New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 24 - STATE CONTRACTOR CONTRIBUTIONS PROHIBITED › Section 19:25-24.1 - 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 any 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 any other state or
					 foreign jurisdiction, and includes:
1. All
				  principals who own or control 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, as appropriate;
2. Any subsidiaries directly or indirectly
				  controlled by the business entity;
3.
				  Any political organization organized under section
				  527 of the Internal Revenue Code that is directly
				  or indirectly controlled by the business entity, other than a candidate committee or
				  political party committee; and
4. If a
				  business entity is a natural person, that person's spouse or child, residing with
				  the natural person.
"Campaign Reporting Act" means the New Jersey Campaign
					 Contributions and Expenditures Reporting Act,
					 19:44A-1 et seq.
"Campaign treasurer" means the person or persons appointed as
					 treasurer by a candidate committee or the person or persons undertaking activity
					 relating to contributions and expenditures of a candidate committee pursuant to the
					 Campaign Reporting Act.
"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.
"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 or joint candidates 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 or joint
					 candidates committee.
"Contribution reportable by the recipient" shall mean a currency
					 contribution in any amount or a contribution or contributions in excess of $ 300.00
					 in the aggregate per election made to or received by a candidate committee or joint
					 candidates committee or per calendar year made to or received by a political party
					 committee or legislative leadership 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.
"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 pursuant to a process that provides for
				  public solicitation of proposals or qualifications and awarded and disclosed
				  pursuant to 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 pursuant to 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.
"File" or "filed" means deposited in the office of the
					 Commission designated in
					 19:25-2.1.
"In-kind contribution" means a contribution of goods or services
					 received by a candidate committee or joint candidates 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.
"Legal person" means a corporation which possesses legal
					 rights.
"Natural person" means a human being.
"Organizational treasurer" means the person or persons appointed
					 as treasurer by a political party committee or the person or persons undertaking
					 activity relating to contributions and expenditures of a political party committee
					 pursuant to the Campaign Reporting Act.
"Political party committee" means the State committee of a
					 political party, as organized pursuant to
					 19:5-4; any county committee of a
					 political party, as organized pursuant to
					 19:5-3; or any municipal committee of a
					 political party, as organized pursuant to
					 19:5-2.
"Public contract" shall mean a contract with the State or any
					 department or agency thereof or with its independent authorities, and shall include
					 any division, board, bureau, office, commission or other instrumentality within or
					 created by such department and any independent State authority, board, commission,
					 instrumentality or agency.
"State committee of a political party" means a committee
					 organized pursuant to
					 19:5-4.