ASSEMBLY, No. 2155

 

STATE OF NEW JERSEY

 

INTRODUCED JUNE 17, 1996

 

 

By Assemblyman DALTON

 

 

An Act requiring the identification of candidates and committees under certain circumstances and amending P.L.1995, c.391.

 

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

 

    1. Section 2 of P.L.1995, c.391 (C.19:44A-22.3) is amended to read as follows:

    2. a. Whenever a candidate committee, joint candidates committee, political committee, continuing political committee, political party committee or legislative leadership committee, or any group other than such a committee, or any person makes, incurs or authorizes an expenditure for the purpose of financing a communication aiding or promoting the nomination, election or defeat of any candidate or providing political information on any candidate which is an expenditure that the committee, group or person is required to report to the Election Law Enforcement Commission pursuant to P.L.1973, c.83 (C.19:44A-1 et seq.), the communication shall clearly state, or in the case of non-print communications otherwise include, the name and business or residence address of the committee, group or person, as that information appears on reports filed with the commission, and that the communication has been financed by that committee, group or person.

    b. Whenever a candidate committee, joint candidates committee, political committee, continuing political committee, political party committee or legislative leadership committee, or any group other than such a committee, or any person makes, incurs or authorizes an expenditure for the purpose of financing a communication aiding the passage or defeat of any public question or providing political information on any public question which is an expenditure that the committee, group or person is required to report to the Election Law Enforcement Commission pursuant to P.L.1973, c.83 (C.19:44A-1 et seq.), the communication shall clearly state, or in the case of non-print communications otherwise include, the name and business or residence address of the committee, group or person, as that information appears on reports filed with the commission, and that the communication has been financed by that committee, group or person.

    c.. Whenever a candidate committee, joint candidates committee, political committee, continuing political committee, political party committee or legislative leadership committee, or any group other than such a committee, or any person makes, incurs or authorizes an expenditure for the purpose of financing a communication that seeks to engage members of the public regarding their opinions as to candidates, public questions or issues during a campaign, regardless of whether such a communication is conducted by a person who has volunteered service to the committee, candidate or individual financing the communication and whether the expenditure is one that the committee, group or person is required to report to the Election Law Enforcement Commission pursuant to P.L.1973, c.83 (C.19:44A-1 et seq.), the communication shall clearly include the name and business or residence address of the committee, group or person, as that information appears on reports filed with the commission, and that the communication has been financed by that committee, group or person.

    [c.] d. A communication that is financed by any person, not acting in concert with a candidate or any person or committee acting on behalf of a candidate, shall contain a clear and conspicuous statement that the expenditure was not made with the cooperation or prior consent of, or in consultation with or at the request or suggestion of, any such candidate, person or committee.

    [d.] e. Any person who accepts compensation from a committee, group or individual described in subsection a. [or], b. or c. of this section for the purpose of printing, broadcasting, or otherwise disseminating to the electorate a communication shall maintain a record of the transaction which shall include an exact copy of the communication and a statement of the number of copies made or the dates and times that the communication was broadcast, or in the case of non-print communication otherwise relayed, and the name and address of the committee, group or individual paying for the communication. [The]Except for a communication made by means of a telephone call or message or any other type of telecommunications equipment, the record shall be maintained on file at the principal office of the person accepting the communication for at least two years and shall be available for public inspection during normal business hours.

    [e.] f. As used in this section, "communication" means a press release, pamphlet, flyer, form letter, sign, billboard or paid advertisement printed in any newspaper or other publication or broadcast on radio or television, or any other form of advertising directed to the electorate ; "communication" also includes any contacting of the public by means of a telephone call or message or any other type of telecommunications equipment.

    [f.] g. The provisions of this section shall not be construed to apply to any bona fide news item or editorial contained in any publication of bona fide general circulation.

    [g.] h. (1) A person who violates a provision of this section shall be subject to the civil penalties provided in section 22 of P.L.1973, c.83 (C.19:44A-22).

    (2)  A person who, with intent to injure anyone or to conceal wrongdoing, purposely falsifies, conceals or misrepresents information required by this section to be disclosed or maintained on file is guilty of a crime of the fourth degree.

    [h.] i. The Election Law Enforcement Commission shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purpose of this section. The commission may, by regulation, exempt from the provisions of this section small, tangible items of de minimis value which are commonly used in campaigns to convey a political message, including, but not limited to, buttons, combs, and nail files. The commission may also, by regulation, exempt from the provisions of this section advertising space purchased by a candidate committee, joint candidates committee, political committee, continuing political committee, political party committee, legislative leadership committee or other person, in a political program book distributed at a fund-raising event if the financial transaction is otherwise subject to disclosure. An exemption granted by the commission with respect to any item shall not relieve the committee, group or individual making an expenditure therefor from any applicable campaign finance reporting requirements.

    In addition, the commission shall have the authority to provide, by regulation, that a communication need not include the address of the committee, group or person financing the communication in circumstances where the name of a committee, group or person would be sufficient to identify it from the commission's records.

(cf: P.L.1995, c.391, s.2)

 

    2. This act shall take effect on January 1 next following the date of enactment.

 

 

STATEMENT

 

    This bill requires that whenever a candidate, committee, any group other than such a committee or any person makes, incurs or authorizes an expenditure for the purpose of financing a communication that seeks to engage members of the public regarding their opinions as to candidates, public questions or issues during a campaign, regardless of whether such a communication is conducted by a person who has volunteered service to the committee, candidate or individual financing the communication and whether the expenditure is required to be reported to the Election Law Enforcement Commission (ELEC), the communication shall clearly include the name and business or residence address of the committee, group or person, as that information appears on reports filed with the commission, and that the communication has been financed by that committee, group or person.

    The bill expands the definition of "communication" contained in that part of the statutory law amended by the bill to include any contacting of the public by means of a telephone call or message or any other type of telecommunications equipment.

 

 

                             

 

Requires disclosure to public of candidate, committee or person financing telephone communications thereto.