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 19:25-16.29B - Determination of independence or coordination of an expenditure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To determine
				  whether or not a person, candidate committee, joint candidates committee,
				  political committee, continuing political committee, county or municipal
				  political party committee, State political party committee which has not voted
				  to endorse a candidate for nomination for election to the office of Governor,
				  or legislative leadership committee has made an independent expenditure,
				  pursuant to
				  19:25-16.2 9, for a communication
				  to support or defeat a candidate for nomination for election to the office of
				  Governor in the primary election, the Commission shall consider, but not be
				  limited to, the factors set forth in (c) below.
(b) To determine whether or not a person or
				  entity, other than the gubernatorial candidate or his or her candidate
				  committee, expending funds to make a communication shall be deemed to have made
				  a coordinated expenditure, pursuant to
				  19:25-16.3 0, the Commission shall
				  consider, but not be limited to, the factors set forth in (c) below.
(c) The Commission shall determine whether or
				  not the gubernatorial candidate, his or her candidate committee, any member of
				  the staff of the gubernatorial candidate or his or her candidate committee, or
				  any agent of the gubernatorial candidate or his or her candidate committee:
1. Cooperated with, consented to, authorized,
				  or exercised control over the production or circulation of the communication
				  expenditure;
2. Requested or
				  suggested that the communication expenditure be made;
3. Provided information to the person or
				  entity making the communication expenditure with regard to the content, timing,
				  location, mode, intended audience, distribution, or placement of the
				  television, radio, direct mail, or other form of communication;
4. Discussed or negotiated with the
				  purchaser, creator, producer, or distributor of the communication concerning
				  the content, timing, location, mode, intended audience, distribution, or
				  placement of the communication;
5.
				  Shared information or held discussions on campaign or media strategy with the
				  person or entity making the communication expenditure or with the purchaser,
				  creator, producer, or distributor of the communication;
6. Shared its polling or other research with
				  the person or entity making the communication expenditure or whether or not the
				  person or entity making the communication expenditure shared its polling or
				  other research with the gubernatorial candidate, his or her candidate
				  committee, or with any agent of the gubernatorial candidate or his or her
				  candidate committee; or
7. Used the
				  same consultants, employees, staff, or agents as the person or entity making
				  the communication expenditure to create, target, or place the
				  communication.