ASSEMBLY, No. 1803

 

STATE OF NEW JERSEY

 

INTRODUCED MARCH 28, 1996

 

 

By Assemblyman GUSCIORA, Assemblywomen WEINBERG, Buono and Assemblyman Barnes

 

 

An Act concerning the financing of campaigns for nomination for election and for election to the office of member of the Legislature, amending various parts of the statutory law, and supplementing Titles 19 and 48 of the Revised Statutes.

 

    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; and (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.

    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, 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, 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 $1,000.00 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 or a "legislative leadership committee," as defined by subsection s. 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 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 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 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) Any candidate for election to the office of Governor whose name appears on the general 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 September 1 preceding 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 general election campaign expenses under subsection b. 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 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) Any candidate for election to the office of Governor whose name does not appear on the general 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 September 1 preceding 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 general election campaign expenses under subsection b. 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 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);

    (5) Any candidate for election to the office of member of the Legislature whose name appears on the general election ballot; who has deposited and expended $10,000.00 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 office of member of the Legislature 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 general election campaign expenses under subsection d. 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 legislative election debates under the provisions of section 9 through 11 of P.L.1989, c.4 (C.19:44A-45 through C.19:44A-47); or

    (6) Any candidate for election to the office of member of the Legislature whose name does not appear on the general election ballot; who has deposited and expended $10,000.00 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 office of member of the Legislature 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 general election campaign expenses under subsection d. 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 legislative election debates under the provisions of section 9 through 11 of P.L.1989, c.4 (C.19:44A-45 through C.19:44A-47); or

    (7) Any candidate for nomination for election to the office of member of the Legislature whose name appears on the primary election ballot; who has deposited and expended $5,000.00 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 member of the Legislature 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 c. 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 an interactive legislative primary election debate under the provisions of section 9 through 11 of P.L.1989, c.4 (C.19:44A-45 through C.19:44A-47); or

    (8) Any candidate for nomination for election to the office of member of the Legislature whose name does not appear on the primary election ballot; who has deposited and expended $5,000.00 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 member of the Legislature 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 c. 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 an interactive legislative primary election debate under the provisions of section 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 $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 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, or a "legislative leadership committee," as defined by subsection s. of this section.

    o. The term "statement of agreement" means a written declaration, by a candidate for nomination for election or for election to the office of Governor who intends that application will be made on that candidate's behalf to receive monies for primary election or 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 candidate undertakes 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 candidate is to participate. The statement of agreement shall include an acknowledgment of notice to the candidate who signs it that failure on that candidate's part to participate in any of the gubernatorial debates may be cause for the termination of the payment of such monies on the candidate's 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 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.

(cf: P.L.1995, c.194, s.1)

 

    2. Section 7 of P.L.1973, c.83 (C.19:44A-7) is amended to read as follows:

    7. The amount which may be spent in aid of the candidacy of any qualified candidate for Governor at any election shall not exceed in a primary election $2,200,000, and in a general election $5,000,000[; but such sums]. The amount which may be spent in aid of the candidacy of any qualified candidate for election to the office of member of the Legislature shall not exceed $50,000 in a primary election and $100,000 in a general election. Such amounts shall not include the traveling expenses of the candidate or of any person other than the candidate if such traveling expenses are voluntarily paid by such person without any understanding or agreement with the candidate that they shall be, directly or indirectly, repaid to him by the candidate.

    The limitation hereunder with respect to the amount that may be spent in aid of the candidacy of a qualified candidate for nomination for election to the office of member of the Legislature in a primary election shall not apply to a candidate who does not apply for or accept the payment of monies from the fund for election campaign expenses under the provisions of subsection c. of section 8 of P.L.1974, c.26 (C.19:44A-33). The limitation hereunder with respect to the amount that may be spent in aid of the candidacy of a qualified candidate for the office of member of the Legislature at a general election shall not apply to a candidate who does not apply for or accept the payment of monies from the fund under the provisions of subsection d. of section 8 of P.L.1974,c.26.

(cf: P.L.1989, c.4, s.2)

 

    3. Section 19 of P.L.1980, c.74 (C.19:44A-7.1) is amended to read as follows:

    19. a. For the purpose of ensuring the continuing adequacy of the limits set by law upon contributions, expenditures and certain other amounts relating to campaigns for nomination or election to the office of Governor and for nomination or election to the office of member of the Legislature, the Election Law Enforcement Commission is authorized and directed to adjust the limits on those amounts as provided herein. The limitation amounts thus adjusted shall apply to the primary and general elections for the office of Governor and to the primary and general elections for the office of member of the Legislature to be held in the year following the year in which that adjustment is required hereunder to be made.

    b. The commission shall establish an index reflecting the changes occurring in the general level of prices of particular goods and services, including but not limited to goods and services within such categories of expenditure as mass media and other forms of public communication, personnel, rent, office supplies and equipment, data processing, utilities, travel and entertainment, and legal and accounting services, directly affecting the overall costs of election campaigning in this State. The index shall be weighted in accordance with the impact in the preceding general election for the office of Governor of the respective prices of each of those several goods and services upon those overall costs. Not later than December 1 of each year preceding any year in which a general election is to be held to fill the office of Governor for a four-year term, the commission shall determine the percentage of change in this index which shall have occurred during the four-year period ending with the year of the gubernatorial election, and shall adjust the amounts, as set forth in subsection c. of this section, which shall be applicable under P.L. 1973, c. 83 (C. 19:44A-1 et seq.) to the primary and general elections for the office of Governor and the primary and general elections for the office of member of the Legislature to be held in the following year by multiplying that percentage of change, plus 100%, times the amounts applicable thereunder to the primary and general elections for [that] the office of Governor held in the third year preceding the year in which that December 1 occurs; provided that any amount so adjusted shall be rounded as follows: if the adjusted amount is less than $20,000 and is not an exact multiple of $100, to the next higher exact multiple of $100; if the adjusted amount is more than $20,000 but less than $200,000 and is not an exact multiple of $1,000, to the next higher exact multiple of $1,000; if the adjusted amount is more than $200,000 but less than $2,000,000 and is not an exact multiple of $10,000, to the next higher exact multiple of $10,000; and if the adjusted amount is more than $2,000,000 but less than $20,000,000 and is not an exact multiple of $100,000, to the next higher exact multiple of $100,000.

    c. The amounts subject to adjustment as provided under this section shall be:

    (1) The maximum amount of contributions permitted to be made to any candidate for nomination for election or for election to the office of Governor or to any candidate for nomination for election or for election to the office of member of the Legislature pursuant to section 4 of P.L. 1974, c. 26 (C. 19:44A-29) and the amount of contributions with respect to which a qualified candidate for nomination for election or for election to [that office] the office of Governor or a qualified candidate for nomination for election or for election to the office of member of the Legislature shall be eligible to receive moneys from the fund for election campaign expenses pursuant to section 8 of P.L. 1974, c. 26 (C. 19:44A-33);

    (2) The amount of deposits or expenditures required to have been made by a candidate for nomination for election or for election to the office of Governor or by a candidate for nomination for election or for election to the office of member of the Legislature in order for that candidate to be a qualified candidate under subsection m. of section 3 of P.L.1973, c.83 (C.19:44A-3) and the amount of such deposits into such a candidate's bank account for which no payment of public funds is to be made pursuant to section 8 of P.L.1974, c.26 (C.19:44A-33);

    (3) The maximum amount which may be spent in aid of the candidacy of a qualified candidate for the office of Governor in a primary or a general election or a qualified candidate for the office of member of the Legislature in a primary or a general election pursuant to section 7 of P.L.1973, c.83 (C.19:44A-7); and

    (4) The maximum amount which any qualified candidate for nomination for election in a primary election or for election to the office of Governor in a general election or any qualified candidate for nomination for election or for election to the office of member of the Legislature in a primary or a general election may receive from the fund for election campaign expenses pursuant to section 8 of P.L.1974, c.26 (C.19:44A-33).

    d. Not later than December 15 of each year preceding any year in which a general election is to be held to fill the office of Governor for a four-year term, the commission shall report to the Legislature its adjustment of limits in accordance with the provisions of this section. Whenever, following the transmittal of that report, the commission shall have had notice that a person has declared as a candidate for nomination for election or for election to the office of Governor in the forthcoming primary or general election or as a candidate for election to the office of member of the Legislature in a general election, it shall promptly notify that candidate of the amounts of those adjusted limits.

    e. Not later than December 3 of each year in which it is required under subsection b. hereof to determine the percentage of change in the index of prices affecting the overall costs of election campaigning, the commission shall certify to the State Treasurer the amount of that percentage of change so determined.

(cf: P.L.1989, c.4, s.3)

 

    4. Section 2 of P.L.1974, c.26 (C.19:44A-27) is amended to read as follows:

    2. It is hereby declared to be a compelling public interest and to be the policy of this State that [primary and general election] campaigns for nomination for election and for election to the office of Governor and campaigns for nomination for election and election to the office of member of the Legislature shall be financed with public support pursuant to the provisions of this act. It is the intention of this act that such financing be adequate in amount so that candidates [for election to the office of Governor] waging such campaigns may conduct [their] those campaigns free from improper influence and so that persons of limited financial means may seek election to [the State's highest office] those State offices.

(cf: P.L.1980, c.74, s.3)

 

    5. Section 3 of P.L.1974, c.26 (C.19:44A-28) is amended to read as follows:

    3. The provisions of this act shall apply to the general election campaign for the office of Governor to be held in November, 1977 [and], to all subsequent primary and general election campaigns for nomination for election and for election to the office of Governor, and to all primary and general election campaigns to be held in 1997 and thereafter for nomination for election and for election to the office of member of the Legislature, except that the provisions of this act shall not apply to any primary or general election campaign for the office of Governor or to any primary and general election campaign for election to the office of member of the Legislature for which the Legislature fails to make an appropriation.

(cf: P.L.1980, c.74, s.4)

 

    6. Section 4 of P.L.1974, c.26 (C.19:44A-29) is amended to read as follows:

    4. a. Except in the case of a candidate, as provided in subsection g. of this section, no person, candidate committee or joint candidates committee, political committee, continuing political committee or legislative leadership committee, otherwise eligible to make contributions, shall make any contribution or contributions to a candidate, his campaign treasurer or deputy campaign treasurer, candidate committee, a political party committee, or to any other person or committee, in aid of the candidacy of or in behalf of a candidate for nomination for election or for election to the office of Governor in any primary or general election in the aggregate in excess of $1,500.00, or in the case of a joint candidates committee when that is the only committee established by the candidates, in excess of $1,500.00 per candidate in the joint candidates committee, or in the case of a candidate committee and a joint candidates committee when both are established by a candidate, $1,500.00 from that candidate. No candidate for nomination for election or for election to the office of Governor in any primary or general election and no campaign treasurer deputy campaign or treasurer of such candidate shall knowingly accept from any person, candidate, candidate committee, joint candidates committee, political committee, continuing political committee or legislative leadership committee any contribution or contributions in aid of the candidacy of or in behalf of such candidate in the aggregate in excess of $1,500.00, or in the case of a joint candidates committee when that is the only committee established by the candidates, in excess of $1,500.00 per candidate in the joint candidates committee,or in the case of a candidate committee and a joint candidates committee when both are established by a candidate, $1,500.00 from that candidate, in any primary or general election. No provision of this act shall be construed to prohibit a contribution or contributions in the aggregate in aid of the candidacy of or in behalf of any candidate for nomination for election to the office of Governor in a primary election not in excess of $1,500.00, or in the case of a contribution or contributions by a joint candidates committee when that is the only committee established by the candidates, in excess of $1,500.00 per candidate in the joint candidates committee,or in the case of a candidate committee and a joint candidates committee when both are established by a candidate, $1,500.00 from that candidate, and another contribution or contributions in the aggregate in the aid of the candidacy of or in behalf of any candidate for election to the office of Governor in a general election not in excess of $1,500.00, or in the case of a contribution or contributions by a joint candidates committee when that is the only committee established by the candidates, in excess of $1,500.00 per candidate in the joint candidates committee, or in the case of a candidate committee and a joint candidates committee when both are established by a candidate, $1,500.00 from that candidate. For the purpose of determining the amount of a contribution to be attributed as given by each candidate in a joint candidates committee, the amount of the contribution by such a committee shall be divided equally among all the candidates in the committee.

    b. (Deleted by amendment, P.L.1980, c.74.)

    c. The spouse of any contributor may make a contribution or contributions in the aggregate in aid of the candidacy of or in behalf of a candidate for nomination for election or for election to the office of Governor of up to $1,500.00.

    d. No State committee of any political party shall knowingly accept from any person, candidate committee, joint candidates committee, political committee, continuing political committee or legislative leadership committee, any contribution or contributions in the aggregate in aid of the candidacy of or in behalf of a candidate for election to the office of Governor in a general election in excess of $1,500.00, or in the case of a contribution or contributions by a joint candidates committee when that is the only committee established by the candidates, in excess of $1,500.00 per candidate in the joint candidates committee, or in the case of a candidate committee and a joint candidates committee when both are established by a candidate, $1,500.00 from that candidate. A State committee may allocate a contribution of up to $1,500.00, and up to $1,500.00 of a contribution in excess of $1,500.00 in aid of the candidacy of or in behalf of such candidate, except that in the case of a contribution from a joint candidates committee when that is the only committee established by the candidates, the amounts which may be so allocated shall be $1,500.00 per candidate in the joint candidates committee, and in the case of a candidate committee and a joint candidates committee when both are established by a candidate, the amount which may be so allocated shall be $1,500.00 from that candidate. For the purpose of determining the amount of a contribution to be attributed as given by each candidate in a joint candidates committee, the amount of the contribution by such a committee shall be divided equally among all the candidates in the committee. A State committee shall create an account in a national or State bank in behalf of any candidate the committee intends to or does assist for election to the office of Governor in a general election, shall deposit in such account and report to the Election Law Enforcement Commission the name of the contributor of all moneys accepted or allocated in aid of the candidacy of or in behalf of such candidate, and may make a contribution or contributions from such account in any amount in aid of the candidacy of or in behalf of such candidate. No State committee may make any contribution or contributions in aid of the candidacy of or in behalf of such candidate of moneys not deposited in a bank account pursuant to this subsection, and no State committee may make a contribution or contributions in aid of the candidacy of or in behalf of such candidate of moneys or other thing of value pledged or received in a calendar year in which no gubernatorial election was held.

    e. The county committee of a political party in a county and the municipal committees of that political party in the same county may make an expenditure or expenditures in the aggregate of $10,000.00 in aid of the candidacy of or in behalf of any candidate for election to the office of Governor in a general election. No county committee or municipal committee may transfer or contribute any funds to any such candidate or to such candidate's campaign treasurer or deputy campaign treasurer, or to any political committee supporting such candidate. A candidate or his campaign treasurer or deputy campaign treasurer shall determine the exact amount that individual county committees or municipal committees may contribute in aid of the candidacy of or in behalf of such candidate, and shall file a report of such determination with the Election Law Enforcement Commission no later than the seventh day prior to the general election being funded.

    f. Communications on any subject by a corporation to its stockholders and their families, or by a labor organization to its members and their families, and nonpartisan registration and get-out-the-vote campaigns by a corporation aimed at its stockholders and their families, or by a labor organization aimed at its members and their families, shall not be construed to be in aid of the candidacy of or in behalf of a candidate for nomination for election or for election to the office of Governor or in behalf of a candidate for nomination for election or for election to the office of member of the Legislature in any primary or general election.

    g. No candidate [receiving] for nomination for election or for election to the office of Governor who receives public funds may make expenditures from his own funds, including any contributions from his own funds, in aid of his candidacy for nomination or election to [the] that office [of Governor] in excess of $25,000.00 for the primary election and $25,000.00 for the general election. No candidate for nomination for election or for election to the office of member of the Legislature who receives public funds may make expenditures from his own funds, including any contributions from his own funds, in aid of his candidacy for election to that office in excess of $2,500.00 for the primary election and $5,000.00 for the general election.

    As used in this subsection "own funds" means funds to which the candidate is legally and beneficially entitled, but shall not include funds as to which he is a trustee, or funds given or otherwise transferred to the candidate by any person other than the spouse of the candidate for use in aid of his candidacy.

(cf: P.L.1993, c.65, s.14)

 

    7. Section 5 of P.L.1974, c.26 (C.19:44A-30) is amended to read as follows:

    5. a. The Legislature shall appropriate to the New Jersey Election Law Enforcement Commission out of the Gubernatorial and Legislative Elections Fund established pursuant to N.J.S.54A:9-25.1 and available for appropriation from the fund, and, if necessary, out of the General Treasury of the State such sums as are necessary to carry out the [purposes of this act] provisions of subsections a. and b. of section 8 of P.L.1974, c.26 (C.19:44A-33), which sums shall constitute a fund for campaign expenses for the primary election and the general election to the office of Governor, in such amounts or proportions as the Legislature shall direct [the] by appropriation to be distributed between each of the two elections, to be regulated and distributed by the commission pursuant to [this] that act. Upon notice by the commission, the Legislature shall appropriate to the commission out of the General Treasury such additional sums as may be required to carry out the purposes of [this] that act if the sums first appropriated become inadequate.

    b. The Legislature shall appropriate to the New Jersey Election Law Enforcement Commission out of the Gubernatorial and Legislative Elections Fund such sums as are necessary to carry out the provisions of subsections c. and d. of section 8 of P.L.1974, c.26 (C.19:44A-33), which sums shall constitute a fund for campaign expenses for the primary and the general election to fill the office of member of the Legislature, to be regulated and distributed by the commission pursuant to P.L.1974, c.26 (C.19:44A-27 et seq.). Upon notice by the commission, the Legislature shall appropriate to the commission out of the General Fund such additional sums as may be required to carry out the purposes of those subsections if the sums first appropriated become inadequate.

(cf: P.L.1980, c.74, s.6)

 

    8. Section 7 of P.L.1974, c.26 (C.19:44A-32) is amended to read as follows:

    7. a. Each candidate in the primary election for nomination for election to the office of Governor and for nomination for election to the office of member of the Legislature, shall, with the approval of the Election Law Enforcement Commission, create a bank account in a National or State bank. The candidate, his campaign treasurer or deputy campaign treasurer shall deposit promptly into the account all moneys received pursuant to section 4 of P.L.1974, c.26 (C.19:44A-29) and sections 11 and 12 of P.L.1973, c.83 (C.19:44A-11 and 19:44A-12).

    b. Each candidate in the general election for election to the office of Governor and each candidate in a general election for election to the office of member of the Legislature shall, with the approval of the Election Law Enforcement Commission, create an account in a National or State bank. The candidate, his campaign treasurer or deputy campaign treasurer shall deposit promptly into the account all moneys received for the purpose of the election, provided that the moneys are received pursuant to section 4 of P.L.1974, c.26 (C.19:44A-29) and sections 11 and 12 of P.L.1973, c.83 (C.19:44A-11 and 19:44A-12).

    c. Immediately after deposit in the bank account the candidate or his campaign treasurer or deputy campaign treasurer may transfer or expend the moneys, except that no moneys deposited in a candidate's bank account for the primary election may be expended for any candidate's general election expenses, and except that no moneys deposited in a candidate's bank account for the general election may be transferred or expended until the day following the primary election or may be expended for primary election expenses.

    d. No State or National bank which acts as a depository for election funds as provided in this act shall be held accountable for the proper application of funds withdrawn, transferred or expended from such accounts by the person or persons in whose name or names the accounts are opened or maintained, nor shall the State or National bank be under any duty to determine whether the funds deposited in the account are withdrawn, transferred or expended for the purposes and at the time or times prescribed by law, or are received from sources and in amounts prescribed or limited by law.

(cf: P.L.1980, c.74, s.7)

 

    9. Section 8 of P.L.1974, c.26 (C.19:44A-33) is amended to read as follows:

    8. a. The campaign treasurer or deputy campaign treasurer of any qualified candidate for nomination for election to the office of Governor in a primary election upon application to the commission shall promptly receive in behalf of the qualified candidate from the fund for election campaign expenses, but not prior to January 1 of the year of the election, moneys in an amount equal to twice the amount of no more than $1,500.00 of each contribution deposited in the qualified candidate's primary election bank account described in section 7 of P.L.1974, c.26 (C.19:44A-32), except that no payment shall be made from the fund to any candidate for the first $50,000.00 deposited in the qualified candidate's bank account. The maximum amount which any qualified candidate for nomination for election to the office of Governor in a primary election may receive from the fund for election campaign expenses shall not exceed $1,350,000. Applications for payments and payments under this subsection following the date on which a candidate is determined to be a qualified candidate shall be made only on the basis of no less than $12,500.00 of such contributions.

    b. The campaign treasurer or deputy campaign treasurer of any qualified candidate for election to the office of Governor in a general election upon application to the commission shall promptly receive in behalf of such qualified candidate from the fund for election campaign expenses, but not prior to the primary election, moneys in an amount equal to twice the amount of no more than $1,500.00 of each contribution deposited in such qualified candidate's bank account described in section 7 of P.L.1974, c.26 (C.19:44A-32), except that no payment shall be made from the fund to any candidate for the first $50,000.00 deposited in such qualified candidate's bank account.

    The maximum amount which any qualified candidate for election to the office of Governor in a general election may receive from the fund for election campaign expenses shall not exceed $3,300,000. Applications for payments and payments under this subsection following the date on which a candidate is determined to be a qualified candidate shall be made only on the basis of no less than $12,500.00 of such contributions.

    c. The campaign treasurer or deputy campaign treasurer of any qualified candidate for nomination for election to the office of member of the Legislature in a primary election upon application to the commission shall promptly receive in behalf of the qualified candidate from the fund for election campaign expenses, but not prior to January 1 of the year of the election, $20,000.00.

    d. The campaign treasurer or deputy campaign treasurer of any qualified candidate for election to the office of member of the Legislature in a general election upon application to the commission shall promptly receive in behalf of such qualified candidate from the fund for election campaign expenses, but not prior to the primary election or the meeting at which the qualified candidate is nominated for election to such office, $40,000.00.

    e. Whenever a qualified candidate for nomination for election or for election to the office of member of the Legislature is opposed by a candidate for that same office who does not apply for or accept the payment of monies from the fund for election campaign expenses under the provisions of subsection c. or d. of this section and who spends more than $40,000.00 of the candidate's own funds during a primary election or more than $80,000 of the candidate's own funds during a general election, the qualified candidate shall be eligible to receive from the fund an additional payment of $20,000.00 for the campaign for nomination for election to the office of member of the Legislature or an additional payment of $40,000.00 for the campaign for election to that same office, as appropriate.

    f. A qualified candidate for nomination for election or for election to the office of member of the Legislature shall not be eligible for any payment from the fund for the campaign for nomination for election to that office or the campaign for election to the office, as appropriate, if not opposed by a candidate for that same office or if opposed by a candidate who is ineligible to receive the payment of such monies under the provisions of subsection c. or d. of this section as a qualified candidate.

(cf: P.L.1989, c.4, s.6)

 

    10. Section 11 of P.L.1974, c.26 (C.19:44A-36) is amended to read as follows:

    11. Moneys received by any qualified candidate from the fund for election campaign expenses are to be considered "spent in aid of the candidacy of any candidate" for nomination for election or election to the office of Governor or for nomination for election or election to the office of member of the Legislature for the purpose of section 7 of P.L.1973, c.83 (C.19:44A-7). The Election Law Enforcement Commission shall not withdraw from the fund for election campaign expenses any sum[,]which results in a candidate's exceeding the limitations of that section.

(cf: P.L.1980, c.74, s.11)

 

    11. Section 19 of P.L.1974, c.26 (C.19:44A-44) is amended to read as follows:

    19. Notwithstanding any provision of this act, any candidate in a primary election for the office of Governor, or his campaign treasurer or deputy campaign treasurer, or any candidate in a general election for the office of Governor, or his campaign treasurer or deputy treasurer, and any candidate in a primary election for the office of member of the Legislature, or his campaign treasurer or deputy campaign treasurer, or any candidate in a general election for the office of member of the Legislature or his campaign treasurer or deputy treasurer may borrow funds from any national or State bank. No person or political committee, other than the candidate himself or the State committee of any political party in a general election, may in any way endorse or guarantee such loan in an amount in the aggregate in excess of $1,500.00, in the case of a candidate for nomination for election or for election to the office of Governor or $250.00 in the case of a candidate for nomination for election or for election to the office of member of the Legislature. The endorsement shall constitute a contribution for so long as the loan is outstanding. The amount borrowed by any such candidate or his campaign treasurer or deputy campaign treasurer shall in the aggregate not exceed $50,000.00, in the case of a candidate for nomination for election or for election to the office of Governor, $5,000 in the case of a candidate for nomination for election to the office of member of the Legislature and $10,000.00 in the case of a candidate for election to the office of member of the Legislature and must be repaid in full by such candidate or his campaign treasurer or deputy campaign treasurer from moneys accepted or allocated pursuant to section 4 of P.L.1974, c.26 (C.19:44A-29) 20 days prior to the date of the primary or general election for which the loan was made, and certification of such repayment shall be made by the borrower to the Election Law Enforcement Commission in accordance with commission regulations.

    Upon the failure of the borrower to repay the full amount borrowed on or before the 20th day prior to the date of the primary or general election for the office of Governor or the primary or general election for the office of member of the Legislature, or to certify such repayment to the Election Law Enforcement Commission as required herein, all payments of moneys to such candidate from the fund for election campaign expenses pursuant to section 8 of P.L.1974, c.26 (C.19:44A-33) shall promptly cease; and the Election Law Enforcement Commission shall forthwith seek and may obtain in a summary action in the Superior Court an injunction prohibiting the expenditure by any such candidate of any moneys received by him at any time from the fund for election campaign expenses pursuant to said section 8 of P.L.1974, c.26 (C.19:44A-33), and any other moneys received by him in aid of or in behalf of his candidacy in said election.

(cf: P.L.1989, c.4, s.7)

 

    12. Section 9 of P.L.1989, c.4 (C.19:44A-45) is amended to read as follows:

    9. a. In any year in which a primary election is to be held to nominate candidates for the office of Governor, there shall be held among the several candidates for each such nomination a series of interactive gubernatorial primary debates, in which all "qualified candidates," as defined by paragraph (3) or paragraph (4) of subsection m. of section 3 of P.L.1973, c.83 (C.19:44A-3), for that nomination who have applied or who intend to apply to receive money for election campaign expenses under subsection a. of section 8 of P.L.1974, c.26 (C.19:44A-33) shall participate, and in which any other candidate for that nomination who has deposited and expended the amount necessary, under paragraph (3) or paragraph (4) of subsection m. of section 3 of P.L.1973, c.83 (C.19:44A-3), to be deemed a "qualified candidate" may elect to participate, provided that other candidate notifies the Election Law Enforcement Commission of the candidate's intent to so participate within the time allowed under those paragraphs for such notification to be made by candidates wishing to become qualified candidates; except that in any year in which no such candidate or only one such candidate for that nomination is required or elects to participate, no gubernatorial primary debate shall be required to be held under this subsection.

    b. In any year in which a general election is to be held for the office of Governor, there shall be held a series of interactive gubernatorial election debates, in which all "qualified candidates," as defined by paragraph (1) or paragraph (2) of subsection m. of section 3 of P.L.1973, c.83 (C.19:44A-3), for election to that office who have applied or who intend to apply to receive money for election campaign expenses under subsection b. of section 8 of P.L.1974, c.26 (C.19:44A-33) shall participate, and in which any other candidate for election to the office who has deposited and expended the amount necessary, under paragraph (1) or paragraph (2) of subsection m. of section 3 of P.L.1973, c.83 (C.19:44A-3), to be deemed a "qualified candidate" may elect to participate, provided that other candidate notifies the Election Law Enforcement Commission of the candidate's intent to so participate within the time allowed under those paragraphs for such notification to be made by candidates wishing to become qualified candidates; except that in any gubernatorial election year in which no such candidate or only one such candidate for election to the office is required or elects to participate, no gubernatorial election debate shall be required to be held under this subsection.

    c. In any year in which a primary election is to be held to nominate candidates for the office of member of the Legislature, there shall be held among the several candidates for each such nomination an interactive legislative primary election debate, in which all "qualified candidates," as defined by paragraph (7) or paragraph (8) of subsection m. of section 3 of P.L.1973, c.83 (C.19:44A-3), for that nomination who have applied or who intend to apply to receive money for election campaign expenses under subsection c. of section 8 of P.L.1974, c.26 (C.19:44A-33) shall participate, and in which any other candidate for that nomination who has deposited and expended the amount necessary, under paragraph (7) or paragraph (8) of subsection m. of section 3 of P.L.1973, c.83 (C.19:44A-3), to be deemed a "qualified candidate" may elect to participate, provided that other candidate notifies the Election Law Enforcement Commission of the candidate's intent to so participate within the time allowed under those paragraphs for such notification to be made by candidates wishing to become qualified candidates; except that in any year in which no such candidate or only one such candidate for that nomination is required or elects to participate, no legislative primary election debate shall be required to be held under this subsection.

    d. In any year in which a general election is to be held for the office of member of the Legislature, there shall be held a series of interactive legislative election debates, in which all "qualified candidates," as defined by paragraph (5) or paragraph (6) of subsection m. of section 3 of P.L.1973, c.83 (C.19:44A-3), for election to that office who have applied or who intend to apply to receive money for election campaign expenses under subsection d. of section 8 of P.L.1974, c.26 (C.19:44A-33) shall participate, and in which any other candidate for election to the office who has deposited and expended the amount necessary, under paragraph (5) or paragraph (6) of subsection m. of section 3 of P.L.1973, c.83 (C.19:44A-3), to be deemed a "qualified candidate" may elect to participate, provided that other candidate notifies the Election Law Enforcement Commission of the candidate's intent to so participate within the time allowed under those paragraphs for such notification to be made by candidates wishing to become qualified candidates; except that in any legislative election year in which no such candidate or only one such candidate for election to the office is required or elects to participate, no legislative election debate shall be required to be held under this subsection.

(cf: P.L.1989, c.4, s.9)

 

    13. Section 10 of P.L.1989, c.4 (C.19:44A-46) is amended to read as follows:

    10. a. The series of gubernatorial primary debates under subsection a. of section 9 of P.L.1989, c.4 (C.19:44A-45) shall consist of two debates. Each of the debates shall be of at least one hour's duration. The first debate in the series shall occur not earlier than the date on which the ballot for the primary election in which candidates are to be nominated for election to the office of Governor is finally certified by the Secretary of State to the clerks of the several counties, and the second debate in the series shall occur not later than the 11th day prior to the primary election to select candidates for that office unless an emergency, as determined by the vote of a majority of the participating candidates, requires the postponement thereof, but the second gubernatorial primary debate shall in no event be held later than the second day preceding that primary election.

    b. The series of gubernatorial election debates under subsection b. of section 9 of P.L.1989, c.4 (C.19:44A-45) shall consist of two debates. Each of the gubernatorial election debates shall be of at least one hour's duration. The first debate in the series shall occur not earlier than the third Tuesday following the first Monday in September of the year in which a general election is to be held for the office of Governor, and the second debate in the series shall occur not later than the 11th day prior to the general election for that office unless an emergency, as determined by the vote of a majority of the participating candidates, requires the postponement thereof, but the final gubernatorial election debate shall in no event be held later than the second day preceding that general election.

    c. The legislative primary election debate, to be held pursuant to subsection c. of section 9 of P.L.1989, c.4 (C.19:44A-45), shall be at least one hour's duration. The debate shall occur not earlier than the date on which the ballot for the primary election in which candidates are to be nominated for election to the office of member of the Legislature is finally certified by the Secretary of State to the clerks of the several counties and later than the 11th day prior to the primary election to select candidates for that office unless an emergency, as determined by the vote of a majority of the participating candidates, requires the postponement thereof, but shall in no event be held later than the second day preceding that primary election.

    d. The series of legislative election debates under subsection d. of section 9 of P.L.1989, c.4 (C.19:44A-45) shall consist of two debates. Each of the legislative election debates shall be of at least one hour's duration. The first debate in the series shall occur not earlier than the third Tuesday following the first Monday in September of the year in which a general election is to be held for the office of member of the Legislature, and the second debate in the series shall occur not later than the 11th day prior to the general election for that office unless an emergency, as determined by the vote of a majority of the participating candidates, requires the postponement thereof, but the final legislative election debate shall in no event be held later than the second day preceding that general election.

    [ c.] e. Organizations which are not affiliated with any political party or with any holder of or candidate for public office, which have not endorsed any candidate in the pending primary or general election for the office of Governor or the pending primary or general election for the office of member of the Legislature, and which have previously sponsored one or more televised debates among candidates for Statewide office in the State since 1976, shall be eligible to sponsor one or more interactive gubernatorial or legislative primary debates or interactive gubernatorial or legislative election debates under subsection a.[ or], subsection b., subsection c. or subsection d., respectively, of this section. In addition, any association of two or more separately owned news publications or broadcasting outlets, including newspapers, radio stations or networks, and television stations or networks, having between or among them a substantial readership or audience in this State, and any association of print or broadcast news or press service correspondents having among them a substantial readership or audience in this State, shall be eligible to sponsor any such [gubernatorial] primary or [gubernatorial] general election debate, without regard to whether that association or any of its members shall previously have sponsored any debate among candidates for Statewide office.

    The Election Law Enforcement Commission shall accept applications from eligible organizations and eligible associations of news publications and broadcasting outlets or news or press service correspondents to sponsor one or more of those interactive gubernatorial or legislative debates. Applications to sponsor debates under subsection a. and subsection c. shall be submitted to the commission no later than March 15 of any year in which a primary election is to be held to nominate candidates for the office of Governor or to nominate candidates for the office of member of the Legislature, and applications to sponsor debates under subsection b. and subsection d. shall be submitted to the commission no later than July 1 of any year in which a general election is to be held to fill the office of Governor or the office of member of the Legislature, as the case may be.

    Where the number of eligible applicants to sponsor [gubernatorial] primary debates or [gubernatorial] general election debates exceeds the number prescribed under subsection a. [and], subsection b., subsection c. and subsection d. of this section, respectively, the Election Law Enforcement Commission shall select the sponsors from among the applicants within 30 days of the last day for submitting those applications, as provided by this subsection. To the maximum extent practicable and feasible, the commission shall select a different sponsor for each of the interactive [gubernatorial] debates, but shall not be precluded from selecting the same sponsor for more than one debate.

    The sponsors selected by the commission shall be responsible for selecting the date, time and location of the debates, subject to the limitations set forth in this section. The rules for conducting each debate shall be solely the responsibility of the sponsors so selected, but shall not be made final without consultation with both the chairman of the New Jersey Republican State Committee and the chairman of the New Jersey Democratic State Committee in the case of [gubernatorial] primary debates, and with a representative designated by each of the participating candidates in the case of [gubernatorial] general election debates.

(cf: P.L.1991,c.317, s.1)

 

    14. Section 11 of P.L.1989, c.4 (C.19:44A-47) is amended to read as follows:

    11. The Election Law Enforcement Commission shall have the power and duty, upon receipt of a complaint against a candidate for nomination for election or for election for the office of Governor who is required to participate in gubernatorial primary debates or gubernatorial election debates, respectively, or a candidate for nomination for election or for election for the office of member of the Legislature who is required to participate in a legislative primary debate or legislative election debates, respectively, to hold a hearing to determine whether that candidate has failed to participate in such debates. If, at the conclusion of a hearing under this section, the commission determines by majority vote that a candidate required to participate under section 10 of this 1989 amendatory and supplementary act has failed to do so, the chairman shall immediately inform the candidate in writing of that determination, identifying in that writing the date and circumstances of the failure. If, after having found that a candidate required to participate in a gubernatorial primary or gubernatorial election debate or in a legislative primary or legislative election debate has failed to do so, the commission further finds that the failure occurred under circumstances which were beyond the control of the candidate and of such a nature that a reasonable person, taking into account the purposes of this act and the relevant facts of the case, would find the failure justifiable or excusable, then the candidate shall not be subject to any penalty or liability for his failure to participate. The candidate charged with the failure to participate shall have the burden of showing justification or excuse.

    The campaign of any candidate or former candidate who shall have been required to participate in a gubernatorial primary debate or gubernatorial election debate under this 1989 amendatory and supplementary act or in a legislative primary debate or legislative election debate, but who shall have been found to have failed to do so without reasonable justification or excuse, shall be liable for return of moneys previously received for use by the candidate to pay primary election campaign expenses or general election campaign expenses, respectively. The commission shall determine the total amount of moneys for election campaign expenses in that year by the commission to the candidate under subsection a. [or] , subsection b. , subsection c. or subsection d. of section 8 of P.L.1974, c.26 (C.19:44A-33), as appropriate, and shall notify the campaign treasurer or the deputy campaign treasurer of the candidate of the liability of the campaign of the candidate, as of the date of the notice, for the repayment of those moneys plus interest on the unpaid amount of that liability from that date at the rate of 1% for each month or fractional part of a month during which that amount remains unpaid.

(cf: P.L.1989, c.4, s.11)

 

    15. Section 2 of P.L.1990, c.94 (C.52:9H-25) is amended to read as follows:

    2. As used in this act:

    a. "Base year" means the fiscal year prior to the fiscal year for which an appropriation or expenditure is to be made; and

    b. "Appropriations" means the aggregate amounts appropriated by the State in the general appropriation law and all other laws supplementing the general appropriation law appropriating money for any purpose in any fiscal year, exclusive of appropriations of the following: money appropriated for payment by the State as State aid to counties, municipalities, local school districts, or other instrumentalities, or on behalf of counties, municipalities, school districts, or other instrumentalities; money appropriated for payment by the State as grants to individuals, public agencies or private agencies for benefits to which the recipients are entitled by law or regulation, for the provision of services for which the State has a primary responsibility, and for subsidies and the provision of services for which the State has no responsibility, but which the State elects to provide; money received or reasonably anticipated to be received by the State from the federal government; money derived from, or expended in payment of any interest or principal on, any general obligation bond issues approved by the legally qualified voters of the State at any general election; money appropriated for payment to the State for projects of capital construction; money required to be appropriated within a fiscal year in accordance with a court order; and money required to be deposited in, and expended from, the "Property Tax Relief Fund" established by N.J.S.54A:9-25, the "Casino Control Fund" established by section 143 of P.L.1977, c.110 (C.5:12-143), the "Casino Revenue Fund" established by section 145 of P.L.1977, c.110 (C.5:12-145) and the "Gubernatorial and Legislative Elections Fund" established by N.J.S.54A:9-25.1.

(cf: P.L.1990, c.94, s.2)

 

    16. N.J.S.54A:9-25.1 is amended to read as follows:

    54A:9-25.1. a. There is hereby established within the General Treasury a special fund to be known as the "Gubernatorial and Legislative Elections Fund." Where a taxpayer has indicated on a return filed pursuant to this act that [one dollar] five dollars of his taxes is to be reserved for such fund, the Treasurer shall credit such fund with the amount so indicated from the taxes collected under the provisions of this act. The fund shall be available for appropriation pursuant to section 5 of P.L.1974, c.26 (C.19:44A-30), provided however that establishment of the "Gubernatorial and Legislative Elections Fund" shall in no way affect the operation of said section.

    Blank forms of return provided by the director for use in reporting under this act shall include, in a conspicuous place, the opportunity for a taxpayer to indicate his preference under this section in substantially the following manner:

 

                                                                                          Yes No

 

    "Gubernatorial and Legislative

     Elections Fund"                            Do you wish to

                                                            designate [$1]$5 of

                                                                your taxes for this fund?


    NOTE: If you check the "Yes" If joint return, does

    box(es) it will not increase your spouse wish to

    your tax or reduce your refund. designate [$1] $5

                                                                for the fund?

    b. (1) Not later than the fifth day following receipt from the New Jersey Election Law Enforcement Commission of the commission’s certification, as required by subsection e. of section 19 of P.L.1980, c.74 (C.19:44A-7.1), of the amount of the percentage of change in the index of prices affecting the overall costs of election campaigning, the State Treasurer shall, for the purposes of this section, compute for the amount that a taxpayer may designate to be reserved and credited to the Gubernatorial and Legislative Elections Fund, an “adjusted standard value”. In the year 2000, that value shall be computed by multiplying the percentage of change certified in that year, plus 100%, times five dollars; in each fourth year thereafter, that value shall be computed by multiplying the percentage of change certified in such subsequent year, plus 100%, times (a) in a computation year four years after a year in which the checkoff amount was increased pursuant to the provisions of paragraph (2) of this subsection, the value of that increased amount, and (b) in any other computation year, the “adjusted standard value” as determined in the fourth year preceding that computation year.

    (2) Notwithstanding the provisions of subsection a. of this section, for each of the four taxable years commencing on or after January 1 following a year in which an “adjusted standard value” is computed as prescribed under paragraph (1) of this subsection, the amount that a taxpayer may designate the amount to be reserved and credited to the Gubernatorial and Legislative Elections Fund under that subsection a. shall be the whole-dollar amount that is nearest to the “adjusted standard value” amount so computed; if the “adjusted standard value” amount is equidistant between one whole-dollar amount and the next greatest whole-dollar amount, the amount of tax that may annually be so reserved in those four taxable years shall be the lesser of those two whole-dollar amounts.

    On any blank form of return for such taxable years, the text of the questions prescribed under subsection a. hereof concerning a taxpayer’s wish to make such a reservation shall be revised in accordance with the provisions of this subsection.

(cf: P.L1980, c.74, s.16)

 

    17. (New section) Any qualified candidate for nomination for or for election to the office of member of the Legislature, as defined in subsection m. of section 3 of P.L.1973, c.83 (C.19:44A-3), may include a notice of their status as a qualified candidate in their campaign materials or advertisements.


    18. (New section) a. Each cable television company shall make available free of charge to each qualified candidate for nomination for election to the office of member of the Legislature and to each qualified candidate for election to the same office who is running in the legislative district that corresponds with the area in which the cable company provides service, respectively, a total of no less than one-half hour of time during the period prior to the primary election and no less than one hour of time during the period prior to the general election, at a time and in a program format agreed to by both the candidate and the cable television company. As used in this subsection, "qualified candidate" shall have the meaning provided in subsection m. of section 3 of P.L.1973, c.83 (C.19:44A-3).

    b. The Board of Public Utilities shall promulgate, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be deemed necessary to effectuate the purposes of this section.

    c. The provisions of this section shall be suspended if a determination is made by the Board of Public Utilities that it is preempted by or not permissible pursuant to current federal statute or regulation.

 

    19. This act shall take effect upon the effective date of P.L. , c. (C. )(now pending before the Legislature as Assembly, No.1802); the amendatory provisions of subsection a. of N.J.S.54A:9-25.1 in section 16 shall be applicable to the taxable years commencing on or after that January 1, and the amendatory provisions of subsection b. of N.J.S.54A:9-25.1 in section 16 shall be inoperative until November 30, 2000.

 

 

STATEMENT

 

    The purpose of this bill is to establish a program providing public financing for primary and general election campaigns of candidates for nomination for election and for election to the office of member of the Legislature.

    To qualify for public financing for a primary campaign, a candidate must first raise and spend at least $5,000. Once this threshold is reached, the candidate would receive $20,000 in public funds.

    To qualify for public financing in a general election, a candidate must raise and spend at least $10,000. Once this threshold is reached, the candidate would receive $40,000 in public funds.

    Any qualified candidate who runs unopposed in the primary or general election or who is opposed by a candidate ineligible to receive public funds would receive no public funds for the election. However, any qualified candidate who is opposed by a candidate who does not apply for or accept public funds and who spends at least $40,000 of his or her own funds in a primary or at least $80,000 in a general election would be eligible for double the amount of the maximum public funds disbursement.

    The bill places a limit on the amount that a qualified candidate who receives public funds can contribute from his personal resources of $2,500 for the primary election and $5,000 for the general election.

    The bill limits to $50,000 the total amount that may be spent by a candidate for nomination for election to the office of member of the Legislature in a primary election and to $100,000 the total amount that may be spent by a candidate for election to the same office.

    The bill provides partial funding for the program by increasing, from $1 to $5, the amount that a taxpayer may elect to contribute from his State income tax liability to the “Gubernatorial Elections Fund” (renamed the “Gubernatorial and Legislative Elections Fund”).

    Finally, the bill requires each cable television company to make available free of charge to each qualified candidate for nomination for election to the office of member of the Legislature and to each qualified candidate for election to the same office who is running in the legislative district that corresponds with the area in which the cable company provides service, respectively, a total of no less than one-half hour of time during the period prior to the primary election and no less than one hour of time during the period prior to the general election, at a time and in a program format agreed to by both the candidate and the cable television company.

 

 

                            

Establishes public financing program for nomination and election of candidates for office of member of the Legislature; limits spending in such campaigns.