Bill Text: NJ A275 | 2010-2011 | Regular Session | Introduced
Bill Title: Prohibits campaign contributions between county party committees; makes such contributions a third degree crime; increases to third degree crimes certain other campaign finance offenses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly State Government Committee [A275 Detail]
Download: New_Jersey-2010-A275-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman DAVID C. RUSSO
District 40 (Bergen, Essex and Passaic)
SYNOPSIS
Prohibits campaign contributions between county party committees; makes such contributions a third degree crime; increases to third degree crimes certain other campaign finance offenses.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning campaign contributions, amending and supplementing P.L.1973, c.83 (C.19:44A-1 et seq.) and repealing section 13 of P.L.2004, c.19 (C.19:44A-11.3a).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) Notwithstanding any law, rule or regulation to the contrary, no county committee of a political party shall make a contribution of money or other thing of value to any other such committee, nor shall any such committee accept a contribution from a county committee of a political party.
In addition to any other penalty provided by law, the presiding officer and treasurer of a county committee that willfully and intentionally violates this section is guilty of a crime of the third degree.
2. Section 21 of P.L.1973, c.83 (C.19:44A-21) is amended to read as follows:
21. a. (1) Any person who purposely and with intent to conceal or misrepresent contributions given or received or expenditures made or incurred to aid or promote the nomination, election or defeat of any candidate for public office or party position, or to aid or promote the passage or defeat of a public question in any election, or to aid the dissemination of political information in connection with any election makes or accepts any contribution or makes or incurs any expenditure in violation of section 7, 11 or 20 of this act is guilty of a crime of the [fourth] third degree.
(2) Any person who makes a contribution of money or other thing of value to a committee of any type with intent to circumvent the limits on such contributions provided by P.L.1973, c.83 (C.19:44A-1 et seq.) or who attempts to conceal a contribution of money or other thing of value to such a committee is guilty of a crime of the third degree.
b. Any person who purposely files or prepares or assists in the preparation for filing or purposely acquiesces in the preparation or filing of any report required under this act which the person knows is false, inaccurate or incomplete in any material particular; or who purposely fails or refuses to file any such report when required to do so pursuant to the provisions of this act; or who purposely supplies any information which he knows to be false, inaccurate or incomplete to any person preparing or assisting in the preparation of any such report, with the knowledge that such information is intended for the purposes of such report, is guilty of a crime of the [fourth] third degree.
c. The nomination for or election to any office of any candidate who is guilty of any violation within the description of subsection a. or b. of this section shall be void, and the office shall be filled as required by law in the case of a vacancy; provided, however, that nothing herein contained shall be construed in derogation of the constitutional authority of either House of the Legislature to be the judge of the election and qualification of its own members.
d. Any individual, partnership, membership organization or other association who or which, directly or through an agent, purposely makes a loan or advance of money or other thing of value in violation of section 11 or section 20 of P.L.1973, c.83 (C.19:44A-11 or C.19:44A-20) is guilty of a crime of the [fourth] third degree.
e. Any individual, partnership, membership organization or other association who or which purposely makes a contribution as a result of having been induced to do so through the receipt, promise or offer of a loan or advance of money or other thing of value, the making of which loan or advance would constitute a violation of section 11 or section 20 of P.L.1973, c.83 (C.19:44A-11 or C.19:44A-20), is guilty of a crime of the [fourth] third degree.
(cf: P.L.1993, c.65, s.12)
3. Section 13 of P.L.2004, c.19 (C.19:44A-11.3a) is repealed.
4. This act shall take effect immediately.
STATEMENT
This bill provides that no county committee of a political party may make a contribution of money or other thing of value to any other such committee, nor may any such committee accept a contribution from a county committee of a political party.
The bill states that in addition to any other penalty provided by law, the presiding officer and treasurer of a county committee that willfully and intentionally violates this provision is guilty of a crime of the third degree. A crime of the third degree carries a penalty of between three and five years of imprisonment and a fine of up to $15,000.
The bill also provides that a person who makes a contribution of money or other thing of value to a committee of any type with intent to circumvent the limits on such contributions provided by P.L.1973, c.83 (C.19:44A-1 et seq.) or who attempts to conceal a contribution of money or other thing of value to such a committee is guilty of a crime of the third degree.
In addition, the bill upgrades the penalties for the concealment and misrepresentation of all other types of campaign contributions or expenditures from a crime of the fourth degree to a crime of the third degree.
The bill repeals N.J.S.A.19:44A-11.3a, which would prohibit certain contributions between county committees beginning on January 1, 2006.
