N.J. Admin. Code § 19:25-6.7

Current through Register Vol. 56, No. 9, May 6, 2024

Section 19:25-6.7 - Ordinary and necessary officeholding expenses

(a) The term "ordinary and necessary expenses of holding public office" as used in 19:25-6.5(a)6 means any expense that reasonably promotes or carries out the responsibilities of a person holding elective public office, except that no funds received by a candidate, candidate committee, or joint candidates committee shall be used for the payment of any expense arising from the furnishing, staffing or operation of an office used in connection with the officeholder's official duties as an elected public official.

(b) The word "furnishing" as used in (a) above shall be construed to prohibit the use of contributions received by a candidate, candidate committee or joint candidates committee for the purchase or lease of furniture, equipment or other appointments that are physically situated at an office facility used in connection with the officeholder's official duties as an elected public official. This prohibition shall not be applicable to the purchase or lease of office furniture or equipment situated in the residence of the officeholder and used in conjunction with the officeholder's duties.

(c) The word "staffing" as used in (a) above shall be construed to prohibit the use of contributions received by a candidate, candidate committee or joint candidates committee to pay a salary or fee as compensation to any person for performing duties to assist the officeholder in carrying out the officeholder's duties as an elected public official.

(d) The word "operation" as used in (a) above shall be construed to prohibit the use of contributions received by a candidate, candidate committee or joint candidates committee for the payment of any rent, utility or maintenance expense incurred for an office facility used in connection with the officeholder's official duties as an elected public official.

(e) Permissible uses of funds as ordinary and necessary expenses of holding public office shall include, but not be limited to, the following provided the costs are not paid for by the State of New Jersey, or by any political subdivision of the State:

1. Costs of communications to constituents, including:

i. The production, circulation and postage of newsletters, mailings or other written materials for officeholding duties;

ii. The sponsorship or holding of a seminar or other meeting to be attended by constituents;

iii. The making of donations to charitable or non-profit organizations or activities that promote the welfare of constituents, such as the sponsorship of a neighborhood sports team;

iv. The framing of honorary resolutions for constituents; and

v. The nominal purchase of memorial or get-well gifts, flowers, party favors, or similar items for constituents or other persons involved in the execution of the officeholder's duties;

2. Purchase of items including:

i. A portable telephone, including a telephone in the vehicle used by the officeholder for official travel;

ii. Signs indicating the location of the office used by the officeholder for carrying out official duties whether or not such signs are situated on the premises;

iii. Janitorial supplies and other consumables for the office used in connection with the officeholder's official duties, and funding of a "petty cash" account established pursuant to 19:25-6.4(b) for that purpose; and

iv. Newspapers, magazines or other periodicals used in connection with carrying out officeholding duties;

3. Costs of dues for membership in educational organizations related to officeholding duties, and costs of registration and attendance at conferences or seminars attended in connection with officeholding duties. Such costs may include the reasonable expense of travel, lodging, and other subsistence expenses; and

4. Cost of travel by means other than by a vehicle as described in 19:25-6.8, Vehicle use, when such travel is undertaken in connection with the performance of duties as an elected officeholder, provided that such travel is not undertaken for any purpose resulting in a person or financial benefit to the candidate or officeholder.

N.J. Admin. Code § 19:25-6.7

New Rule, R.1994 d.528, effective 10/17/1994.
See: 26 N.J.R. 2753(a), 26 N.J.R. 4214(a).