N.J. Admin. Code § 19:25-12.7
Current through Register Vol. 56, No. 24, December 18, 2024
Section 19:25-12.7 - Independent expenditures(a) An expenditure by a candidate committee, joint candidates committee, political committee, continuing political committee, political party committee, legislative leadership committee, or independent expenditure committee that is not coordinated with a candidate or political party, or any person or committee acting on behalf of a candidate or political party, for the purpose of expressly advocating the election or defeat of a clearly identified candidate, or expressly advocating the passage or defeat of a public question, or such an expenditure that amounts to the functional equivalent of express advocacy, is an independent expenditure.(b) An expenditure by a person from the person's own funds of more than $ 300.00 in an election that is not coordinated with a candidate or political party, or any person or committee acting on behalf of a candidate or political party, for the purpose of expressly advocating the election or defeat of a clearly identified candidate, or expressly advocating the passage or defeat of a public question, or such an expenditure that amounts to the functional equivalent of express advocacy, is an independent expenditure.(c) The functional equivalent of express advocacy means that a communication 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, which shall be determined by considering the following:1. Whether the communication mentions a candidate and discusses the candidate's character, qualifications, fitness for office, or position on an issue; or2. Whether the communication mentions a public question or referendum and discusses its merits or lack of merits.(d) A communication that is paid for by means of an independent expenditure pursuant to (a) or (b) above shall include the political identification information required pursuant to N.J.A.C. 19:25-13.N.J. Admin. Code § 19:25-12.7
Amended by 50 N.J.R. 908(a), effective 2/20/2018Amended by 52 N.J.R. 2185(a), effective 12/21/2020Amended by 56N.J.R. 1109(b), effective 6/17/2024Amended by 56 N.J.R. 2340(a), effective 12/16/2024