Bill Text: NJ A4314 | 2012-2013 | Regular Session | Introduced
Bill Title: Expands scope of law prohibiting certain kinds of fraudulent political activity; increases penalty for violations.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2013-06-27 - Introduced, Referred to Assembly State Government Committee [A4314 Detail]
Download: New_Jersey-2012-A4314-Introduced.html
Sponsored by:
Assemblyman SCOTT T. RUMANA
District 40 (Bergen, Essex, Morris and Passaic)
Assemblyman DECLAN J. O'SCANLON, JR.
District 13 (Monmouth)
SYNOPSIS
Expands scope of law prohibiting certain kinds of fraudulent political activity; increases penalty for violations.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning fraudulent campaign practices and amending P.L.1975, c.190.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1975, c.190 (C.19:34-66) is amended to read as follows:
3. No person shall knowingly produce, transmit or disseminate, or direct, order or assist another person to produce, transmit or disseminate, any election advertisement, literature or other mass communication in any medium, including but not limited to newspapers, magazines, printed circulars, television, radio, movies, telephone, telegraph, billboards and signs, which purports to or appears to originate from, or be on behalf of, the campaign of a candidate for public office or party position, for the purpose of impeding the campaign of such candidate while failing to reveal specifically in such communication that he is acting under the instructions of, or on behalf of, another candidate or such other candidate's paid or volunteer campaign staff; provided, however, that this section shall not apply to any owner, manager, editor, publisher, reporter or employee of any newspaper, magazine, periodical or other publication or of any radio or television station who, in the course of his duties, publishes or broadcasts any such advertisement, literature or mass communication.
(cf: P.L.1975, c.190, s.3)
2. Section 5 of P.L.1975, c.190 (C.19:34-68) is amended to read as follows:
5. Any person who shall violate any of the provisions of this act shall be [a disorderly person] guilty of a crime of the third degree.
(cf: P.L.1975, c.190, s.5)
3. This act shall take effect immediately.
STATEMENT
The purpose of this bill is to expand and strengthen the current law that prohibits certain kinds of fraudulent political activity.
Specifically, the bill amends the "Fair Campaign Practices Act" (N.J.S.A.19:34-64 et seq.) to: a) provide that no person can direct, order or assist another person to produce, transmit or disseminate any communication that purports to originate from the campaign of a candidate for public office but is actually for the purpose of impeding the campaign of that candidate; and b) increase the fine and penalty for a violation of the act from a disorderly person's offense to a crime of the third degree.
A person found guilty of a crime of the third degree can expect an ordinary term of imprisonment of between 3 and 5 years, with a presumptive term of 4 years, and a fine of up to $15,000.
