Campaign Reporting State Of New Jersey Election Law Enforcement Commission December, 2010 This PowerPoint Presentation is not intended to supersede the

Campaign ReportingCampaign ReportingState Of New JerseyState Of New JerseyElection Law Enforcement CommissionElection Law Enforcement Commission

December, 2010December, 2010

This PowerPoint Presentation is not intended to supersede the Act and Regulations, and in the event of any inconsistency, the Act and Regulations prevail. Accordingly, it is recommended that you review the Compliance Manual for Candidates and the Regulations which are available on ELEC’s website for further reporting details. In addition, we recommend that you obtain a copy of the Act.

Appointing a Campaign Appointing a Campaign TreasurerTreasurer

▪ Any competent person 18 years of age Any competent person 18 years of age or olderor older

▪ Candidate Candidate CANCAN serve as his/her own serve as his/her own treasurertreasurer

▪ Chairperson of a PPC Chairperson of a PPC CANNOTCANNOT be be chairperson, treasurer or deputy chairperson, treasurer or deputy treasurer unless he/she is the treasurer unless he/she is the candidatecandidate

Resignation, Removal, or Resignation, Removal, or Death Of A TreasurerDeath Of A Treasurer

▪ Notify ELEC within 10 daysNotify ELEC within 10 days

▪ Appoint a successor within 20 daysAppoint a successor within 20 days

▪ Notify ELEC within 3 days of Notify ELEC within 3 days of appointing a successor on amended appointing a successor on amended Form D-1 or D-2Form D-1 or D-2

Establishing A Campaign Establishing A Campaign DepositoryDepository

▪ Bank account (checking, savings, etc.) Bank account (checking, savings, etc.) established to receive contributions established to receive contributions and make expendituresand make expenditures

▪ Single depository can only serve more Single depository can only serve more than one candidate if the candidates than one candidate if the candidates have formed a joint candidates have formed a joint candidates committeecommittee

▪ File Form D-1 or D-2 within 10 days of File Form D-1 or D-2 within 10 days of opening accountopening account

Naming The Campaign Naming The Campaign DepositoryDepository

▪ Name should be the same as the Name should be the same as the committee namecommittee name

▪ Name of the candidate committee or Name of the candidate committee or joint candidates committee must be joint candidates committee must be the sole name under which the sole name under which contributions are received, contributions are received, expenditures are made, and political expenditures are made, and political identification statements are providedidentification statements are provided

Naming A CommitteeNaming A Committee

▪ Single Candidate Committee - Must Contain Single Candidate Committee - Must Contain Surname and Office Sought Surname and Office Sought (Ex: “Smith for Assembly”)(Ex: “Smith for Assembly”)

▪ Joint Candidates Committee - Must Contain Joint Candidates Committee - Must Contain Surnames (Ex: “Smith, Jones, and Doe”) or Surnames (Ex: “Smith, Jones, and Doe”) or Political Party & District, County or Political Party & District, County or Municipality (Ex: “Anytown Republicans,” Municipality (Ex: “Anytown Republicans,” “District 99 Democrats”) or the District, “District 99 Democrats”) or the District, County or Town for non-partisan or County or Town for non-partisan or independent candidates (Ex: Anytown independent candidates (Ex: Anytown Committee)Committee)

Single Candidate Single Candidate CommitteeCommittee

▪ Name the committeeName the committee

▪ Appoint a treasurerAppoint a treasurer

▪ Open a depository (no later than the date Open a depository (no later than the date the 1the 1stst contribution is received or contribution is received or expenditure is made)expenditure is made)

▪ Within 10 days file Form D-1 “Single Within 10 days file Form D-1 “Single Candidate Committee Certificate of Candidate Committee Certificate of Organization and Designation of Campaign Organization and Designation of Campaign Treasurer and Depository”Treasurer and Depository”

Joint Candidates Joint Candidates CommitteeCommittee

▪ Name the committeeName the committee

▪ Appoint a treasurerAppoint a treasurer

▪ Open a depository (no later than the date Open a depository (no later than the date the 1the 1stst contribution is received or contribution is received or expenditure is made)expenditure is made)

▪ Within 10 days file Form D-2 “Joint Within 10 days file Form D-2 “Joint Candidates Committee Certificate of Candidates Committee Certificate of Organization and Designation of Campaign Organization and Designation of Campaign Treasurer and Depository”Treasurer and Depository”

Establishment of a Establishment of a Reporting CommitteeReporting Committee

▪ Can establish a single candidate committee Can establish a single candidate committee and/or be part of a joint candidates and/or be part of a joint candidates committee - Max of one of eachcommittee - Max of one of each

▪ No general election account until after the No general election account until after the primary election is overprimary election is over

▪ Candidate for two different offices must Candidate for two different offices must establish separate committees. establish separate committees. No No comingling of fundscomingling of funds (No transferring back (No transferring back and forth)and forth)

ReportingReporting

Must report for each electionMust report for each election

▪ Even if no money raised/spent, unopposed or withdrawnEven if no money raised/spent, unopposed or withdrawn

▪ Primary and General are separate electionsPrimary and General are separate elections

▪ "Election" begins with first activity "Election" begins with first activity (first contribution, first (first contribution, first expenditure, opening an account, forming a committee)expenditure, opening an account, forming a committee)

▪ No "testing the waters"No "testing the waters"

▪ "Election cycle" cannot conclude before 17th day "Election cycle" cannot conclude before 17th day following the election datefollowing the election date

▪ Candidates/Committees finalize at the 20 day post or first Candidates/Committees finalize at the 20 day post or first quarterly filing unless they meet one of the exemptionsquarterly filing unless they meet one of the exemptions

Single Candidate ReportingSingle Candidate Reporting

Spending $4,000 or Spending $4,000 or LessLess

▪ Form A-1 filed once on or Form A-1 filed once on or before 29 day pre-before 29 day pre-election due dateelection due date

▪ Form D-1Form D-1

▪ Form C-1 on 29, 11, and Form C-1 on 29, 11, and 20 day reporting dates 20 day reporting dates ifif contributions received contributions received over $300 or cashover $300 or cash

▪ 48 hour notices48 hour notices

Spending Over $4,000Spending Over $4,000


▪ Form R-1 on 29, 11, and Form R-1 on 29, 11, and 20 day reporting dates20 day reporting dates


Joint Candidates ReportingJoint Candidates Reporting




▪ Form C-1 on 29, 11, and Form C-1 on 29, 11, and 20 day reporting dates 20 day reporting dates ifif contributions received contributions received over $300 or cashover $300 or cash






Only 2 CandidatesOnly 2 Candidates

Joint Candidates ReportingJoint Candidates Reporting




▪ Form C-1 on 29, 11, and Form C-1 on 29, 11, and 20 day reporting dates 20 day reporting dates if if contributions received contributions received over $300 or cashover $300 or cash






3 or more Candidates3 or more Candidates

ReportingReporting

Committee established Committee established 5 months or less 5 months or less prior to the 29 dayprior to the 29 day

▪ 29 days before an 29 days before an electionelection


▪ 20 days after an 20 days after an electionelection

Committee established Committee established more than 5 months more than 5 months prior to the 29 dayprior to the 29 day

▪ Quarterly reports on Quarterly reports on April 15April 15thth, July 15, July 15thth, , October 15October 15thth, and , and January 15January 15thth



▪ 20 days after an 20 days after an electionelection

ContributionsContributions

▪ A transfer of money or thing of value made A transfer of money or thing of value made to, or on behalf of a candidate to, or on behalf of a candidate

▪ Can be monetary (currency, check, money Can be monetary (currency, check, money order, etc.) or “in-kind” (goods or services)order, etc.) or “in-kind” (goods or services)

▪ Contributions must be deposited within 10 Contributions must be deposited within 10 daysdays

▪ A written record of all contributions must A written record of all contributions must be made and maintained regardless of be made and maintained regardless of amountamount

Monetary ContributionsMonetary Contributions

▪ CurrencyCurrency▪ Up to $200 per contributor per electionUp to $200 per contributor per election

▪ Must be reported in detail regardless of the amountMust be reported in detail regardless of the amount

▪ Check or Other Negotiable InstrumentCheck or Other Negotiable Instrument▪ $300 or less reported in lump sum amount but detailed $300 or less reported in lump sum amount but detailed

contributor information kept for your recordscontributor information kept for your records

▪ Over $300 reported in detail on Form C-1 or R-1Over $300 reported in detail on Form C-1 or R-1

▪ Be sure to correctly identify the contributorBe sure to correctly identify the contributor

▪ Electronic TransferElectronic Transfer▪ Date of receipt = Date of authorizationDate of receipt = Date of authorization

▪ Fees reported as expenditures – not “netted out”Fees reported as expenditures – not “netted out”

In-Kind ContributionsIn-Kind Contributions

▪ Goods or services contributed to a Goods or services contributed to a candidate or committeecandidate or committee

▪ Must report fair market valueMust report fair market value

▪ Unpaid volunteer personal services Unpaid volunteer personal services are not in-kind contributionsare not in-kind contributions

Personal FundsPersonal Funds

▪ No limit to own campaignNo limit to own campaign

▪ Must be initially characterized as a Must be initially characterized as a loan in order to be repaidloan in order to be repaid

▪ May contribute to other candidates or May contribute to other candidates or committees as an individual within committees as an individual within contribution limitscontribution limits

LoansLoans

▪ Reported as a loan at time it is Reported as a loan at time it is received received

▪ Continually reported as an outstanding Continually reported as an outstanding obligation until repaidobligation until repaid

▪ Subject to contribution limitsSubject to contribution limits

▪ When lender is a bank and has been When lender is a bank and has been guaranteed, co-signer/guarantor guaranteed, co-signer/guarantor becomes contributorbecomes contributor

Contribution ReportingContribution Reporting

▪ Detailed information that must be reported:Detailed information that must be reported:▪ Date receivedDate received

▪ AmountAmount

▪ Total amount of all contributions received from each Total amount of all contributions received from each contributor for that electioncontributor for that election

▪ Name and mailing address of contributorName and mailing address of contributor

▪ Occupation (if contributor is an individual)Occupation (if contributor is an individual)

▪ Name and address of contributor’s employerName and address of contributor’s employer

▪ Reported on Form C-1 if spending under reporting Reported on Form C-1 if spending under reporting threshold threshold

▪ Reported on Form R-1 if spending more than Reported on Form R-1 if spending more than reporting thresholdreporting threshold

48-Hour Contribution 48-Hour Contribution ReportingReporting

▪ If over $1,200 in the aggregate starting If over $1,200 in the aggregate starting 13 days prior to the election up to and 13 days prior to the election up to and including election dayincluding election day

▪ Must be reported within 48 hoursMust be reported within 48 hours

▪ Reported by fax or electronicallyReported by fax or electronically

▪ On Form C-1On Form C-1

Prohibited ContributorsProhibited Contributors

▪ Banks, insurance corporations, public Banks, insurance corporations, public utilities, cable television corporations, casino utilities, cable television corporations, casino interests, and foreign nationalsinterests, and foreign nationals

▪ Anonymous contributorsAnonymous contributors

▪ Partnerships, limited liability partnerships or Partnerships, limited liability partnerships or limited liability companies as entities.limited liability companies as entities.

▪ Certain businesses restricted by “Pay-to-Certain businesses restricted by “Pay-to-Play” lawsPlay” laws

Contribution LimitsContribution Limits

▪ Refer to the contribution limits chart Refer to the contribution limits chart found in the manualfound in the manual

▪ Aggregate all types of contributions Aggregate all types of contributions togethertogether

▪ Return or refund excessive contributions Return or refund excessive contributions

▪ Keep copies of original and refund checkKeep copies of original and refund check

▪ Review the Equal Attribution Rule in the Review the Equal Attribution Rule in the manualmanual

ExpendituresExpenditures

▪ Includes actual disbursements made and Includes actual disbursements made and outstanding obligations incurred, but not yet paidoutstanding obligations incurred, but not yet paid

▪ Includes transfer of money or other thing of value, Includes transfer of money or other thing of value, any pledge, commitment, or assumption of liability any pledge, commitment, or assumption of liability to transfer money or other thing of valueto transfer money or other thing of value

▪ No limitsNo limits

▪ Must be made through campaign depositoryMust be made through campaign depository

▪ Must be made through treasurer or deputy treasurerMust be made through treasurer or deputy treasurer

▪ Must be for one of the six permissible usesMust be for one of the six permissible uses

Permissible UsesPermissible Uses

1. Payment of Campaign Expenses1. Payment of Campaign Expenses

2. Donations to Charity2. Donations to Charity

3. Contributions to Others3. Contributions to Others

4. Payment of Overhead Expenses4. Payment of Overhead Expenses

5. Pro Rata Repayment of Contributors5. Pro Rata Repayment of Contributors6. Ordinary and Necessary Officeholding 6. Ordinary and Necessary Officeholding

ExpensesExpenses

Expenditure ReportingExpenditure Reporting

▪ Detailed information that must be reported Detailed information that must be reported on Form R-1:on Form R-1:

▪ DateDate

▪ AmountAmount

▪ Full name and mailing address of payeeFull name and mailing address of payee

▪ Purpose (Be Specific!)Purpose (Be Specific!)

▪ Check number or “debit card”Check number or “debit card”

▪ Recorded but not reported if filing Form A-1 Recorded but not reported if filing Form A-1 or A-2 or A-2

48-Hour Expenditure 48-Hour Expenditure ReportingReporting

▪ If over $1,200 in the aggregate, on behalf of If over $1,200 in the aggregate, on behalf of another committee, starting 13 days prior to another committee, starting 13 days prior to the election up to and including election daythe election up to and including election day

▪ Must be reported within 48 hours Must be reported within 48 hours

▪ Reported by fax or electronicallyReported by fax or electronically

▪ On Form E -1On Form E -1

▪ Note: A candidate is not required to file 48-hour Note: A candidate is not required to file 48-hour expenditure notices to report activity for their expenditure notices to report activity for their own campaignown campaign

Credit Card Expenditure Credit Card Expenditure ReportingReporting▪ Credit Card established in the name of the Credit Card established in the name of the

reporting committeereporting committee

▪ Name of lending institution (ex: Wachovia)Name of lending institution (ex: Wachovia)

▪ Check number, payment date and amount of the Check number, payment date and amount of the check issued to the credit card companycheck issued to the credit card company

▪ Itemized description of each purchase (see Itemized description of each purchase (see manual for additional requirements) manual for additional requirements)

▪ Credit Card established in name of Credit Card established in name of candidate (personal account)candidate (personal account)

▪ Reported as a loanReported as a loan


Petty cash fundPetty cash fund

▪ Up to $100 for incidental expensesUp to $100 for incidental expenses

▪ Can be Can be occasionallyoccasionally replenished replenished

▪ Keep receiptsKeep receipts

▪ Report purposesReport purposes


Street MoneyStreet Money

▪ For campaign or GOTV workersFor campaign or GOTV workers

▪ Must be paid by checkMust be paid by check

▪ Report name and address but no SS#Report name and address but no SS#

Impermissible UsesImpermissible Uses

▪ Personal Use, includes but is not limited to:Personal Use, includes but is not limited to:▪ Mortgage payment for property not owned or Mortgage payment for property not owned or

leased by committeeleased by committee

▪ Payment for a vehicle not owned or leased by Payment for a vehicle not owned or leased by the committeethe committee

▪ Purchase of clothing, household food or Purchase of clothing, household food or personal hygiene itemspersonal hygiene items

▪ Tuition payment (consult manual for exceptions)Tuition payment (consult manual for exceptions)

▪ Payment of dues or fees to country or fitness Payment of dues or fees to country or fitness club or other social or fraternal associationclub or other social or fraternal association

▪ Payment of a salary to the candidatePayment of a salary to the candidate

Labeling of Political Labeling of Political CommunicationsCommunications

▪ ““Paid For By” LanguagePaid For By” Language

▪ Needs to be on any communication with Needs to be on any communication with the public including flyers, posters, letters, the public including flyers, posters, letters, television and radio ads, telephone television and radio ads, telephone recordings, etc.recordings, etc.

▪ Must include Must include Committee Name and Full Committee Name and Full Mailing AddressMailing Address

Ex: “Paid for by Smith for Assembly, 1234 Ex: “Paid for by Smith for Assembly, 1234 Main Street, Anytown, NJ 00000”Main Street, Anytown, NJ 00000”

Record Keeping and FilingRecord Keeping and Filing

▪ A written record of all contributions and A written record of all contributions and expenditures must be kept for expenditures must be kept for four four years after the date of the election years after the date of the election or the last transaction related to the or the last transaction related to the election whichever is longer election whichever is longer

▪ Keep copies of receipts, bank and credit Keep copies of receipts, bank and credit card statements, etc. card statements, etc.

▪ Reports must be Reports must be receivedreceived no later no later than 5 p.m. on the filing due datethan 5 p.m. on the filing due date

Record Keeping and FilingRecord Keeping and Filing

▪ Electronic Filing is availableElectronic Filing is available

▪ Mandatory for legislative candidates Mandatory for legislative candidates spending over $100,000spending over $100,000

▪ File an original and two copiesFile an original and two copies

▪ File a copy with the County ClerkFile a copy with the County Clerk

Documents

Campaign Reporting State Of New Jersey Election Law Enforcement Commission December, 2010 This PowerPoint Presentation is not intended to supersede the