Bill Text: NJ S3167 | 2010-2011 | Regular Session | Introduced
Bill Title: Prohibits certain political activity by members and employees of local boards of education.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2011-12-15 - Withdrawn from Consideration [S3167 Detail]
Download: New_Jersey-2010-S3167-Introduced.html
Sponsored by:
Senator RAYMOND J. LESNIAK
District 20 (Union)
SYNOPSIS
Prohibits certain political activity by members and employees of local boards of education.
CURRENT VERSION OF TEXT
As introduced.
An Act prohibiting certain political activity by members and employees of local boards of education and supplementing Title 18A of the New Jersey Statutes..
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. No member or employee of a local board of education shall:
be a candidate for any elective public office, except that a member of a board of education may seek reelection to that office;
be a candidate for, or hold, any unpaid position or any employment with a political party, organization, or club;
make any contribution, as defined in section 3 of P.L.1973, c.83 (C.19:44A-3), except that a member may make a contribution to the member's own campaign for reelection;
participate in any way in any campaign for elective public office, other than the member's own campaign for reelection, or for any office of a political party, organization, or club;
display campaign material or signs on the member or employee's person, vehicle or property;
permit the member or employee's name to be used on campaign material, except that the campaign material of a member seeking reelection may display that member's name;
distribute, sell or purchase tickets to, or attend, any event sponsored by, or for the benefit of, any candidate for elective public office or political party office, or any political party, organization, or club; or
use the member or employee's official position to influence the political action of another person.
b. No member or employee of a local board of education while present on property owned by, or under the control of, the board, or while present in an official capacity at any other location, shall:
directly or indirectly solicit or accept any contribution, as defined in section 3 of P.L.1973, c.83 (C.19:44A-3);
send or receive any e-mail, text message, or any other type of electronic communication concerning political activity; or
engage in any political activity whatsoever, including, but not limited to, the distribution of campaign materials of any kind.
c. No member or employee of a local board of education shall use board property, including, but not limited to, stationery, stamps, postage meters or similar items, telephones, fax machines, photocopiers, or computers, to send, receive, copy or disseminate campaign materials or any other material of a political nature.
d. Any person who willfully violates any provision of this section is a disorderly person and for each such violation shall be subject to a fine not to exceed $1,000 or imprisonment not to exceed 6 months, or both.
2. This act shall take effect immediately.
STATEMENT
This bill would prohibit a member or employee of a local board of education from being a candidate for any elective public office, except that a member of a board of education may seek reelection to that office. It would prohibit such members and employees from being a candidate for, or holding, any unpaid position or employment with a political party, organization, or club and from making contributions to the campaign of candidates for elective public office or to political committees, continuing political committees, political party committees, or legislative leadership committees. The bill also provides that a member or employee of a board of education cannot participate in any campaign for elective public office, other than a member's own campaign for reelection, or in any campaign for office of a political party, organization, or club. Board members and employees also could not display campaign material or signs on their person, vehicle or property or allow their name to be used on campaign materials. Also prohibited would be the distribution, sale or purchase of tickets to events sponsored by or benefiting candidates for elective public office or party office, or any political party, organization, or club, as well as attending such events. A member or employee would be prohibited from using their official position to influence the political action of another person.
In addition, under the bill no member or employee of a board of education, while present on property owned by, or under the control of, the board, or while present in an official capacity at any other location, could solicit or accept any campaign contribution, send or receive any e-mail, text message, or any other type of electronic communication concerning political activity, or engage in any political activity, including, but not limited to, the distribution of campaign materials of any kind.
Furthermore, under the bill no member or employee of a board of education could use board property, including stationery, stamps, postage meters or similar items, telephones, fax machines, photocopiers, or computers, to send, receive, copy or disseminate campaign materials or any other material of a political nature.
Any person who willfully violates any of the bill's provisions is a disorderly person and for each such violation shall be subject to a fine not to exceed $1,000 or imprisonment not to exceed 6 months, or both.
Certain of the bill's provisions are similar to provisions of the federal Hatch Act which prohibits certain political activity by federal employees and by State and local employees whose positions are federally-funded.
