Campaign finance requirements for New Jersey ballot measures
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Campaign finance requirements for New Jersey ballot measures are promulgated by the New Jersey Election Law Enforcement Commission. The New Jersey ELEC is the main finance reporting hub for ballot measure campaigns in New Jersey. All campaign finance reports can be viewed online in a searchable database.
If anyone feels that someone violated New Jersey campaign finance laws, a complaint can be filed to the New Jersey Election Law Enforcement Commission. The ELEC reviews all complaints and conducts investigations. If it is found that someone is found guilty by the ELEC of violating campaign finance laws, the ELEC can impose monetary fines for violations. Any campaign finance violations that involve criminal penalties are referred to the appropriate law enforcement agency for prosecution.
General requirements
Approval of campaign acronyms
Any ballot question group in New Jersey who plans to have a acronym used in connection with their campaign must ask for approval from the New Jersey ELEC. The only restriction listed under law is if a another committee is using the same acronym the group must pick a new acronym[1].
Continuing political committee
All ballot question groups aimed at the passage or defeat of ballot questions are considered to be "Continuing Political Committees" defined by New Jersey law. The law also defines a continuing political committee as a group expects to contribute at least $4,900 to aid in the passage or defeat of a ballot question[2].
New Jersey ELEC Certification
All groups aimed at the passage or defeat of a ballot question must be registered and approved by ELEC. Once registered with the ELEC, a group must be approved before starting any campaign activity[3].
Statement of Organization
Within ten days of approval from the New Jersey ELEC, a group must file a two part Statement of Organization. The two parts include a registration statement of the group and designation of organizational depository form (Form D-4). The D-4 form contains the following information for each organizational depository the continuing political committee has been established[4].
The "48 Hours" rule
Any group that aims the passage or defeat of a ballot question must abide by the "48 Hours" rule. Under this rule groups must report to the ELEC any contributor who has made more than $1,200 in one-time or aggregate contributions on or the date before the election. This must be reported to the New Jersey ELEC within 48 hours of receipt of meeting this threshold[5]. When taking in aggregate contributions, contributions counting to thirteen days before the election must be considered in determining if such compliance is necessary[6].
Also, the "48 Hours" rule applies to campaign expenditures made the day before or after the election totaling over $1,200[7].
Campaign finance requirements
Contribution limits
A ballot question group in New Jersey may accept a contribution from a contributor without limit as ballot question groups are exempt from the contribution chart listed in Statute 19:25-11.2 of the New Jersey Administrative Code[8]. Also, ballot question groups may make contributions without limit to another political committee, or to a continuing political committee[9].
Filing reports
All groups aimed at the passage or defeat of a ballot question must keep orderly financial records and must report all campaign contributions[10]. All campaign finance reporting for ballot question groups must be done on a quarterly basis[11].
Retention clause
All campaign finance reports must be kept on hand in New Jersey for exactly four years from after the date of the election or the date of the transaction whichever is longer[12].
Reporting requirements and types
In New Jersey, all ballot question groups must file campaign finance reports on a quarterly basis as they are treated differently from candidates and candidate committees on reporting deadlines.
April 15 report
The April 15 report is the first campaign finance report for a ballot question group in the State of New Jersey. The April 15 report takes into account all contributions received and expenditures made with the first transaction occurring on or after January 1st, the first date of the filing period ending with the last transaction occurring on March 31st which is the last date of the filing period. The first quarterly report is due on April 15th[13].
July 15 report
The July 15 report is the second campaign finance report for a ballot question group in the State of New Jersey. The July 15 report takes into account all contributions received and expenditures made with the first transaction occurring on or after April 1st, the first date of the filing period ending with the last transaction occurring on June 30th which is the last date of the filing period. The second quarterly report is due on July 15th[14]. .
October 15 Pre-Election report
The October 15 pre-election report is considered the last campaign finance report for a ballot question group in the State of New Jersey before an election. The October 15th pre-election report takes into account all contributions received and expenditures made with the first transaction occurring on or after July 1st, the first date of the filing period with the last transaction occurring on September 30th which is the last date of the filing period. The pre-election report is due on October 15th[15].
January 15 Post-Election report
The January 15 post-election report is considered the last campaign finance report for a ballot question group in the State of New Jersey after the election. The January 15 post-election report takes into account all contributions received and expenditures made with the first transaction occurring on or after October 1st, the first date of the filing period with the last transaction occurring on December 31st which is the last date of the filing period. The post-election report is due on January 15th[16].
Campaign advertising restrictions
In New Jersey, the only restriction on campaign advertisements is that it must disclose who paid for the ad on the bottom of the advertisment. However, all ballot question groups are required to maintain advertising records for at least two years with the person or persons creating the ads. Lastly, when disclosing advertisement expenditures in campaign finance reporting forms the campaign must disclose the contact information of the ad agency who created the ad along with the registered depository bank where the funds were stored to pay for the advertisements[17].
Disbanding a committee
Under New Jersey law, a committee can be disbanded if:
- The group ceased making contributions to aid or promote the passage or defeat of any ballot question.
- The final quarterly report makes a final accounting of any funds used or relating to aiding the passage or defeat of a ballot question, including the final disposition of any remaining balance.
- The committee is dissolved.
The campaign chairperson and candidate must certify this in the final report[18].
External links
References
- ↑ "New Jersey ELEC" New Jersey Campaign Finance Law(Referenced Statute New Jersey Administrative Code 19:25-4.8)
- ↑ "New Jersey ELEC" New Jersey Campaign Finance Law(Referenced Statute New Jersey Administrative Code 19:25-1.7 Under "Continuing Political Committee definition")
- ↑ "New Jersey ELEC" New Jersey Campaign Finance Law(Referenced Statute New Jersey Administrative Code 19:25-4.5(a))
- ↑ "New Jersey ELEC" New Jersey Campaign Finance Law(Referenced Statute New Jersey Administrative Code 19:25-4.5(b))
- ↑ "New Jersey ELEC" New Jersey Campaign Finance Law(Referenced Statute New Jersey Administrative Code 19:25-9.3(a))
- ↑ "New Jersey ELEC" New Jersey Campaign Finance Law(Referenced Statute New Jersey Administrative Code 19:25-9.3(b))
- ↑ "New Jersey ELEC" New Jersey Campaign Finance Law(Referenced Statute New Jersey Administrative Code 19:25-9.4)
- ↑ "New Jersey ELEC" New Jersey Campaign Finance Law(Referenced Statute New Jersey Administrative Code 19:25-11.2)
- ↑ "New Jersey ELEC" New Jersey Campaign Finance Law(Referenced Statute New Jersey Administrative Code 19:25-11.6)
- ↑ "New Jersey ELEC" New Jersey Campaign Finance Law(Referenced Statute New Jersey Administrative Code 19:25-7.1)
- ↑ "New Jersey ELEC" New Jersey Campaign Finance Law(Referenced Statute New Jersey Administrative Code 19:25-9.1(a))
- ↑ "New Jersey ELEC" New Jersey Campaign Finance Law(Referenced Statute New Jersey Administrative Code 19:25-7.3)
- ↑ "New Jersey ELEC" New Jersey Campaign Finance Law(Referenced Statute New Jersey Administrative Code 19:25-9.1(a)(1))
- ↑ "New Jersey ELEC" New Jersey Campaign Finance Law(Referenced Statute New Jersey Administrative Code 19:25-9.1(a)(2))
- ↑ "New Jersey ELEC" New Jersey Campaign Finance Law(Referenced Statute New Jersey Administrative Code 19:25-9.1(a)(3))
- ↑ "New Jersey ELEC" New Jersey Campaign Finance Law(Referenced Statute New Jersey Administrative Code 19:25-9.1(a)(4))
- ↑ "New Jersey ELEC" New Jersey Campaign Finance Law(Referenced Statute New Jersey Administrative Code 19:25-13.2(a)(b))
- ↑ "New Jersey ELEC" New Jersey Campaign Finance Law(Referenced Statute New Jersey Administrative Code 19:25-9.5))
