N.J. Admin. Code § 19:25-24.1

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

Section 19:25-24.1 - Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless a different meaning clearly appears from the context.

"Business entity" means any natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the laws of this State or any other state or foreign jurisdiction, and includes:

1. All principals who own or control more than 10 percent of the profits or assets of a business entity or 10 percent of the stock in the case of a business entity that is a corporation for profit, as appropriate;

2. Any subsidiaries directly or indirectly controlled by the business entity;

3. Any political organization organized under section 527 of the Internal Revenue Code that is directly or indirectly controlled by the business entity, other than a candidate committee or political party committee; and

4. If a business entity is a natural person, that person's spouse or child, residing with the natural person.

"Campaign Reporting Act" means the New Jersey Campaign Contributions and Expenditures Reporting Act, N.J.S.A. 19:44A-1 et seq.

"Campaign treasurer" means the person or persons appointed as treasurer by a candidate committee or the person or persons undertaking activity relating to contributions and expenditures of a candidate committee pursuant to the Campaign Reporting Act.

"Candidate committee" means a committee established by a candidate pursuant to N.J.S.A. 19:44A-9(a) for the purpose of receiving contributions and making expenditures.

"Commission" means the New Jersey Election Law Enforcement Commission.

"Contribution" includes every loan, gift, subscription, advance or transfer of money or other thing of value, including any in-kind contribution, made to or on behalf of any candidate committee or joint candidates committee and any pledge or other commitment or assumption of liability to make such transfer. For the purposes of this subchapter, any such commitment or assumption shall be deemed to have been a contribution upon the date when such commitment is made or liability assumed. Funds or other benefits received solely for the purpose of determining whether an individual should become a candidate are contributions.

"Contribution reportable by the recipient" shall mean a currency contribution in any amount or a contribution or contributions in excess of $ 200.00 in the aggregate per election made to or received by a candidate committee or joint candidates committee.

"Contribution reportable by the recipient" shall mean a currency contribution in any amount or a contribution or contributions in excess of $ 300.00 in the aggregate per election made to or received by a candidate committee or joint candidates committee or per calendar year made to or received by a political party committee or legislative leadership committee.

"County committee of a political party" means a committee organized pursuant to N.J.S.A. 19:5-3.

"Currency" means United States government notes and coins in circulation as a medium of exchange.

"Fair and open process" means, at a minimum, that the contract shall be:

1. Publicly advertised in newspapers or on the Internet website maintained by the public entity in sufficient time to give notice in advance of the contract;

2. Awarded pursuant to a process that provides for public solicitation of proposals or qualifications and awarded and disclosed pursuant to criteria established, in writing, by the public entity prior to the solicitation of proposals or qualifications; and

3. Publicly opened and announced when awarded.

A contract awarded pursuant to a process that includes public bidding or competitive contracting pursuant to State contracts law or the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. (P.L. 1971, c. 198), shall constitute a fair and open process. The decision of a public entity as to what constitutes a fair and open process shall be final.

"File" or "filed" means deposited in the office of the Commission designated in N.J.A.C. 19:25-2.1.

"In-kind contribution" means a contribution of goods or services received by a candidate committee or joint candidates committee, which contribution is paid for by a person or entity other than the recipient committee, but does not include services provided without compensation by an individual volunteering a part of or all of their time on behalf of a candidate or committee.

"Legal person" means a corporation which possesses legal rights.

"Natural person" means a human being.

"Organizational treasurer" means the person or persons appointed as treasurer by a political party committee or the person or persons undertaking activity relating to contributions and expenditures of a political party committee pursuant to the Campaign Reporting Act.

"Political party committee" means the State committee of a political party, as organized pursuant to N.J.S.A. 19:5-4; any county committee of a political party, as organized pursuant to N.J.S.A. 19:5-3; or any municipal committee of a political party, as organized pursuant to N.J.S.A. 19:5-2.

"Public contract" shall mean a contract with the State or any department or agency thereof or with its independent authorities, and shall include any division, board, bureau, office, commission or other instrumentality within or created by such department and any independent State authority, board, commission, instrumentality or agency.

"State committee of a political party" means a committee organized pursuant to N.J.S.A. 19:5-4.

N.J. Admin. Code § 19:25-24.1

Amended by R.2010 d.062, effective 4/19/2010.
See: 41 N.J.R. 4682(a), 42 N.J.R. 811(a).
In definition "Contribution reportable by the recipient", inserted "a currency contribution in any amount or"; and added definition "Currency".

Amended by 56N.J.R. 1109(b), effective 6/17/2024