New Jersey § 19:44a-3

§ 19:44a-3.

As used in this act, unless a different meaning clearly appears from the context: a. (Deleted by amendment, P.L.1993, c. 65 .) b. (Deleted by amendment, P.L.1993, c. 65 .) c. The term “ candidate ” means: (1) an individual seeking election to a public office of the State or of

a county, municipality or school district at an election; except that the term shall

not include an individual seeking party office; (2) an individual who shall have

been elected or failed of election to an office, other than a party office, for which

he sought election and who receives contributions and makes expenditures for any of

the purposes authorized by section 17 of P.L.1993, c. 65 ( C.19:44A-11.2 ) during the period of his service in that office; and (3) an individual who has

received funds or other benefits or has made payments solely for the purpose of determining

whether the individual should become a candidate as defined in paragraphs (1) and

(2) of this subsection. d. The terms “ contributions ” and “ expenditures ” include all loans and transfers of money or other thing of value to or by any candidate,

candidate committee, joint candidates committee, political committee, continuing political

committee, independent expenditure committee, political party committee or legislative

leadership committee, and all pledges or other commitments or assumptions of liability

to make any such transfer; and for purposes of reports required under the provisions

of this act shall be deemed to have been made upon the date when such commitment is

made or liability assumed. e. The term “ election ” means any election described in section 4 of this act. f. The term “ paid personal services ” means personal, clerical, administrative or professional services of every kind

and nature including, without limitation, public relations, research, legal, canvassing,

telephone, speech writing or other such services, performed other than on a voluntary

basis, the salary, cost or consideration for which is paid, borne or provided by someone

other than the committee, candidate or organization for whom such services are rendered. In determining the value, for the purpose of reports required under this act, of

contributions made in the form of paid personal services, the person contributing

such services shall furnish to the treasurer through whom such contribution is made

a statement setting forth the actual amount of compensation paid by said contributor

to the individuals actually performing said services for the performance thereof. But if any individual or individuals actually performing such services also performed

for the contributor other services during the same period, and the manner of payment

was such that payment for the services contributed cannot readily be segregated from

contemporary payment for the other services, the contributor shall in his statement

to the treasurer so state and shall either (1) set forth his best estimate of the

dollar amount of payment to each such individual which is attributable to the contribution

of his paid personal services, and shall certify the substantial accuracy of the same,

or (2) if unable to determine such amount with sufficient accuracy, set forth the

total compensation paid by him to each such individual for the period of time during

which the services contributed by him were performed. If any candidate is a holder of public office to whom there is attached or assigned,

by virtue of said office, any aide or aides whose services are of a personal or confidential

nature in assisting him to carry out the duties of said office, and whose salary or

other compensation is paid in whole or part out of public funds, the services of such

aide or aides which are paid for out of public funds shall be for public purposes

only; but they may contribute their personal services, on a voluntary basis, to such

candidate for election campaign purposes. g. (Deleted by amendment, P.L.1983, c. 579.) h. The term “ political information ” means any statement including, but not limited to, press releases, pamphlets, newsletters,

advertisements, flyers, form letters, Internet or digital advertisements, or radio

or television programs or advertisements which reflects the opinion of the members

of the organization on any candidate or candidates for public office, on any public

question, or which contains facts on any such candidate, or public question whether

or not such facts are within the personal knowledge of members of the organization. i. The term “ political committee ” means any two or more persons acting jointly, or any corporation, partnership, or

any other incorporated or unincorporated association which is organized to, or does,

aid or promote the nomination, election or defeat of any candidate or candidates for

public office, or which is organized to, or does, aid or promote the passage or defeat

of a public question in any election, if the persons, corporation, partnership or

incorporated or unincorporated association raises or expends $2,400 or more to so

aid or promote the nomination, election or defeat of a candidate or candidates or

the passage or defeat of a public question; provided that for the purposes of this

act, the term “ political committee ” shall not include a “continuing political committee,” as defined by subsection n.

of this section, a “political party committee,” as defined by subsection p. of this

section, a “candidate committee,” as defined by subsection q. of this section, a “joint

candidates committee,” as defined by subsection r. of this section, a “legislative

leadership committee,” as defined by subsection s. of this section, or an “independent

expenditure committee,” as defined by subsection t. of this section. j. The term “ public solicitation ” means any activity by or on behalf of any candidate, political committee, continuing

political committee, candidate committee, joint candidates committee, legislative

leadership committee, independent expenditure committee, or political party committee

whereby either (1) members of the general public are personally solicited for cash

contributions not exceeding $20.00 from each person so solicited and contributed on

the spot by the person so solicited to a person soliciting or through a receptacle

provided for the purpose of depositing contributions, or (2) members of the general

public are personally solicited for the purchase of items having some tangible value

as merchandise, at a price not exceeding $20.00 per item, which price is paid on the

spot in cash by the person so solicited to the person so soliciting, when the net

proceeds of such solicitation are to be used by or on behalf of such candidate, political

committee, continuing political committee, candidate committee, joint candidates committee,

legislative leadership committee, independent expenditure committee, or political

party committee. k. The term “ testimonial affair ” means an affair of any kind or nature including, without limitation, cocktail parties,

breakfasts, luncheons, dinners, dances, picnics or similar affairs directly or indirectly

intended to raise campaign funds in behalf of a person who holds, or who is or was

a candidate for nomination or election to a public office in this State, or directly

or indirectly intended to raise funds in behalf of any political party committee or

in behalf of a political committee, continuing political committee, candidate committee,

joint candidates committee, independent expenditure committee, or legislative leadership

committee. l . The term “ other thing of value ” means any item of real or personal property, tangible or intangible, but shall not

be deemed to include personal services other than paid personal services. m. The term “ qualified candidate ” means: (1) Joint candidates for election to the offices of Governor and Lieutenant Governor

whose names appear on the general election ballot; who have deposited and expended $490,000 pursuant to section 7 of P.L.1974, c. 26 ( C.19:44A-32 ); and who, not later than September 1 preceding a general election in which the

offices of Governor and Lieutenant Governor are to be filled, (a) notify the Election

Law Enforcement Commission in writing that the candidates intend that application

will be made on the candidates' behalf for monies for general election campaign expenses

under subsection b. of section 8 of P.L.1974, c. 26 ( C.19:44A-33 ), and (b) sign a statement of agreement, in a form to be prescribed by the commission,

to participate in interactive gubernatorial election debates under the provisions

of sections 9 through 11 of P.L.1989, c. 4 ( C.19:44A-45 through C.19:44A-47 ); or (2) Joint candidates for election to the offices of Governor and Lieutenant Governor

whose names do not appear on the general election ballot; who have deposited and

expended $490,000 pursuant to section 7 of P.L.1974, c. 26 ( C.19:44A-32 ); and who, not later than September 1 preceding a general election in which the

offices of Governor and Lieutenant Governor are to be filled, (a) notify the Election

Law Enforcement Commission in writing that the candidates intend that application

will be made on the candidates' behalf for monies for general election campaign expenses

under subsection b. of section 8 of P.L.1974, c. 26 ( C.19:44A-33 ), and (b) sign a statement of agreement, in a form to be prescribed by the commission,

to participate in interactive gubernatorial election debates under the provisions

of sections 9 through 11 of P.L.1989, c. 4 ( C.19:44A-45 through C.19:44A-47 ); or (3) Any candidate for nomination for election to the office of Governor whose name

appears on the primary election ballot; who has deposited and expended $490,000 pursuant to section 7 of P.L.1974, c. 26 ( C.19:44A-32 ); and who, not later than the last day for filing petitions to nominate candidates

to be voted upon in a primary election for a general election in which the office

of Governor is to be filled, (a) notifies the Election Law Enforcement Commission

in writing that the candidate intends that application will be made on the candidate's

behalf for monies for primary election campaign expenses under subsection a. of section

8 of P.L.1974, c. 26 ( C.19:44A-33 ), and (b) signs a statement of agreement, in a form to be prescribed by the commission,

to participate in two interactive gubernatorial primary debates under the provisions

of sections 9 through 11 of P.L.1989, c. 4 ( C.19:44A-45 through C.19:44A-47 ); or (4) Any candidate for nomination for election to the office of Governor whose name

does not appear on the primary election ballot; who has deposited and expended $490,000 pursuant to section 7 of P.L.1974, c. 26 ( C.19:44A-32 ); and who, not later than the last day for filing petitions to nominate candidates

to be voted upon in a primary election for a general election in which the office

of Governor is to be filled, (a) notifies the Election Law Enforcement Commission

in writing that the candidate intends that application will be made on the candidate's

behalf for monies for primary election campaign expenses under subsection a. of section

8 of P.L.1974, c. 26 ( C.19:44A-33 ), and (b) signs a statement of agreement, in a form to be prescribed by the commission,

to participate in two interactive gubernatorial primary debates under the provisions

of sections 9 through 11 of P.L.1989, c. 4 ( C.19:44A-45 through C.19:44A-47 ). n. The term “ continuing political committee ” means any group of two or more persons acting jointly, or any corporation, partnership,

or any other incorporated or unincorporated association, including a political club,

political action committee, civic association or other organization, which in any

calendar year contributes or expects to contribute at least $5,500 to the aid or promotion

of the candidacy of an individual, or of the candidacies of individuals, for elective

public office, or the passage or defeat of a public question or public questions,

and which may be expected to make contributions toward such aid or promotion or passage

or defeat during a subsequent election, provided that the group, corporation, partnership,

association or other organization has been determined to be a continuing political

committee under subsection b. of section 8 of P.L.1973, c. 83 ( C.19:44A-8 ); provided that for the purposes of this act, the term “ continuing political committee ” shall not include a “political party committee,” as defined by subsection p. of

this section, a “legislative leadership committee,” as defined by subsection s. of

this section, or an “independent expenditure committee,” as defined by subsection

t. of this section. o . The term “ statement of agreement ” means a written declaration, by a candidate for nomination for election to the office

of Governor, or by joint candidates for election to the offices of Governor and Lieutenant

Governor who intend that application will be made on behalf of the candidate for the

office of Governor to receive monies for the primary election or on behalf of the

candidates for the office of Governor and the office of Lieutenant Governor for general

election campaign expenses under subsection a. or subsection b., respectively, of

section 8 of P.L.1974, c. 26 ( C.19:44A-33 ), that the candidates undertake to abide by the terms of any rules established by

any private organization sponsoring a gubernatorial primary or general election debate,

as appropriate, to be held under the provisions of sections 9 through 11 of P.L.1989,

c. 4 ( C.19:44A-45 through C.19:44A-47 ) and in which the candidates are to participate. The statement of agreement shall include an acknowledgment of notice to the candidates

who sign it that failure on the candidates' part to participate in any of the gubernatorial

debates may be cause for the termination of the payment of such monies on the candidates'

behalf and for the imposition of liability for the return to the commission of such

monies as may previously have been so paid. p. The term “ political party committee ” means the State committee of a political party, as organized pursuant to R.S.19:5-4 , any county committee of a political party, as organized pursuant to R.S.19:5-3 , or any municipal committee of a political party, as organized pursuant to R.S.19:5-2 . q. The term “ candidate committee ” means a committee established pursuant to subsection a. of section 9 of P.L.1973,

c. 83 ( C.19:44A-9 ) for the purpose of receiving contributions and making expenditures. r. The term “ joint candidates committee ” means a committee established pursuant to subsection a. of section 9 of P.L.1973,

c. 83 ( C.19:44A-9 ) by at least two candidates for the same elective public offices in the same election

in a legislative district, county, municipality or school district, but not more candidates

than the total number of the same elective public offices to be filled in that election,

for the purpose of receiving contributions and making expenditures. For the purpose of this subsection: the offices of member of the Senate and members

of the General Assembly shall be deemed to be the same elective public offices in

a legislative district; the offices of member of the board of chosen freeholders

and county executive shall be deemed to be the same elective public offices in a county;

and the offices of mayor and member of the municipal governing body shall be deemed

to be the same elective public offices in a municipality. s. The term “ legislative leadership committee ” means a committee established, authorized to be established, or designated by the

President of the Senate, the Minority Leader of the Senate, the Speaker of the General

Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c. 65 ( C.19:44A-10.1 ) for the purpose of receiving contributions and making expenditures. t. The term “ independent expenditure committee ” means a person organized under section 527 of the federal Internal Revenue Code ( 26 U.S.C. s.527 ) or under paragraph (4) or paragraph (6) of subsection (c) of section 501 of the federal Internal Revenue Code ( 26 U.S.C. s.501 ) that does not fall within the definition of any other organization subject to the

provisions of P.L.1973, c. 83 ( C.19:44A-1 et seq. ), that makes independent expenditures in excess of $7,500, in the aggregate per election . u. The term “ electioneering communication ” means any communication made within 30 days of a primary election and made within 60 days of a municipal,

runoff, school board, special or general election, that mentions a clearly identified

candidate and expressly supports or opposes that candidate or, by virtue of the communication,

is the functional equivalent of express advocacy, meaning the communication is unable

to be interpreted by a reasonable person in any other way than the communication is

supporting or opposing the candidate. An electioneering communication includes any communication that clearly identifies

a public question or referendum, or is the functional equivalent of express advocacy,

meaning the communication is unable to be interpreted by a reasonable person in any

other way than the communication is supporting or opposing the public question or

referendum . v. The term “ independent expenditure ” means an expenditure, which is not coordinated with a candidate or political party, and is

made for the purpose of expressly advocating the election or defeat of a clearly identified

candidate, or that amounts to the functional equivalent of express advocacy. The term “ independent expenditure ” also includes an expenditure made for the purpose of expressly advocating the passage

or defeat of a public question or referendum, or that amounts to the functional equivalent

of express advocacy. An independent expenditure qualifies as the functional equivalent of express advocacy

if it can only be interpreted by a reasonable person as advocating the election or

defeat of a candidate or the passage or defeat of a public question or referendum,

taking into consideration whether the communication mentions a candidate, public question,

or referendum and discusses a candidate's character, qualifications, fitness for office,

position on an issue, or in the case of a public question or referendum, its merits

or lack thereof .