Sponsored by:
Assemblyman LOUIS D. GREENWALD
District 6 (Burlington and Camden)
SYNOPSIS
Establishes Elections Transparency Act; requires independent expenditure committees report campaign contributions exceeding $1000; increases contribution limits; changes reporting and other requirements; concerns certain business entity contributions and certain local provisions.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing The Elections Transparency Act, concerning campaign contribution limits and reporting requirements, amending various parts of the statutory law, supplementing P.L.1973, c.83 (19:44A-1 et seq.), and repealing section 1 of P.L.2005, c.271.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 22 of P.L.1993, c.65 (C.19:44A-7.2) is amended to read as follows:
22. a. Not later than December 1 of each year [preceding any year in which a general election is to be held to fill the offices of Governor and Lieutenant Governor for a four-year term], the Election Law Enforcement Commission shall adjust the amounts, set forth in subsection b. of this section, which shall be applicable under P.L.1973, c.83 (C.19:44A-1 et al.) to primary and general elections for any public office other than the offices of Governor and Lieutenant Governor at a percentage which shall be [the same] calculated in the same manner as the percentage of change that the commission applies to the amounts used for the primary election for the office of Governor and the general election for the offices of Governor and Lieutenant Governor [held in the third year preceding the year in which that December 1 occurs], pursuant to section 19 of P.L.1980, c.74 (C.19:44A-7.1), and any amount so adjusted shall be rounded in the same manner as provided in that section.
b. The amounts subject to adjustment as provided under this section shall be:
(1) the minimum amount raised or expended by any two or more persons acting jointly who qualify as a political committee and the minimum amount contributed or expected to be contributed in any calendar year by any group of two or more persons acting jointly who qualify as a continuing political committee as defined in section 3 of P.L.1973, c.83 (C.19:44A-3);
(2) (Deleted by amendment, P.L.2004, c.28);
(3) the minimum amount of a contribution to a political committee, continuing political committee, legislative leadership committee or a political party committee received during the period between the 13th day prior to the election and the date of the election, the minimum amount of an expenditure by a political committee during that period, and the minimum amount of an expenditure by a continuing political committee during the period beginning after March 31 and ending on the date of the primary election and the period beginning after September 30 and ending on the date of the general election which triggers an obligation to report that contribution to the commission pursuant to section 8 of P.L.1973, c.83 (C.19:44A-8), and the minimum amount of a contribution to a candidate, candidate committee or joint candidates committee received during the period between the 13th day prior to the election and the date of the election which triggers an obligation to report that contribution to the commission pursuant to section 16 of P.L.1973, c.83 (C.19:44A-16);
(4) the maximum amount which may be expended by the campaign organizations of two or more candidates forming a joint candidates committee without being required to file contribution reports, pursuant to section 8 of P.L.1973, c.83 (C.19:44A-8);
(5) the maximum amount that a person, not acting in concert with any other person or group, may spend to support or defeat a candidate or to aid the passage or defeat of a public question without being required to report all such expenditures and expenses to the commission pursuant to section 11 of P.L.1973, c.83 (C.19:44A-11) and the maximum amount that a person, not acting in concert with any other person or group, may raise through a public solicitation and expend to finance any lawful activity in support of or in opposition to any candidate or public question or to seek to influence the content, introduction, passage or defeat of legislation pursuant to section 19 of P.L.1973, c.83 (C.19:44A-19);
(6) the maximum amount that may be expended, in the aggregate, on behalf of a candidate without requiring that candidate to file contribution reports with the commission and the maximum amount that may be expended, in the aggregate, on behalf of a candidate seeking election to a public office of a school district, without requiring that candidate to file contribution reports with the commission pursuant to section 16 of P.L.1973, c.83 (C.19:44A-16);
(7) the maximum amount of penalty which may be imposed by the commission on any person who fails to comply with the regulatory provisions of P.L.1973, c.83 (C.19:44A-1 et al.) for a first offense or a second and subsequent offenses, pursuant to section 22 of P.L.1973, c.83 (C.19:44A-22);
(8) the maximum amount of penalty which may be imposed by the commission on any corporation or labor organization which provides any of its employees any additional increment of salary for the express purpose of making a contribution to a candidate, candidate committee, joint candidates committee, political party committee, legislative leadership committee, political committee or continuing political committee for a first or a second and subsequent offenses, pursuant to section 15 of P.L.1993, c.65 (C.19:44A-20.1);
(9) (Deleted by amendment, P.L.2004, c.174);
(10) (Deleted by amendment, P.L.2004, c.174);
(11) (Deleted by amendment, P.L.2004, c.174);
(12) the amount of filing fees which may be collected from a candidate committee, a joint candidates committee, a continuing political committee, a political party committee, a legislative leadership committee, or any other person pursuant to section 6 of P.L.1973, c.83 (C.19:44A-6) (as that section shall have been amended by P.L.1983, c.579).
c. Not later than December 15 of each year [preceding any year in which a general election is to be held to fill the offices of Governor and Lieutenant Governor for a four-year term], the commission shall report to the Legislature and make public its adjustment of limits in accordance with the provisions of this section. Whenever, following the transmittal of that report, the commission shall have notice that a person has declared as a candidate for nomination for election or for election to any public office in a forthcoming primary or general election, it shall promptly notify that candidate of the amounts of those adjusted limits.
d. Notwithstanding the provisions of any other law, rule, or regulation to the contrary, the adjustment of limits under this section shall be conducted annually with respect to limits applicable to candidates and committees for the office of Member of the General Assembly, and shall be conducted annually in the first two years of each decade and every two years thereafter with respect to limits applicable to candidates and committees for the office of Member of the Senate, provided that such limits shall be applicable for each primary election and each general election separately.
(cf: P.L.2009, c.66, s.9)
2. Section 2 of P.L.2004, c.174 (C.