New Jersey Administrative Code › Title 19 - OTHER AGENCIES › ELECTION LAW ENFORCEMENT COMMISSION › Chapter 25 - REGULATIONS OF THE ELECTION LAW ENFORCEMENT COMMISSION › Subchapter 10 - CONTRIBUTION REPORTING › Section 19:25-10.15 - Contributions made by check

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a
				  contribution is received by means of a check or other negotiable instrument
				  (hereafter, collectively referred to as "check"), the recipient committee and
				  its campaign or organizational treasurer shall determine the contributor
				  pursuant to the following:
1. If an
				  individual who is solely or jointly a beneficial owner of the funds in the
				  account on which the check is drawn signs the check, the contributor is the
				  individual signing the check and beneficially owning the funds.
2. If the check is signed by more than one
				  individual and each of them jointly is a beneficial owner of the funds in the
				  account on which the check is drawn, each of the individuals signing the check
				  and beneficially owning the funds is a contributor. The amount of the
				  contribution of each individual signatory is the sum of the check divided
				  equally among them, unless written instructions signed by each joint beneficial
				  owner provide for a different percentage allocation of the check
				  amount.
3. If the check is signed
				  by an authorized representative of a corporation, labor organization, group or
				  association and the funds in the account on which the check is drawn are
				  beneficially owned by that corporation, labor organization, group or
				  association, the contributor is the corporation, labor organization, group or
				  association beneficially owning the funds.
4. If the check is signed by a treasurer or
				  organizational treasurer and is drawn on funds in a depository or
				  organizational depository account established by a candidate committee, joint
				  candidates committee, political committee, continuing political committee,
				  political party committee, or legislative leadership committee, the contributor
				  is the respective candidate committee, joint candidates committee, political
				  committee, continuing political committee, political party committee, or
				  legislative leadership committee beneficially owning the funds in the
				  depository or organizational depository account.
5. If the check is signed by an individual
				  who is authorized to sign it as the trustee or guardian of an individual who is
				  the beneficial owner of the funds in the account on which the check is drawn,
				  the contributor is the individual who is the beneficial owner of the funds in
				  the account. A trustee or guardian conveying funds not beneficially owned by
				  that trustee or guardian shall not be a contributor, except as provided at
				  19:25-10.1 4 for a contribution
				  from a minor.
6. If the check is
				  signed by an authorized representative of a sole proprietorship that is an
				  unincorporated business entity, and the check is drawn on the account of the
				  sole proprietorship, the contributor shall be the individual who is the sole
				  proprietor having beneficial ownership of the funds in the account on which the
				  check is drawn. If the signatory of the check is an individual other than the
				  sole proprietor beneficially owning the account, the campaign or organizational
				  treasurer shall obtain the signature of the sole proprietor, which signature
				  shall be made on the check, or made on some supporting written document
				  expressing the intent of the sole proprietor to make the contribution as an
				  individual. A sole proprietorship shall not be a contributor.
7. If the check is signed by an authorized
				  representative of a partnership entity as defined in
				  19:25-11.1 0(b), or of a limited
				  liability company as defined in
				  19:25-11.1 0(c), and the check is
				  drawn on the account of the partnership entity or limited liability company,
				  the contributor shall be an individual (or individuals) who is a partner of
				  that partnership entity, or who is a member of the limited liability company,
				  provided that the procedures set forth in
				  19:25-11.1 0 are met. A
				  partnership entity or a limited liability company shall not be a
				  contributor.