New Jersey-2010-S3183-Introduced

An Act prohibiting certain political activity by members and employees of local boards of education and supplementing Title 18A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. No member or employee of a local board of education, while present on property owned by, or under the control of, the board, or while present in an official capacity at any other location, shall:

deliver to any person a mail-in ballot or an application for a mail-in ballot;

directly or indirectly solicit or accept any contribution, as defined in section 3 of P.L.1973, c.83 (C.19:44A-3);

send any e-mail, text message, or any other type of electronic communication concerning political activity;

engage in any political activity whatsoever, including, but not limited to, the distribution of campaign materials of any kind;

participate in any way in any campaign for elective public office;

display campaign material or signs on the member or employee's person or vehicle, except that this prohibition shall not apply to bumper stickers on a vehicle;

distribute, sell or purchase tickets to, or attend, any event sponsored by, or for the benefit of, any candidate for elective public office or political party office, or any political party, organization, or club; or

use the member or employee's official position to influence the political action of another person.

b. No member or employee of a local board of education shall use board property, including, but not limited to, stationery, stamps, postage meters or similar items, telephones, fax machines, photocopiers, or computers, to send, receive, copy or disseminate campaign materials or any other material of a political nature.

c. Any person who willfully violates any provision of this section is a disorderly person and for each such violation shall be subject to a fine not to exceed $1,000 or imprisonment not to exceed 6 months, or both.

2. This act shall take effect immediately.

STATEMENT

This bill would prohibit a member or employee of a local board of education, while present on property owned by, or under the control of, the board, or while present in an official capacity at any other location, from:

delivering to any person a mail-in ballot or an application for a mail-in ballot;

directly or indirectly soliciting or accepting any contributions to the campaign of candidates for elective public office or to political committees, continuing political committees, political party committees, or legislative leadership committees;

sending any e-mail, text message, or any other type of electronic communication concerning political activity;

engaging in any political activity whatsoever, including, but not limited to, the distribution of campaign materials of any kind;

participating in any way in any campaign for elective public office;

displaying campaign material or signs on the member or employee's person or vehicle, other than bumper stickers on a vehicle;

distributing, selling, or purchasing tickets to, or attending, any event sponsored by, or for the benefit of, any candidate for elective public office; or

using the member or employee's official position to influence the political action of another person.

In addition, the bill prohibits a board member or employee from using board property, including, but not limited to, stationery, stamps, postage meters or similar items, telephones, fax machines, photocopiers, or computers, to send, receive, copy or disseminate campaign materials or any other material of a political nature.

Any person who willfully violates any of the bill's provisions is a disorderly person and for each such violation will be subject to a fine not to exceed $1,000 or imprisonment not to exceed 6 months, or both.

Certain of the bill's provisions are similar to provisions of the federal Hatch Act which prohibits certain political activity by federal employees and by State and local employees whose positions are federally funded.