Election Law Enforcement Commission EL EC 1973 Newsletter SEPTEMBE R2021 ronic ISSUE ELECt AN ELECTION LAW ENFORCEMENT COMMISSION NEWSLETTER “Furthering the Interest of an Informed Citizenry” Comments from the Contribution Limits, Reporting Dates, Training & Seminars, Treasurer Training, The Commission’s trained compliance Chairman and Statutory Authority & Regulations. officers will walk you through the manual and answer any questions that Eric H. Jaso Next, click Reporting Dates. From that you may have. information, you will get a sense of “Don't ever be the first, don't when reports must be filed. By speaking with a compliance officer ever be the last, and don't ever areas of complexity can be clarified and volunteer to do anything.” – Next, become familiar with the law by future problems avoided. Traditional Advice to Recruits downloading the “Statutory Authority & Regulations” and reading through it. Following your conversation with a So you’ve volunteered (or “been This exercise will lay the groundwork for compliance officer, he or she may volunteered”) to serve as the treasurer the next step, which is to review the suggest that you attend one of ELEC’s for a political party committee. Problem manual applicable to political party political party committee information is, you know almost nothing about New committees. seminars, which throughout the Jersey’s campaign finance laws. pandemic have been conducted The manual provides a summary of remotely. Our advice: don’t panic. The New Jersey requirements, reflecting what you read Election Law Enforcement Commission in the Statutory Authority & Regulations. Another option is for treasurers to (ELEC) has several ways to ease you into It also includes a contribution limits undergo online training with a test to the job and help you become an chart and registration and reporting follow. This training is mandatory for effective and compliant committee forms. treasurers of state political party treasurer. committees but optional for those If you still have difficulty understanding serving county and municipal party First, access Commission’s website at any part of the law or its requirements, committees. www.elec.state.nj.us. you should not hesitate to contact the Commission. The bottom line as always: ELEC staff are There, you will see several options. Click here to help political parties, the Candidates & Committees tab. By calling 609-292-8700 or toll free at committees, candidates, and staff, 888-313-ELEC (3532) a live receptionist whether paid or volunteer, to comply Additional tabs will appear. They include will answer your call and direct you to with New Jersey’s campaign finance laws Forms & Instructions, Electronic Filing, the appropriate compliance officer. and regulations. IN THIS ISSUE COMMISSIONERS Comments from the Chairman P. 1 Eric H. Jaso, Chairman Executive Director’s Thoughts P. 2 Stephen M. Holden, Commissioner Dates Set for Gubernatorial General Election Debates P. 3 Marguerite T. Simon, Commissioner Training Seminars P. 4 Edwin R. Matthews, Legal Counsel Most Lobbied Bills Included Two State Budgets, Abortion Rights, COVID-19 Issues P. 5 Top Legislative Battlegrounds Could Be in 2nd, 8th, and 16th Districts this Fall P. 8 2021 Reporting Dates P. 10 ELEC-Tronic Newsletter Issue 147 Page 2 Executive Director’s Before the court’s recent ruling, Alaska substantially lower than the limits we Thoughts voters each year could give only $500 have previously upheld,” and to any candidate versus respective “substantially lower than comparable Jeff Brindle annual contributions of $5,200 or limits in other States.” $9,800 in New Jersey. NJ Contribution Limits Safe Despite Circuit Amount an Individual Can Give a Candidate* Court Ruling in Year Alaska (Per Year) New Jersey (Per Election) 1974 $1,000 No limit Alaskan Case 1993 $1,000 $1,500 Reprinted from insidernj.com 2006 $500 $2,600 If there is no further court action, 2021 $2,600 In my first White Paper research report no limit without new legislation *Alaskan limit applies to all candidates; NJ limit is for non-gubernatorial candidate for ELEC in 1988, I urged that New Jersey adopt contribution limits for all Moreover, the limit applied to all candidates and that those limits be The Hebdon ruling did not overturn offices, “making Alaska’s law the most regularly inflation adjusted to contribution limits per se. Rather, the restrictive in the country in this withstand a constitutional challenge. decision, in deference to the Supreme regard.” Further, the Supreme Court Court’s guidance, overturned Alaska’s noted that Alaska’s limits were not Contribution limits eventually were limits because they were too low and adjusted for inflation, therefore making enacted for non-gubernatorial inconsistent with precedent set forth them “almost inevitably become too candidates in 1993. And the legislature by the Supreme Court in Randall v. low” over time. required that the limits be raised every Sorrell. four years to offset the cost of living If the Alaska officials decline to appeal like those that applied to candidates Justice Stephen Breyer articulated the and there is no new legislation, an for governor. Court’s rationale in Randall when he individual in Alaska could give any observed “contribution limits that are candidate an unlimited sum. Alaska will Alaska would have done well to follow too low . harm the electoral process be back to where New Jersey was in New Jersey’s example. by preventing challengers from 1974. mounting effective campaigns against The Alaskan legislature set a $1,000 incumbent officeholders; thereby Some might say New Jersey’s current annual limit in 1974, then slashed it to reducing democratic accountability.” limits are too high. $500 in 2006 in reaction to a referendum supported by 73 percent The Vermont limits struck down in But in an era when a conservative U.S. of Alaskan voters. The Alaskan limit Randall ranged from $200 to $400 per Supreme Court is leery of too much applies to all candidates. election, depending on the office. governmental intrusion into political fundraising, those higher limits have By contrast, New Jersey candidates can In the Alaskan ruling, two members of provided constitutional insurance even now receive $2,600 per election if they the Ninth Circuit Court of Appeals, on though the legislature has not adjusted are a non-gubernatorial candidate, and remand from the U.S. Supreme Court, the non-gubernatorial limits since $4,900 per election if they are a overrode the court’s chief justice to 2005. gubernatorial candidate. discard the $500 limit along with two other limits. Among the reasons was Even though New Jersey’s limits are far It is no surprise, therefore, that that it was among the lowest in the higher than those in Alaska, pending Alaska’s limit was struck down as nation and not inflation adjusted. legislation could lead to even higher unconstitutional on July 30, 2021 in a contribution limits or none in the case called David Thompson v. Heather The ruling reflected the high court’s Garden State. The bill is sponsored by Hebdon. observations that Alaska’s individual- state Senate Judiciary Committee to-candidate $500 limit “is Chairman Nicholas Scutari (D-22). ELEC-Tronic Newsletter Issue 147 Page 3 In another recent case, the U.S. Dates Set for A recent story by Politico reporter Matt Supreme Court, in Americans for Friedman said the bill, which initially Prosperity Foundation (AFP) v. BONTA, Gubernatorial called for an end to contribution limits on July 1, 2021, ruled 6-3 as General Election in New Jersey, is facing revisions and unconstitutional California’s law may ultimately lead to higher requiring charitable organizations to Debates contribution limits instead of total disclose major donors to the State’s elimination along with quicker Attorney General. The New Jersey Election Law disclosure. Enforcement Commission (ELEC) But the Alaskan ruling reinforces my reviewed and approved three dates In a column written for Insidernj.com belief stated in a more recent column recommended by sponsors for debates in 2019 about the Alaskan case, I about Bonta that the U.S. Supreme involving gubernatorial candidates and disagreed with many in the reformist Court under Chief Justice John Roberts their running mates. community who feared that the would look to precedent in making any Supreme Court’s ruling in the case decision on the fate of campaign The dates are: “foretold the Court’s intent to end finance laws and in doing so would contribution limits altogether.” leave them intact. - 7 p.m. Tuesday September 28, 2021 for a debate between “There appears to be no suggestion in “The influence of legal precedent, so gubernatorial candidates in the Court’s per curium opinion that it embedded in our common law Newark organized by NJ intends to undue precedent vis-à-vis tradition, will play an important role in Performing Arts Center. contribution limits but rather that it any future Supreme Court ruling desires to have precedent upheld involving campaign finance law,” I - 7 p.m. Tuesday October 5, 2021 pursuant to its 2006 ruling in Randall v. wrote. for a debate between lieutenant Sorrell; and by extension by Buckley v. gubernatorial candidates in Valeo (1976),” I wrote two years ago. This logic applies to both cases even Lawrenceville arranged by NJ though the Alaska case directly Globe. The recent ruling by the 9th Circuit concerns an integral part of campaign Court of Appeals in overturning finance law, namely contribution limits, - 8 p.m. Tuesday October 12, 2021 Alaska’s limits bears out my prediction. while the California law involved an for a debate between It was not because the limits are in and issue only tangentially related to gubernatorial candidates in of themselves unconstitutional. It is campaign finance law. Glassboro held by lead sponsor because they are too low under the Public Media NJ Inc.