consider the information set forth on the written application pursuant to
				  19:25-16.3 9(c), (d) and
				  (e).
(d) The Commission shall also
				  consider in making its selection under (c) above, whether or not the applicant
				  is a previously selected sponsor that:
1. Made
				  changes in submitted plans or arrangements and notified the Commission of such
				  changes pursuant to the provisions of
				  19:25-16.4 1A(a); and
2. Received approval for such changes from
				  the Commission pursuant to the provisions of
				  19:25-16.4 1A(b).
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 16 - PUBLIC FINANCING OF PRIMARY ELECTION FOR GOVERNOR › Section 19:25-16.41 - Dates, times, and location of debates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Not later
				  than five calendar days after receipt of notification from the Commission that
				  an organization has been selected to sponsor one or more of the gubernatorial
				  primary election debates, each sponsoring organization shall:
1. Submit a written calendar to the
				  Commission and to all candidates who are required to or have elected to
				  participate in the relevant debate or debates containing the date, time,
				  location, and plans for television and other media coverage of the debate or
				  debates assigned to the sponsor;
2.
				  Submit to the Commission a description of the physical facilities available at
				  the debate site or sites for use by television, broadcast and other media
				  personnel; and
3. Submit a written
				  statement to the Commission agreeing not to endorse any candidate for
				  nomination in the pending primary election.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 16 - PUBLIC FINANCING OF PRIMARY ELECTION FOR GOVERNOR › Section 19:25-16.41A - Notification to Commission of change in debate plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				  organization or organizations selected pursuant to
				  19:25-16.4 0 to sponsor a
				  gubernatorial primary election debate shall provide written notification to the
				  Commission within 48 hours of any change made in the plans or arrangements for
				  the debate submitted on the application pursuant to
				  19:25-16.3 9(c), (d) or (e). Such
				  written notification shall include the reason for each change. A selected
				  sponsor may use a facsimile transmission (fax) to the Commission at (609)
				  292-4238 for the limited purpose of filing this notification. Such fax shall
				  contain identifying information as to transmitter, and the date and time of the
				  transmission.
(b) The Commission
				  shall review any change submitted pursuant to (a) above and notify the
				  organization or organizations whether or not the change is approved. The
				  Commission's determination shall be based upon the degree to which the changes
				  vary from the original approved application and the nature of the changes,
				  including, but not limited to, whether or not such changes:
1. Are within the control of the
				  sponsor(s);
2. Affect the
				  interactive nature of the debates; or
3. Compromise the ability to maximize
				  outreach to the voting public.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 16 - PUBLIC FINANCING OF PRIMARY ELECTION FOR GOVERNOR › Section 19:25-16.42 - Rules for conduct of debates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each debate
				  in the series of interactive debates between or among candidates for nomination
				  for the office of Governor shall be of at least one hour's duration.
(b) Promulgation of the rules of the conduct
				  of each debate shall be the responsibility of the organization selected by the
				  Commission as the sponsor of each debate and such rules shall not be made final
				  without consultation with the chairpersons of the New Jersey Republican and
				  Democratic State Committees.
(c)
				  Immediately upon notification of its selection as a sponsor and no later than
				  five calendar days before each date is to occur, the sponsor shall forward the
				  written rules for conduct of the interactive primary election debate to the
				  chairpersons of the New Jersey Republican State Committee and the New Jersey
				  Democratic State Committee to the Commission, and to the relevant candidates
				  who are required to or have elected to participate in the debate.
(d) The candidates participating in the
				  debate and the Commission shall be notified by the sponsor in writing of any
				  modifications or changes to the rules for conduct of a debate no later than two
				  calendar days before the debate is scheduled to occur.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 16 - PUBLIC FINANCING OF PRIMARY ELECTION FOR GOVERNOR › Section 19:25-16.43 - Complaint alleging failure to participate in a required debate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				  complaint filed with the Commission alleging failure of a primary election
				  candidate to participate in a required debate shall:
1. Be in writing and be verified;
				  and
2. Contain a detailed statement
				  alleging with specificity all facts known to the complainant pertinent to the
				  allegation of failure to participate in a debate.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 16 - PUBLIC FINANCING OF PRIMARY ELECTION FOR GOVERNOR › Section 19:25-16.44 - Temporary cessation of distribution of public funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt
				  by the Commission of a verified complaint alleging failure to participate in a
				  debate, the Commission shall meet as soon as practicable to determine whether
				  there is reasonable cause to believe the respondent candidate may have failed
				  to participate as required in a primary election debate.
(b) If it is determined by majority vote of
				  the Commission that there is reasonable cause to believe that a candidate may
				  have failed to participate in a debate as required, the Commission shall:
1. Cease the review and certification of any
				  public fund amounts which have been requested by the respondent candidate from
				  the Commission and which have not previously been approved; and
2. Schedule a hearing before it on the
				  complaint to determine whether the respondent candidate has failed to
				  participate in a debate as alleged.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 16 - PUBLIC FINANCING OF PRIMARY ELECTION FOR GOVERNOR › Section 19:25-16.45 - Response to a complaint for failure to participate in a debate or debates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within five
				  calendar days of service of the complaint upon the respondent candidate, he or
				  she shall respond to the complaint in a written, verified answer which:
1. Admits or denies each of the factual
				  allegations contained in the complaint; and
2. Sets forth any affirmative defenses to the
				  allegations contained in the complaint including all facts known to the
				  respondent candidate pertinent to any such affirmative defense.
3. Justification and excuse shall be deemed
				  to be affirmative defenses for the purposes of this subsection.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 16 - PUBLIC FINANCING OF PRIMARY ELECTION FOR GOVERNOR › Section 19:25-16.46 - Conduct of the hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  complainant and the respondent candidate shall appear at the hearing. Other
				  interested persons may appear as permitted by N.J.A.C. 1:1-16 and may be
				  represented as permitted by N.J.A.C. 1:1-5.
(b) The hearing shall be governed by the New
				  Jersey Uniform Administrative Procedure Rules, (N.J.A.C. 1:1).
(c) The complainant shall have the burden of
				  proving non-participation by a preponderance of the credible evidence, and the
				  respondent candidate charged with the failure to participate in a debate shall
				  have the burden of proving justification or excuse by a preponderance of the
				  credible evidence.
(d) At the
				  request of the complainant or respondent candidate, subpoenas shall be issued
				  to compel the attendance of witnesses to testify at the hearing held to
				  determine a candidate's failure to participate in a debate.
(e) The Commission may refer the matter for
				  hearing to the Office of Administrative Law as a contested case pursuant to the
				  provisions of the New Jersey Uniform Administrative Procedure Rules, (N.J.A.C.
				  1:1).
(f) The Commission shall have
				  the authority to assess the costs associated with a hearing held pursuant to
				  this section against any complainant, respondent or interested person permitted
				  to appear.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 16 - PUBLIC FINANCING OF PRIMARY ELECTION FOR GOVERNOR › Section 19:25-16.47 - Final decision of non-participation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the
				  conclusion of a hearing, the Commission shall determine by majority vote:
1. Whether a candidate required to
				  participate in a primary election debate has failed to do so;
2. Whether the failure to participate
				  occurred under circumstances which were beyond the control of the candidate and
				  of such a nature that a reasonable person would find the failure justifiable or
				  excusable; and
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 16 - PUBLIC FINANCING OF PRIMARY ELECTION FOR GOVERNOR › Section 19:25-16.48 - Complaint alleging violation of primary election expenditure limit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				  complaint filed with the Commission alleging violation by a primary election
				  candidate receiving public matching funds of the primary election expenditure
				  limit in 19:25-16.9(a)3 
				  shall:
1. Be in writing and be
				  verified;
2. Be brought solely
				  against a gubernatorial candidate participating in the pending primary election
				  gubernatorial public financing program;
3. Specifically identify the name and address
				  of the complainant and the name and address of the respondent; and
4. Contain a detailed statement alleging with
				  specificity all facts known to the complainant pertinent to the alleged
				  violation of the primary election expenditure limit, including the
				  complainant's best estimate of the amount expended by the gubernatorial
				  candidate and the alleged facts supporting that estimate.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 16 - PUBLIC FINANCING OF PRIMARY ELECTION FOR GOVERNOR › Section 19:25-16.49 - Postelection proceedings for return of funds

Current through Register Vol. 56, No. 14, July 15, 2024
A candidate for nomination for election to the office of
					 Governor who has qualified to and receives public matching funds in an election
					 shall be subject to postelection proceedings undertaken by the Commission
					 seeking reimbursement if the expenditure limit in
					 19:25-16.9(a)3 
					 has been exceeded, or if public funds have been spent in violation of
					 19:25-16.2 5, or for any other
					 alleged violation pertinent to the legality of funds awarded in the primary
					 election.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 17 - COMPLAINTS AND OTHER PROCEEDINGS; VIOLATIONS › Section 19:25-17.1 - Opportunity for hearing

Current through Register Vol. 56, No. 14, July 15, 2024
In any penalty proceeding undertaken by the Commission
					 pursuant to
					 19:44A-22 or
					 19:44A-41, each respondent shall
					 be afforded the opportunity for a hearing pursuant to the provisions of the
					 Administrative Procedure Act,
					 52:14B-1 et seq. and 52:14F-1 et
					 seq., and N.J.A.C. 1:1.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 17 - COMPLAINTS AND OTHER PROCEEDINGS; VIOLATIONS › Section 19:25-17.1A - Default for failure to answer complaint

Current through Register Vol. 56, No. 14, July 15, 2024
In any penalty proceeding undertaken by the Commission
					 pursuant to
					 19:44A-22 or
					 19:44A-41, or other statutory
					 authority, the Commission may enter a Final Decision, including penalty,
					 against any respondent who fails to file with the Commission a written
					 responsive pleading or answer within 20 days after service on such respondent
					 in conformity with the rules of the New Jersey Office of Administrative Law of
					 a copy of a complaint alleging a specific violation of the law within the
					 Commission's jurisdiction to enforce.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 17 - COMPLAINTS AND OTHER PROCEEDINGS; VIOLATIONS › Section 19:25-17.2 - Offenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The term
				  "reporting transaction" means the receipt of a contribution, the making of an
				  expenditure or the occurrence of any other event, which is subject to the
				  reporting requirements of the Act or this chapter.
(b) The term "recordkeeping transaction"
				  means the receipt of a contribution, the making of an expenditure or the
				  occurrence of any other event, which is subject to the recordkeeping
				  requirements of the Act or this chapter.
(c) Each reporting transaction that is not
				  reported in the manner or not filed on the date established for reporting or
				  filing by the Act or this chapter shall constitute an offense pursuant to the
				  Act subject to the penalties provided in
				  19:44A-22.
(d) Each recordkeeping transaction, which is
				  not made or maintained in the manner prescribed by the Act or this chapter
				  shall constitute an offense pursuant to the Act subject to the penalties
				  provided in
				  19:44A-22.
(e) Each disbursement or other use of
				  contributions received by a candidate, candidate committee, joint candidates
				  committee, legislative leadership committee, campaign treasurer or
				  organizational treasurer for a purpose that is impermissible pursuant to
				  19:44A-11.2, or is prohibited
				  pursuant to this chapter, shall constitute an offense pursuant to the Act
				  subject to the penalties provided in
				  19:44A-22.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 17 - COMPLAINTS AND OTHER PROCEEDINGS; VIOLATIONS › Section 19:25-17.3B - Late filing of reports or reporting transactions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission shall consider the late filing
				  of a report or reporting transaction a less egregious offense than the failure to
				  file that report or that reporting transaction.
(b) In determining the amount of a penalty to be
				  imposed pursuant to
				  19:25-17.3 for late filing of a
				  Candidate--Sworn Statement (Form A-1), a Joint Candidates Committee--Sworn Statement
				  (Form A-2), a Committee--Sworn Statement (Form A-3), or a Recall Committee--Sworn
				  Statement (Form A-4), the Commission shall consider the following factors:
1. Failure to provide preelection reporting or
				  disclosure;
2. The number of days late;
				  and
3. The presence or absence of any
				  expenditures.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 17 - COMPLAINTS AND OTHER PROCEEDINGS; VIOLATIONS › Section 19:25-17.3C - Other penalty factors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In
				  determining the amount of a penalty to be imposed pursuant to
				  19:25-17.3, 17.3A and 17.3B, the
				  Commission shall consider the factors described in (b) through (f)
				  below.
(b) The Commission shall
				  consider previous offenses on record in Commission Final Decisions against a
				  candidate, political committee, continuing political committee, political party
				  committee, or legislative leadership committee.
(c) The Commission shall consider the amounts
				  of penalties imposed in prior cases for similar offenses committed under
				  similar circumstances.
(d) The
				  Commission shall consider aggravating circumstances, which shall include, but
				  not be limited to, the following:
1. Failing
				  to disclose or delaying disclosure of a preelection reporting transaction until
				  after the date of the election;
2.
				  Delaying disclosure of a reporting transaction for any material reason
				  pertinent to the election or political interest of the candidate or
				  committee;
3. Gross neglect of
				  reporting or recordkeeping responsibility;
4. Issuance of a subpoena intended to compel
				  production of documents;
5. Failure
				  to obey a subpoena to appear before the Commission or to produce records;
				  and
6. Failure to cooperate with an
				  investigation being conducted by the Commission.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 17 - COMPLAINTS AND OTHER PROCEEDINGS; VIOLATIONS › Section 19:25-17.3D - Penalty payment schedule

Current through Register Vol. 56, No. 14, July 15, 2024
Where the Commission determines that the dollar amount of
					 a penalty imposed pursuant to
					 19:44A-22 would jeopardize the
					 ability of the candidate to conduct a candidacy in a future election, or
					 jeopardize the ability of a committee to participate in a future election, or
					 would otherwise cause undue financial hardship to a candidate, committee,
					 treasurer, or other person, the Commission may, in its discretion, permit the
					 candidate or committee to pay a penalty in installments on a schedule
					 established by the Commission.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 17 - COMPLAINTS AND OTHER PROCEEDINGS; VIOLATIONS › Section 19:25-17.4 - Penalty for impermissible use of contributions

Current through Register Vol. 56, No. 14, July 15, 2024
In determining the amount of a penalty to be imposed for
					 each disbursement or other use of contributions that is for a purpose that is
					 impermissible pursuant to
					 19:44A-11.2, or is prohibited
					 pursuant to this chapter, in the absence of factors described in
					 19:25-17.3C, the Commission shall
					 impose a penalty in an amount that is at least equal to the amount of the
					 impermissible use, subject to the maximum penalty provided in
					 19:44A-22.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 17 - COMPLAINTS AND OTHER PROCEEDINGS; VIOLATIONS › Section 19:25-17.5 - Penalty for making or accepting a contribution in excess of the contribution limit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A candidate,
				  candidate committee, joint candidates committee, political committee,
				  continuing political committee, political party committee, legislative
				  leadership committee, campaign treasurer, organizational treasurer, or person,
				  who knowingly, willfully, or intentionally makes or accepts a contribution
				  that, either alone or when aggregated with prior contributions from the same
				  contributor, is in excess of the limits pursuant to
				  N.J.A.C.
				  19:25-11.2, shall be subject to the penalties
				  prescribed by N.J.S.A. 19:44A-22e.
(b) The knowing, willful, or intentional
				  acceptance of a contribution that, either alone or when aggregated with prior
				  contributions from the same contributor, is in excess of the limits pursuant to
				  19:25-11.2, shall refer to the act
				  of receiving a contribution and retaining for a period of more than 48-hours
				  the amount of the contribution that is in excess of the applicable limit
				  established pursuant to
				  19:25-11.2.
(c) The knowing, willful, or intentional
				  making of a contribution that, either alone or when aggregated with prior
				  contributions from the same contributor, is in excess of the limits pursuant to
				  19:25-11.2, shall refer to the act
				  of making a contribution in an amount that is in excess of the applicable limit
				  established pursuant to
				  19:25-11.2 and delivering the
				  contribution or causing the contribution to be delivered to a candidate, or to
				  a campaign or organizational treasurer, or to any other person authorized to
				  receive funds on behalf of a candidate committee, joint candidates committee,
				  political committee, continuing political committee, political party committee,
				  or legislative leadership committee.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 18 - ADVISORY OPINIONS › Section 19:25-18.1 - Requests for advisory opinions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person or
				  committee subject to, or reasonably believing he, she or it may be subject to,
				  any provision or requirement of the Campaign Reporting Act may request that the
				  Commission provide an advisory opinion pursuant to
				  19:44A-6. Such request shall be in
				  writing and shall include the following:
1.
				  The full name, mailing address and daytime telephone number of the person or
				  committee on whose behalf the opinion is requested;
2. A description of the current filing
				  status, if any, of the person or committee and the name under which the person
				  or committee is filing reports with the Commission if that name is different
				  from the name given in (a)1 above;
3. A full and complete statement of all
				  pertinent facts and contemplated activities that are the subject of the
				  inquiry. Such statement must affirmatively state that the contemplated
				  activities have not been previously undertaken by the person or committee
				  requesting the opinion, and that the person or committee has standing to seek
				  the opinion, that is the opinion will affect the person's or committee's
				  reporting or other requirements under the Act;
4. A statement of the cognizable question of
				  law arising under the Act, including specific citations to pertinent sections
				  of the Act and this chapter;
5. A
				  statement of the result that the person or committee seeks, and a statement of
				  the reasoning supporting that result;
6. The signature of the person requesting the
				  opinion, or in the case of a request submitted on behalf of a candidate or
				  joint candidates committee, the signature of the candidate or candidates on
				  whose behalf a candidate committee has been established, or in the case of any
				  other committee, the signature of the committee treasurer; and
7. A statement of whether or not the person
				  or committee seeking the advisory opinion consents to a 30-day period for
				  issuance of the Commission's opinion, which period shall start from the date of
				  Commission receipt of the completed advisory opinion request. Such consent
				  shall be understood to be consent to an extension of the 10-day period provided
				  in N.J.S.A. 19:44A-6f for issuance of the opinion.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 18 - ADVISORY OPINIONS › Section 19:25-18.2 - Time for issuing advisory opinions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A request
				  for an advisory opinion shall not be deemed as received by the Commission until
				  all the requirements of
				  19:25-18.1 have been
				  satisfied.
(b) Unless an extension
				  of time is consented to by any person requesting an advisory opinion, the
				  Commission shall issue its opinion within 10 days of receipt of the request for
				  that opinion. For the purpose of this subchapter, the term "days" shall mean
				  days that the Commission is open for the conduct of its business, and shall
				  exclude Saturdays, Sundays, legal holidays and any day in which offices of the
				  State of New Jersey are closed.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 19 - PERSONAL FINANCIAL DISCLOSURE STATEMENTS › Section 19:25-19.1 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this subchapter, covering personal
					 financial disclosure statements of candidates for the offices of Governor and
					 Lieutenant Governor or for State legislative office are promulgated pursuant to
					 the Act requiring the filing of financial disclosure statements by certain
					 candidates, Laws 1981, c. 129 (19:44B-1, and
					 following the Personal Financial Disclosure Statement Act, as amended by
					 P.L.
					 2009, c. 66 ).
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 19 - PERSONAL FINANCIAL DISCLOSURE STATEMENTS › Section 19:25-19.2 - 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.
"Candidate" means:
1. An individual seeking election to the office of
					 Governor, office of Lieutenant Governor, Senate, or General Assembly;
2. 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 for the office of Governor, Senate, or
					 General Assembly; and
3. An individual appointed to fill a vacancy, which vacancy
					 occurs in the nomination of a candidate by primary election, or by direct
					 petition for the office of Governor, Senate, or General Assembly, or in the
					 office of Lieutenant Governor.
"Gift" means any money or thing of value received other
					 than as income, and for which a consideration of equal or greater value is not
					 received, but does not include any political contribution reported as otherwise
					 required by law, any loan made in the ordinary course of business, or any
					 devise, bequest, intestate estate distribution or principal distribution of a
					 trust or gift received from a member of a person(s) household or from a
					 relative within the third degree of consanguinity of the person or his spouse,
					 or from the spouse of that relative.
"Income" means any money or thing of value received, or to
					 be received, as a claim on future services, whether in the form of a fee,
					 expense, allowance, forbearance, forgiveness, interest, dividend, royalty,
					 rent, capital gain, or any other form of recompense, or any combination
					 thereof.
"Member of household" means the spouse of a candidate for
					 the office of Governor, the spouse of a candidate for the office of Lieutenant
					 Governor, or the spouse of a candidate for the Senate or General Assembly
					 residing in the same domicile, and any dependent children.
"Relative" shall mean a son, daughter, grandson,
					 granddaughter, father, mother, grandfather, grandmother, greatgrandfather,
					 greatgrandmother, brother, sister, nephew, niece, uncle, or aunt. Relatives by
					 adoption, half-blood, marriage, or re-marriage shall be treated as relatives of
					 the whole kinship.