SENATE, No. 611

STATE OF NEW JERSEY

INTRODUCED FEBRUARY 5, 1996

By Senator BUBBA

An Act concerning advertising in election campaigns and establishing a Truth-in-Campaign Commission, supplementing Title 19 of the Revised Statutes.

    BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

    1. This act shall be known and may be cited at the "Truth-in-Campaign Act."

    2. There is hereby created in but not of the Department of Law and Public Safety a Truth-in-Campaign Commission (hereinafter "commission") consisting of three members appointed by the Governor with the advice and consent of the Senate. One member shall be a member of the political party whose candidate received the largest number of votes at the most recent gubernatorial election; one member shall be a member of the political party whose candidate received the next largest number of votes at the most recent gubernatorial election; and one member shall not be a member of either of those political parties. The members shall be appointed for terms of three years, except that of the members first appointed to the commission, one shall be appointed for a term of one year and one shall be appointed for a term of two years. Vacancies shall be filled in the same manner as the original appointment but for the unexpired term only. The members shall serve without compensation, but shall be reimbursed for necessary expenses actually incurred in the performance of their duties. The commission shall annually select a chairman from among its members.

    3. The Election Law Enforcement Commission shall make its staff and other office resources available to the commission for the discharge of the duties and responsibilities imposed on the commission by this act.

    4. a. The commission shall receive and review any complaint that a candidate, candidate committee, joint candidates committee, political committee, continuing political committee, political party committee, or legislative leadership committee, as defined in section 3 of P.L.1973, c.83 (C.19:44A-4), or any other person, is presenting or sponsoring, or has presented or sponsored, advertising of any kind which contains any false statement of material fact about a candidate with knowledge that the statement is false or with reckless disregard for whether it is false. If the commission determines that a candidate, a committee, or a person is presenting or sponsoring, or has presented or sponsored, advertising containing such a statement, the candidate, committee, or person shall be liable to a penalty of $5,000 for the first offense and $10,000 for each subsequent offense. The penalty shall be paid into the General Fund and shall be enforceable in a summary proceeding under the "penalty enforcement law" (N.J.S.2A:58-1 et seq.). An appeal from a decision of the commission may be brought by filing an action in the Law Division of the Superior Court.

    b. Payment of a $100 filing fee shall be made by the candidate, or candidate committee or joint candidates committee, filing a complaint or on whose behalf a complaint is filed, at the time of the filing of a complaint with the commission.

    c. As used in this section, "material fact" means a fact about a candidate for nomination or election to a State or local elective public office which has real importance or significant consequences in regard to how a reasonably prudent person views that candidate and includes, but is not limited to, the following facts about a candidate: the titles of any offices held or previously held, status as an incumbent, academic degrees or certificates held, the dates or location of education or training, criminal history, mental health history, military record, voting record or endorsements by others, the candidate's qualifications for office, the candidate's position on an issue which is or has been under public discussion.

    5. The commission may promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act.

    6. This act shall take effect immediately.

STATEMENT

    This bill creates a Truth-in Campaign Commission consisting of three members appointed by the Governor with the advice and consent of the Senate. The commission shall receive and review any complaint that a candidate, candidate committee, joint candidates committee, political committee, continuing political committee, political party committee, or legislative leadership committee, as defined in section 3 of P.L.1973, c.83 (C.19:44A-4), or any other person, is presenting or sponsoring, or has presented or sponsored, advertising of any kind which contains any false statement of material fact about a candidate with knowledge that the statement is false or with reckless disregard for whether it is false. If the commission determines that a candidate, a committee, or a person is presenting or sponsoring, or has presented or sponsored, advertising containing such a statement, the candidate, committee, or person shall be liable to a penalty of $5,000 for the first offense and $10,000 for each subsequent offense.

    The bill also provides that payment of a filing fee of $100 shall be made at the time of filing a complaint, and that the Election Law Enforcement Commission shall make its staff and other office resources available to the Truth-in-Campaign Commission.

Establishes Truth-in-Campaign Commission; provides for review of complaints about false statements in campaign advertising.