New Jersey § 19:27a-17

§ 19:27a-17.

a. Except as otherwise provided in this section, a recall committee shall be treated

as a candidate committee for the purposes of “The New Jersey Campaign Contributions

and Expenditures Reporting Act,” P.L.1973, c. 83 ( C.19:44A-1 et seq. ), except that all contributions received by a recall committee shall be used only

for (1) the payment of campaign expenses incurred in the course of and directly related

to the committee's effort to promote the recall or the passage of the question of

recall at the recall election, (2) the payment of overhead and administrative expenses

related to the operation of the committee, or (3) the pro-rata repayment of contributors. b. Except as provided in subsection c. of this section: (1) an elected official sought to be recalled who receives contributions and makes

expenditures for the purpose of opposing a recall effort shall establish a “recall

defense committee,” which shall be separate from, but subject to the same organizational

and filing requirements and limitations on the receipt of contributions applicable

to, any candidate committee under “The New Jersey Campaign Contributions and Expenditures

Reporting Act,” P.L.1973, c. 83 ( C.19:44A-1 et seq. ), except that a recall defense committee shall be permitted to receive without limit

contributions from the candidate committee or joint candidates committee of the elected

official sought to be recalled. A recall defense committee, for all purposes relating to campaign finance, shall

be in addition to any candidate committee or joint candidates committee which an official

sought to be recalled may by law establish. If an elected official sought to be recalled transfers funds from the official's

candidate committee or joint candidates committee to the official's recall defense

committee, a new election cycle shall be deemed to begin with respect to the candidate

committee or joint candidates committee after the recall election is held or the recall

effort fails and such official shall be permitted to solicit and receive contributions

thereto, including contributions from prior contributors, up to the limits imposed

by P.L.1973, c. 83 ( C.19:44A-1 et seq. ). A recall defense committee may be formed at any time after an official sought to

be recalled is served with either form of notice provided for by subsection e. of

this section. All contributions received by a recall defense committee shall be used only for

(a) the payment of campaign expenses incurred in the course of and directly related

to the committee's effort to oppose the recall effort or the passage of the question

of recall at the recall election, (b) the payment of the overhead and administrative

expenses related to the operation of the committee, or (c) the pro-rata repayment

of contributors; and (2) any nominee to succeed that elected official shall be treated as a candidate for

the purposes of “The New Jersey Campaign Contributions and Expenditures Reporting

Act,” P.L.1973, c. 83 ( C.19:44A-1 et seq. ). c. The limits on contributions established by 2 U.S.C. s.441a shall apply to a federal elected official sought to be recalled, a candidate to succeed

such an official and a recall committee seeking to recall a federal elected official. d. A Governor who is sought to be recalled shall not be entitled to public support

pursuant to P.L.1974, c. 26 ( C.19:44A-27 et seq. ) for the purpose of opposing the recall effort. e. Neither a recall committee nor a recall defense committee shall solicit or accept

contributions in connection with a recall effort until after either: (1) the recall

committee serves written notice of the recall effort on the official sought to be

recalled by personal service or certified mail, with a copy thereof filed with the

recall election official; or (2) a copy of an approved notice of intention is served

on the official sought to be recalled as provided in subsection b. of section 7 of

this act. 1 If a recall committee notifies an official sought to be recalled of its intention

to initiate a recall effort by the method described in paragraph (1) of this subsection,

it must file a notice of intention within 30 days of the date the notice is served

on the official or cease the solicitation, acceptance and expenditure of funds. f. Contributions to a recall committee by a candidate committee or joint candidates

committee of a candidate who was defeated by the official sought to be recalled at

the last election for that office shall be subject to the limits on contributions

established by “The New Jersey Campaign Contributions and Expenditures Reporting Act,”

P.L.1973, c. 83 ( C.19:44A-1 et seq. ). g. A recall committee shall submit, at the time of its initial filing with the Election

Law Enforcement Commission, in addition to its depository account registration information,

a registration statement which includes: (1) the complete name or identifying title of the committee and the general category

of entity or entities, including but not limited to business organizations, labor

organizations, professional or trade associations, candidates for or holders of public

offices, political parties, ideological groups or civic associations, the interests

of which are shared by the leadership, members, or financial supporters of the committee; (2) the mailing address of the committee and the name and resident address of a resident

of this State who shall have been designated by the committee as its agent to accept

service of process; and (3) a descriptive statement prepared by the organizers or officers of the committee

that identifies: (a) the names and mailing addresses of the persons having control over the affairs

of the committee, including but not limited to persons in whose name or at whose direction

or suggestion the committee solicits funds; (b) the name and mailing address of any person not included among the persons identified

under subparagraph (a) of this paragraph who, directly or through an agent, participated

in the initial organization of the committee; (c) in the case of any person identified under subparagraph (a) or subparagraph (b)

who is an individual, the occupation of that individual, the individual's home address,

and the name and mailing address of the individual's employer, or, in the case of

any such person which is a corporation, partnership, unincorporated association, or

other organization, the name and mailing address of the organization; and (d) any other information which the Election Law Enforcement Commission may, under

such regulations as it shall adopt pursuant to the provisions of the “Administrative

Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), require as being material to the fullest possible disclosure of the economic, political

and other particular interests and objectives which the committee has been organized

to or does advance. The commission shall be informed, in writing, of any change in the information required

by this paragraph within three days of the occurrence of the change. h. In accordance with the Election Law Enforcement Commission's regular reporting

schedule, the commission may, by regulation, require a recall committee or a recall

defense committee to file during any calendar year one or more additional cumulative

reports of such contributions received and expenditures made to ensure that no more

than three months shall elapse between the last day of a period covered by one such

report and the last day of the period covered by the next such report. 1

N.J.S.A. § 19:27A-7.