N.J. Admin. Code § 19:25-6.5

Current through Register Vol. 56, No. 6, March 18, 2024
Section 19:25-6.5 - Use or disposition of campaign funds
(a) All contributions received by a candidate, candidate committee, joint candidates committee or legislative leadership committee shall be used only for the following purposes:
1. The payment of "campaign expenses" as that term is defined in (b) below.
2. The making of donations to any charitable organization described in section 170(c) of the Internal Revenue Code of 1954, as amended or modified, or non-profit organization that is exempt from taxation under section 501(c) of the Internal Revenue Code of 1954, except any charitable organization of which the candidate or a member of the candidate's immediate family is a paid officer, director or employee or receives compensation for goods or services provided to the organization;
3. Transmittal to another candidate, candidate committee, joint candidates committee, political committee, continuing political committee, legislative leadership committee, or political party committee for the lawful use of such other candidate or committee;
4. The payment of the candidate committee's, joint candidates committee's or legislative leadership committee's overhead and administrative expenses related to its operation;
5. The pro-rata repayment of contributors, except that contributors of $ 300.00 or less may be excluded from repayment; or
6. The payment of ordinary and necessary expenses of holding public office, as provided in 19:25-6.7.
(b) The term "campaign expenses" means any expense incurred or expenditure made by a candidate, candidate committee, joint candidates committee or legislative leadership committee from a campaign or organizational depository account for the purpose of paying for or leasing items or services used in connection with an election campaign, other than those items or services which may reasonably be considered to be for the "personal use" of the candidate, any person associated with the candidate or any of the members of a legislative leadership committee.
(c) The term "personal use" as used in (b) above means any use of contributions to pay or fulfill a commitment, obligation or expense of any person that would arise or exist irrespective of the candidate's campaign or irrespective of the candidate's ordinary and necessary expense of holding public office. "Personal use" includes, but is not limited to, the following:
1. A mortgage payment on property not owned by a candidate committee, joint candidates committee or legislative leadership committee making the payment;
2. A purchase, loan or lease payment on a vehicle not owned or leased by the candidate committee, joint candidates committee or legislative leadership committee making the payment, except that nothing herein shall be construed to prohibit reimbursement for use of a vehicle pursuant to 19:25-6.8;
3. The purchase of clothing, household food, and personal hygiene or health items or services;
4. A tuition payment, unless made for a course of study specifically related to the candidacy or officeholding duties of the candidate or officeholder who established or who controls the candidate committee, joint candidates committee or legislative leadership committee making the payment;
5. A payment for dues, fees or gratuities paid to a country club, fitness club, or other social or fraternal association, to its employees, or to a person working on its premises, unless the payment is part of the cost of a fundraising event held on the premises; or
6. The payment of a salary to a candidate by that candidate's candidate committee or joint candidates committee, or to a legislator by a legislative leadership committee established by or under the control of that legislator.
(d) The term "member of the candidate's immediate family" as used in (a)2 above means the candidate's spouse, child, parent or sibling and the child, parent or sibling of the candidate's spouse.

N.J. Admin. Code § 19:25-6.5

Recodified from 19:25-7.4 and amended by R.1993 d.509, effective 10/18/1993.
See: 25 N.J.R. 3429(b), 25 N.J.R. 4753(a).
Amended by R.1994 d.528, effective 10/17/1994.
See: 26 N.J.R. 2753(a), 26 N.J.R. 4214(a).
Amended by R.2000 d.472, effective 11/20/2000 (operative January 1, 2001).
See: 32 N.J.R. 2987(a), 32 N.J.R. 4112(a).
In (a)5, increased dollar amount.
Amended by R.2004 d.471, effective 12/20/2004 (operative January 1, 2005).
See: 36 N.J.R. 4071(a), 36 N.J.R. 5692(b).
In (a), substituted "$ 300.00" for "$ 400.00" in 5.
Amended by R.2010 d.062, effective 4/19/2010.
See: 41 N.J.R. 4682(a), 42 N.J.R. 811(a).
In (a)2, substituted "that" for "which", and inserted ", except any charitable organization of which the candidate or a member of the candidate's immediate family is a paid officer, director or employee or receives compensation for goods or services provided to the organization"; and added (d).