N.J. Admin. Code § 19:25-15.28C

Current through Register Vol. 56, No. 24, December 18, 2024

Section 19:25-15.28C - Determination of independence or coordination of an expenditure

(a) To determine whether or not a person, candidate committee, joint candidates committee, or continuing political committee has made an independent expenditure, pursuant to N.J.A.C. 19:25-15.2 8, for a communication to support or defeat a gubernatorial candidate in the general election, the Commission shall consider, but not be limited to, the factors set forth in (c) below.

(b) To determine whether or not a person or entity, other than the gubernatorial candidate or his or her candidate committee, expending funds to make a communication shall be deemed to have made a coordinated expenditure, pursuant to N.J.A.C. 19:25-15.2 9, the Commission shall consider, but not be limited to, the factors set forth in (c) below.

(c) The Commission shall determine whether or not the gubernatorial candidate, his or her candidate committee, any member of the staff of the gubernatorial candidate or his or her candidate committee, or any agent of the gubernatorial candidate or his or her candidate committee:

1. Cooperated with, consented to, authorized, or exercised control over the production or circulation of the communication expenditure;

2. Requested or suggested that the communication expenditure be made;

3. Provided information to the person or entity making the communication expenditure with regard to the content, timing, location, mode, intended audience, distribution, or placement of the television, radio, direct mail, or other form of communication;

4. Discussed or negotiated with the purchaser, creator, producer, or distributor of the communication concerning the content, timing, location, mode, intended audience, distribution, or placement of the communication;

5. Shared information or held discussions on campaign or media strategy with the person or entity making the communication expenditure or with the purchaser, creator, producer, or distributor of the communication;

6. Shared its polling or other research with the person or entity making the communication expenditure or whether or not the person or entity making the communication expenditure shared its polling or other research with the gubernatorial candidate, his or her candidate committee, or with any agent of the gubernatorial candidate or his or her candidate committee; or

7. Used the same consultants, employees, staff, or agents as the person or entity making the communication expenditure to create, target, or place the communication.

N.J. Admin. Code § 19:25-15.28C

New Rule, R.2004 d.400, effective 10/18/2004.
See: 36 N.J.R. 2985(a), 36 N.J.R. 4837(a).