Sponsored by:
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Prohibits certain unsolicited political calls by political organizations or candidates to persons in this State.
CURRENT VERSION OF TEXT
As introduced.
An Act prohibiting certain unsolicited political telephone calls and supplementing Title 19 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Division" means the Division of Elections in the Department of Law and Public Safety.
"No political call list" or "no call list" means a list of persons in this State who do not wish to receive unsolicited political calls.
"Political candidate" means an individual seeking election to a public office of the State or of a county, municipality, or school district at an election in this State.
"Political organization" means a "political committee" or a "continuing political committee" as these terms are defined in "The New Jersey Campaign Contributions and Expenditures Reporting Act," P.L.1973, c.83 (C.19:44A-1 et seq.).
"Unsolicited political call" means a telephone call made by or on behalf of a political candidate or political organization to a person in this State for the purpose of inducing a "public solicitation" as that term is defined in "The New Jersey Campaign Contributions and Expenditures Reporting Act," P.L.1973, c.83 (C.19:44A-1 et seq.), or for the purpose of encouraging donations of volunteer time or other consideration to a political organization or political candidate.
2. The division shall establish and maintain a no political call list. The division shall provide notice to the general public of the establishment of a no political call list. Any person in this State who desires to be included on the no political call list shall notify the division by calling a toll-free number provided by the division, by transmitting a request via electronic mail, United States mail, or in any other manner as the division may prescribe. A person included on the no political call list shall be deleted from the list within 30 days of receipt of a written request to the division from the person to make the deletion. The division shall update the list not less than monthly and shall make the no political call list available to political organizations and political candidates and other persons upon request.
3. A political organization or political candidate shall not make or cause to be made an unsolicited political call to any person in this State whose name and telephone number appear on the most recent monthly no political call list made available by the division pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
4. A violation of any provision of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be an unlawful practice except that a political organization or political candidate shall not be liable under P.L. , c. (C. ) (pending before the Legislature as this bill) for a call made in violation of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) if the organization or candidate demonstrates that:
a. the organization or candidate established and implemented written procedures and trained its employees to follow those procedures to comply with section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill); and
b. the call was an isolated call, made no more than one time in a 12-month period and was made inadvertently.
5. The division, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations necessary to implement P.L. , c. (C. ) (pending before the Legislature as this bill).
6. This act shall take effect on the 90th day following the date of enactment.
STATEMENT
This bill requires the Division of Elections (hereinafter "the division"), in the Department of Law and Public Safety, to establish a no political call list containing the names and telephone numbers of persons in this State who do not wish to receive unsolicited political calls.
The bill prohibits political organizations and candidates from making unsolicited political calls to any person whose name and telephone number appear on the most recent monthly no political call list made available by the division.
A violation of any provision of the bill shall be an unlawful practice except that a political organization or candidate shall not be liable for making an unsolicited political call if appropriate training procedures were implemented, the call was made not more than once in a 12-month period, and was made inadvertently.