N.J. Admin. Code § 19:25-26.1

Current through Register Vol. 56, No. 24, December 18, 2024
Section 19:25-26.1 - Definitions

The following words and terms, when used in this subchapter, shall have the following meanings unless a different meaning clearly appears from the context.

"Business entity" means a for-profit entity that is a natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the laws of this State or of any other state or foreign jurisdiction.

"Candidate" means:

1. An individual seeking election to a public office of this State or of a county, municipality or school or fire district at any election;
2. An individual who shall have been elected or failed of election to an office, other than a party office, for which he or she sought election and who receives contributions and makes expenditures for any of the purposes authorized by N.J.S.A. 19:44A-11.2; and
3. An individual who has received funds or other benefits or has made payments solely for the purpose of determining whether the individual should become a candidate as defined in 1 and 2 above.

This definition does not include an individual seeking Federal elective office, or State, county or municipal political party office.

"Candidate committee" means a committee established by a candidate pursuant to N.J.S.A. 19:44A-9(a), for the purpose of receiving contributions and making expenditures.

"Commission" means the New Jersey Election Law Enforcement Commission.

"Continuing political committee" includes any group of two or more persons acting jointly, or any corporation, partnership or any other incorporated or unincorporated association, including a political club, political action committee, civic association or other organization, established pursuant to N.J.S.A. 19:44A-8(b) and N.J.A.C. 19:25-1.7 and 4.5.

"Contribution" includes every loan, gift, subscription, advance or transfer of money or other thing of value, including any in-kind contribution, made to or on behalf of any candidate committee, joint candidates committee, political committee, or continuing political committee and any pledge or other commitment or assumption of liability to make such transfer. For the purposes of this subchapter, any such commitment or assumption shall be deemed to have been a contribution upon the date when such commitment is made or liability assumed. Funds or other benefits received solely for the purpose of determining whether an individual should become a candidate are contributions.

"Contribution reportable by the recipient" shall mean a currency contribution in any amount or a contribution or contributions in excess of $ 200.00 in the aggregate per election made to or received by a candidate committee, joint candidates committee, or political committee or per calendar year made to or received by a continuing political committee.

"County committee of a political party" means a committee organized pursuant to N.J.S.A. 19:5-3.

"Currency" means United States government notes and coins in circulation as a medium of exchange.

"Director" means any member of the governing board of a corporation, whether designated as a director, trustee, manager, governor or by any other title.

"Fair and open process" means, at a minimum, that the contract shall be:

1. Publicly advertised in newspapers or on the Internet website maintained by the public entity in sufficient time to give notice in advance of the contract;
2. Awarded under a process that provides for public solicitation of proposals or qualifications and awarded and disclosed under criteria established in writing by the public entity prior to the solicitation of proposals or qualifications; and
3. Publicly opened and announced when awarded.

A contract awarded under a process that includes public bidding or competitive contracting pursuant to State contracts law or the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. (P.L. 1971, c. 198), shall constitute a fair and open process. The decision of a public entity as to what constitutes a "fair and open process" shall be final.

"In-kind contribution" means a contribution of goods or services received by a candidate committee, joint candidates committee, political committee, or continuing political committee, which contribution is paid for by a person or entity other than the recipient committee, but does not include services provided without compensation by an individual volunteering a part of or all of their time on behalf of a candidate or committee.

"Interest" means the ownership or control of more than 10 percent of the profits or assets of a business entity or more than 10 percent of the stock, in the case of a business entity that is a corporation for profit, as appropriate.

"Joint candidates committee" means a committee established pursuant to N.J.S.A. 19:44A-9(a) by at least two candidates for the same elective public offices in the same election in a legislative district, county, or municipality, but not more candidates than the total number of the same elective public offices to be filled in that election, for the purpose of receiving contributions and making expenditures. For the purposes of this definition, the offices of member of the Senate and members of the General Assembly shall be deemed to be the same elective public offices in a legislative district; the offices of member of the board of county commissioners and county executive shall be deemed to be the same elective public offices in a county; and the offices of mayor and member of the municipal governing body shall be deemed to be the same elective public offices in a municipality.

"Legal person" means a corporation which possesses legal rights.

"Legislative leadership committee" means a committee established, authorized to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly, or the Minority Leader of the General Assembly, pursuant to N.J.S.A. 19:44A-10.1 for the purpose of receiving contributions and making expenditures.

"Local unit" means a county, municipality, agency or instrumentality of a county or municipality, independent authority, board of education, or fire district.

"Natural person" means a human being.

"Municipal committee of a political party" means a committee organized pursuant to N.J.S.A. 19:5-2.

"Officer" means a president, vice president with senior management responsibility, secretary, treasurer, chief executive officer, chief financial officer of a corporation or any person routinely performing such functions for a corporation.

"Partner" means one of two or more natural persons or other entities, including a corporation, who or which are joint owners of and carry on a business for profit, and which business is organized under the laws of this State or of any other state or foreign jurisdiction, as a general partnership, limited partnership, limited liability partnership, limited liability company, limited partnership association, or other such form of business organization.

"Political party committee" means:

1. The State committee of a political party, as organized pursuant to N.J.S.A. 19:5-4;
2. Any county committee of a political party, as organized pursuant to N.J.S.A. 19:5-3; or
3. Any municipal committee of a political party, as organized pursuant to N.J.S.A. 19:5-2.

"Principal" means a natural person or other entity who or which owns or controls more than 10 percent of the profits or assets of a business entity or 10 percent of the stock in the case of a business entity that is a corporation for profit.

"Public entity" means any State agency or any local unit, as those terms are defined herein.

"State agency" means any of the principal departments in the Executive Branch of the State government, and any division, board, bureau, office, commission or other instrumentality within or created by such department, the Legislature of the State and any office, board, bureau or commission within or created by the Legislative Branch, and any independent State authority, commission, instrumentality or agency.

"State committee of a political party" means a committee organized pursuant to N.J.S.A. 19:5-4.

N.J. Admin. Code § 19:25-26.1

Petition for Rulemaking.
See: 40 N.J.R. 224(b), 900(c).
Amended by R.2010 d.062, effective 4/19/2010.
See: 41 N.J.R. 4682(a), 42 N.J.R. 811(a).
In the introductory paragraph, inserted a comma following "subchapter"; in definition "Business entity", inserted "for-profit entity that is a" and deleted the last sentence; rewrote definition "Continuing political committee"; in definition "Contribution reportable by the recipient", inserted "a currency contribution in any amount or", and deleted a comma following "candidates committee" and following "leadership committee"; added definition "Currency"; in definition "Director", deleted "including a nonprofit corporation," preceding "whether" and a comma following "governor"; and in definition "Officer", deleted "or" preceding "chief financial" and ", including a nonprofit corporation," following the first occurrence of "corporation".
Amended by 56N.J.R. 1109(b), effective 6/17/2024