N.J. Admin. Code § 19:25-16.13

Current through Register Vol. 56, No. 21, November 4, 2024

Section 19:25-16.13 - Contributions eligible for match; checks and instruments; partnership contributions prohibited; contributions by electronic transfer or funds

(a) In the case of a check drawn on a joint checking account, the contributor shall be deemed to be the owner whose signature appears on the check. The check will not be attributed equally or otherwise to other joint owners of the account, unless the check or other accompanying written instrument contains the signature of each contributing owner and information identifying the amount of contribution of each such owner. In the absence of specific instructions to the contrary, the contribution will be allocated equally among all owners whose signatures appear on the instrument. Where the maker of a check drawn on a joint checking account is different from the individual who signs the accompanying written instrument, the Commission shall deem the individual who signs the written instrument to be the contributor of the funds.

(b) In the case of a check drawn on an escrow or trust account, the contribution will be that of the person who is the beneficial owner of the account, and the check or other accompanying written instrument must bear the signature of such beneficial owner.

(c) A partnership as defined in (d) below shall not be permitted to make contributions as an entity. A contribution received by a campaign treasurer and made by means of a check or written instrument drawn on a partnership account shall be signed by a partner or partners and shall be deemed to be a contribution from the partner or partners who signed the check or written instrument by which the contribution was conveyed, or in the case of a contribution of currency, the partner who has conveyed the currency. If the check or written instrument is drawn on a partnership account and is signed by an individual other than a partner, or if it is the intent of the contributor that any portion of the contribution received from a partnership account is to be attributed or allocated to a partner or partners who have not signed the check or written instrument, or in the case of a currency contribution if the currency contribution was conveyed by an individual who is not a partner, the following written information must be received and maintained by the campaign treasurer and accompany the check or written instrument being submitted for match pursuant to 19:25-16.1 8:

1. Written instructions concerning the allocation of the contribution amount to a contributing partner, or among contributing partners;

2. A signed acknowledgment of the contribution from each contributing partner who has not signed the contribution check or other written instrument; and

3. Contributor information for each contributing partner as required by 19:25-7.1.

(d) For the purposes of this section, the term "partnership" means:

1. Any partnership or joint venture organized under or governed by Title 42 of the New Jersey Statutes, including general partnerships within the meaning of N.J.S.A. 42:1-1 et seq., limited liability partnerships organized pursuant to N.J.S.A. 42:1-45 et seq., limited partnerships organized pursuant to or governed by 42:2A-1 et seq., and limited partnership associations organized pursuant to 42:3-1 et seq., and

2. Any similar association of two or more persons to carry on as co-owners a business for profit including, but not limited to, joint ventures, general partnerships, limited liability partnerships and limited partnerships organized or governed by corresponding laws of any other jurisdiction.

(e) A limited liability company shall not be permitted to make contributions as an entity. A contribution received by a campaign treasurer drawn upon a limited liability company account and made by means of a check or written instrument drawn on the account of a limited liability company shall be signed by a member or members and shall be deemed to be a contribution from the member or members who signed the check or written instrument by which the contribution was conveyed or, in the case of the contribution of currency, the member who has conveyed the currency. If it is the intent of the contributor that any portion of a contribution received from a limited liability company account is to be attributed or allocated to a member or members who have not signed the check or written instrument, or in the case of a currency contribution, if the currency was conveyed by an individual who is not a member, the following written information must be received and maintained by the campaign treasurer and accompany the check or written instrument being submitted for match pursuant to 19:25-16.1 8:

1. Written instructions concerning the allocation of the contribution amount to a contributing member, or among contributing members;

2. A signed acknowledgment of the contribution from each contributing member who has not signed the contribution check or other written instrument; and

3. Contributor information for each contributing member as required by 19:25-7.1.

(f) To be eligible for match pursuant to N.J.A.C. 19:25-16.18, a contribution received by means of an electronic transfer of funds, including a credit card, shall be deposited directly into a matching fund account established pursuant to N.J.A.C. 19:25-16.11(b). For each contribution received by an electronic transfer of funds, including a credit card, the matching fund submission shall include a deposit slip or dated receipt from the bank or financial institution that specifically identifies the contributor and the amount of the contribution and a written statement that includes the signature of the contributor, the name of the contributor as it appears on the account used for the electronic transfer of funds or credit card account, the name of the owner of the account used for the electronic transfer of funds or credit card account, and the billing address of the account used for the electronic transfer of funds or credit card. An electronic signature will satisfy the signature requirement in this section when:

1. A contributor or authorized representative provides the required information, as specified in this subsection;

2. The contributor or authorized representative attests to his or her intent to authorize the contribution and provides his or her signature by typing his or her name.

i. Electronically received contributions are prohibited to be made by partnerships, LLCs, or LLPs; and

3. The designated treasurer, or deputy treasurer, provides a certification to the Commission certifying that any and all credit card processing companies utilized to collect contributions performs the following verification process:

i. Confirms that the following characteristics correspond to each other for the transaction to be accepted or approved and documentation demonstrating the verification process shall be provided by the credit card processor and included as part of the treasurer's or deputy treasurer's certification:

(1) Cardholder name;

(2) Credit card number;

(3) Billing zip code;

(4) Expiration date; and

(5) Security code;

ii. Any inconsistency among the characteristics at (f)3i above shall cause the transaction to fail; and

iii. The certification must be provided to the Commission prior to submitting electronically received contributions for match.

4. The campaign shall provide a receipt or confirmation of each contribution received electronically by credit card containing the following information:

i. The contributor's name as it appeared on the credit card;

ii. The contributor's or authorized representative's name as it appears on the signature line;

iii. The contributor's address;

iv. The amount of the contribution; and

v. The date the contribution was electronically submitted.

N.J. Admin. Code § 19:25-16.13

As amended, R.1984 d.561, effective 12/17/1984.
See: 16 N.J.R. 2765(a), 16 N.J.R. 3485(b).
Added text "or other accompanying written instrument".
Amended by R.1996 d.389, effective 8/19/1996.
See: 28 N.J.R. 2524(a), 28 N.J.R. 3971(a).
Rewrote (c).
Amended by R.1996 d.583, effective 12/16/1996.
See: 28 N.J.R. 4395(b), 28 N.J.R. 5199(a).
Amended (c) and added (d) and (e).
Amended by R.1999 d.300, effective 9/7/1999.
See: 31 N.J.R. 1446(a), 31 N.J.R. 2627(b).
In (e), changed N.J.A.C. reference at the end of the introductory paragraph; and added (f).
Amended by R.2000 d.322, effective 8/7/2000.
See: 32 N.J.R. 1291(a), 32 N.J.R. 2930(a).
In (c) and (e), rewrote the introductory paragraphs.
Amended by R.2012 d.172, effective 10/15/2012.
See: 44 N.J.R. 1593(a), 44 N.J.R. 2380(a).
In (a), inserted the last sentence.

Amended by 52 N.J.R. 2190(a), effective 12/21/2020