N.J. Admin. Code § 19:25-6.10

Current through Register Vol. 56, No. 9, May 6, 2024

Section 19:25-6.10 - Use of funds for legal fees

(a) Contributions received by a candidate committee, joint candidates committee or legislative leadership committee may be used for reasonable fees and expenses of legal representation, the need for which arises directly from and is related to the campaign for public office or the ordinary and necessary duties of holding public office. Examples of permissible uses of contributions, that is campaign funds, to pay legal fees and expenses shall include, but not be limited to, legal fees and expenses arising in connection with the following:

1. Litigation directly related to a recount proceeding pursuant to 19:28-1 or an election contest pursuant to 19:29-1, which proceeding or action will determine the election or nonelection of the candidate whose campaign funds are to be used to pay such expenses;

2. The defense of a defamation action against the candidate or officeholder whose campaign funds are to be used to pay such expenses, arising directly from the candidate's campaign for public office or from activities of the officeholder directly related to the discharge of the duties of holding public office;

3. The defense of a civil action or administrative proceeding alleging a violation of the Act and naming as a respondent or defendant the candidate or officeholder whose campaign funds are to be used to pay such expenses; and

4. The defense of an action or proceeding before the Joint Legislative Committee on Ethical Standards or similar public body having authority to hear such action or proceeding and to impose sanctions against the officeholder by reason of his or her status as a holder of public office.

(b) Permissible use of funds for legal fees and expenses shall not include legal fees and expenses for defense of a candidate or officeholder, who is the subject of a criminal inquiry or criminal investigation, or defense of a criminal indictment or other criminal proceeding.

(c) Permissible use of funds for legal fees and expenses shall not include such fees and expenses incurred in connection with the candidate or officeholder's personal or business affairs, or which would otherwise qualify as "personal use" under 19:25-6.5(c).

N.J. Admin. Code § 19:25-6.10

New Rule, R.1998 d.118, effective 3/2/1998.
See: 29 N.J.R. 5056(a), 30 N.J.R. 862(a).
Amended by R.2009 d.165, effective 5/18/2009.
See: 41 N.J.R. 393(a), 41 N.J.R. 2142(b).
In the introductory paragraph of (a), deleted "from" following "public office or", and inserted "ordinary and necessary"; in (a)3, substituted "a civil" for "an", and inserted "administrative"; added new (b); and recodified former (b) as (c).