Bill Text: NJ A1679 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires greater disclosure for campaign advertisements broadcast within certain time periods prior to an election.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly State Government Committee [A1679 Detail]
Download: New_Jersey-2012-A1679-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
SYNOPSIS
Requires greater disclosure for campaign advertisements broadcast within certain time periods prior to an election.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning campaign advertisements broadcast within certain time periods prior to an election and supplementing P.L.1973, c.83 (C.19:44A-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares:
a. On March 27, 2002, President Bush signed into law the Bipartisan Campaign Reform Act of 2002 (BCRA), Public Law No. 107-155, also known as the McCain-Feingold Act.
b. This law addressed the need for increased disclosure of electioneering communications made by independent groups, including so-called "527" issue advocacy organizations, which seek to influence elections.
c. Since 2002, "527" organizations have increased in influence, becoming a conduit for large amounts of money to be spent on political advertisements.
d. State law provides for disclosure of these organizations' activities under certain circumstances, but gaps remain between State requirements and the disclosure now required under Federal law.
e. It is therefore important that our State follow the lead of the Federal government by enacting disclosure requirements for such organizations that close the existing gaps in State law so that the public can have greater access to information regarding these groups.
2. a. In addition to the requirements described in section 2 of P.L.1995, c.391 (C.19:44A-22.3), any committee, group, or person who makes, incurs, or authorizes an expenditure for the purpose of financing an electioneering communication shall report to the Election Law Enforcement Commission in writing or by electronic communication within 48 hours of the dissemination of the electioneering communication any contributions to that committee, group, or person greater than $300 since January of the previous year, if that committee, group, or person is not already required to report such contributions to the commission pursuant to P.L.1973, c.83 (C.19:44A-1 et seq.).
b. As used in this section, "electioneering communication" means any broadcast, cable, or satellite communication naming a candidate, or aiding or promoting the nomination, election, or defeat of a candidate, or providing political information on a candidate, that is made within 30 days before a primary election or 60 days before a general election and is able to be received by an audience substantially comprised of persons eligible to vote for the candidate.
c. The provisions in this section shall not be construed to apply to any bona fide news item or editorial in general circulation, or to any candidate debate or forum.
d. (1) A person who violates a provision of this section shall be subject to the civil penalties provided in section 22 of P.L.1973, c.83 (C.19:44A-22).
(2) A person who, with intent to injure anyone or to conceal wrongdoing, purposely falsifies, conceals or misrepresents information required by this section to be disclosed is guilty of a crime of the fourth degree.
3. This act shall take effect on January 1 following enactment.
STATEMENT
This bill would require any committee, group, or person who finances an electioneering communication to disclose to the Election Law Enforcement Commission (ELEC) any contributions made to that committee, group, or person since January of the previous year that are greater than $300, if such contributions are not already being disclosed.
An electioneering communication is defined in the bill as any broadcast, cable, or satellite communication that:
- names a candidate, or aids or promotes the nomination, election, or defeat of a candidate, or provides political information on a candidate;
- is made within 30 days before a primary election or 60 days before a general election; and
- is able to be received by an audience substantially comprised of persons eligible to vote for the candidate.
The provisions of this bill would not apply to bona fide news items, editorials, and any candidate debates or forums.
This bill is based on certain provisions in the federal Bipartisan Campaign Reform Act of 2002 (BCRA), also known as the McCain-Feingold Act. These provisions addressed the need for increased disclosure of electioneering communications made by independent groups, including so-called "527" issue advocacy organizations, which seek to influence elections.
Since 2002, "527" organizations have increased in influence, becoming a conduit for large amounts of money to be spent on political advertisements. The bill's sponsor believes that since these issue advocacy organizations have increased in number and influence, it is important for New Jersey to enact standards for disclosure that are as stringent as the federal government's. Our State should enact disclosure requirements for such organizations that close the existing gaps in State law so that the public can have greater access to information regarding these groups.
