Bill Text: NJ S3079 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires petition circulators and candidates to take bona fide candidacy oath; makes violation third degree crime; reinstitutes prompt pre-election reporting for independent expenditure committees; affirms court jurisdiction of campaign finance laws.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2024-04-11 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S3079 Detail]
Download: New_Jersey-2024-S3079-Introduced.html
Sponsored by:
Senator ANTHONY M. BUCCO
District 25 (Morris and Passaic)
Senator VINCENT J. POLISTINA
District 2 (Atlantic)
SYNOPSIS
Requires petition circulators and candidates to take bona fide candidacy oath; makes violation third degree crime; reinstitutes prompt pre-election reporting for independent expenditure committees; affirms court jurisdiction of campaign finance laws.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the oaths and affirmations required to be made by petition circulators and candidates for public office and certain pre-election campaign contributions and expenditures reporting requirements, amending various parts of the statutory law, and supplementing chapter 34 of Title 19 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) No candidate or any person who circulates a petition shall falsely make oath to any certificate of nomination or petition, or any part thereof, in violation of the requirement to conduct a bona fide candidacy in good faith as indicated in the oath or affirmation. A person violating any of the provisions of this section shall be guilty of a crime of the third degree.
2. R.S.19:13-7 is amended to read as follows:
19:13-7. Before any petition shall be filed as hereinafter provided, the person who circulates the petition, or a candidate who signs or circulates, or both signs and circulates, such a petition, shall make oath by affidavit before a duly qualified officer that the petition is made in good faith, that the affiant personally circulated the petition and saw all the signatures made thereto and verily believes that the signers are duly qualified voters, and that the petition is made for a bona fide candidacy in good faith and that such candidacy does not seek to engage in a vote syphoning scheme to foil the candidacy or campaign of another candidate. The oath by affidavit required by this section shall be on paper, signed by the affiant, and attached upon the petition being filed. The person who circulates the petition shall not be required to be a registered voter, but shall be voter eligible, which means at least 18 years of age, a resident of this State, a citizen of the United States, and not otherwise disqualified under the New Jersey Constitution.
(cf: P.L.2014, c.83, s.1)
3. R.S.19:13-8 is amended to read as follows:
19:13-8. A candidate nominated for an office in a petition shall manifest his acceptance of such nomination by a written acceptance thereof, signed by his hand, upon or annexed to such petition, to which shall be annexed the oath of allegiance prescribed in section 41:1-1 of the Revised Statutes duly taken and subscribed by him before an officer authorized to take oaths in this State, or if the same person be named for the same office in more than one petition, annexed to one of such petitions. In addition, such acceptance shall include the following oath of bona fide candidacy, duly taken and subscribed by him before an officer authorized to take oaths in this State: "I, , do solemnly swear (or affirm) that I am conducting a bona fide candidacy in good faith and that I do not seek to engage in a vote syphoning scheme to foil the candidacy or campaign of another candidate." The oaths by affidavit required by this section shall be on paper, signed by the affiant, and attached upon the petition being filed. Such acceptance shall certify that the candidate is a resident of and a legal voter in the jurisdiction of the office for which the nomination is made. No candidate so named shall sign such acceptance if he has signed an acceptance for the primary nomination or any other petition of nomination under this chapter for such office. In addition, no candidate named in a petition for the office of member of the House of Representatives shall sign an acceptance if the candidate has signed an acceptance for the primary nomination or any other petition of nomination for the office of member of the House of Representatives in another congressional district in the same calendar year.
Each candidate filing an acceptance of nomination for election to the office of Governor or the office of member of the Senate or General Assembly shall annex to such petitions a statement signed by the candidate that he or she:
a. has not been convicted of any offense graded by Title 2C of the New Jersey Statutes as a crime of the first, second, third or fourth degree, or any offense in any other jurisdiction which, if committed in this State, would constitute such a crime; or
b. has been so convicted, in which case, the candidate shall disclose on the statement the crime for which convicted, the date and place of the conviction and the penalties imposed for the conviction. Such a candidate may, as an alternative, submit with the statement a copy of an official document that provides such information. If the candidate has been convicted of more than one criminal offense, such information about each conviction shall be provided. Records expunged pursuant to chapter 52 of Title 2C of the New Jersey Statutes shall not be subject to disclosure.
If the same person is nominated for the same office in more than one petition, the statement shall be annexed to one of such petitions.
(cf: P.L.2004, c.26, s.1)
4. R.S.19:13-9 is amended to read as follows:
19:13-9. All such petitions and acceptances thereof shall be filed with the officer or officers to whom they are addressed before 4:00 p.m. of the day of the holding of the primary election for the general election in this Title provided. All petitions when filed shall be open under proper regulations for public inspection.
Notwithstanding the above provision, all petitions and acceptances thereof nominating electors of candidates for President and Vice President of the United States, which candidates have not been nominated at a convention of a political party as defined by this Title, shall be filed with the Secretary of State before 4:00 p.m. of the 99th day preceding the general election in this Title provided. All petitions when filed shall be opened under proper regulations for public inspection.
The officer or officers to whom the petitions and acceptances are addressed, pursuant to R.S.19:13-3, shall examine each petition and acceptance to ascertain that all oaths and affirmation affidavits required to be made by petition circulators and candidates pursuant to R.S.19:13-7 and R.S.19:13-8 are submitted on paper and signed by the affiant or affiants along with the petitions and acceptances being filed. Failure to submit the required signed affidavits on paper shall render as defective the corresponding petition and acceptance.
The officer or officers shall transmit to the Election Law Enforcement Commission the names of all candidates, other than candidates for federal office, nominated by petition and any other information required by the commission in the form and manner prescribed by the commission and shall notify the commission immediately upon the withdrawal of a petition of nomination.
(cf: P.L.1998, c.147, s.2)
5. R.S.19:23-7 is amended to read as follows:
19:23-7. Each such petition shall set forth that the signers thereof are qualified voters of the State, congressional district, county, or county election district, municipality, ward or election district, as the case may be, in which they reside and for which they desire to nominate candidates; that they are members of a political party (naming the same), and that they intend to affiliate with that political party at the ensuing election; that they indorse the person or persons named in their petition as candidate or candidates for nomination for the office or offices therein named, and that they request that the name of the person or persons therein mentioned be printed upon the official primary ballots of their political party as the candidate or candidates for such nomination. The petition shall further state the residence and post-office address of each person so indorsed, and shall certify that the person or persons so indorsed is or are legally qualified under the laws of this State to be nominated, and is or are a member or members of the political party named in the petition. The petitions of a candidate for any State, county, or municipal elective public office shall also include a functioning e-mail address for the candidate.
Accompanying the petition, each person indorsed therein shall file a certificate, stating that he is qualified for the office mentioned in the petition, that he is a member of the political party named therein, that he consents to stand as a candidate for nomination at the ensuing primary election of such political party, and that, if nominated, he consents to accept the nomination, to which shall be annexed the oath of allegiance prescribed in R.S.41:1-1, duly taken and subscribed by him before an officer authorized to take oaths in this State. In addition, such acceptance shall include the following oath of bona fide candidacy, duly taken and subscribed by him before an officer authorized to take oaths in this State: "I, , do solemnly swear (or affirm) that I am conducting a bona fide candidacy in good faith and that I do not seek to engage in a vote syphoning scheme to foil the candidacy or campaign of another candidate." The oaths by affidavit required by this section shall be on paper, signed by the affiant, and attached upon the petition being filed.
Each petition shall be arranged to contain double spacing between the signature lines of the petition, so that each signer thereof is afforded sufficient space to provide his or her printed name, address and signature.
Any form of a petition of nomination, other than petitions for federal office, which is provided to candidates by the Secretary of State, the county clerk, or the municipal clerk shall contain the following notice: "Notice: All candidates are required by law to comply with the provisions of the 'New Jersey Campaign Contributions and Expenditures Reporting Act.' For further information, please call (insert phone number of the Election Law Enforcement Commission)."
(cf: P.L.2018, c.66, s.2)
6. R.S.19:23-11 is amended to read as follows:
19:23-11. Such petitions shall be verified by the oath or affirmation by affidavit of the person who circulates each petition, including a candidate who signs or circulates, or both signs and circulates, such a petition, taken and subscribed before a person qualified under the laws of New Jersey to administer an oath, to the effect that the affiant personally circulated the petition; that the petition is signed by each of the signers thereof in his proper handwriting; that the signers are to the best knowledge and belief of the affiant legal voters of the State or political subdivision thereof, as the case may be, as stated in the petition, belong to the political party named in the petition; [and] that the petition is prepared and filed in absolute good faith for the sole purpose of indorsing the person or persons therein named, in order to secure his or their nomination or selection as stated in such petition; and that the petition is made for a bona fide candidacy in good faith and that such candidacy does not seek to engage in a vote syphoning scheme to foil the candidacy or campaign of another candidate. The oath or affirmation by affidavit required by this section shall be on paper, signed by the affiant, and attached upon the petition being filed. The person who circulates the petition shall be a registered voter in this State whose party affiliation is of the same political party named in the petition.
(cf: P.L.2014, c.83, s.2)
7. R.S.19:23-14 is amended to read as follows:
19:23-14. Petitions addressed to the Secretary of State, the county clerks, or the municipal clerks shall be filed with such officers, respectively, before 4:00 p.m. of the 71st day next preceding the day of the holding of the primary election for the general election.
The officer or officers to whom the petitions and acceptances are addressed, pursuant to this section and R.S.19:23-6, shall examine each petition and acceptance to ascertain that all oaths and affirmation affidavits required to be made by petition circulators and candidates pursuant to R.S.19:23-7, R.S.19:23-11, R.S.19:23-15, and R.S.19:23-16 are submitted on paper and signed by the affiant or affiants along with the petitions and acceptances being filed. Failure to submit the required signed affidavits on paper shall render as defective the corresponding petition and acceptance.
Not later than noon of the 61st day preceding the primary election for the general election, the municipal clerk shall certify to the county clerk the full and correct names and addresses of all candidates for nomination for public and party office and the name of the political party of which such persons are candidates together with their slogan and designation. The county clerk shall transmit this information to the Election Law Enforcement Commission in the form and manner prescribed by the commission and shall notify the commission immediately upon the withdrawal of a petition of nomination.
(cf: P.L.2022, c.70, s.2)
8. R.S.19:23-15 is amended to read as follows:
19:23-15. Accompanying the petition and attached thereto each person indorsed therein shall file a certificate, stating that he is qualified for the office mentioned in the petition; that he consents to stand as a candidate for nomination at the ensuing primary election, and that if nominated, he agrees to accept the nomination. Such acceptance shall certify that the candidate is a resident of and a legal voter in the jurisdiction of the office for which the nomination is to be made and there shall be annexed thereto the oath of allegiance prescribed in section 41:1-1 of the Revised Statutes duly taken and subscribed by the person so nominated before an officer authorized to take oaths in this State. In addition, such acceptance shall include the following oath of bona fide candidacy, duly taken and subscribed by him before an officer authorized to take oaths in this State: "I, , do solemnly swear (or affirm) that I am conducting a bona fide candidacy in good faith and that I do not seek to engage in a vote syphoning scheme to foil the candidacy or campaign of another candidate." The oaths by affidavit required by this section shall be on paper, signed by the affiant, and attached upon the petition being filed.
No candidate who has accepted the nomination by a direct petition of nomination for the general election shall sign an acceptance to a petition of nomination for such office for the primary election. In addition, no candidate named in a petition for the office of member of the House of Representatives shall sign an acceptance if the candidate has signed an acceptance for the primary nomination or any other petition of nomination for the office of member of the House of Representatives in another congressional district in the same calendar year.
Each person indorsed as a candidate for nomination for election to the office of Governor or the office of member of the Senate or General Assembly shall annex to such petitions a statement signed by the candidate that he or she:
a. has not been convicted of any offense graded by Title 2C of the New Jersey Statutes as a crime of the first, second, third or fourth degree, or any offense in any other jurisdiction which, if committed in this State, would constitute such a crime; or
b. has been so convicted, in which case, the candidate shall disclose on the statement the crime for which convicted, the date and place of the conviction and the penalties imposed for the conviction. Such a candidate may, as an alternative, submit with the statement a copy of an official document that provides such information. If the candidate has been convicted of more than one criminal offense, such information about each conviction shall be provided. Records expunged pursuant to chapter 52 of Title 2C of the New Jersey Statutes shall not be subject to disclosure.
If the same person is nominated for the same office in more than one petition, the statement shall be annexed to one of such petitions.
(cf: P.L.2004, c.26, s.4)
9. R.S.19:23-16 is amended to read as follows:
19:23-16. Any person nominated at the primary by having the person's name written or pasted upon the primary ballot shall file a certificate stating that the person is qualified for the office for which the person has been nominated, that the person is a resident of and a legal voter in the jurisdiction of the office for which the nomination is made and that the person consents to stand as a candidate at the ensuing general election to which shall be annexed the oath of allegiance prescribed in section 41:1-1 of the Revised Statutes duly taken and subscribed by the person so nominated before an officer authorized to take oaths in this State. In addition, such acceptance shall include the following oath of bona fide candidacy, duly taken and subscribed by him before an officer authorized to take oaths in this State: "I, , do solemnly swear (or affirm) that I am conducting a bona fide candidacy in good faith and that I do not seek to engage in a vote syphoning scheme to foil the candidacy or campaign of another candidate." The oaths by affidavit required by this section shall be on paper, signed by the affiant, and attached upon the petition being filed.
In addition, a person so nominated for the office of Governor or the office of member of the Senate or General Assembly shall annex to the certificate a statement signed by the candidate that the person:
a. has not been convicted of any offense graded by Title 2C of the New Jersey Statutes as a crime of the first, second, third or fourth degree, or any offense in any other jurisdiction which, if committed in this State, would constitute such a crime; or
b. has been so convicted, in which case, the candidate shall disclose on the statement the crime for which convicted, the date and place of the conviction and the penalties imposed for the conviction. Such a candidate may, as an alternative, submit with the statement a copy of an official document that provides such information. If the candidate has been convicted of more than one criminal offense, such information about each conviction shall be provided. Records expunged pursuant to chapter 52 of Title 2C of the New Jersey Statutes shall not be subject to disclosure.
Written acceptance of such nomination shall be filed by each candidate so nominated on or before the seventh day following the date of the certification of the results of the primary with the county clerk in the case of county and municipal offices and with the Secretary of State for all other offices.
Each county clerk shall post on the county's website the official results of the primary election within 24 hours after the certification of the election results.
(cf: P.L.2022, c.15, s.1)
10. R.S.19:29-1 is amended to read as follows:
19:29-1. The nomination or election of any person to any public office or party position, or the approval or disapproval of any public proposition, may be contested by the voters of this State or of any of its political subdivisions affected thereby upon 1 or more of the following grounds:
a. Malconduct, fraud or corruption on the part of the members of any district board, or of any members of the board of county canvassers, sufficient to challenge the result;
b. When the incumbent was not eligible to the office at the time of the election;
c. When the incumbent had been duly convicted before such election of any crime which would render him incompetent to exercise the right of suffrage, and the incumbent had not been pardoned at the time of the election;
d. When the incumbent had given or offered to any elector or any member of any district board, clerk or canvasser, any bribe or reward, in money, property or thing of value for the purpose of procuring his election;
e. When illegal votes have been received, or legal votes rejected at the polls sufficient to change the result;
f. For any error by any board of canvassers in counting the votes or declaring the result of the election, if such error would change the result;
g. For any other cause which shows that another was the person legally elected;
h. The paying, promise to pay or expenditure of any money or other thing of value or incurring of any liability in excess of the amount permitted by this title for any purpose or in any manner not authorized by this title;
i. When a petition for nomination is not filed in good faith or the affidavit annexed thereto is false or defective;
j. When a petition for nomination is filed in violation of the bona fide candidacy oath prescribed pursuant to P.L. , c. (pending before the Legislature as this bill) or the affidavit annexed thereto is false or defective.
The term "incumbent" means the person whom the canvassers declare elected or the person who is declared elected as a result of a recount; but in the case of a tie vote as a result of the canvass or recount, either party may contest the election, in which case the term "incumbent" means the person having an equal number of votes with the contestant.
(cf: P.L.1956, c.128, s.1)
11. Section 8 of P.L.1973, c.83 (C.19:44A-8) is amended to read as follows:
8. a. (1) Each political committee shall make a full cumulative report, upon a form prescribed by the Election Law Enforcement Commission, of all contributions in excess of $200 in the form of moneys, loans, paid personal services, or other things of value made to it and all expenditures made, incurred, or authorized by it in furtherance of the nomination, election, or defeat of any candidate, or in aid of the passage or defeat of any public question, or to provide political information on any candidate or public question, during the period ending 48 hours preceding the date of the report and beginning on the date on which the first of those contributions was received or the first of those expenditures was made, whichever occurred first. The cumulative report, except as hereinafter provided, shall contain the name and mailing address of each person or group from whom moneys, loans, paid personal services or other things of value in excess of $200 have been contributed since 48 hours preceding the date on which the previous such report was made and the amount contributed by each person or group, and where the contributor is an individual, the report shall indicate the occupation of the individual and the name and mailing address of the individual's employer. In the case of any loan reported pursuant to this subsection, the report shall contain the name and mailing address of each person who has cosigned such loan since 48 hours preceding the date on which the previous such report was made, and where an individual has cosigned such loans, the report shall indicate the occupation of the individual and the name and mailing address of the individual's employer. The cumulative report shall also contain the name and address of each person, firm or organization to whom expenditures have been paid since 48 hours preceding the date on which the previous such report was made and the amount and purpose of each such expenditure. The cumulative report shall be filed with the Election Law Enforcement Commission on the dates designated in section 16 hereof.
The campaign treasurer of the political committee reporting shall certify to the correctness of each report.
Each campaign treasurer of a political committee shall file written notice with the commission of a contribution in excess of $200 received during the period between the 13th day prior to the election and the date of the election, and of an expenditure of money or other thing of value in excess of $200 made, incurred or authorized by the political committee to support or defeat a candidate in an election, or to aid the passage or defeat of any public question, during the period between the 13th day prior to the election and the date of the election. The notice of a contribution shall be filed in writing or by electronic transmission within 72 hours of the receipt of the contribution when the contribution is received between the 13th day and the eighth day prior to the election, or within 24 hours of the receipt of the contribution when the contribution is received between the seventh day prior to the election and the date of the election. The notice shall set forth the amount and date of the contribution, the name and mailing address of the contributor, and where the contributor is an individual, the individual's occupation and the name and mailing address of the individual's employer. The notice of an expenditure shall be filed in writing or by electronic transmission within 72 hours of the making, incurring or authorization of the expenditure when the expenditure is made, incurred, or authorized between the 13th day and the eighth day prior to the election, or within 24 hours when the expenditure is made, incurred, or authorized between the seventh day prior to the election and the date of the election. The notice shall set forth the name and mailing address of the person, firm or organization to whom or which the expenditure was paid and the amount and purpose of the expenditure.
(2) When a political committee or an individual seeking party office makes or authorizes an expenditure on behalf of a candidate, it shall provide immediate written notification to the candidate of the expenditure.
b. (1) A 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 $2,500.00 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 expects to make contributions toward such aid or promotion, or toward such passage or defeat, during a subsequent election shall certify that fact to the commission, and the commission, upon receiving that certification and on the basis of any information as it may require of the group, corporation, partnership, association or other organization, shall determine whether the group, corporation, partnership, association or other organization is a continuing political committee for the purposes of this act. If the commission determines that the group, corporation, partnership, association or other organization is a continuing political committee, it shall so notify that continuing political committee.
No person serving as the chairman of a political party committee or a legislative leadership committee shall be eligible to be appointed or to serve as the chairman of a continuing political committee.
(2) A continuing political committee shall file with the Election Law Enforcement Commission, not later than April 15, July 15, October 15 and January 15 of each calendar year, a cumulative quarterly report of all moneys, loans, paid personal services or other things of value in excess of $200 contributed to it during the period ending on the 15th day preceding that date and commencing on January 1 of that calendar year or, in the case of the cumulative quarterly report to be filed not later than January 15, of the previous calendar year, and all expenditures made, incurred, or authorized by it during the period, whether or not such expenditures were made, incurred or authorized in furtherance of the election or defeat of any candidate, or in aid of the passage or defeat of any public question or to provide information on any candidate or public question.
The cumulative quarterly report shall contain the name and mailing address of each person or group from whom moneys, loans, paid personal services or other things of value in excess of $200 have been contributed and the amount contributed by each person or group, and where an individual has made such contributions, the report shall indicate the occupation of the individual and the name and mailing address of the individual's employer. In the case of any loan reported pursuant to this subsection, the report shall contain the name and address of each person who cosigns such loan, and where an individual has cosigned such loans, the report shall indicate the occupation of the individual and the name and mailing address of the individual's employer. The report shall also contain the name and address of each person, firm or organization to whom expenditures have been paid and the amount and purpose of each such expenditure. The treasurer of the continuing political committee reporting shall certify to the correctness of each cumulative quarterly report.
Each continuing political committee shall provide immediate written notification to each candidate of all expenditures made or authorized on behalf of the candidate.
If any continuing political committee submitting cumulative quarterly reports as provided under this subsection receives a contribution from a single source of more than $200 after the final day of a quarterly reporting period and on or before a primary, general, municipal, school or special election which occurs after that final day but prior to the final day of the next reporting period it shall, in writing or by electronic transmission, report that contribution to the commission within 72 hours of the receipt thereof if that contribution is received between the 15th day prior to that election and the day of the election, except that a contribution received between the seventh day prior to the election and the date of the election shall be reported within 24 hours of the receipt thereof, including in that report the amount and date of the contribution; the name and mailing address of the contributor; and where the contributor is an individual, the individual's occupation and the name and mailing address of the individual's employer. If any continuing political committee makes or authorizes an expenditure of money or other thing of value in excess of $200, or incurs any obligation therefor, to support or defeat a candidate in an election, or to aid the passage or defeat of any public question, between the 15th day prior to the day of the primary election and the day of the primary election, or between the 15th day prior to the day of the general election and the day of the general election, it shall, in writing or by electronic transmission, report that expenditure to the commission within 72 hours of the making, authorizing or incurring thereof, except that an expenditure made, authorized, or incurred between the seventh day prior to the election and the date of the election shall be reported within 24 hours of the making, authorizing, or incurring thereof.
A continuing political committee which ceases making contributions toward the aiding or promoting of the candidacy of an individual, or of the candidacies of individuals, for elective public office in this State or the passage or defeat of a public question or public questions in this State shall certify that fact in writing to the commission, and that certification shall be accompanied by a final accounting of any fund relating to such aiding or promoting including the final disposition of any balance in such fund at the time of dissolution. Until that certification has been filed, the committee shall continue to file the quarterly reports as provided under this subsection.
c. Each political party committee and each legislative leadership committee shall file with the Election Law Enforcement Commission, not later than April 15, July 15, October 15 and January 15 of each calendar year, a cumulative quarterly report of all moneys, loans, paid personal services or other things of value in excess of $200 contributed to it during the period ending on the 15th day preceding that date and commencing on January 1 of that calendar year or, in the case of the cumulative quarterly report to be filed not later than January 15, of the previous calendar year, and all expenditures made, incurred, or authorized by it during the period, whether or not such expenditures were made, incurred or authorized in furtherance of the election or defeat of any candidate, or in aid of the passage or defeat of any public question or to provide information on any candidate or public question.
The cumulative quarterly report shall contain the name and mailing address of each person or group from whom moneys, loans, paid personal services or other things of value in excess of $200 have been contributed and the amount contributed by each person or group, and where an individual has made such contributions, the report shall indicate the occupation of the individual and the name and mailing address of the individual's employer. In the case of any loan reported pursuant to this subsection, the report shall contain the name and address of each person who cosigns such loan, and where an individual has cosigned such loans, the report shall indicate the occupation of the individual and the name and mailing address of the individual's employer. The report shall also contain the name and address of each person, firm or organization to whom expenditures have been paid and the amount and purpose of each such expenditure. The treasurer of the political party committee or legislative leadership committee reporting shall certify to the correctness of each cumulative quarterly report.
d. (1) Each independent expenditure committee making an electioneering communication pertaining to a primary election shall file with the Election Law Enforcement Commission a cumulative report on the 11th day preceding the primary election, and after the primary election file a report on the 20th day following the election, upon a form prescribed by the Election Law Enforcement Commission, of all contributions received in excess of $7,500 in the form of moneys, loans, paid personal services, or other things of value made to it for the purpose of furthering the independent expenditure, and of all independent expenditures made, incurred, or authorized by it beginning on the first day of the preceding calendar year and ending on the reporting date. Each independent expenditure committee making an electioneering communication pertaining to a municipal, runoff, school board, special, or general election shall file with the Election Law Enforcement Commission a cumulative report on the 29th day preceding the election, a report on the 11th day preceding the election, and after the election file a report on the 20th day following the election, upon a form prescribed by the Election Law Enforcement Commission, of all contributions received in excess of $7,500 in the form of moneys, loans, paid personal services, or other things of value made to it for the purpose of furthering the independent expenditure, and of all independent expenditures made, incurred, or authorized by it beginning on the first day of the preceding calendar year and ending on the reporting date. The report, except as hereinafter provided, shall contain the name and mailing address of each person or group from whom moneys, loans, paid personal services or other things of value have been contributed since 48 hours preceding the date on which such previous report was made and the amount contributed by each person or group in excess of $7,500, and when the contributor is an individual, the report shall indicate the occupation of the individual and the name and mailing address of the individual's employer. In the case of any loan reported pursuant to this subsection, the report shall contain the name and mailing address of each person who has cosigned such loan since 48 hours preceding the date on which the previous such report was made, and when an individual has cosigned such loans, the report shall indicate the occupation of the individual and the name and mailing address of the individual's employer. The report shall also contain the name and address of each person, firm, or organization to whom expenditures have been paid since 48 hours preceding the date on which the previous such report was made and the amount and purpose of each such expenditure.
(2) When an independent expenditure committee receives a contribution from a single source of more than $7,500 after the final day of a cumulative reporting period and on or before a primary, municipal, runoff, school board, special, or general election which occurs after that final day but prior to the final day of the next reporting period it shall, in writing or by electronic transmission, report that contribution to the commission within 72 hours of the receipt thereof if that contribution is received between the 15th day prior to that election and the day of the election, except that a contribution received between the seventh day prior to the election and the date of the election shall be reported within 24 hours of the receipt thereof, including in that report the amount and date of the contribution; the name and mailing address of the contributor; and where the contributor is an individual, the individual's occupation and the name and mailing address of the individual's employer. When an independent expenditure committee makes or authorizes any independent expenditure, or incurs any obligation therefor, between the 15th day prior to the day of a primary, municipal, runoff, school board, special, or general election and the day of that election, it shall, in writing or by electronic transmission, report that independent expenditure to the commission within 72 hours of the making, authorizing or incurring thereof, except that an independent expenditure made, authorized, or incurred between the seventh day prior to the election and the date of the election shall be reported within 24 hours of the making, authorizing, or incurring thereof.
(3) The treasurer of the reporting independent expenditure committee shall certify the correctness of each report and shall maintain all records of contributions and expenditures for a period of not less than four years.
The $7,500 contribution amount shall remain as stated in this subsection without further adjustment by the commission pursuant to section 22 of P.L.1993, c.65 (C.19:44A-7.2).
e. When a political party committee or legislative leadership committee receives a contribution from a single source of more than $200 after the final day of a quarterly reporting period and on or before a primary, general, municipal, school, or special election which occurs after that final day but prior to the final day of the next reporting period it shall, in writing or by electronic transmission, report that contribution to the commission within 72 hours of the receipt thereof if that contribution is received between the 15th day prior to that election and the day of the election, except that a contribution received between the seventh day prior to the election and the date of the election shall be reported within 24 hours of the receipt thereof, including in that report the amount and date of the contribution; the name and mailing address of the contributor; and where the contributor is an individual, the individual's occupation and the name and mailing address of the individual's employer. When a political party committee or legislative leadership committee makes or authorizes an expenditure of money or other thing of value in excess of $800, or incurs any obligation therefor, to support or defeat a candidate in an election, or to aid the passage or defeat of any public question, between the 15th day prior to the day of the primary election and the day of the primary election, or between the 15th day prior to the day of the general election and the day of the general election, it shall, in writing or by electronic transmission, report that expenditure to the commission within 72 hours of the making, authorizing or incurring thereof, except that an expenditure made, authorized, or incurred between the seventh day prior to the election and the date of the election shall be reported within 24 hours of the making, authorizing, or incurring thereof.
f. In any report filed pursuant to the provisions of this section the organization or committee reporting may exclude from the report the name of and other information relating to any contributor whose contributions during the period covered by the report did not exceed $200, provided, however, that (1) such exclusion is unlawful if any person responsible for the preparation or filing of the report knew that it was made with respect to any person whose contributions relating to the same election or issue and made to the reporting organization or committee aggregate, in combination with the contribution in respect of which such exclusion is made, more than $200 and (2) any person who knowingly prepares, assists in preparing, files or acquiesces in the filing of any report from which the identification of a contributor has been excluded contrary to the provisions of this section is subject to the provisions of section 21 of P.L.1973, c.83 (C.19:44A-21), but (3) nothing in this proviso shall be construed as requiring any committee or organization reporting pursuant to this act to report the amounts, dates or other circumstantial data regarding contributions made to any other organization or political committee, political party committee or campaign organization of a candidate.
g. Any report filed pursuant to the provisions of this section shall include an itemized accounting of all receipts and expenditures relative to any testimonial affairs held since the date of the most recent report filed, which accounting shall include the name and mailing address of each contributor in excess of $200 to such testimonial affair and the amount contributed by each; in the case of an individual contributor, the occupation of the individual and the name and mailing address of the individual's employer; the expenses incurred; and the disposition of the proceeds of such testimonial affair.
The $200 limit established in this subsection shall remain as stated in this subsection without further adjustment by the commission in the manner prescribed by section 22 of P.L.1993, c.65 (C.19:44A-7.2).
(cf: P.L.2023, c.30, s.4)
12. Section 21 of P.L.1993, c.65 (C.19:44A-8.1) is amended to read as follows:
21. a. Each political committee, as defined in subsection i. of section 3 of P.L.1973, c.83 (C.19:44A-3), which aids or promotes the nomination for election or the election of a candidate or the passage or defeat of a public question, each independent expenditure committee, as defined in subsection t. of section 3 of P.L.1973, c.83 (C.19:44A-3), each continuing political committee as defined in subsection n. of section 3 of P.L.1973, c.83, and each legislative leadership committee as defined in subsection s. of section 3 of P.L.1973, c.83, shall submit to the commission a statement of registration which includes:
(1) the complete name or identifying title of the committee and the general category of entity or entities, including but not limited to business organizations, labor organizations, professional or trade associations, candidate for or holder of public office, political party, ideological grouping or civic association, the interests of which are shared by the leadership, members, or financial supporters of the committee;
(2) the mailing address of the committee and the name and resident address of a resident of this State who shall have been designated by the committee as its agent to accept service of process; and
(3) a descriptive statement prepared by the organizers or officers of the committee that identifies (a) the names and mailing addresses of the persons having control over the affairs of the committee, including but not limited to persons in whose name or at whose direction or suggestion the committee solicits funds, and persons participating in any decision to make a contribution of such funds to any candidate, political committee or continuing political committee and, in the case of an independent expenditure committee, any decision to make an independent expenditure; (b) the name and mailing address of any person not included among the persons identified under subparagraph (a) of this paragraph who, directly or through an agent, participated in the initial organization of the committee; (c) in the case of any person identified under subparagraph (a) or subparagraph (b) who is an individual, the occupation of that individual, the individual's home address, and the name and mailing address of the individual's employer, or, in the case of any such person which is a corporation, partnership, unincorporated association, or other organization, the name and mailing address of the organization; and (d) any other information which the Election Law Enforcement Commission may, under such regulations as it shall adopt pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), require as being material to the fullest possible disclosure of the economic, political and other particular interests and objectives which the committee has been organized to or does advance. The commission shall be informed, in writing, of any change in the information required by this paragraph within three days of the occurrence of the change. Legislative leadership committees shall be exempt from the requirements of subparagraphs (a), (b) and (c) of this paragraph.
b. After submission of a statement of registration to the commission pursuant to this section, the committee shall use the complete name or identifying title on all documents submitted to the commission, in all solicitations for contributions, in all paid media advertisements purchased or paid for by the committee in support of or in opposition to any candidate or public question, and in all contributions made by the committee to candidates or other committees and, in the case of an independent expenditure committee, any decision to make an independent expenditure.
c. Each report of contributions under section 8 of P.L.1973, c.83 (C.19:44A-8) by a political committee, continuing political committee, independent expenditure committee, or legislative leadership committee required under subsection a. of this section to submit a statement of registration shall include, in the case of each contributor who is an individual, the home address of the individual if different from the individual's mailing address, or, in the case of any contributor which is an organization, any information, in addition to that otherwise required, which the Election Law Enforcement Commission may, under such regulations as it shall adopt pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), require as being material to the fullest possible disclosure of the economic, political and other particular interests and objectives which the contributing organization has been organized to or does advance.
d. Any political committee, continuing political committee, independent expenditure committee, or legislative leadership committee may at any time apply to the commission for approval of an abbreviation or acronym of its complete, official name or title for its exclusive use on documents which it shall submit to the commission. Upon verification that the abbreviation or acronym has not been approved for such use by any other political committee, continuing political committee, independent expenditure committee, or legislative leadership committee, the commission shall approve the abbreviation or acronym for such use by the applicant committee, and the committee, and any individual, corporation, partnership, membership organization or incorporated or unincorporated association which, under the provisions of P.L.1973, c.83 (C.19:44A-1 et al.), submits any documents to the commission containing a reference to that committee, shall thereafter use that approved abbreviation or acronym in documents submitted to the commission. The commission shall, during its regular office hours, maintain for public inspection in its offices a current alphabetically arranged list of all such approved abbreviations and acronyms, indicating for each the name of the committee for which it stands, and shall make copies of the list available upon request.
e. No foreign national, government, instrumentality, or agent may register as an independent expenditure committee for the purpose of making independent expenditures in any State or local election.
f. Notwithstanding the provisions of any law, rule, or regulation to the contrary, each independent expenditure committee, as defined in subsection t. of section 3 of P.L.1973, c.83 (C.19:44A-3), shall file the statement of registration required under this section immediately upon incurring any obligation in excess of $7,500, in the aggregate per election.
(cf: P.L.2023, c.30, s.29)
13. (New section) Notwithstanding any provision of P.L.1973, c.83 (C.19:44A-1 et seq.), or any other law, rule, or regulation to the contrary, any candidate or committee shall have the authority to initiate a civil action in the Superior Court for the purpose of enforcing compliance with the provisions of P.L.1973, c.83 (C.19:44A-1 et seq.) or enjoining violations thereof or enforcing any penalty prescribed by law, and the Superior Court shall have jurisdiction to adjudicate any such claims arising therefrom.
14. This act shall take effect immediately.
STATEMENT
This bill requires persons who gather voter signatures on a petition to nominate a candidate for election, and the candidates named on the petitions themselves, to take an oath that they are conducting a real "bona fide" candidacy. This means that they are conducting the candidacy in good faith and do not seek to engage in a vote syphoning scheme to foil the candidacy or campaign of another candidate. The intent of this bill is to prevent the candidacy of "phantom candidates," whereby a candidate enters a race to syphon votes away from another candidate to foil that candidate's chances at winning the election.
This bill makes it a third degree crime to violate the "bona fide" candidacy oath. A crime of the third degree is punishable by imprisonment for three to five years, a fine up to $15,000, or both. This penalty would be in addition to the penalties for false swearing already established under current law. The bill also provides that filing a petition in violation of the bona fide candidacy oath would be grounds for contesting the nomination or election of that candidate.
This bill also re-instates the requirement for independent expenditure committees, the so-called "dark money" groups, to promptly report campaign contributions and expenditures in the 15 days before an election.
Oath for Petition Circulators and Candidates
Under current law, general election petition circulators, or a candidate who signs or circulates, or both signs and circulates, such a petition, must take an oath by affidavit before a duly qualified officer that the petition is made in good faith, that the affiant personally circulated the petition and saw all the signatures made and believes that the signers are duly qualified voters. Similarly, under current law, primary election petition circulators, or a candidate who signs or circulates, or both signs and circulates, such a petition, must take an oath by affidavit that the affiant personally circulated the petition; that the petition is signed by each of the signers in their proper handwriting; that the signers are to the best knowledge and belief of the affiant legal voters of the State or political subdivision, as the case may be, as stated in the petition, and belong to the political party named in the petition; and that the petition is prepared and filed in absolute good faith for the sole purpose of indorsing the person or persons therein named, in order to secure his or their nomination or selection as stated in such petition. This bill adds to the petition circulator oath a requirement for an additional affirmation that the petition is made for a bona fide candidacy in good faith and that such candidacy does not seek to engage in a vote syphoning scheme to foil the candidacy or campaign of another candidate.
Under current law, candidates nominated to the general election through direct nomination by petition, and candidates nominated through the primary election process and via write-in votes at the primary election, are required to take the oath of allegiance and submit it with their acceptance of the nomination. This bill would, in addition, require such acceptance to include the following oath of bona fide candidacy, duly taken and subscribed by the candidate before an officer authorized to take oaths in this State: "I, , do solemnly swear (or affirm) that I am conducting a bona fide candidacy in good faith and that I do not seek to engage in a vote syphoning scheme to foil the candidacy or campaign of another candidate."
Oaths to be on Paper and Attached to Petitions
For both the petition circulators and the candidates, the bill requires all of the required oaths by affidavit to be on paper, signed by the affiant, and attached upon the petition or acceptance being filed.
The bill requires the officer or officers to whom the petitions and acceptances are addressed to examine each petition and acceptance to ascertain that all oaths and affirmation affidavits required to be made by petition circulators and candidates are submitted on paper and signed by the affiant or affiants along with the petitions and acceptances being filed. Under current law, the Secretary of State is the officer who receives such petitions and acceptances for Statewide, congressional, and State legislative candidacies, while the county and municipal clerks are the officer or officers who receive such petitions and acceptances for county and local candidacies.
Under the bill, the failure to submit the required signed affidavits on paper will render as defective the corresponding petition and acceptance.
Penalties for Violation of "Bona Fide" Candidacy Oath
The bill creates a new provision in the election crimes statutes to specifically prohibit any candidate or any person who circulates a petition from falsely making oath to any certificate of nomination or petition, or any part of it, in violation of the requirement to conduct a bona fide candidacy in good faith as indicated in the oath or affirmation. Under the bill, a person violating any of these provisions would be guilty of a crime of the third degree. Current prohibitions against perjury or false swearing or affirming would also apply, including those provided under R.S.41:3-1 and R.S.19:34-26.
Grounds for Contesting Nomination or Election
The bill also provides that the filing of a petition in violation of the bona fide candidacy oath would be grounds for contesting the nomination or election of a candidate. This provision is added to the list of grounds for contesting the nomination or election of candidates.
Prompt Reporting by Independent Expenditure Committees
This bill re-instates the requirement for independent expenditure committees, the so-called "dark money" groups, to promptly report campaign contributions and expenditures in the days before an election.
Under current law, independent expenditure committees are required to file with the Election Law Enforcement Commission (ELEC) a cumulative report on the 11th day preceding the primary election, and on the 20th day following the primary election, of all contributions received in excess of $7,500 in the form of moneys, loans, paid personal services, or other things of value made to it for the purpose of furthering the independent expenditure. They are also required to report all independent expenditures made, incurred, or authorized by it. In addition, each independent expenditure committee making an electioneering communication pertaining to a municipal, runoff, school board, special, or general election is required to file with ELEC a cumulative report on the 29th day preceding the election, a report on the 11th day preceding the election, and on the 20th day following the election, of all contributions received in excess of $7,500 in the form of moneys, loans, paid personal services, or other things of value made to it for the purpose of furthering the independent expenditure, and of all independent expenditures made, incurred, or authorized by it. The reporting period begins on the first day of the preceding calendar year and ends on the reporting date. However, independent expenditure committees are not currently required to report contributions received and expenditures made in the period between the filing of the 11th-day pre-election report and the day of the election, thereby creating a transparency loophole.
Under this bill, when an independent expenditure committee receives a contribution from a single source of more than $7,500 after the final day of a cumulative reporting period and on or before a primary, municipal, runoff, school board, special, or general election which occurs after that final day but prior to the final day of the next reporting period it will be required, in writing or by electronic transmission, to report that contribution to ELEC within 72 hours of receiving it, if that contribution is received between the 15th day prior to that election and the day of the election. However, a contribution received between the seventh day prior to that election and the day of the election would be required to be reported within 24 hours of receiving it. The bill requires the committee to report the amount and date of the contribution; the name and mailing address of the contributor; and where the contributor is an individual, the individual's occupation and the name and mailing address of the individual's employer.
In addition, when an independent expenditure committee makes or authorizes any independent expenditure, or incurs any obligation therefor, between the 15th day prior to the day of a primary, municipal, runoff, school board, special, or general election and the day of that election, it will be required to report, in writing or by electronic transmission, that independent expenditure to the commission within 72 hours of making, authorizing, or incurring it. However, an independent expenditure made, authorized, or incurred between the seventh day prior to the election and the day of the election would be required to be reported within 24 hours of making, authorizing, or incurring it.
Furthermore, this bill requires each independent expenditure committee to file its statement of registration with ELEC immediately upon incurring any obligation in excess of $7,500, in the aggregate per election.
Superior Court Jurisdiction
Finally, this bill affirms that the Superior Court has the authority to adjudicate campaign finance laws. The bill provides that any candidate or committee has the authority to initiate a civil action in the Superior Court for the purpose of enforcing compliance with the campaign finance laws, or enjoining violations thereof or enforcing any penalty prescribed by law, and that the Superior Court has jurisdiction to adjudicate any such claims.
