N.J. Election Law Enforcement Commission · Association of Higher Education, Vice Chair Franzese is the author of two books as well as numerous publications ... (1990-1992) and served

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N.J. Election Law Enforcement Commission

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2001 Annual Report i

Commission’s Office

New Jersey Election Law Enforcement Commission28 West State Street, 13th Floor

Trenton, New Jersey

(609) 292-8700

The Election Law Enforcement Commission is dedicated to administering “The New Jersey CampaignContributions and Expenditures Reporting Act,” “The Gubernatorial, Legislative Disclosure Statement Act,”various portions of the “Legislative Activities Disclosure Act,” and various portions of the “Uniform RecallElection Law.”

Clockwise: Chair Ralph V. Martin, Vice Chair Paula A. Franzese, Executive Director Frederick M. Herrmann, Deputy Director Jeffrey M. Brindle, LegalDirector Gregory E. Nagy, Deputy Legal Director Nedda Gold Massar, Commissioner Peter J. Tober, and Commissioner Susan S. Lederman.

MISSION STATEMENT

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2001 Annual Report ii

Page

The Commission..............................................................................................................................1

Chair’s Message ..............................................................................................................................5

Commission Staff ............................................................................................................................7

Table of Organization ......................................................................................................................8

Executive Director’s Remarks ..........................................................................................................9

ELEC Overview............................................................................................................................ 11

Statutory History of ELEC ............................................................................................................. 12

Legislative Review and Recommendations ...................................................................................... 13

Legal Section................................................................................................................................. 15

Compliance and Information Section............................................................................................... 17

Review and Investigation Section ................................................................................................... 19

Gubernatorial Public Financing Section........................................................................................... 21

Systems Administration Section...................................................................................................... 23

ELEC’s Home Page....................................................................................................................... 25

Administration Section................................................................................................................... 26

Budget Overview and Evaluation Data............................................................................................ 28

TABLE OF CONTENTS

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2001 Annual Report iii

By visiting our offices located at:New Jersey Election Law Enforcement Commission28 West State StreetTrenton, NJ

By mail at:New Jersey Election Law Enforcement CommissionP.O. Box 185Trenton, NJ 08625-0185

By telephone at: By Fax at:(609) 292-8700 48-hour notice: 292-7662

Requests: 292-7664Administration: 777-1448Legal: 777-1457

Via the Internet at:http://www.elec.state.nj.us/

HOW TO CONTACT ELEC

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2001 Annual Report 1

Ralph V. Martin, ChairRalph V. Martin, retired Superior Court Judge

serving Passaic County, and now a practicing attorney inWayne, New Jersey, was appointed to fill an unexpired

term on the

Commission inDecember, 1995,

and was

appointed Chairin February,

1996. He is

serving his thirdterm on the

Commission.

While

a Superior Court

Judge, the Chairwas involved in

all divisions of the Court, with most of his service

occurring in the Civil Division.

A graduate of Rutgers University with a B.S. and

M.S., Judge Martin earned his J.D. from RutgersUniversity. He was subsequently admitted to the New

Jersey and U.S. District Courts and the U.S. Supreme

Court.

The Chair is a member of the Passaic County and

State of New Jersey Bar Associations. He has a legalinterest in complex litigation and media delivery issues.

Judge Martin chaired the Supreme Court Media Committee

for an extensive period of time.

A veteran of the U.S. Army, he served as a

Nuclear Guided Missile Officer from 1951-1955 (14thOrdnance Battalion). The Chair is married to the former Ida

K. Kuiphoff. They have four sons.

Paula A. Franzese, Vice ChairPaula A. Franzese is serving her second term on

the Commission. Appointed in 1996, Commissioner

Franzese is Professor ofLaw at the Seton Hall

University School of

Law, and has taught atColumbia University,

Fordham University and

the University of Parma,Italy. She is a nationally

recognized lecturer,

President of the JusticeResource Center, and

commentator for Court

T.V.

A graduate of the Columbia University School of

Law and Barnard College, Columbia University, ViceChair Franzese is a member of the New Jersey and New

York bars and is admitted to practice in the U.S. District

Courts for the Southern and Eastern Districts of New Yorkand the District of New Jersey.

A recipient of numerous awards and honors,including being named Professor of the Year for an

unprecedented five times, Woman of the Year by various

organizations, and Exemplary Teacher by the AmericanAssociation of Higher Education, Vice Chair Franzese is

the author of two books as well as numerous publications

and papers.

Vice Chair Franzese has been appointed to the

Blue Ribbon Advisory Commission to the Council toRebuild Lower New York. She is the Founder of the New

Jersey Mentor Program, which provides inner-city youth

with the opportunity to participate in the legal system andwith access to role models within the profession. She is

married to Michael R. Rosella. The couple has two

children, Michael Luigi who is 8, and Nina Paula, who is 5.

THE COMMISSION

Ralph V. Martin Chair

Paula. A. Franzese, Vice Chair

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2 2001 Annual Report

Susan S. Lederman, Ph.D., CommissionerSusan S. Lederman,

appointed to the Commission in2000, is a Professor of PublicAdministration at KeanUniversity and Director of theCommunity Outreach PartnershipCenter, Gateway Institute. Shewas the founding ExecutiveDirector of the Gateway Institutefor Regional Development andhas served as Director of Kean’sMaster of Public AdministrationProgram. She has been on thefaculty at the University since1977.

Commis sionerLederman is also a past presidentof the League of Women Votersof the United States (1990-1992)and served as the president of theNew Jersey League of Women Voters from 1985 to1989. She chaired the Local GovernmentExpenditure and Finance Task Force of the NewJersey State and Local Expenditure and RevenuePolicy Commission from 1985 to 1988 and also wasa member of the Local Expenditure LimitationsTechnical Review Commission.

Dr. Lederman holds leadership positions invarious civic organizations, notably, on the executivecommittee of New Jersey Future, on the executivecommittee of the Regional Plan Association, and assecretary-treasurer of the Jefferson Center, aMinnesota based political research, education, andreform organization. She was an elected member ofthe Common Cause National Governing Association(1994-2000). In 1998, the Commissioner also servedon Governor Christine Todd Whitman’s Property TaxCommission. She is co-author of the book, Electionsin America: Control and Influence in Democratic

Politics. Commissioner Lederman also served on theSupreme Court of New JerseyDisciplinary Oversight Committee as apublic member and on the Board ofDirectors of the Public EducationInstitute. She is a former president ofthe Northeastern Political ScienceAssociation and has also served as adirector of the Alliance for HealthReform; on the Council on New JerseyAffairs, Princeton University; and onother boards and commissions. In2001 Dr. Lederman was the recipientof the Public Interest Law Center’sEric Neisser Public Service Award forher lifelong dedication to serving thegreater good of our community.

Commissioner Ledermanholds an A.B. degree in PoliticalScience from the University ofMichigan and an M.A. and Ph.D. in

Political Science from Rutgers, The State Universityof New Jersey. She was born in Bratislava, Slovakia,and immigrated with her family to the United Statesin 1948. Her husband, Peter, and she reside in NewProvidence, New Jersey, and have two grownchildren, Stuart, of Madison, New Jersey and Ellen,of Wyssington-near-Nayland in the United Kingdom.

THE COMMISSION continued

Susan S. Lederman, Commissioner

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Peter J. Tober, CommissionerPeter J. Tober, appointed to the Commission

in January,served as

SeniorAssistant

Counsel toformer

GovernorChristine ToddWhitman andformer Acting

GovernorDonald T.DiFrancesco.

Anadvisor to the

former governors on election, ethics, banking, andinsurance issues, Commissioner Tober served as theliaison to the New Jersey State Senate.

Commissioner Tober is a graduate ofCornell University, where he majored in economicsand government, and of Hofstra University School ofLaw, where he was Associate Editor of the HofstraLaw Review and a Moot Court Judge.

Admitted to the Bar in New Jersey and NewYork, Commissioner Tober began working forWilentz, Goldman and Spitzer, P.C. in 1992.

An associate on the complex commerciallitigation team, he served as lead counsel on jury andnon-jury trials and specialized in partnershipdisputes, restrictive covenants, antitrust, andintellectual property law.

Commissioner Tober is now associated withthe firm of Kelly and Brennan.

Frederick M. Herrmann, Ph.D.,Executive Director

Frederick M. Herrmann has been theexecutive director of the New Jersey Election LawEnforcement Commission for eighteen years. He

received an A.B. (1969) from the University ofPennsylvania and an M.A. (1970) and a Ph.D. (1976)from Rutgers, The State University of New Jersey.Dr. Herrmann is also an honor graduate of the UnitedStates Army Quartermaster School at Fort Lee,Virginia.

The author of many publications abouthistory and government, he is a frequent speaker atvarious forums inside and outside of New Jersey. Dr.Herrmann has also appeared as a campaign financingand lobbying law expert on radio and television.Currently, he is the book review editor of theGuardian and on the editorial board of PublicIntegrity. He is also on the Board of Trustees for theFriends of the State House.

Once a teacher at Rutgers and KeanUniversities as well as a staff member of the New

Peter J. Tober, Commissioner


Frederick M. Herrmann, Executive Director

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Jersey Legislature, he has also served on theOrganizational Planning and CoordinatingCommittee of the Council of State Governments andhas been the President of the Council onGovernmental Ethics Laws (COGEL), aninternational organization, and the Chairperson of theNortheastern Regional Conference on Lobbying(NORCOL). Executive Director Herrmann currentlyserves on the COGEL Awards and PublicationsCommittees.

At its regional meeting in 2001, NORCOLpresented Dr. Herrmann with its 20th AnniversaryService Award for his outstanding efforts on behalfof and contributions to the organization. In 1993, hewas the recipient of the Annual COGEL Award forhis continued efforts to promote the highest level ofethical conduct among governmental officials andcandidates for public office in the international arena.He has met often with dignitaries from variousjurisdictions throughout the world to assist in thedeveloping and drafting of statutes and regulations.

James P. Wyse, CounselJames P. Wyse was selected to be the

Commission’sCounsel in1994 andbegan servingin that capacityin January,1995.

Mr.Wyse is anattorney basedin Morristownwhospecializes inthe areas ofcorporate andcommerciallaw, real estate, environmental law, and estateplanning.

Mr. Wyse, admitted to practice in NewJersey and before the United States Court of Appealsfor the Third Circuit, has argued cases in that Courtand before the New Jersey Supreme Court.

As Counsel for a number of national, State,and local land trust organizations, Mr. Wyse hasdeveloped special expertise regarding conservationand agricultural easements and innovative landpreservation techniques.

Mr. Wyse received a B.A. degree fromBucknell University and J.D. degree with honorsfrom the Rutgers University School of Law.

Appointed General Counsel to the NewJersey Conservation Foundation, he also advises theJunior League of Morristown, the Morris Shelter,Inc., and the Deirdre O’Brien Child AdvocacyCenter. Married to Pamela Paxton, he serves on theBoard of Trustees of the Morris Land Conservancy.


James P. Wyse, Counsel

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Since the inception of the gubernatorialpublic financing program in 1977, the Commission

has taken its charge of administering this programvery seriously. Last year was no exception.

In typical fashion, the 2001 gubernatorialelection presented many challenges, all of whichwere managed by the Commission in a responsibleand nonpartisan manner. A total of $22.3 milliondollars was distributed to five qualifying primary andgeneral election candidates in a timely andprofessional manner.

New Jersey’s gubernatorial public financingprogram contains two statutory goals: to helpcandidates of limited means run for governor and toeliminate undue influence from the process. Throughthe years a total of 56 candidates have qualified forand received over $84.5 million in public funds,allowing them to undertake meaningful and effectivecampaigns to the benefit of the electoral process inNew Jersey. With the completion of anothersuccessful gubernatorial public financing effort in2001, it is clear that the twin goals of the programcontinue to be met.

While the gubernatorial public financingprogram was the highest profile activity undertakenby the Commission last year, it should be noted thatthe Commission’s well regarded computer initiativecontinued to be improved too. One of the highlightsof 2001 was the introduction of a new and improvedelectronic filing program made available to alllegislative candidates. In addition, for the first time,gubernatorial candidates were able to fileelectronically in both the primary and generalelections, a process which enhanced theCommission’s ability to disclose gubernatorialfinancial information on an expedited basis, andincreased the public financial staff’s capacity toreview information submitted by the candidates.

Via the Internet, citizens can view thereports of all candidates and political entities that filewith the Commission. In addition, contributorsearches can be undertaken vis-à-vis contributionsmade to legislative and gubernatorial candidates.Though the State’s fiscal picture may slow theCommission’s plans to expand this searchable database to include local candidates and other politicalentities, this effort is certainly in the Commission’splans for the future.

The Commission is proud of its automationand Internet disclosure system, which is thought bymany to be the best in the nation.

Besides the accomplishments ingubernatorial public financing and the computerinitiative, other achievements stand out as well. Inthe area of analysis, for example, research wasundertaken relative to the campaign financing ofschool board elections in New Jersey. These effortsculminated in the recent publication of anotheroriginal study sponsored by the Commission, entitledSchool Board Campaign Financing. Written by

MESSAGE FROM THE CHAIR

Ralph V. Martin Chair

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Deputy Director Jeffrey M. Brindle, it is the 15th suchstudy in this important series.

The Commission also produces analyticaldata concerning the financial activity of candidates,political parties, and lobbyists.

The Commission’s Legal Section issuedmany significant advisory opinions in 2001. At timesdealing with matters involving public financing, theseadvisory opinions often set the stage for futureregulatory activity. This process will be furthered bythe public hearings on the gubernatorial publicfinancing program held recently by the Commission.

Besides its excellent work relative toadvisory opinions, the Legal Section draftednumerous regulatory proposals and issued 85complaints against violators of the Act.

The Review and Investigation Section, forits part, completed 55 investigations that resulted inpenalty actions. These actions resulted in severalsignificant fines against serious violators of thecampaign financing and lobbying acts.

The Compliance Section scanned andprocessed approximately 24,000 reports and 11,614requests for information. In keeping with its paststellar record, the efforts of the Compliance Sectionenabled candidates and other reporting entities tocomply with the law at a rate of 90 percent in 2001.

A well-known leader in the field of ethicsinternationally, Executive Director Frederick M.Herrmann continued to do a superb job in leading theCommission in 2001. His commitment to ELEC asan institution and his unflinching desire to advancegovernmental ethics in the State and throughout thenation is an inspiration to staff and the people of NewJersey.

Executive Director Herrmann exhibited trueenthusiasm for his field of endeavors as a member ofthe editorial board of Public Integrity, the bookreview editor of the Guardian (the quarterlypublication of the Council on Governmental EthicsLaws), a member of the Council’s Awards andPublications Committees, and a participant in theNortheastern Regional Conference on Lobbying,which bestowed upon him in 2001 its 20th

Anniversary Service Award. Moreover, theExecutive Director continued to speak to numerousgroups about campaign financing in New Jersey.Further, he contributed to the already establishedreputation of the Commission by publishing“Lobbying in New Jersey 2001” and “Is there a Rolefor Campaign Financing Agencies in the FightAgainst Terrorism?” in the Guardian.

The Commission would like to express itsappreciation to former Commissioner Lynnan B.Ware for her excellent service to the people of NewJersey as well as to extend a warm welcome to newCommissioner Peter J. Tober.

In many ways, 2001 has been a year ofaccomplishments for the Commission. As Chair ofELEC, and on behalf of my fellow Commissioners, Iam honored to serve and present this report to theLegislature. It is of great satisfaction to all of us thatwe have been able to build upon over a quartercentury of tradition in serving the cause ofgovernmental ethics in New Jersey.

MESSAGE FROM THE CHAIR continued

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Executive

Frederick M. Herrmann, Ph.D., Executive DirectorJeffrey M. Brindle, M.A., Deputy DirectorGregory E. Nagy, Esq., Legal DirectorElbia L. Zeppetelli, Administrative AssistantSteven Kimmelman, M.A., Research Associate

Administration

Barbra A. Fasanella, DirectorDonna D. Margetts, M.A. Personnel OfficerElaine J. Salit, Fiscal OfficerDebra A. Kostival, Principal ReceptionistIrene Comiso, Senior Receptionist

Compliance and Information

Evelyn Ford, Esq., DirectorLinda White, Associate DirectorKimberly Key, Associate Compliance OfficerChristopher Guear, M.A., Assistant Compliance OfficerTitus Kamal, Assistant Compliance OfficerNancy Fitzpatrick, Assistant Compliance OfficerMichelle McDevitt, Assistant Compliance OfficerDesiree DeVito, Public Room AssistantMonica Triplin-Nelson, Technical AssistantElizabeth A. Michael, Technical AssistantMaria Concepcion, Sr. ClerkSamira Wood, Sr. ClerkJoseph Sargenti, Messenger

Legal

Nedda Gold Massar, Esq., Deputy Legal Director*Gail Shanker, Esq., Associate Legal DirectorMaria Novas-Ruiz, Esq., Assistant Legal DirectorMichelle Levy, Esq., Assistant Legal DirectorRuth Ford, Legal Secretary

Systems Administration

Carolyn Neiman, DirectorKim Vandegrift, Assistant Systems AdministratorAnthony Giancarli, Assistant Systems AdministratorBrian Robbins, Assistant Systems DeveloperPeter Palaitis, Help Desk TechnicianBrenda A. Brickhouse, Data Entry SupervisorShirley R. Bryant, Senior Data Entry TechnicianNelly R. Rosario, Associate Data Entry TechnicianBarbara Counts, Associate Data Entry TechnicianPamela Kinsey, Associate Data Entry TechnicianDarlene Kozlowski, Associate Data Entry TechnicianHelen Kelly, Associate Data Entry Technician

Review and Investigation

Carol Hoekje, Esq., DirectorShreve E. Marshall, Jr., Associate DirectorBrett Mead, Associate Review OfficerAmy Davis, Assistant Review OfficerRenee Cardelucci, Legal Secretary

Public Financing

Nedda Gold Massar, Esq., Director*Louis Solimeo, Computer SpecialistHelen Staton, AnalystRahsan Canturk, AnalystLauren Yarosheski, AnalystTamika Kinsey, Data Entry Technician

*Serves in both positions

COMMISSION STAFF

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COMMISSION COUNSEL

EXECUTIVE DIRECTOR 1

ADMINISTRATIVEASSISTANT

1

DEPUTY DIRECTOR 1

LEGAL DIRECTOR 1

DIRECTOR OFADMINISTRATION

5

DIRECTOR OFCOMPLIANCE AND

INFORMATION 13

DIRECTOR OF PUBLICFINANCING

6

DIRECTOR OF REVIEWAND INVESTIGATION

5

DIRECTOR OF SYSTEMSADMINISTRATION

12

LEGAL 4

Fiscal & management ServicesBudgetPersonnelPurchasingPayrollReception

Program analysisRecords retentionPublic educationPublic disclosure reports

Technical assistanceReport analysisPublic disclosure reports

Report reviewDesk auditsField investigationsComplaint recommendations

Data entryStatistical reportsComputer operation & maintenance

LitigationFinal DecisionsEnforcementAdvisory OpinionsRegulations

RESEARCH ASSOCIATE 1

TABLE OF ORGANIZATION

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Early in 2001, Senator William L. Gormley(R-District 2) told the Press (Atlantic City) that theElection Law Enforcement Commission (ELEC)“must be provided the tools necessary to make surethe State’s campaign finance laws are enforced andthat the public has access to information about thecandidates running for public office.” The senatorwas particularly concerned about ELEC’sability to monitor local elections.Consequently, he had cosponsored withSenator Wayne R. Bryant (D-District 5) S-2083 to double the Commission’s annualoperating budget to $6 million. OnFebruary 26, this bill was releasedunanimously with bipartisan support fromthe Senate Budget and AppropriationsCommittee. The cosponsors and thecommittee to their great credit realized thatthe dynamic growth of campaign financingand lobbying activity (particularly at themunicipal and school board levels), moreexpansive disclosure requirements enactedduring the nineties, and Internet disclosurehave pointed out the need for more vigorousadministration and enforcement of the Campaign Act.

Booming local spending is driving the needto focus more of ELEC’s resources at the municipaland school board levels. In the past decade, theCommission’s White Paper Number 14, LocalCampaign Financing, found that spending on localelections had increased by almost 60 percent. Schoolboard election spending, meanwhile, had grown byan astounding 215 percent. There are 566municipalities and 597 school districts that holdelections in New Jersey. Moreover, there are 1,100municipal political party committees. ELEC receivesabout 25,000 reports a year from its filing entities. In1999, the paper reported about 60 percent ofcampaign spending was local. Of the $43 millionspent, $18 million was for the General Assemblyelection while $25 million was for local elections.

New laws enacted during the nineties greatlyincreased the Commission’s workload. Contributionlimits were established for all candidates not onlythose running for Governor. Contributors now had todisclose their occupations and employers as well astheir home addresses. PAC registration was requiredand candidates had to report quarterly in non-election

years. Campaign communications needed to containa political identification statement and campaignfinancial disclosure became an essential element ofrecall elections.

The placing of all candidate reports on theInternet vastly heightened the need to make sure thatthey are all adequately reviewed for accuracy notonly for the protection of the public but also for theprotection of the candidates. Most reporting errors,especially at the local level, are inadvertent and arecaused by a lack of understanding of the law not by awillful attempt to evade it. Early detection of errorswill provide better disclosure for the public. It willalso reduce the legal exposure of those candidateswho are making honest mistakes.

EXECUTIVE DIRECTOR’S REMARKS

Frederick M. Herrmann, Executive Director

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After the horrific events of September 11th,there may well be another compelling reason toimprove ELEC’s ability to “follow the money.” Inan article entitled “Is there a Role for CampaignFinancing Agencies in the Fight Against Terrorism?”,which appears in the December, 2001 issue of theGuardian, I argue that it may be worth exploringacross the United States whether or not national andstate campaign funds could be misappropriated byterrorists for illicit purposes. Extremist groups havealready misused charitable and business funds topromote their nefarious schemes and foreigndonations have already seeped into the nation’spolitical campaigns. The time may have arrived tostrengthen agencies such as ELEC by enabling themto better monitor the millions of dollars being raisedand spent in American political campaigns.

The Commission agrees with SenatorsGormley and Bryant, the NJPIRG Law and PolicyCenter in its report Contracts and Campaigns, JonShure and Lawrence S. Lustberg in their reportCampaign Reform, and a number of the State’sleading newspapers that ELEC’s resources are justnot adequate to monitor 1,200 local elections as wellas gubernatorial and legislative ones. In thesedifficult budgetary times, it may not be immediatelypossible for New Jersey’s political leaders to takesuch a step as doubling the Commission’s budget.But, when the State’s economy does begin toimprove, it would be good for all concerned NewJerseyans to keep in mind the words of a citizenactivist to ELEC during a 1995 hearing. She simplystated that “the first expense of government should beto maintain the integrity of the democratic process.”Appropriating more funds to ELEC for: creating alocal contributions and expenditures data base,providing a more adequate review of local reports,and running an outreach program to assist oftenuninformed local candidates and committees of theirfiling responsibilities would go a long way toward

fulfilling her heartfelt expression of what should be abasic truth about how we are governed.

EXECUTIVE DIRECTOR’S REMARKS continued

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1973Frank P. Reiche, ChairJudge Sidney Goldmann, Vice ChairJudge Bartholomew Sheehan, CommissionerFlorence P. Dwyer, Commissioner

1974-1979Frank P. Reiche, ChairJudge Sidney Goldmann, Vice ChairJosephine Margetts, CommissionerArchibald S. Alexander, Commissioner

1980-1981Judge Sidney Goldmann, ChairJosephine Margetts, Vice ChairAndrew C. Axtell, CommissionerM. Robert DeCotiis, Commissioner

1982-1983Andrew C. Axtell, ChairM. Robert DeCotiis, Vice ChairJustice Haydn Proctor, CommissionerAlexander P. Waugh, Jr., Commissioner

1984-1986Andrew C. Axtell, ChairAlexander P. Waugh, Jr., Vice ChairJustice Haydn Proctor, CommissionerOwen V. McNanny III, Commissioner

1987-1988Judge Stanley G. Bedford, ChairOwen V. McNanny, III, Vice ChairAndrew C. Axtell, CommissionerDavid Linett, Commissioner

1989-1990Judge Stanley G. Bedford, ChairOwen V. McNany, III, Vice ChairDavid Linett, CommissionerS. Elliott Mayo, Commissioner

1991-1992Owen V. McNany, III, ChairJudge Stanley G. Bedford, CommissionerDavid Linett, Commissioner

1993-1994Owen V. McNany, III, ChairWilliam H. Eldridge, Vice ChairDavid Linett, Commissioner

1995William H. Eldridge, ChairOwen V. McNany, III, Vice ChairDavid Linett, CommissionerMichael Chertoff, Commissioner

1996Judge Ralph V. Martin, ChairDavid Linett, Vice ChairPaula A. Franzese, Commissioner

1997-2000Judge Ralph V. Martin, ChairDavid Linett, Vice ChairPaula A. Franzese, CommissionerLynnan B. Ware, Commissioner

2001Judge Ralph V. Martin, ChairPaula A. Franzese, Vice ChairLynnan B. Ware, CommissionerSusan S. Lederman, Commissioner

EXECUTIVE DIRECTORS

1973-1976 David F. Norcross1976-1981 Lewis B. Thurston, III1981-1984 Scott A. Weiner1984-present Frederick M. Herrmann

COUNSELS

1973-1994 Edward J. Farrell1994-present James P. Wyse

CONSULTANT

1973-1978, Herbert E. Alexander1982,1986-1988

ELEC OVERVIEW

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l Commission created by P.L. 1973, c.83(N.J.S.A. 19:44A-1 et seq.) -"The NewJersey Campaign Contributions andExpenditures Reporting Act" - effectivedate: April 24, 1973.

l Gubernatorial Public Financing Programestablished by P.L. 1974, c.26 (N.J.S.A.19:44A-27 et seq.) - effective date: May 6,1974.

l Personal Financial Disclosure Programestablished by P.L. 1981, c.129 (N.J.S.A.19:44B-1 et seq.) - effective date: May 1,1981.

l Lobbying Program established by P.L.1981, c.150 (N.J.S.A. 52:13C-18 et seq.) -effective date: May 22, 1981.

l Continuing Political Committee (PACs)Quarterly Reporting established by P.L.1983, c.579 (amendments to N.J.S.A.19:44A-1 et seq.) - effective date: January17, 1984.

l Lobbying Reform established by P.L. 1991,c.243 (amendments to N.J.S.A. 52:13C-18 etseq.) - effective date: January 1, 1992.

l Campaign Finance Reform established byP.L. 1993, c.65 (amendments to N.J.S.A.19:44A-1 et seq.) - effective date: April 7,1993.

l Street Money Reform Law established byP.L. 1993, c.370, (codified as N.J.S.A.19:44A-11.7) - effective date: January 7,1994.

l Uniform Recall Election Law establishedby P.L. 1995, c. 105, (codified as N.J.S.A.19:27A-1 et seq.) - effective date: May 17,1995.

l Political Identification Law established byP.L. 1995, c. 391, (codified as N.J.S.A.19:44A-22.2 and 22.3) - effective date:February 1, 1996.

STATUTORY HISTORY OF ELEC

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The Legal Section tracks legislation thataffects the Commission’s operations andresponsibilities.

During the first half of 2001, new laws wereenacted that affected the Commission’sadministration of the 2001 primary election. Forexample, Legislation was enacted that conditionedthe receipt of gubernatorial public matching fundsupon a candidate’s disclosure of financial activity byissue advocacy organizations in which the candidatewas involved.

Also, legislative redistricting was delayed inNew Jersey because of the late delivery of data fromthe 2000 Census.

Finally, another new law changed thestatutory reorganization date in 2001 for politicalparty committees. This change affected the filingdate for political party information pertinent to theirannual reorganization.

Later in the legislative session, twoadditional bills were signed into law. Mostsignificant was the law that reduced from $37,000 to$25,000 the contribution limits to the two Statepolitical party committees and the four legislativeleadership committees. It also establishedcontribution limits of $7,200 to continuing politicalcommittees and political committees. Contributionsto continuing political committees and politicalcommittees had not previously been subject tocontribution limits.

Another new law permanently changed thedeadline for filing nominating petitions from the 54th

to the 57th day before the primary election. Thischange gave the Commission additional time toprovide assistance and forms and instructions toprimary election candidates for preelection filing ofpersonal financial disclosure statements andpreelection reports.

Legislative Recommendations

The Commission offers the followingrecommendations for legislative change:

Campaign Reporting Act

l Double the Commission’s operational budget tosupport better educational and enforcementactivities at the local level and protect thecampaign finance system from misuse byextremist groups.

l Reduce the annual contribution limit to 42county political party committees from $37,000to $25,000 to conform to the recently-reducedlimit to the two State political party committeesand four legislative leadership committees.

l Include in the definition of “candidate” allappointees to fill vacancies for elected offices.

Jeffrey M. Brindle, Deputy Director

LEGISLATIVE REVIEW & RECOMMENDATIONS

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l Prohibit a political committee or continuingpolitical committee from containing in its name acandidate or officeholder.

l Raise the penalties applicable to gubernatorialpublic financing statutes to equal thoseapplicable to campaign reporting violations.

l Raise the penalties for prohibited use ofcampaign funds to equal the amount of fundsmisused.

l Create a public financing program for legislativeelections.

l Prohibit contributions made directly fromcorporations and labor unions.

l Amend the Campaign Reporting Act to conformto recent technical amendments to the PenaltyEnforcement Law.

l Establish procedures for dissolution of jointcandidates committees and for application of thecontribution limits to funds remaining when ajoint candidates committee dissolves.

Lobbying Disclosure Act

l Require reporting of “grassroots” or “astroturf”lobbying.

l Cap at $250 the aggregate value of benefits in acalendar year that a legislative agent may pass toa legislator or State official for lobbyingpurposes.

l Require lobbyists to file quarterly rather thanannual reports.

l Change the terminology of the lobbying law sothat an organization or business that employs anindividual to conduct lobbying activity on itsbehalf is referred to as a “represented group,”and the individual conducting the lobbyingactivity is referred to as a “lobbyist.”

l Conform the penalty provisions of the LobbyingDisclosure Act to those of the CampaignReporting Act.

l Require identification of all contributors whohave been awarded or are seeking governmentcontracts.

l Require identification of all contributors who arelobbyist organizations or legislative agents.

Personal Financial Disclosure Act

l Provide for uniform disclosure of gifts,reimbursements, and honoraria of over $250 in acalendar year and require disclosure of theirvalue and a description of the article if other thancash.

l Require reporting of the occupation andemployer of individuals providing reportablebenefits.

Gubernatorial Public Financing

l The Commission will conduct a series of publichearings in 2002 to elicit public comment uponthe recently-concluded, publicly-financedgubernatorial election. Based upon thecomments received at the hearings and itsexperience in administering the public financingprogram, the Commission will formulate andcirculate its legislative recommendations. TheCommission has conducted such hearings at theconclusion of each publicly-financedgubernatorial election and believes that theprocess is essential to the growth anddevelopment of the public financing program.

LEGISLATIVE REVIEW & RECOMMENDATIONS continued

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The Legal Section prepares AdvisoryOpinions, drafts regulations, and enforces thereporting and disclosure laws under theCommission’s jurisdiction. All Complaints and FinalDecisions, Advisory Opinions, and regulations issuedby the Com-mission arepromptlyposted on theCommission’sweb site tomaximizeconvenientpublic access.TheCommission’sdualenforcementgoals areobtainingcomplete andaccuratecampaign andlobbyingdisclosure anddiscouraging violations.

Enforcement Action

In 2001, more than 5,500 candidates forState, county, and municipal offices in primary,general, and municipal non-partisan elections filedreports with the Commission. Those candidateswhose names appear on the ballot but who do not filereports are subject to civil complaints and monetarypenalties as provided by law. During 2001, theCommission issued 52 complaints against nonfilingcandidates. In almost all of these cases, nonfilingcandidates responded and filed reports, therebyreceiving penalties for late reporting rather thannonfiling.

In addition, reports that contain seriousomissions or errors are subject to enforcement. TheLegal Section brought 33 complaints in 2001 thatwere the result of in-depth investigations.

Beginning with an inventory of 96 casesopen at the start of 2001, the Legal Section issued atotal of 85 additional complaints and closed 125cases. Monetary penalties collected during 2001totaled $141,948.

At the conclusion of each case, theCommission issues a Final Decision. Final Decisionsissued in 2001 included cases involving violations bycandidates and committees in elections from 1997through 2000 and in reports required to be filed bypolitical party committees and continuing politicalcommittees from 1997 through 1998. In addition tobeing posted on the Internet, all Complaints and FinalDecisions are available for public inspection at theCommission’s offices.

LEGAL SECTION

Left to right: Nedda Massar, Gregory Nagy, Ruth Ford, Michelle Levy, Maria Novas-Ruiz, and Gail Shanker

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While enforcement is critical to theCommission’s mission, the Commission strives toencourage voluntary compliance. Further, beforeundertaking any complaint action, the Commissionmust be satisfied that there are reasonable groundsfor suspecting a violation has occurred. In the eventa complaint is issued, the respondent is afforded theright to a full hearing conducted under the provisionsof the Administrative Procedure Act, and under therules of the Office of Administrative Law, an agencyestablished as an independent administrative lawcourt.

Advisory Opinions

In order to provide guidance to any personregulated by the Commission, the Reporting Actauthorizes the Commission to provide an advisoryopinion to any person requesting such an opinion vis-a-vis any legal requirement under the Commission’sjurisdiction that may affect that person’s futurecampaign or lobbying activities. As soon as they areissued, advisory opinions are posted on theCommission’s web site for the information of thegeneral public.

Since 2001 was a gubernatorial electionyear, a majority of the opinions concerned theprimary and general election campaigns for thatoffice. The gubernatorial opinions includedquestions about possible coordinated contributionswith a national political party committee, limitationson a publicly funded candidate making generalelection expenditures before the primary election,matching public funding of contributions made byInternet, and limitations on the uses of publicmatching funds. Also, the resignation of a publiclyfunded candidate before the primary electiongenerated questions concerning procedures forcontributors to redesignate their contributions toother primary election candidates.

Other questions concerned issue advocacycommunications made by groups independent of anycandidate, the reporting status of a national entitywith minimal New Jersey campaign activity, and thepermissible use of campaign contributions to preparea documentary about a municipal government.

Regulations and Appeals

One gubernatorial candidate who had notraised sufficient contributions to qualify for thepublic matching fund program challenged theCommission’s regulation that established theSeptember 1st deadline for such qualification in thegeneral election. The Commission held that itsregulation was consistent with its statutory mandate,and any adjustment or postponement of that deadlinewould have possibly disadvantaged candidates whohad met the deadline and jeopardized planning for thetwo mandatory, preelection gubernatorial debates.The Appellate Division of the Superior Court upheldthe Commission’s ruling.

Conclusion

Interpreting and enforcing the provisions ofthe law are critical and challenging elements ofeffective administration of the campaign andlobbying financial disclosure entrusted to theCommission. Certainly, since 2001 was a highlycontested gubernatorial election year, it proved to beone of the most challenging in the Commission’shistory. The Legal Section looks forward to meetingthe continuing challenges these important laws raisein future elections, and to carrying out its mission toassist the Commission in serving both the regulatedpolitical community and public effectively.

LEGAL SECTION continued

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Left to right: Michelle McDevitt, Desiree DeVito, Nancy Fitzpatrick, Titus Kamal, Christopher Guear, Kim Key, Evelyn Ford, & Linda White

During calendar year 2001, New Jersey electeda Governor and new Legislature. Moreover, New Jerseyheld numerous elections at the local level.

Consequently, over 6,000 candidates and committeesfiled approximately 24,000 campaign reports. Thesereports were scanned to the Internet and in turn providedcampaign finance data to concerned New Jersey citizensat the “touch of a mouse.”

Compliance

Compliance with the Campaign law remainedhigh throughout 2001. At the beginning of 2001, a newand improved Compliance Manual for CampaignReporting was published. A new Manual was maileddirectly to every candidate participating in the 2001elections, and numerous reminder and delinquentnotices were mailed out promptly.

In April, the date of the primary election waschanged, resulting in a re-doubling of outreach efforts.All the pertinent filing materials had to be edited

quickly, and notice of the new dates had to be providedto primary election participants.

The web site provided a tremendous source ofinformation throughout 2001, and greatly expanded theability of the Compliance staff to provide support to theregulated community. The entire Compliance Manualwas placed on the web site. Forms, instructions,reporting dates, advisory opinions, and regulations werealso accessible from the Internet site. Candidates andtreasurers were able to obtain quickly all the materialsnecessary to file properly.

Numerous informational seminars werescheduled during 2001 to encourage voluntarycompliance with the Campaign law. The Complianceand Information section provided consulting services attwo other events as well.

Telephone assistance to candidates andtreasurers continued to be a valuable “one-on-one”method of support. Compliance staff also provided

COMPLIANCE AND INFORMATION SECTION

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immediate help to “walk-in” candidates and treasurersneeding filing assistance.

An electronic filing program began in the 2001 generalelection for the legislative candidates. Six introductoryseminars were scheduled during both day and eveninghours to distribute the free filing software to candidatesand their treasurers. The Compliance and InformationSection created its first “Help Desk,” staffed withCompliance Officers having electronic filing expertisealong with an understanding of the Campaign Act.

Also during 2001, 1,450 political partycommittees, legislative leadership committees, andPACs filed reports. These reports were scanned to theInternet and, in some cases, were disclosed in less than24 hours.

Although the number of legislative agentsregistered in the State hovers around 525, the amount ofmoney overall spent by agents and their clientscontinues to rise each year. Accordingly, demand forinformation concerning the activities of these agentsremains keen. In total, approximately 3,500 lobbyingreports were filed in 2001.

Overall, the Compliance and InformationSection did an outstanding job of promoting compliancewith the campaign and lobbyist disclosure laws.

Information

The Commission has always considered publicdisclosure to be its primary purpose. Disclosingcampaign contributions and expenditures and lobbyingactivity to the public creates an educated electorate.

Over the last few years, informationtechnology has greatly enhanced disclosure of campaignfinancing information to the citizens of New Jersey.Public scrutiny and inspection of reports has neverbefore been easier or more important. Because reports

filed with the Commission have been scanned andimaged to the Internet, campaign financial informationcan be accessed from home or office. Further,contributions to certain candidates and committees wereeasily accessible through a contributor search of anextensive database. Moreover, summary informationanalyzed and prepared by staff on fundraising andspending by legislative candidates, and an analysis oflobbying financial activity, was posted on the web sitefor all to review. Virtually every aspect of thedisclosure process has felt the impact of the technologyrevolution.

Ever mindful that some citizens may not haveaccess to the Internet, the Compliance and InformationSection dedicated an entire public records room area toaccommodate two Internet stations, complete with aprinter. A full-time staff member was assigned to workin the Internet area, providing immediate assistance tothe public room visitors using the on-line system.

The Compliance and Information staffcontinued to be available to provide “paper” disclosureto those citizens who preferred the hard copy version.Over 1,000 staff-assisted requests for information wereprovided during 2001, with over 122,000 photocopiesdistributed to the public. Over time, the need for thisservice is expected to decline as more and more peopleuse the Internet as a means to obtaining disclosure.

Conclusion

The Commission has been touted as one of thebest disclosure agencies in the country. Becausecompliance with the law is high, the regulatedcommunity is providing a better picture of campaignfinances and lobbying activity. Through its publicdisclosure program, the electorate becomes bettereducated and aware. The staff of the Compliance andInformation Section will continue to strive to deliver thehighest level of services possible to the regulatedcommunity and to the public.

COMPLIANCE AND INFORMATION SECTION continued

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Left to right: Amy Davis, Brett Mead, Carol Hoekje, Shreve Marshall, and Renee Cardelucci

The Review and Investigation Sectionutilizes the benefits of computer technology incompleting its work. Many investigations involveanalysis of financial records of acampaign or organizationaldepository. Analysis of thesetransactions is greatly facilitatedby the existence of suchcomputer programs. TheReview and Investigation staffhas also benefited from theCommission web site and thealmost immediate availability ofscanned images of currentfilings.

Investigations

In calendar year 2001,57 new investigations wereopened, 31 as a result of requestsfrom the public, and 26 as aresult of staff review. Staff

closed 55 investigations, with complaintrecommendations in 37 of the cases.

On a continuing basis, review projectsinvolving certain filer types are undertaken. The year2001 was no exception to the rule. As a result of the2001 special project, staff recommended threecomplaints, including one complaint with 13 countsfor the late filing of $24,046.90 in expenditureinformation. Staff also concluded a review oflobbyist reporting requirements and recommendedcomplaints against seven lobbyist organizations thathad filed late annual reports.

At least three of the more complexinvestigations involved the review of voluminousbank records to analyze reporting obligations forpreelection or postelection quarterly reporting

periods. Staff recommended complaints againstcandidates and campaign treasurers relevant to: thefailure to file postelection quarterly reports for the

1998 municipal election, the late reporting ofpreelection quarterly report information for the 1999primary election, and the failure to file preelectionquarterly report information for the 2000 primaryelection.

Several of the investigations resulted incomplaint recommendations against continuingpolitical party committees (CPCs) for the failure tofile 48-hour notices to report making of expenditureson behalf of candidates, or receipt of contributions, inthe time period between the last day of a quarterlyreporting period and the date of an election. Staffalso recommended complaint action against a countypolitical party committee for failure to file 48-hournotices to report receipt of six contributions totaling$76,500, each in excess of $600 and received after

REVIEW AND INVESTIGATION SECTION

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the final day of the 1999 third quarterly reportingperiod and before the 1999 general election.

Subpoenas . The Review and Investigationstaff issued 22 subpoenas in calendar year 2001 in 20investigations, 21 to financial institutions for recordsof a campaign or organizational depository, and onefor business records as authorized by theCommission.

Requests for investigation

In 2001, the Commission received 94requests for investigation. The Commission did nothave jurisdiction over 15 of these requests, and threeadditional requests were either referred back to acomplainant for more complete information orwithdrawn. A net total of 76 requests forinvestigation from calendar year 2001 were presentedto the Commission for a determination whether or notto open an investigation. A number of recentrequests have concerned alleged filing and politicalidentification requirements by persons supporting oropposing public questions such as school bond oropen space referenda. Other requests have concernedreporting obligations relevant to alleged politicalcommunications and in-kind contributions by anotherentity on behalf of a candidate. Many requests alsocontinue to concern political identificationrequirements. A person who requests that theCommission open an investigation should alwaysforward as much specific evidence to support theallegations as possible. The Request forInvestigation form is available on the Commission’sweb site http://www.elec.state.nj.us/.

Additional complaint recommendations

The Review and Investigation Section isalso responsible for generating complaintrecommendations for those candidates or filingentities that did not file campaign, quarterly, or

personal financial disclosure (PFD) reports with theCommission. In 2001 the Review and Investigationstaff prepared and forwarded to the Legal Sectioncomplaint recommendations that resulted in issuanceof 31 non-filer complaints for the 2000 generalelection, two for the 2001 municipal election, and 19for the 2001 primary election.

Administrative Hearing Support

The Review and Investigation Section alsoassists in the preparation of cases for hearings beforethe Office of Administrative Law in those caseswhere respondents do not waive such hearings, and inthe review of amended reports filed by respondents inresponse to Commission complaints.

Other Activities

The investigative staff continues to provideassistance to investigative counterparts in other state,local, and federal agencies. Staff members alsoconducted training in investigative procedures andreport review for new Commission staff members.

REVIEW AND INVESTIGATION SECTION continued

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In the seventh consecutive publicly-financedgubernatorial election program conducted by theCommission, a total of $22.3 million in publicmatching funds was distributed to qualified 2001primary and general election candidates. Theintroduction of new legislation during the election

and the introduction of new technology distinguishedthe Commission’s administration of the 2001 publicfinancing program from prior years.

New Legislation

During the 2001 primary election, twopieces of legislation affecting publicly-financedcandidates were enacted after gubernatorialcandidates had submitted applications to receivepublic matching funds.

These changes required the public financingstaff to adapt quickly to the requirements of the newlaw as well as to prepare for the distribution ofadditional public funds. One piece of legislation had

increased the maximum primary election publicmatching funds from $2.3 million to $3.7 million.

In the 2001 primary election, CandidatesJames E. McGreevey, Robert Franks, and BretSchundler each qualified for participation in the

public financing program, and each received themaximum $3.7 million, for a total of $11.1 million.In the general election, Candidates James E.McGreevey and Bret Schundler qualified to receivematching funds and each received the $5.6 millionmaximum, for a total of $11.2 million.

Introduction of Electronic Filing

In publicly-financed gubernatorial electionsprior to 2001, candidates were required to submitpaper documentation to demonstrate thatcontributions were eligible for matching funds. Withthe introduction of the Gubernatorial ElectronicFiling System (GEFS ), 2001 primary and generalelection gubernatorial candidates were able to filematching fund applications on a single compact disk.

From left to right: Lauren Yarosheski, Helen Staton , Mitali Dutta, Rahsan Canturk,Tamika Kinsey, Nedda Massar, and Lou Solimeo

GUBERNATORIAL PUBLIC FINANCING SECTION

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The information was loaded directly into theCommission’s database without the delay associatedwith data entry of each contribution transaction.Consequently, less time was needed to completereview of matching fund applications. Gubernatorialcandidates received matching funds more quickly,and contributor information was provided to thepublic via the Internet in an expedited fashion.

The public financing staff produced detaileduser’s manuals, conducted one-on-one GEFStraining sessions for gubernatorial campaign staffmembers, and provided evening and weekend “helpdesk” support for the new GEFS software.

Gubernatorial Debates

Beginning in 1989, New Jersey was the firststate to require that gubernatorial candidatesparticipate in two televised debates as a condition oftheir receipt of public matching funds. TheCommission is statutorily charged with theresponsibility to select sponsors for the mandatorydebates. As it had in the past, the Commissionselected sponsors with a view toward ensuring thatall New Jersey voters had access to the televiseddebates.

Ballot Statement

The Commission is responsible foradministration of the gubernatorial ballot statementprogram which permits each gubernatorial candidateto submit a statement to be placed on the generalelection sample ballots in all 21 counties. The nine2001 gubernatorial general election candidatessubmitted statements, which were provided inEnglish and Spanish to the county clerks forinclusion on the sample ballots. The public financinglaw requires that the Commission reimburse thecounty clerks for the costs of printing and mailing the

gubernatorial candidates’ statements as part of thesample ballots. It did so again in 2002 in an efficientway.

Inaugural

The public financing staff is also responsiblefor monitoring reports that are filed in March, 2002,by the McGreevey Inaugural event committee forcompliance with the $500 inaugural contributionlimit. Inaugural event reports are made available tothe public on the Commission’s Internet site, andInaugural contribution information will be added tothe Commission’s searchable database.

Planning

The Commission is conducting publichearings in 2002 to elicit comment from candidates,treasurers, debate sponsors, and other interestedpersons on the public financing program. Thisprocedure has been the practice of the Commission atthe conclusion of past publicly-financedgubernatorial elections. Testimony received at thehearings and information obtained from the reviewby an independent accounting firm of the expenditureactivity of the publicly-financed campaigns isconsidered by the Commission in makingrecommendations for legislative change and inproposing amendments to its regulations. This in-depth evaluation process is an essential tool thatkeeps New Jersey’s gubernatorial public financingprogram effective and responsive to participatingcandidates and to New Jersey citizens and voters.

GUBERNATORIAL PUBLIC FINANCING SECTION continued

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The Systems Administration Section had avery productive year. Maintenance andadministration was provided to the network’s servers,routers, switches, PC’s, printers, and scanners. Helpdesk and desktop support was also provided to stafffor correction of any hardware or software technicalproblems. Help desk supportwas also made available toelectronic filers and Internetusers. The FileNet Viewersoftware, along withinstallation instructionsneeded to view campaignfinance and continuingpolitical committee reportson-line, was provided.

In 2001, SystemsAdministration managedeffectively the data receivedfrom disclosure reports ofcandidates, committees,lobbyists, and legislative agents. These reports arefiled either in hard copy form or electronically bydiskette or CD. Subsequent to filing, all reports aremade available on the Commission’s web site.

ELEC’s webmaster added a new “HotButton” to the web site during the 2001 electioncycles. This “Hot Button” provided users withinstant access to important information includingchanges to the primary election date andaccompanying disclosure filing dates.

Development And Programming

Great strides were made in electronic filinglast year. The Gubernatorial Electronic FilingSystem (GEFS) was implemented. As part of thisprocess, staff gave individualized training sessions tousers, provided help desk support with extended

evening and weekend hours when necessary, and onoccasion provided services at off-site locations.Also, because of electronic filing, gubernatorialcontributor information was disclosed to the publicmore quickly.

In addition, the R-1 Electronic FilingSystem (REFS) was implemented for the 2001legislative general election. The REFS programcontains enhancements and improvements to theelectronic filing pilot program originally introducedin the fall of 1999. Importantly, the programaggregates contribution amounts and createscontribution and expenditure detail reports, whichallows the user to check for contribution limitcompliance. Moreover, the details of contributionsand expenditures can also be exported to aspreadsheet or text file for other campaignmanagement uses. On the Commission’s end, theelectronically filed report is uploaded into theCommission’s legacy database for quicker disclosureto the public.

SYSTEMS ADMINISTRATION SECTION

From left to right: Anthony Giancarli, Brenda Brickhouse, Brian Robbins, Kim Vandegrift,Peter Palaitis, and Carol Neiman

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Training sessions were held both during theday and in the evening. One major enhancement inservice involved help desk support. It is nowprovided not only during regular business hours butalso prior to filing deadlines, has been extended toevening hours, weekends, and holidays.

Finally, in 2001, staff undertook numerousdevelopments and programming projects including:

q Enhancements to the PAC module to prepare forfiling future electronic filings,

q The installation of the Optical Jukebox,q The development of an MS Access database to

effectuate legislative agent filings, andq The preparatory work for initiating a major

upgrade of operating systems and softwareversions.

Data Entry

Data entry staff coded the legislativeprimary election reports for contributor andoccupation type, made front cover adjustments toreconcile the summary and detail, and keyed thecontributor information into the data processingprogram. This same process took place for thoselegislative candidate reports in the general electionthat did not file electronically. For those electronicfilers, the data entry supervisor assisted in processingthe electronically filed diskettes. The diskettes arescanned for viruses and run through an uploadprogram to the Commission’s legacy database. Afterthe upload completes, edit sheets are printed toreview for contributor and occupation types as wellas to review the data for accuracy.

On an ongoing basis, detailed financialinformation is keyed from reports submitted by thetwo state political party committees, the fourlegislative leadership committees, and the 42 countypolitical party committees. All contributor

information taken from these reports is madeavailable on the Commission’s web site. As part oftheir responsibilities, the data entry staff regularlykeys information from the quarterly and annuallobbyist/legislative agent reports.

Future Projects

Depending upon the Commission’s financialsituation, the following projects are planned:

l The enhancement of the electronic filingprogram for legislative and local candidates;

l The creation of electronic filing for politicalparties, legislative leadership committees, andPACs;

l The creation of a lobbyist module for scanningand electronic filing; and,

l The enhancement of the Commission’s Internetweb site with more interactive information.

SYSTEMS ADMINISTRATION SECTION continued

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THE NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSIONPROUDLY ANNOUNCES ITS EXTENSIVE WEB SITE!

www.elec.state.nj.us/

Log on to view Reports, Search for Contributors, obtain Publications and Forms, as well asCampaign Financing & Lobbying Data from the past decade.

ELEC’s HOME PAGE

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During 2001, the Administration Sectioneffectively met the ever-increasing fiscal andpersonnel demands of the Commission. An essentialpart of the agency, Administration provides allmanagement services for the Commission.

Since ELEC is "in but not of" theDepartment of Law and Public Safety, theDepartment has no administrative responsibility orcontrol over the Commission.

Managing the Budget

In FY-2002 (beginning July 1, 2001), ELECreceived an annual appropriation of $3,711,000($600,000 of this amount for the administration of thePublic Financing Program). In addition, ELEC wasappropriated $400,000 for the reimbursement toCounty Clerks for the administration of the BallotStatement Program. Due to budget shortfalls in theState, all Departments and agencies had all

equipment and travel accounts put into reserve. Theamount of this cut to ELEC was $374,000. Inaddition, all Departments and agencies were asked tosubmit a plan to reduce their budgets by 5% based ontheir original appropriation for Direct State Services.

For ELEC, this cutwould represent anadditional loss of$185,550. As ofthis date, thisreduction has notbeen taken. Also,as of November 26,2001, a hiringfreeze wasimposed. Due tothese uncertaintimes, planningbecomes verydifficult at best.Expenditures thatwere slated for thisfiscal year havebeen postponed,until a better

appraisal of the Commission’s fiscal resources can bemade. This budgeting includes, among other things,certain enhancements to the ELEC web site andexpanding the Electronic Filing Program to filingentities other than candidates (i.e. PAC’s, andLobbyists).

Other Activities

In 2001, the Administration Section madesure that public funds’ checks were processed anddistributed to candidates quickly.

ADMINISTRATION SECTION

From left to right: Donna Margetts, Barbra Fasanella, and Elaine Salit.Debbie Kostival and Irene Comiso not shown.

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Unfortunately, the year 2001 will always beremembered for the tragic events of September 11th.Due to these events, the Administrative Section wasasked to devise various evacuation and governmentalcontinuation plans in the event of an emergency. TheCommission itself was the target of an Anthrax scarein October requiring evacuation from the building,.Having been one of the first such incidents in theTrenton area, much of the protocol that was laterused at other State agencies in similar emergencies,was learned from the ELEC incident.

Looking Forward

The responsibilities of the AdministrationSection are continually changing. It is now thisSection’s task to anticipate events that wouldpreclude functioning in ELEC’s current location foreither a brief or extended period of time, dependingon the nature of an emergency and to the pacecontingency plans. This effort involves securing otherfacilities for the purpose of relocation. In theSystems area, it involves acquiring the necessarycomputer and office equipment for minimal staff toperform critical functions. These functions includeproviding information to the public receiving andprocessing filings. Moreover, it involves maintainingweekly computer backup tapes and putting allpertinent documentation necessary to restore systemson CD’s and keeping them in a remote location.

ADMINISTRATION SECTION continued

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In FY-2003, the Commission anticipates an appropriation of $2,802,000 based on the Governor’s BudgetRecommendation.

Comparison of Fiscal Years 2001 and 2002 original Appropriations

FY-2001 FY-2002Appropriation Appropriation

Personnel $1,734,000 $2,252,000Printing & Supplies 49,000 49,000Travel 12,000 12,000Telephone 40,000 40,000Postage 38,000 38,000Data Processing 250,000 250,000Professional Services 36,000 36,000Other Services 30,000 30,000OTIS 27,000 27,000Maintenance/Equipment 2,000 2,000Furniture/Equipment 360,000 360,000Commissioner Per Diem 15,000 15,000Total Operational $2,593,000 $3,111,000Special Purpose 385,000 - for additional staff $2,978,000

2001 Evaluation Data

Disclosure Reports (Total) 27,241

Campaign & Quarterly 23,472Lobbyist 3,491Personal Finance 278

Photocopies 128,271Investigations 55Civil Prosecutions 85Public Assistance Requests 11,614

BUDGET OVERVIEW AND EVALUATION DATA

Documents

N.J. Election Law Enforcement Commission · Association of Higher Education, Vice Chair Franzese is the author of two books as well as numerous publications ... (1990-1992) and served