N.J. Admin. Code § 13:69-7.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:69-7.3 - Prohibited contributions and solicitations

(a) No prohibited person shall, directly or indirectly, make any contribution or solicit any person to make a contribution on behalf of a prohibited person.

(b) A contribution shall be considered to have been made on behalf of a prohibited person if, without limitation, it is made:

1. With money or a thing of value that is owned or controlled by a prohibited person; or

2. By any person in response to a solicitation by a prohibited person and under such circumstances as establish that the contribution was involuntary or would not have been made but for the influence of the prohibited person over the person making the contribution.

(c) In determining whether a contribution was made by a person on behalf of a prohibited person pursuant to (b)2 above, the Division shall consider all relevant facts and circumstances, including, but not limited to, the following:

1. Whether the person making the contribution is a dependent person with regard to the prohibited person;

2. The nature and importance of any economic, business, personal, familial or other relationship between the person making the contribution and the prohibited person that currently exists, that existed at the time the contribution was solicited and made, or that is reasonably anticipated to exist in the foreseeable future;

3. The timing and nature of any communications that may have occurred between the person making the contribution and the prohibited person regarding the prohibited person's desire to raise funds for the candidate or political organization that received the contribution;

4. The ability or inability of the prohibited person to control or affect the actions of the person making the contribution, and any evidence that any such ability played a role in the decision to make the contribution;

5. Any prior contributions to or expressions of support for the candidate or political organization that was the recipient of the contribution by the person making the contribution, and the timing of any such prior contributions or expressions in relation to the establishment of the relationship between the prohibited person and the person making the contribution;

6. Whether the person making the contribution is a resident of New Jersey or has significant property or business interests in this State;

7. The timing and nature of any communications that may have occurred between the person making the contribution and the recipient of the contribution regarding the prohibited person's solicitations on behalf of or expressions of support for the candidate or political organization;

8. Whether there is a pattern or regular course of conduct involving contributions to one or more candidates or political organizations by the person making the contribution;

9. Whether there is a pattern or regular course of conduct involving contributions to one or more candidates or political organizations on the part of employees, contractors or other dependent persons of a prohibited person or any affiliated person or entity thereof; and

10. Whether the prohibited person has, directly or indirectly, reimbursed or offered to reimburse the person making the contribution for all or any portion of the contribution.

N.J. Admin. Code § 13:69-7.3