Bill Text: NJ A3640 | 2020-2021 | Regular Session | Introduced
Bill Title: Clarifies and strengthens disclosure requirements for certain complimentary tickets received by candidates, officeholders, political party officials, political committees and continuing political committees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-03-16 - Introduced, Referred to Assembly State and Local Government Committee [A3640 Detail]
Download: New_Jersey-2020-A3640-Introduced.html
Sponsored by:
Assemblyman ERIK PETERSON
District 23 (Hunterdon, Somerset and Warren)
SYNOPSIS
Clarifies and strengthens disclosure requirements for certain complimentary tickets received by candidates, officeholders, political party officials, political committees and continuing political committees.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain tickets received by certain individuals and committees, amending and supplementing P.L.1973, c.83 and supplementing P.L.1981, c.129 (C.19:44B-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1973, c.83 (C.19:44A-3) is amended to read as follows:
3. As used in this act, unless a different meaning clearly appears from the context:
a. (Deleted by amendment, P.L.1993, c.65.)
b. (Deleted by amendment, P.L.1993, c.65.)
c. The term "candidate" means: (1) an individual seeking election to a public office of the State or of a county, municipality or school district at an election; except that the term shall not include an individual seeking party office; (2) an individual who shall have been elected or failed of election to an office, other than a party office, for which he sought election and who receives contributions and makes expenditures for any of the purposes authorized by section 17 of P.L.1993, c.65 (C.19:44A-11.2) during the period of his service in that office; and (3) an individual who has received funds or other benefits or has made payments solely for the purpose of determining whether the individual should become a candidate as defined in paragraphs (1) and (2) of this subsection.
d. The terms "contributions" and "expenditures" include all loans and transfers of money or other thing of value to or by any candidate, candidate committee, joint candidates committee, political committee, continuing political committee, independent expenditure committee, political party committee or legislative leadership committee, and all pledges or other commitments or assumptions of liability to make any such transfer; and for purposes of reports required under the provisions of this act shall be deemed to have been made upon the date when such commitment is made or liability assumed.
e. The term "election" means any election described in section 4 of this act.
f. The term "paid personal services" means personal, clerical, administrative or professional services of every kind and nature including, without limitation, public relations, research, legal, canvassing, telephone, speech writing or other such services, performed other than on a voluntary basis, the salary, cost or consideration for which is paid, borne or provided by someone other than the committee, candidate or organization for whom such services are rendered. In determining the value, for the purpose of reports required under this act, of contributions made in the form of paid personal services, the person contributing such services shall furnish to the treasurer through whom such contribution is made a statement setting forth the actual amount of compensation paid by said contributor to the individuals actually performing said services for the performance thereof. But if any individual or individuals actually performing such services also performed for the contributor other services during the same period, and the manner of payment was such that payment for the services contributed cannot readily be segregated from contemporary payment for the other services, the contributor shall in his statement to the treasurer so state and shall either (1) set forth his best estimate of the dollar amount of payment to each such individual which is attributable to the contribution of his paid personal services, and shall certify the substantial accuracy of the same, or (2) if unable to determine such amount with sufficient accuracy, set forth the total compensation paid by him to each such individual for the period of time during which the services contributed by him were performed. If any candidate is a holder of public office to whom there is attached or assigned, by virtue of said office, any aide or aides whose services are of a personal or confidential nature in assisting him to carry out the duties of said office, and whose salary or other compensation is paid in whole or part out of public funds, the services of such aide or aides which are paid for out of public funds shall be for public purposes only; but they may contribute their personal services, on a voluntary basis, to such candidate for election campaign purposes.
g. (Deleted by amendment, P.L.1983, c.579.)
h. The term "political information" means any statement including, but not limited to, press releases, pamphlets, newsletters, advertisements, flyers, form letters, Internet or digital advertisements, or radio or television programs or advertisements which reflects the opinion of the members of the organization on any candidate or candidates for public office, on any public question, or which contains facts on any such candidate, or public question whether or not such facts are within the personal knowledge of members of the organization.
i. The term "political committee" means any two or more persons acting jointly, or any corporation, partnership, or any other incorporated or unincorporated association which is organized to, or does, aid or promote the nomination, election or defeat of any candidate or candidates for public office, or which is organized to, or does, aid or promote the passage or defeat of a public question in any election, if the persons, corporation, partnership or incorporated or unincorporated association raises or expends $2,400 or more to so aid or promote the nomination, election or defeat of a candidate or candidates or the passage or defeat of a public question; provided that for the purposes of this act, the term "political committee" shall not include a "continuing political committee," as defined by subsection n. of this section, a "political party committee," as defined by subsection p. of this section, a "candidate committee," as defined by subsection q. of this section, a "joint candidates committee," as defined by subsection r. of this section, a "legislative leadership committee," as defined by subsection s. of this section, or an "independent expenditure committee," as defined by subsection t. of this section.
j. The term "public solicitation" means any activity by or on behalf of any candidate, political committee, continuing political committee, candidate committee, joint candidates committee, legislative leadership committee, independent expenditure committee, or political party committee whereby either (1) members of the general public are personally solicited for cash contributions not exceeding $20.00 from each person so solicited and contributed on the spot by the person so solicited to a person soliciting or through a receptacle provided for the purpose of depositing contributions, or (2) members of the general public are personally solicited for the purchase of items having some tangible value as merchandise, at a price not exceeding $20.00 per item, which price is paid on the spot in cash by the person so solicited to the person so soliciting, when the net proceeds of such solicitation are to be used by or on behalf of such candidate, political committee, continuing political committee, candidate committee, joint candidates committee, legislative leadership committee, independent expenditure committee, or political party committee.
k. The term "testimonial affair" means an affair of any kind or nature including, without limitation, cocktail parties, breakfasts, luncheons, dinners, dances, picnics or similar affairs directly or indirectly intended to raise campaign funds in behalf of a person who holds, or who is or was a candidate for nomination or election to a public office in this State, or directly or indirectly intended to raise funds in behalf of any political party committee or in behalf of a political committee, continuing political committee, candidate committee, joint candidates committee, independent expenditure committee, or legislative leadership committee.
l. The term "other thing of value" means any item of real or personal property, tangible or intangible, but shall not be deemed to include personal services other than paid personal services.
m. The term "qualified candidate" means:
(1) Joint candidates for election to the offices of Governor and Lieutenant Governor whose names appear on the general election ballot; who have deposited and expended $150,000.00 pursuant to section 7 of P.L.1974, c.26 (C.19:44A-32); and who, not later than September 1 preceding a general election in which the offices of Governor and Lieutenant Governor are to be filled, (a) notify the Election Law Enforcement Commission in writing that the candidates intend that application will be made on the candidates' behalf for monies for general election campaign expenses under subsection b. of section 8 of P.L.1974, c.26 (C.19:44A-33), and (b) sign a statement of agreement, in a form to be prescribed by the commission, to participate in interactive gubernatorial election debates under the provisions of sections 9 through 11 of P.L.1989, c.4 (C.19:44A-45 through C.19:44A-47); or
(2) Joint candidates for election to the offices of Governor and Lieutenant Governor whose names do not appear on the general election ballot; who have deposited and expended $150,000.00 pursuant to section 7 of P.L.1974, c.26 (C.19:44A-32); and who, not later than September 1 preceding a general election in which the offices of Governor and Lieutenant Governor are to be filled, (a) notify the Election Law Enforcement Commission in writing that the candidates intend that application will be made on the candidates' behalf for monies for general election campaign expenses under subsection b. of section 8 of P.L.1974, c.26 (C.19:44A-33), and (b) sign a statement of agreement, in a form to be prescribed by the commission, to participate in interactive gubernatorial election debates under the provisions of sections 9 through 11 of P.L.1989, c.4 (C.19:44A-45 through C.19:44A-47); or
(3) Any candidate for nomination for election to the office of Governor whose name appears on the primary election ballot; who has deposited and expended $150,000.00 pursuant to section 7 of P.L.1974, c.26 (C.19:44A-32); and who, not later than the last day for filing petitions to nominate candidates to be voted upon in a primary election for a general election in which the office of Governor is to be filled, (a) notifies the Election Law Enforcement Commission in writing that the candidate intends that application will be made on the candidate's behalf for monies for primary election campaign expenses under subsection a. of section 8 of P.L.1974, c.26 (C.19:44A-33), and (b) signs a statement of agreement, in a form to be prescribed by the commission, to participate in two interactive gubernatorial primary debates under the provisions of sections 9 through 11 of P.L.1989, c.4 (C.19:44A-45 through C.19:44A-47); or
(4) Any candidate for nomination for election to the office of Governor whose name does not appear on the primary election ballot; who has deposited and expended $150,000.00 pursuant to section 7 of P.L.1974, c.26 (C.19:44A-32); and who, not later than the last day for filing petitions to nominate candidates to be voted upon in a primary election for a general election in which the office of Governor is to be filled, (a) notifies the Election Law Enforcement Commission in writing that the candidate intends that application will be made on the candidate's behalf for monies for primary election campaign expenses under subsection a. of section 8 of P.L.1974, c.26 (C.19:44A-33), and (b) signs a statement of agreement, in a form to be prescribed by the commission, to participate in two interactive gubernatorial primary debates under the provisions of sections 9 through 11 of P.L.1989, c.4 (C.19:44A-45 through C.19:44A-47).
n. The term "continuing political committee" means any group of two or more persons acting jointly, or any corporation, partnership, or any other incorporated or unincorporated association, including a political club, political action committee, civic association or other organization, which in any calendar year contributes or expects to contribute at least $5,500 to the aid or promotion of the candidacy of an individual, or of the candidacies of individuals, for elective public office, or the passage or defeat of a public question or public questions, and which may be expected to make contributions toward such aid or promotion or passage or defeat during a subsequent election, provided that the group, corporation, partnership, association or other organization has been determined to be a continuing political committee under subsection b. of section 8 of P.L.1973, c.83 (C.19:44A-8); provided that for the purposes of this act, the term "continuing political committee" shall not include a "political party committee," as defined by subsection p. of this section, a "legislative leadership committee," as defined by subsection s. of this section, or an "independent expenditure committee," as defined by subsection t. of this section.
o. The term "statement of agreement" means a written declaration, by a candidate for nomination for election to the office of Governor, or by joint candidates for election to the offices of Governor and Lieutenant Governor who intend that application will be made on behalf of the candidate for the office of Governor to receive monies for the primary election or on behalf of the candidates for the office of Governor and the office of Lieutenant Governor for general election campaign expenses under subsection a. or subsection b., respectively, of section 8 of P.L.1974, c.26 (C.19:44A-33), that the candidates undertake to abide by the terms of any rules established by any private organization sponsoring a gubernatorial primary or general election debate, as appropriate, to be held under the provisions of sections 9 through 11 of P.L.1989, c.4 (C.19:44A-45 through C.19:44A-47) and in which the candidates are to participate. The statement of agreement shall include an acknowledgment of notice to the candidates who sign it that failure on the candidates' part to participate in any of the gubernatorial debates may be cause for the termination of the payment of such monies on the candidates' behalf and for the imposition of liability for the return to the commission of such monies as may previously have been so paid.
p. The term "political party committee" means the State committee of a political party, as organized pursuant to R.S.19:5-4, any county committee of a political party, as organized pursuant to R.S.19:5-3, or any municipal committee of a political party, as organized pursuant to R.S.19:5-2.
q. The term "candidate committee" means a committee established pursuant to subsection a. of section 9 of P.L.1973, c.83 (C.19:44A-9) for the purpose of receiving contributions and making expenditures.
r. The term "joint candidates committee" means a committee established pursuant to subsection a. of section 9 of P.L.1973, c.83 (C.19:44A-9) by at least two candidates for the same elective public offices in the same election in a legislative district, county, municipality or school district, 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 purpose of this subsection: the offices of member of the Senate and [members] member 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 chosen freeholders 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.
s. The term "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 section 16 of P.L.1993, c.65 (C.19:44A-10.1) for the purpose of receiving contributions and making expenditures.
t. The term "independent expenditure committee" means a person organized under section 527 of the federal Internal Revenue Code (26 U.S.C. s.527) or under paragraph (4) of subsection (c) of section 501 of the federal Internal Revenue Code (26 U.S.C. s.501) that does not fall within the definition of any other organization subject to the provisions of P.L.1973, c.83 (C.19:44A-1 et seq.), that engages in influencing or attempting to influence the outcome of any election or the nomination, election, or defeat of any person to any State or local elective public office, or the passage or defeat of any public question, legislation, or regulation, or in providing political information on any candidate or public question, legislation, or regulation, and raises or expends $3,000 or more in the aggregate for any such purpose annually, but does not coordinate its activities with any candidate or political party as determined by the Election Law Enforcement Commission pursuant to the provisions of section 11 of P.L.2019, c.124 (C.19:44A-3.1).
u. The term "electioneering communication" means any communication made within the period beginning on January 1 of an election year and the date of the election and refers to: (1) a clearly identified candidate for office and promotes or supports a candidate for that office or opposes a candidate for that office, regardless of whether the communication expressly advocates a vote for or against a candidate; or (2) a public question and promotes or supports the passage or defeat of that question, regardless of whether the communication expressly advocates a vote for or against the passage of the question. The term includes communications published in any newspaper or periodical; broadcast on radio, television, or the Internet or digital media, or any public address system; placed on any billboard, outdoor facility, button, motor vehicle, window display, poster, card, pamphlet, leaflet, flyer, or other circular; or contained in any direct mailing, robotic phone calls, or mass e-mails.
v. The term "independent expenditure" means an expenditure by a person expressly advocating, or the functional equivalent thereof, the election or defeat of: (1) a clearly identified candidate that is not made in concert or cooperation with or at the request or suggestion of the candidate, the candidate's committee, a political party committee, or an agent thereof; or (2) a public question, legislation, or regulation, that is not made in concert or cooperation with or at the request or suggestion of the sponsors, organizers, or committee supporting or opposing the question, legislation, or regulation, a political party, or agents thereof. The "functional equivalent" of expressly advocating means specific advocacy that can be interpreted by a reasonable person as advocating the election or defeat of a candidate, or the passage or defeat of a public question, legislation, or regulation, taking into account whether the communication involved mentions a candidate, a political party, or a challenger to a candidate, or takes a position on a candidate's character, qualifications, or fitness for office, or that can be interpreted by a reasonable person as taking a position on the merits of a public question, legislation, or regulation, or taking a position in favor or against the passage or defeat of a public question, legislation, or regulation.
w. The term "complimentary tickets" means, but is not limited to, tickets, passes, tokens, chits, vouchers or other similar tangible or intangible forms of authorization which are given without monetary cost to the recipient and which give the holder thereof license to either: (1) attend a dinner, party, reception, affair, function or other event without monetary charge to that person; or (2) have the use of an intangible benefit.
x. The term "officeholder" means any person who has been elected to and holds a public office in this State as of the effective date of this 1992 amendatory and supplementary act and any person elected to and holding public office subsequent to the effective date of this act.
y. The term "political party official" means, but is not limited to, the chairman, vice-chairman, treasurer and secretary of the State committee of a political party, as organized pursuant to R.S.19:5-4; the chairman, vice-chairman, treasurer and secretary of any county committee of a political party, as organized pursuant to R.S.19:5-3; and the chairman, vice-chairman, treasurer and secretary of any municipal committee of a political party, as organized pursuant to R.S.19:5-2.
(cf: P.L.2019, c.124, s.1)
2. (New section) a. Any complimentary tickets for a political fundraiser or event which are purchased by any person, association or organization and given free of charge to a candidate, officeholder, political party official or member of a political committee or continuing political committee, and which are used subsequently by that candidate, officeholder, official or member to attend the fundraiser or event, shall be considered an in-kind contribution to that candidate, officeholder, official or member from the person, association or organization who gave the tickets to the candidate, officeholder, official or member which shall be reported to the commission if either the face value or purchase price of the tickets is greater than $200. The report shall be filed by the candidate, officeholder, political party official or member of a political committee or continuing political committee who uses such tickets and shall include the name and mailing address of the recipient, the name and mailing address of the sponsor of the fundraiser or event and of its beneficiary, and the face value or purchase price of each such ticket greater than $200. The report shall be filed with the commission no later than the next date required by the provisions of P.L.1973, c.83 (C.19:44A-1 et seq.) for a candidate, officeholder, political party official or member of a political committee or continuing political committee to file any reports of contributions or expenditures. A political party official shall include the receipt and use of such a ticket in any report required to be filed by the continuing political committee with which that political party official is associated.
b. Any complimentary tickets to a political fundraiser or event which are given to a candidate, officeholder, political party official or member of a political committee or continuing political committee and are not used by the recipient or, as far as the candidate, officeholder, official or member knows, not used by any other candidate, officeholder, official or member, shall not be considered an in-kind contribution to the candidate, officeholder, official or member who first received the tickets and need not be reported to the commission by the recipient.
However, if any complimentary tickets to a political fundraiser or event which were given originally to a candidate, officeholder, political party official or member of a political committee or continuing political committee are given thereby to another candidate, officeholder, political party official or member of a political committee or continuing political committee who uses the tickets to attend the fundraiser or event, these users shall be considered to have received an in-kind contribution from the candidate, officeholder, official or member who gave the tickets to the candidate, officeholder, official or member who used the tickets to attend the fundraiser or event. Both the candidate, officeholder, official or member who used the tickets and the candidate, officeholder, official or member who gave the tickets to the users thereof shall file a report with the commission if either the face value or purchase price of each such ticket is greater than $200. The report shall include the name and mailing address of the giver of the tickets, of the recipients thereof, and of the sponsor of the fundraiser or event and of its beneficiary, and the face value or purchase price of each such ticket greater than $200. The report shall be filed with the commission no later than the next date required by the provisions of P.L.1973, c.83 (C.19:44A-1 et seq.) for a candidate, officeholder, political party official or member of a political committee or continuing political committee to file any reports of contributions or expenditures. A political party official shall include the donation or receipt and use of such a ticket in any report required to be filed by the continuing political committee with which that political party official is associated.
3. (New section) For the purposes of this act, the face value displayed on a complimentary ticket or actual purchase price paid for the ticket, whichever amount is greater, shall be the amount of other thing of value which a candidate, officeholder, political party official or member of a political committee or continuing political committee will be considered to have received or given as an in-kind contribution, as is appropriate, and which shall be reported to the commission.
4. (New section) a. The receipt of complimentary tickets from the sponsor of a political fundraiser or event by a candidate for the office of Governor or a candidate for the office of member of the Legislature which have a face value of greater than $250 shall not be considered a gift received by that person and shall not be required to be reported by the recipient to the commission.
b. The receipt of complimentary tickets for a political fundraiser or event which are purchased by any person, association or organization and have a face value or purchase price of greater than $200 and are given free of charge to a candidate for the office of Governor or a candidate for the office of member of the Legislature for the personal use of that candidate shall be considered a gift received by that person and shall be reported as such to the commission pursuant to the provisions of P.L.1981, c.129 (C.19:44B-1 et seq.).
5. This act shall take
effect on January 1 following its enactment.
STATEMENT
The purpose of this bill is to clarify and strengthen the disclosure requirements for certain types of complimentary tickets received by candidates, officeholders, political party officials and members of political committees and continuing political committees. Specifically, the bill is concerned with complimentary tickets to political fundraisers or events which are purchased by a person, organization or association and then given free of charge to a candidate, officeholder, political party official or member of a political committee or continuing political committee. In such a situation, the recipients are required to report to ELEC the receipt of complimentary tickets and they are to be considered in-kind contributions to the candidate, officeholder, official or member of a political committee or continuing political committee who uses the tickets to attend a fundraiser or event if either the face value or purchase price of each ticket is greater than $200. Any such tickets given to a candidate, officeholder, political party official or member of a political committee or continuing political committee and not used thereby need not be reported to ELEC. But if such tickets are given by a candidate, officeholder, official or member to another candidate, officeholder, official or member, the ultimate users of the tickets shall be considered to have received a reportable in-kind contribution from the candidate, officeholder, official or member providing the tickets that were used.
