N.J. Admin. Code § 19:25-16.48

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

Section 19:25-16.48 - Complaint alleging violation of primary election expenditure limit

(a) Any complaint filed with the Commission alleging violation by a primary election candidate receiving public matching funds of the primary election expenditure limit in N.J.A.C. 19:25-16.9(a)3 shall:

1. Be in writing and be verified;

2. Be brought solely against a gubernatorial candidate participating in the pending primary election gubernatorial public financing program;

3. Specifically identify the name and address of the complainant and the name and address of the respondent; and

4. Contain a detailed statement alleging with specificity all facts known to the complainant pertinent to the alleged violation of the primary election expenditure limit, including the complainant's best estimate of the amount expended by the gubernatorial candidate and the alleged facts supporting that estimate.

(b) A complaint filed pursuant to (a) above which requests emergent review in a preelection time period shall:

1. Be accompanied by a certification requesting emergent disposition and providing specific reasons why emergent review is necessary, including evidence of irreparable harm to the complainant gubernatorial primary election candidate and evidence that the alleged primary election expenditure limit violation is in an amount of at least $10,000;

2. Be brought by a gubernatorial candidate in the same primary election as the respondent publicly financed gubernatorial candidate; and

3. Be filed sufficiently in advance of the date of the primary election to permit emergent hearing proceedings to be conducted pursuant to (d) below.

(c) Service of a complaint alleging violation of the primary election expenditure limit shall be made by the complainant by personal service or by certified mail, return receipt requested, upon the respondent candidate, the Commission, and any person named in the complaint.

(d) Any hearing conducted by the Commission arising from a complaint filed pursuant to this subsection shall be governed by the New Jersey Uniform Administrative Procedure Rules, N.J.A.C. 1:1, and the New Jersey Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq.

(e) Relief in an action brought pursuant to this section shall be limited to either or both of the following:

1. A finding or findings that an expenditure or expenditures be counted toward the respondent's expenditure limit in N.J.A.C. 19:25-16.9(a)3; and/or

2. A finding or findings that the respondent shall return public matching funds to the State as directed by the Commission because the expenditure limit in N.J.A.C. 19:25-16.9(a)3 has been exceeded.

(f) The Executive Director of the Commission or his or her designee shall be authorized to find that a verified complaint requesting emergent review pursuant to (b) above is deficient and shall not be referred to the Commission for emergent hearing consideration. The Executive Director shall notify the complainant in writing that the verified complaint is deficient. The grounds for finding that a verified complaint is deficient shall include, but not be limited to, any one or more of the following:

1. The verified complaint names as the complainant a person or entity other than a gubernatorial candidate in the election that is the subject of the complaint;

2. The verified complaint names as the respondent a person or entity other than a publicly financed gubernatorial candidate in the election that is the subject of the complaint;

3. The verified complaint does not allege a violation of the primary election expenditure limit; or

4. The verified complaint does not contain specific evidence that the alleged expenditure limit violation is in an amount of at least $10,000.

N.J. Admin. Code § 19:25-16.48

New Rule, R.1992 d.458, effective 11/16/1992.
See: 24 N.J.R. 3026(a), 24 N.J.R. 4274(a).
Amended by R.1996 d.389, effective 8/19/1996.
See: 28 N.J.R. 2524(a), 28 N.J.R. 3971(a).
Inserted (b) and recodified former (b) and (c) as (c) and (d).
Amended by R.1999 d.300, effective 9/7/1999.
See: 31 N.J.R. 1446(a), 31 N.J.R. 2627(b).
In (a), inserted a new 2, recodified former 2 and 3 as 3 and 4, and added ", including the complainant's best estimate of the amount expended by the gubernatorial candidate and the alleged facts supporting that estimate" at the end of the new 4; in (b), added "and evidence that the alleged expenditure limit violation is in an amount of at least $10,000" at the end; and added (e).
Amended by R.2004 d.400, effective 10/18/2004.
See: 36 N.J.R. 2985(a), 36 N.J.R. 4837(a).
In (a)2, inserted "pending primary election" preceding "gubernatorial public financing"; in (b), rewrote the introductory paragraph and added 1 through 3; added (f).