Bill Text: NJ A1340 | 2012-2013 | Regular Session | Introduced
Bill Title: Prohibits use of campaign funds by candidate or legislative leader convicted of crime; requires that such funds be paid to ELEC for enforcement purposes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly State Government Committee [A1340 Detail]
Download: New_Jersey-2012-A1340-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman DAVID P. RIBLE
District 30 (Monmouth and Ocean)
SYNOPSIS
Prohibits use of campaign funds by candidate or legislative leader convicted of crime; requires that such funds be paid to ELEC for enforcement purposes.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act prohibiting the use of campaign funds by a candidate or legislative leader convicted of a crime and amending P.L.1993, c.65.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 17 of P.L.1993, c.65 (C.19:44A-11.2) is amended to read as follows:
17. a. All contributions received by a candidate, candidate committee, a joint candidates committee or a legislative leadership committee shall be used only for the following purposes:
(1) the payment of campaign expenses;
(2) contributions to any charitable organization described in section 170(c) of the Internal Revenue Code of 1954, as amended or modified, or nonprofit organization which is exempt from taxation under section 501(c) of the Internal Revenue Code of 1954;
(3) transmittal to another candidate, candidate committee, or joint candidates committee, or to a political committee, continuing political committee, legislative leadership committee or political party committee, for the lawful use by such other candidate or committee;
(4) the payment of the overhead and administrative expenses related to the operation of the candidate committee or joint candidates committee of a candidate or a legislative leadership committee;
(5) the pro rata repayment of contributors; or
(6) the payment of ordinary and necessary expenses of holding public office.
As used in this subsection, "campaign expenses" means any expense incurred or expenditure made by a candidate, candidate committee, joint candidates committee or legislative leadership committee for the purpose of paying for or leasing items or services used in connection with an election campaign, other than those items or services which may reasonably be considered to be for the personal use of the candidate, any person associated with the candidate or any of the members of a legislative leadership committee.
b. No contribution received by a candidate or by the candidate committee or joint candidates committee of a candidate may be used for the payment of the expenses arising from the furnishing, staffing or operation of an office used in connection with that person's official duties as an elected public official.
c. Any funds remaining in the campaign depository of a candidate's candidate committee or joint candidates committee upon the death of the candidate shall be used only for one or more of the purposes established in subsection a. of this section by the committee's organizational treasurer or deputy treasurer or whoever has control of the depository upon the death of the candidate.
d. No contribution received by a candidate, or by the candidate committee or joint candidates committee of a candidate, or a legislative leadership committee shall be used for any purpose permitted under this section, except for the purposes specified in paragraphs (4) or (5) of subsection a. of this section or in paragraph (1) of subsection a. of this section for the payment of campaign expenses already incurred, from the date the candidate or legislative leader is 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. Such funds shall be forfeited and paid into the special fund established by this subsection.
There is established within the Department of the Treasury a special fund to be known as the "Election Law Enforcement Commission Enhanced Enforcement Fund" into which shall be paid, pursuant to this subsection, campaign contributions received from a person convicted of a crime which are forfeited pursuant to this subsection. Monies in the fund shall be appropriated exclusively to the Election Law Enforcement Commission for enhanced enforcement of the provisions of "The New Jersey Campaign Contributions and Expenditures Reporting Act," P.L.1973, c.83 (C.19:44A-1 et seq.).
(cf: P.L.1993, c.65, s.17)
2. This act shall take effect immediately.
STATEMENT
This bill prohibits use of campaign contributions of a candidate committee or legislative leadership committee for any permitted purpose, except for the payment of overhead and administrative expenses of the committee, the repayment of contributions and the payment of campaign expenses already incurred, from the date the candidate or legislative leader is 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. The contributions will be forfeited and paid into a special fund to be known as the "Election Law Enforcement Commission Enhanced Enforcement Fund." Monies in the fund will be appropriated exclusively to the Election Law Enforcement Commission for enhanced enforcement of the campaign finance laws. Under current law, a legislative leader is the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly and the Minority Leader of the General Assembly.
