N.J. Admin. Code § 19:25-16.3

Current through Register Vol. 56, No. 9, May 6, 2024
Section 19:25-16.3 - Definitions for this subchapter

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.

"Candidate" means an individual who has filed a nominating petition, or has filed a form D-1 with the Commission, or has solicited contributions or made or incurred expenditures on behalf of his or her candidacy, or has allowed others to solicit contributions or make or incur expenditures on behalf of his or her candidacy for nomination for election to the office of Governor of New Jersey, or who has received funds or other benefits or has made payments solely for the purpose of determining whether or not the individual should become a candidate for the office of Governor of New Jersey in any primary election for which the Legislature makes an appropriation for public funding.

"Contribution" is used as defined in N.J.A.C. 19:25-1.7 and includes loans, except that a loan in the ordinary course of business by a bank pursuant to section 15 of P.L. 1980, c. 74 (N.J.S.A. 19:44A-44) is not a contribution by that bank.

"Contribution eligible for match" means contributions from one contributor to be matched from public funds on a two-for-one basis. No contribution, which must be, or is intended by the contributor or the recipient to be, refunded or repaid at any time, no loan obtained pursuant to N.J.S.A. 19:44A-44, no amount of the candidate's own funds in the aggregate in excess of $ 4,900, no in-kind contribution, and no other monies received by the candidate, his or her campaign treasurer, or deputy campaign treasurer, except those contributions described at N.J.S.A. 19:44A-29.a, shall be deemed contributions eligible for match. Funds received by an individual who is testing the waters may be matched when the individual becomes a candidate, if such contributions meet all the requirements of the regulation.

"Debate sponsor" means the organization or organizations to which the Commission has delegated the responsibility for conducting one or more of the televised interactive primary election debates.

"Depository bank account" means the campaign bank account designated by a candidate pursuant to N.J.S.A. 19:44A-9for the deposit pursuant to N.J.S.A. 19:44A-12 of funds received by the campaign treasurer.

"Gubernatorial candidate" means an individual seeking election to the office of Governor in a primary election, for purposes of this subchapter.

"Interactive primary election debate" means the moderated reciprocal discussion of issues among the candidates of a political party which involves responses by the candidates to questions posed by the representative or representatives of the sponsor organization.

"Matching fund account" means the campaign bank account or accounts opened pursuant to N.J.S.A. 19:44A-32by a campaign treasurer of a candidate, or deputy campaign treasurer, in which only contributions eligible for match may be deposited.

"Non-participating candidate" means any candidate who does not make application for public funding in a primary election pursuant to N.J.A.C. 19:25-16.18, Matching of funds, or who is not a "qualified candidate" as that term is defined at N.J.A.C. 19:25-16.3. In no case shall a candidate who qualifies for and receives any public funding for a primary election be subsequently deemed a non-participating candidate for that election.

"Own funds" means funds to which the candidate is legally and beneficially entitled, but shall not include funds as to which he or she is a trustee or funds given or otherwise transferred to the candidate by any person other than the spouse of the candidate for use in aid of his or her candidacy. "Person" includes an individual, a corporation, an association or a labor union. For purposes of this subchapter, person does not include a partnership. A spouse of any person is deemed to be a separate person.

"Public fund account" means the campaign bank account created by the Commission pursuant to N.J.A.C. 19:25-16.20on behalf of a qualified candidate and for the deposit of public matching funds.

"Qualified candidate" means any candidate for nomination for election to the office of Governor who has deposited and expended $ 490,000 pursuant to N.J.S.A. 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, applies to the Commission to receive public funds for gubernatorial campaign expenses; and who certifies and files required reports regarding any issue advocacy organization involvement; and who certifies their agreement to participate in two interactive gubernatorial primary election debates.

"Submission for matching funds" includes a list of all contributions received and all expenditures made or incurred, whether a qualified candidate or a non-participating candidate, filed for the purpose of receiving public funds for campaign expenses or for participation in the series of interactive debates.

N.J. Admin. Code § 19:25-16.3

Amended by 50 N.J.R. 911(a), effective 2/20/2018
Amended by 52 N.J.R. 2190(a), effective 12/21/2020