New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 25 - LEGISLATIVE, COUNTY AND MUNICIPAL CONTRACTOR CONTRIBUTIONS PROHIBITED › Section 19:25-25.1 - 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 of any other state or
					 foreign jurisdiction.
"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 joint candidates committee or the person or
					 persons undertaking activity relating to contributions and expenditures of a
					 candidate committee or joint candidates 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.
"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 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 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.
"Interest" means the ownership or control of 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.
"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.
"Municipal committee of a political party" means a committee
					 organized pursuant to
					 19:5-2.
"Natural person" means a human being.
"Organizational treasurer" means the person or persons appointed
					 as treasurer by a legislative leadership committee or political party committee or
					 the person or persons undertaking activity relating to contributions and
					 expenditures of a legislative leadership committee or 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 a State agency in
					 the Legislative Branch, a contract with a county, or any agency or instrumentality
					 thereof, or a contract with a municipality, or any agency or instrumentality
					 thereof.
"State agency in the Legislative Branch" means the Legislature
					 of the State and any office, board, bureau or commission within or created by the
					 Legislative Branch.
"State committee of a political party" means a committee
					 organized pursuant to
					 19:5-4.