Bill Text: NJ A1148 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires campaign contribution to be accompanied by certification that contributor has not been convicted of crime.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly State Government Committee [A1148 Detail]
Download: New_Jersey-2010-A1148-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman DAVID P. RIBLE
District 11 (Monmouth)
Co-Sponsored by:
Assemblyman Thompson
SYNOPSIS
Requires campaign contribution to be accompanied by certification that contributor has not been convicted of crime.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning campaign contributions and amending P.L.1973, c.83.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 11 of P.L.1973, c.83 (C.19:44A-11) is amended to read as follows:
11. No contribution of money or other thing of value, nor obligation therefor, including but not limited to contributions, loans or obligations of a candidate himself or of his family, shall be made or received, and no expenditure of money or other thing of value, nor obligation therefor, including expenditures, loans or obligations of a candidate himself or of his family, shall be made or incurred, directly or indirectly, to support or defeat a candidate in any election, or to aid the passage or defeat of any public question, except through:
a. The duly appointed campaign treasurer or deputy campaign treasurers of the candidate committee or joint candidates committee;
b. The duly appointed organizational treasurer or deputy organizational treasurers of a political party committee or a continuing political committee;
c. The duly appointed campaign treasurer or deputy campaign treasurers of a political committee; or
d. The duly appointed organizational treasurer or deputy organizational treasurer of a legislative leadership committee.
It shall be lawful, however, for any person, not acting in concert with any other person or group, to expend personally from his own funds a sum which is not to be repaid to him for any purpose not prohibited by law, or to contribute his own personal services and personal traveling expenses, to support or defeat a candidate or to aid the passage or defeat of a public question; provided, however, that any person making such expenditure shall be required to report his or her name and mailing address and the amount of all such expenditures and expenses, except personal traveling expenses, if the total of the money so expended, exclusive of such traveling expenses, exceeds $500, and also, where the person is an individual, to report the individual's occupation and the name and mailing address of the individual's employer, to the Election Law Enforcement Commission at the same time and in the same manner as a political committee subject to the provisions of section 8 of this act. Such expenditure made during the period between the 13th day prior to the election and the date of the election shall be filed in writing or by telegram within 48 hours of the making, incurring or authorization of the expenditure and shall set forth the name and mailing address of the person, firm or organization to whom or which the expenditure was paid and the amount and purpose of the expenditure.
No contribution of money shall be made in currency, except contributions in response to a public solicitation, provided that cumulative currency contributions of up to $200 may be made to a candidate committee or joint candidates committee, a political committee, a continuing political committee, a legislative leadership committee or a political party committee if the contributor submits with the currency contribution a written statement of a form as prescribed by the commission, indicating the contributor's name, mailing address and occupation and the amount of the contribution, including the contributor's signature and the name and mailing address of the contributor's employer. Adjustments to the $200 limit established in this paragraph which have been made by the Election Law Enforcement Commission, pursuant to section 22 of P.L.1993, c.65 (C.19:44A-7.2), prior to the effective date of P.L.2004, c.28 are rescinded. The $200 limit established in this paragraph shall remain as stated in this paragraph without further adjustment by the commission in the manner prescribed by section 22 of P.L.1993, c.65 (C.19:44A-7.2).
Any anonymous contribution received by a campaign treasurer or deputy campaign treasurer shall not be used or expended, but shall be returned to the donor, if his identity is known, and if no donor is found, the contribution shall escheat to the State.
No person, partnership or association, either directly or through an agent, shall make any loan or advance, the proceeds of which that person, partnership or association knows or has reason to know or believe are intended to be used by the recipient thereof to make a contribution or expenditure, except by check or money order identifying the name, mailing address and occupation or business of the maker of the loan, and, if the maker is an individual, the name and mailing address of that individual's employer; provided, however, that such loans or advances to a single individual, up to a cumulative amount of $50 in any calendar year, may be made in currency.
Each contribution for which the name of the contributor is required to be reported pursuant to the provisions of P.L.1973, c.83 (C.19:44A-1 et seq.) shall be accompanied with a certification that the contributor has not been convicted of a crime of the fourth through first degree under the laws of this State, or of a crime in another jurisdiction which would be such a crime if committed under the laws of this State, in addition to any other information concerning the contributor otherwise required.
(cf: P.L.2004, c.33, s.2)
2. This act shall take effect immediately.
STATEMENT
This bill requires each campaign contribution for which the name of the contributor is required to be reported to the Election Law Enforcement Commission to be accompanied with a certification stating that the contributor has not been convicted of a crime of the fourth through first degree under the laws of this State, or of a crime in another jurisdiction which would be such a crime if committed under the laws of this State.
