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Election

Law Enforcement Commission EL EC 1973 ELECtronic An Election Law Enforcement Commission Newsletter ISSUE 99 • SEPTEMBER 2017

Comments from the to our State and a pledge to follow his candidate or a political committee has fine example. proven to be the most effective means Chairman of fostering public awareness of and Eric H. Jaso At this juncture in ELEC’s forty-four reducing public skepticism about the year history, I believe it fitting to review current system of financing elections I was deeply honored when Governor the Commission’s original principles for public office.” Christie recently appointed me and purposes. The New Jersey Chairman of the Election Law Legislature created ELEC in 1973, ELEC ‘s primary charge, in short, is to Enforcement Commission upon the amidst campaign-related scandals both establish and enforce campaign-finance resignation of Ronald DeFilippis, who on a State and national level. In New laws and regulations whose purpose is had served as Chairman since 2010. Jersey, United States Attorney Herb to ensure that money and other things Although I have only served with Ron Stern pioneered the aggressive federal of value contributed to state and local since my appointment in March, I can investigation and prosecution of scores political candidates are timely and fully speak for my fellow Commissioners (all of state and local officials. In disclosed, so that voters, the media, of us newly-appointed this year) in Washington, D.C., the federal and other interested parties can voicing my admiration for his government was scarred by Watergate evaluate and judge candidates as well distinguished leadership, command of and other scandals. From those and as their financial supporters. the issues, and genuine personal similar crises emerged a bipartisan devotion to the Commission. Ron saw consensus that political corruption It is therefore no coincidence that the operative word in ELEC is ELEC as a vital institution of our State, thrived in the absence of transparency “enforcement.” ELEC enjoys broad and accountability. and properly recognized the constant investigative powers, and it can refer

contributions of its staff, a team of true criminal acts that its investigators professionals defending the integrity of The Legislature explained the purpose uncover to state or federal authorities New Jersey’s state and local elections. of ELEC: “The State has a compelling for prosecution. ELEC also has the Ron leavened our meetings with his interest in preventing the actuality or authority to impose fines, including experience, wisdom and humor appearance of corruption and in robust financial penalties for the most egregious violations. ELEC will (proudly and frequently reminding us protecting public confidence in continue to use all the tools granted by democratic institutions[.] . . . Accessible other Commissioners, lawyers all, that the Legislature to further its vital he’s an accountant). I take the gavel public disclosure of money and other principles and purposes. from Ron with gratitude for his service things of value given to a candidate for public office by an individual, another

“Furthering the Interest of an Informed Citizenry” COMMISSIONERS: IN THIS ISSUE Eric H. Jaso, Chairman Comments from the Chairman 1 Stephen M. Holden, Commissioner Executive Director’s Thoughts 2 Marguerite T. Simon, Commissioner Information for Treasurers of a Political Party Committee 3 Sponsors of Lieutenant Governor Debate Announce Details 4 Edwin R. Matthews, Legal Counsel How the Gubernatorial Match Process Works 5 Second Legislative District is Top Battleground since 2003 5 General 2017 Public Funds Disbursed 6 Training Seminars & Lobbying Reporting Dates 6 Reporting Dates 7 ELEC-Tronic Newsletter ISSUE 99 • SEPTEMBER 2017 Page 2

Executive Director’s map in place by November, in time for William O. Douglas pronounced the Thoughts the 2018 election. principal of “one person, one vote.”

Jeff Brindle The State of Wisconsin, in turn, This decision set the stage for appealed the decision to the U.S. legislative districts to be drawn based Redistricting Case Supreme Court, and requested a stay on the doctrine of equal Could Trigger Surge of the lower Court’s Order, which was representation. granted January 19, 2017, with the in Campaign Court setting argument for October 3, Since then the U.S. Supreme Court Spending 2017. has been less reticent about ruling in Reprinted from InsiderNJ.com cases involving redistricting. If the U.S. Supreme Court finds The U.S. Supreme Court will take up a gerrymandering for partisan reasons While the Court has ruled in cases case in the fall that could change the to be unconstitutional, it would be involving variations in population way legislative districts are redrawn charting new territory. numbers between voting districts, the and potentially increase the amount thrust recently has involved cases of of money spent on politics by making For most of its history, the Court has racial gerrymandering. legislative elections more competitive. been reluctant to enter into areas it deems a “political question,” with In Shaw v. Reno (1993), the Court In Gill v. Whitford, the High Court will redistricting being one such question. disallowed gerrymandering based on hear a challenge to partisan race unless the government could gerrymandering. Gerrymandering is In fact, it wasn’t until 1960, some 172 demonstrate that it has a compelling an effort to redraw voting district lines years after the Constitution was reason to create minority—majority to benefit one party over the other. ratified, that the Warren Court first congressional districts. The long-time practice is named after took up a question of racial Massachusetts Governor Eldridge malapportionment. If demonstrated that establishing Gerry (pictured), who, in 1812, served Black or Hispanic districts would while the Legislature created a Related to gerrymandering, increase minority representation in salamander-shaped district. malapportionment involves drawing Congress, they would be permitted. district lines based on unequal For example, the U.S. Supreme Court A ruling by the District Court for the representation for the purpose of in Hunt v. Cromartie (2001) upheld Western District of Wisconsin held benefiting one party over the other. racial gerrymandering in North that the statewide legislative district Carolina’s twelfth congressional map configured in 2011 by the In Gomillion v. Lightfoot (1960), a plan district. Republican-controlled Legislature by the City of Tuskegee, Alabama that violated the equal protection clause would have excluded African- Though as often happens in human and First Amendment rights. American voters from the city limits affairs, a good idea is carried too far, was rejected by the U.S. Supreme thereby abused. This explains why In other words, the District Court Court. federal courts are now dealing with a maintained that the partisan handful of cases, from North Carolina gerrymandered map was Finally, in Baker v. Carr (1962), the to Texas, that involve over-populating unconstitutional. High Court considered a case that certain districts with minorities in would have ramifications for every order to create an increase in districts Alleged partisan gerrymandering by voter throughout the nation. For the favorable to the party in power. Maryland Democrats is also being first time, the Court ruled that challenged in federal district court, “reapportionment,” or redistricting While the courts, including the U.S. though that case may be put on hold based on population, was no longer Supreme Court, have not hesitated to pending the outcome of the Supreme off limits as a political question. rule on cases involving racial Court case. gerrymandering, they have been In Wisconsin, the District Court It wasn’t until a year later, though, in more reluctant to engage challenges ordered the Legislature to put a new Gray v. Sanders (1963), that Justice to partisan gerrymandering.

ELEC-Tronic Newsletter ISSUE 99 • SEPTEMBER 2017 Page 3

This is why Gill v. Whitford is viewed ways of raising and spending & Regulations, and Interactive as potentially precedent-setting. campaign related dollars are sure to Campaign Seminar. emerge. It is the first case since Vieth v. If it were me, I would first click onto Jubelirer (2004) that the U.S. Supreme In deciding Gill v. Whitford, the U.S. Reporting Dates. In this way, you will Court will adjudicate the issue of Supreme Court could make the get a sense of when reports must be partisan gerrymandering. In the 2004 redistricting process the domain of filed, which in the case of a political case, the Court could not agree on a the judiciary rather than state party committee is quarterly; January test to determine when partisan legislatures. This could impact overall 15, April 15, July 15, and October 15. gerrymandering becomes on the electoral system, including, but

unconstitutional. not limited to, campaign finance. Next, become familiar with the law by

downloading the “Statutory Authority In Gill v. Whitford, Justice Anthony Because of the significance of this & Regulations” and reading through Kennedy will again likely be the issue, the October 3, 2017 hearing is it. This exercise will lay the deciding vote. While the judges in the worth everyone’s attention. 2004 case ultimately could not settle groundwork for the next step, which on a standard for deciding when Information for is to review the manual applicable to partisan gerrymandering is political party committees. unconstitutional, Justice Kennedy was Treasurers of a the deciding vote in the majority that Political Party The manual provides a summary of agreed the matter was within the Committee requirements, which will reinforce court’s jurisdiction. that which you read in the Statutory By Stephanie Olivo Authority & Regulations, a

If the U.S. Supreme Court does contribution limits chart, and What do you do when you’ve conclude that Wisconsin’s legislative registration and reporting forms. volunteered to be treasurer for a district map is unconstitutional, it will political party committee and you have ramifications not only in terms If you are having difficulty in know little or nothing about New of how redistricting is done but in understanding any part of the law or Jersey’s campaign finance laws? terms of campaign finance. its requirements (the law is complex),

now is the time to contact the The first thing: don’t panic. The New Minimizing partisan gerrymandering Commission. would make legislative elections more Jersey Election Law Enforcement

competitive, thereby increasing Commission (ELEC) has several ways By calling 609-292-8700 or toll free at participation and interest in the to ease you into the job and make for 888-313-ELEC (3532) a live outcome of those contests. This a smooth transition. receptionist will answer your call and interest and increased direct you to the appropriate competitiveness would add another If you have access to a computer, compliance officer. dimension to the field of campaign which most do, take the initial step of

finance. accessing the Commission’s website at The Commission’s trained compliance www.elec.state.nj.us. officers will walk you through the Not only will candidates and political manual and answer any questions parties be driven to raise and spend When doing this, you will be given mounting dollars, but special interests that you may have. several options. Slide the mouse over will be squeezed even more with the candidates and committees tab. pressure to give to both sides in this By speaking with a compliance officer

more competitive atmosphere. areas of complexity can be clarified Additional tabs will appear. They and future problems avoided. include Forms and Instructions, Further, independent groups will Electronic Filing, Contribution Limits, continue to grow, increasing their already formidable clout. And with Reporting Dates, Treasurer Training, more competitive elections, creative Seminar Training, Statutory Authority

ELEC-Tronic Newsletter ISSUE 99 • SEPTEMBER 2017 Page 4

Following your conversation with a sure your committee is functioning compliance officer, he or she may properly. suggest that you attend one of ELEC’s The first gubernatorial debate will be political party committee information The operative word is “ask.” If you held at 7 pm Tuesday, October 10, seminars. These seminars are have questions our staff is available to 2017 at the New Jersey Performing generally held at the Commission’s help. We encourage participation in Arts Center in Newark. The second offices in Trenton, but at request may the political process and we want to gubernatorial debate will be held at 7 be held in various locations make that participation as pain free as pm Wednesday, October 18, 2017 at throughout the State. possible. William Paterson University in Wayne. State law requires the Lieutenant Upcoming training seminars are Sponsors of Governor debate to be held sometime scheduled for 10:00 am on Tuesday, between the two gubernatorial September 26, 2017 and Tuesday, Lieutenant debates. December 12, 2017 in Trenton. Governor Debate Announce Details “The Commission appreciates the Another option is for treasurers to interest and effort of all the sponsors

undergo online training with a test to in organizing these debates, which are A general election debate between follow. This training is mandatory for an integral part of New Jersey’s the two candidates for Lieutenant treasurers of state political party gubernatorial elections,” said Jeff Governor will be held at 8 pm committees but optional for those Brindle, ELEC’s Executive Director. Monday, October 16, 2017, the New serving county and municipal party Jersey Election Law Enforcement committees. “The debates are an important Commission (ELEC) announced today. opportunity for New Jersey voters to

Upon passing the test, a treasurer hear the candidates discuss and The event will be held at the 200-seat training identification number and defend their policy proposals. At the Presentation Hall in the School of certificate will be issued. same time, they are a great chance Communication and Media building for candidates to convince voters that on the campus of Montclair State In certain instances, the outgoing they have the right agendas,” he said. University in Montclair. treasurer of your political party

committee may have left you a mess “These debates are one of the many It will feature Assemblywoman Sheila to clean up. While this doesn’t benefits of the state’s gubernatorial Oliver (D-34) of East Orange, the happen often it does occur. public financing program, which former Assembly Speaker, and Carlos requires candidates taking public Rendo, the Republican mayor of Again, there is no reason to panic. If funds to participate in at least two Woodcliff Lake, Bergen County. this happens, our compliance officers gubernatorial debates,” said Brindle.

will meet with you personally and Both Murphy and Guadagno are Oliver was chosen by Democratic work with you to straighten out participating in the public financing gubernatorial nominee Phil Murphy, whatever issues you may have program. while Rendo was picked by Kimberly inherited. Guadagno, the current Republican

Lieutenant Governor and her party’s As the new treasurer, you are not gubernatorial nominee. responsible or liable for any violations Montclair State University is or mistakes that were incurred during sponsoring the debate along with the term of the previous treasurer. NJTV, WNET and C-SPAN. The group

was among general election debate But in any case, it is worth your while sponsors chosen by ELEC, a to correct previous problems to make bi-partisan Commission, on July 18, 2017.

ELEC-Tronic Newsletter ISSUE 99 • SEPTEMBER 2017 Page 5

How the Second Legislative Since 2003, the second district ranked 1st in spending out of 40 legislative Gubernatorial District is Top districts in three of the seven Match Process Battleground since legislative elections during that span. Works 2003 In five elections, it was one of the top five most expensive campaigns. By Joseph Donohue

By Joseph Donohue The second district is among a handful One aspect of the New Jersey of so-called “swing” or “battleground” Gubernatorial Finance Program that The legislative district that is home to districts that tend to be the most prompts questions is how much Atlantic City’s casinos, Lucy the competitive each election based on participating candidates must raise in Elephant and the birthplace of the voter registration patterns. private contributions to qualify for first American to invent a modern

public matching funds. submarine has a new distinction- Some of the state’s closest races since 2003, it has attracted the most recently have occurred in the district. Under the program, qualifying political spending of any district. candidates can receive two public For instance, Assemblyman Vincent

dollars for each private dollar they Mazzeo, a Democrat, captured his An analysis has found that the second collect. seat with just a 51-vote advantage in legislative district, which includes 2013. It was the tightest legislative most of Atlantic County, has drawn Before they can receive public funds, margin that year. Neither party has more than $25 million during the past a candidate first must raise at least controlled all three seats since 2005. quarter century. $430,000.

Incidentally, the first American to Top Five Legislative Districts General election candidates then can design and build a submarine was Ranked by get up to $9,300,000 in public money. Legislative Spending Since 2003 Simon Lake. He was born in That means they must raise half this District 2015 2003‐2015 Pleasantville in 1866 and launched his amount- $4,650,000 - from private 2 $5,193,557 $25,178,397 first boat, the Argonaut Junior, in donors. 1 $3,607,734 $20,059,763 1894. 38 $2,237,460 $18,773,934 However, by law the first $138,000 14 $1,098,451 $18,697,475 raised privately is not eligible for 3 $ 626,788 $15,425,394 match. So candidates also must raise this amount. The amount is $5 million more than the $20 million spent in the So the total they must obtain on their neighboring 1st legislative district, own to receive full public funding is which ranks second for the period. $4,650,000 plus $138,000, or $4,788,000. Calculation of Amount to “Max Out” 2017 General Election Limits/Thresholds Amount Public Funds (PF) Maximum $9,300,000 Private Funds Needed to Reach PF $4,650,000 ($9,300,000 divided by 2) Maximum at 2:1 Private Funds Not Matched $138,000 Total Private Funds needed to reach PF $4,650,000+$138,000=$4,788,000 Maximum

ELEC-Tronic Newsletter ISSUE 99 • SEPTEMBER 2017 Page 6

General 2017 Public Funds Disbursed CONTRIBUTIONS CANDIDATE NAME DATE RECEIVED SUBMITTED Phil Murphy July 19, 2017 $ 1,174,939 Phil Murphy July 28, 2017 $ 667,132 Kim Guadagno July 28, 2017 $ 708,144 Kim Guadagno August 10, 2017 $ 90,734 Phil Murphy August 10, 2017 $ 725,456 Phil Murphy August 24, 2017 $ 718,836 Kim Guadagno August 24, 2017 $ 89,800 TOTAL: $ 4,175,041

Training Seminars The seminars listed below will be held at the Offices of the Commission, located at 28 West State St., Trenton, NJ. Since space is limited‚ you must reserve a seat in order to attend. Please visit ELEC’s website at http://www.elec.state.nj.us for more information on training seminar registration.

TREASURER TRAINING FOR CANDIDATES AND COMMITTES Wednesday, September 13th 10:00 a.m. Tuesday, October 3rd 10:00 a.m.

TREASURER TRAINING FOR POLITICAL COMMITTEES AND PACS Tuesday, September 26th 10:00 a.m. Tuesday, December 12th 10:00 a.m.

R‐1 ELECTRONIC FILING SOFTWARE (REFS) TRAINING Tuesday, September 19th 10:00 a.m. Wednesday, October 4th 10:00 a.m.

Lobbying Reporting Dates INCLUSION ELEC DATES DUE DATE Lobbying Quarterly Filing 1st Quarter 1/1/17 – 3/31/17 4/10/17 2nd Quarter 4/1/17 – 6/30/17 7/10/17 3rd Quarter 7/1/17 – 9/30/17 10/10/17 4th Quarter 10/1/17 – 12/31/17 1/10/18

ELEC-Tronic Newsletter ISSUE 99 • SEPTEMBER 2017 Page 7 Reporting Dates REPORT DUE ELECTION 48-HOUR START DATE INCLUSION DATES DATE

FIRE COMMISSIONER -2/18/2017 2/5/2017- through 2/18/2017 29-day Preelection Reporting Date Inception of campaign* - 1/17/17 1/20/2017 11-day Preelection Reporting Date 1/18/17 - 2/4/17 2/7/2017 20-day Postelection Reporting Date 2/5/17 - 3/7/17 3/10/2017 APRIL SCHOOL BOARD- 4/25/2017 4/12/2017 through 4/25/2017 29-day Preelection Reporting Date Inception of campaign* - 3/24/17 3/27/2017 11-day Preelection Reporting Date 3/25/17 - 4/11/17 4/17/2017 20-day Postelection Reporting Date 4/12/17 - 5/12/17 5/15/2017 MAY MUNICIPAL – 5/9/2017 4/26/2017 through 5/9/2017 29-day Preelection Reporting Date Inception of campaign* - 4/7/17 4/10/2017 11-day Preelection Reporting Date 4/8/17 - 4/25/17 4/28/2017 20-day Postelection Reporting Date 4/26/17 - 5/26/17 5/30/2017 RUNOFF (JUNE)**- 6/13/2017 5/31/2017 through 6/13/2017 29-day Preelection Reporting Date No Report Required for this Period 11-day Preelection Reporting Date 4/26/17 - 5/30/17 6/2/2017 20-day Postelection Reporting Date 5/31/17 - 6/30/17 7/3/2017 PRIMARY (90 DAY START DATE: 3/8/2017)*** 5/24/2017 through 6/6/2017 29-day Preelection Reporting Date Inception of campaign* - 5/5/17 5/8/2017 11-day Preelection Reporting Date 5/6/17 - 5/23/17 5/26/2017 20-day Postelection Reporting Date 5/24/17 - 6/23/17 6/26/2017 GENERAL (90 DAY START DATE: 8/9/2017)*** 10/25/2017 through 11/7/2017 29-day Preelection Reporting Date 6/24/17 - 10/6/17 10/10/2017 11-day Preelection Reporting Date 10/7/17 - 10/24/17 10/27/2017 20-day Postelection Reporting Date 10/25/17 - 11/24/17 11/27/2017 RUNOFF (DECEMBER)**- 12/5/2017 11/22/2017 through 12/5/2017 29-day Preelection Reporting Date No Report Required for this Period 11-day Preelection Reporting Date 10/25/17 - 11/21/17 11/24/2017 20-day Postelection Reporting Date 11/22/17 - 12/22/17 12/26/2017 PACs, PCFRs & CAMPAIGN QUARTERLY FILERS 1st Quarter 1/1/17 - 3/31/17 4/17/2017 2nd Quarter 4/1/17 - 6/30/17 7/17/2017 3rd Quarter 7/1/17 - 9/30/17 10/16/2017 4th Quarter 10/1/17 - 12/31/17 1/16/2018 * Inception Date of Campaign (first time filers) or from January 1, 2017 (Quarterly filers). ** A candidate committee or joint candidates’ committee that is filing in a 2017 Runoff election is not required to file a 20-day postelection report for the corresponding prior election (May Municipal or General). *** Form PFD-1 is due on April 13, 2017 for Primary Election Candidates and June 16, 2017 for Independent General Election Candidates.

Note: A fourth quarter 2016 filing is needed for Primary 2017 candidates if they started their campaign prior to December 8, 2016. A second quarter 2017 filing is needed by Independent/Non-Partisan General Election candidates if they started their campaign prior to May 10, 2017.

HOW TO CONTACT ELEC DIRECTORS: www.elec.state.nj.us Jeffrey M. Brindle Joseph W. Donohue In Person: 28 W. State Street, Trenton, NJ Demery J. Roberts By Mail: P.O. Box 185, Trenton, NJ 08625 Amanda Haines By Telephone: (609) 292-8700 or Toll Free Within NJ 1-888-313-ELEC (3532) Stephanie A. Olivo Anthony Giancarli Shreve Marshall Christopher Mistichelli