Two separate pay-to-play ordinances were proposed at yesterday’s meeting of the Jersey City Council. While one proposal was not approved by the council, the remaining ordinance will be considered for a final vote on November 14, 2012.

The surviving ordinance expands the existing pay-to-play law by placing restrictions on vendors contracting with the city from contributing to Board of Education candidates.

Aerial photo of Jersey City courtesy of Creative Commons on Wikipedia.

Tomorrow at a public hearing at its offices at 11:00am, the New Jersey Election Law Enforcement Commission (ELEC) will consider proposed changes to the administrative code allowing for electronic filing for lobbyists’ annual reports.

Electronic filing would be mandatory through ELEC’s website and would replace the requirement to file paper copies. Copies of what a lobbyist files electronically must be retained by the lobbyist. The proposed amendments cover governmental affairs agents, represented entities, and representatives of “persons communicating with the general public.” The proposals also make technical changes, such as substituting “represented entity” for “lobbyist” throughout the relevant sections.

Other issues to be addressed at the meeting include proposed amendments concerning campaign cost index adjustments and personal financial disclosure statements by candidates.

The Bergen County, New Jersey Board of Chosen Freeholders will consider revising its pay-to-play ordinances on Wednesday, September 19.

Bergen County has only had its local pay-to-play ordinance since December. According to NorthJersey.com, proposed changes “would strip the requirement that contractors report their contributions to candidates on the municipal, state, and federal level, leaving only county campaigns on the mandatory reporting form.”

While the proposal was introduced on September 12 and is scheduled for an October 3 consideration, the Freeholder’s agenda lists the ordinance introduction for Wednesday.

The New Jersey Election Law Enforcement Commission (ELEC) has voted unanimously to raise the inflation-adjusted limits and thresholds for political contributions beginning in 2013.

If accepted by the legislature, contributors would be able to give up to $3,800 per election to gubernatorial candidates. The contribution limits from single donors for non-gubernatorial candidates would increase from $2,600 to $3,000.

Additionally, political committee reporting thresholds for non-gubernatorial candidates and committees would increase, as would penalties for violations.

According to the press release from ELEC, gubernatorial candidates who qualify for public funding could spend a maximum of $5.6 million in primary elections and $12.2 million in general elections.

The commission has until December 15th to report to the legislature its final limits and threshold adjustments.

The ELEC 2013 Cost Index Report can be downloaded here.

Campaign Finance

“FEC: Campaigns can raise money via text message” by Dave Levinthal in Politico.

“FEC sues ex-Sen. Craig over use of campaign cash” by The Associated Press on CBSNews.com.

“NJ considers changes to election finance rules” by The Associated Press in the Bergen Record.

Government Ethics

Georgia: “Squirrely Ethics in Georgia, Former Exec Says” by Iulia Filip in the Courthouse News Service.

New Mexico: “New Mexico agency compiled email list for governor’s PAC” by Steve Terrell in the Santa Fe New Mexican.

The 18 month time-limit prohibiting political contributions under New Jersey’s pay-to-play law starts from the time when bids for a request for proposals (RFP) are submitted, a court has ruled.

The Appellate Division of the Superior Court of New Jersey affirmed a decision prohibiting Langan Engineering & Environmental Services, Inc. from contracting with the New Jersey Schools Development Authority because of a political contribution given prior to Langan’s submission of its bid. Langan had submitted its bid on the due date for the RFP.

The Court examined the language in N.J.S.A. §19:44A-20.14, which describes the prohibition period as “within the 18 months immediately preceding the commencement of negotiations for the contract or agreement.”

The Court reasoned, “[W]e deem the point at which bids are submitted to be the time when ‘negotiations’ occur. Stated differently, because the submission of the bid is the triggering event culminating in the eventual award of a contract, and because the term ‘negotiations’ suggests a point in time at the beginning of the contracting process … the term ‘negotiations’ describes the point in time when bids are submitted. Consequently, we conclude that the agency’s receipt of bids constitutes the ‘commencement of negotiations’.” It rejected the appellant’s contention that a disqualification period begins on the day a political contribution is made, and continues for the next eighteen months.

New Jersey Senate Republican Leader Tom Kean, Jr. is introducing legislation applying the state’s pay-to-play laws to labor unions.

According to the Senator’s press release, his bill applies the same restrictions on campaign contributions and activities to labor unions under contract with state, county, and municipal governmental entities as are currently applied to government service providers.

“Pay to play reform was passed to limit the influence of big spending contractors over the public officials from whom they are trying to obtain work. That law missed one of the biggest recipients of public dollars and thus, must be fixed in the interest of fairness and honesty,” argues Senator Kean.

Photo of New Jersey Senator Tom Kean, Jr. courtesy of Wikimedia Commons.

The Bergen County, New Jersey Board of Chosen Freeholders issued a memorandum clarifying its pay-to-play ordinance adopted last year.

In the section of the ordinance concerning the prohibition on awarding contracts to certain contributors, the phrase “any candidate for elective office in the County of Bergen or holder of elective office in the County of Bergen” is used.

The Board’s memorandum states the phrase is limited to persons “who run for, or are elected to” county offices. The phrase does not include candidates for a municipal office held in the county, statewide candidates for the Assembly or Senate, or federal candidates whose district includes Bergen County.

More information can be found at the Corporate Political Activity Law Blog.

Jeff Brindle, Executive Director of the New Jersey Election Law Enforcement Commission (ELEC), has renewed efforts calling for campaign finance reform, specifically concerning political contributions from contractors.

In a press release detailing public contractors’ political contributions for 2011, ELEC’s analysis concludes that while contractors are making fewer contributions directly to candidates, they are making substantially more contributions to PACs.

Director Brindle states, “In some cases, contractors may be evading the intent of pay-to-play restrictions and contribution limits by giving indirectly through these PACs. That is why the Commission has recommended making it harder for one candidate or group to establish multiple, affiliated PACs.”

Director Brindle also reiterates the Commission’s recommendation to adopt a single statewide pay-to-play law. Previous LobbyComply blog posts discusses the earlier recommendations can be found here and here.

National: Ethics-violations-as-campaign-tool in “Ethics Talking Points Take Campaign Stage” by Amanda Becker in Roll Call.

Illinois: “No law stops indicted IL politico from seeking re-election” by Andrew Thomason in the Illinois Statehouse News.

Louisiana: “Watchdog group hopes to shine up Louisiana ethics laws” by Jeff Adelson in the New Orleans Times-Picayune.

Here is my personal favorite today: They have taken a poll in New Jersey and found that people there are tired of the cursing and name calling among their politicians. Take a look at “Jerks, snobs and …? N.J. voters are fed up with the nasty names” by Matt Friedman in The Star-Ledger. Here is another article offering good coverage – “NJ voters want less name-calling from politicians” by Michael Symons in the Asbury Park Press.

Federal: “New Facebook Open Graph App Makes Lawmaking Social, Brings House Bills To The Crowds” by Sarah Lai Stirland in TechPresident. Here is the link to the new Citizen Cosponsor app.

Federal: “Social media challenges federal oversight of agency communications” by Alice Lipowicz in Federal Computer Week.

State and Local: “Social Media Still Has Skeptics in Government” by Matt Williams in Government Technology.

California: “Y2K Expert to Lead California’s Technology Services” by Ashley Nelson in Government Technology.

New Jersey: “Morris County named a best case example of e-government” by The Independent Press on NJ.com.

California: “Teachers union leads in record year of lobbying lawmakers” by Patrick McGreevy in the Los Angeles Times.

Michigan: “Report: As Michigan economy floundered, spending by Michigan lobbyists soared 86%” in the Detroit Free Press.

New Jersey: “N.J. lobbyist spending hits new high at $73M; teachers union tops list again” by Matt Friedman in the Star-Ledger.

New Jersey: “N.J. Teachers Union Spent Record $11.3 Million on Ads Criticizing Christie” by Terrence Dopp in Bloomberg.

A New Jersey state appellate court has reaffirmed the New Jersey Election Law Enforcement Commission (ELEC) has the authority to enforce the state’s campaign finance laws.

In Nordstorm v. Lyon, the Appellate Division reversed a lower court’s decision not to defer to ELEC’s jurisdiction for enforcement of campaign contributions and reporting violations.

In affirming the power of ELEC, the Appellate Division held, “We reach our conclusion that ELEC has exclusive jurisdiction regarding reporting violations because of the overarching legislative goals of (1) guaranteeing transparency of campaign contributions and expenditures, (2) ensuring that disclosures of the same be managed and controlled by a single agency, and (3) implementing remedies for violations of the Reporting Act through a uniform and predictable system of sanctions.”

The case arose following a close Republican Party primary election for Morris County Freeholder between William “Hank” Lyon and Margaret Nordstrom. In its press release, ELEC Executive Director Jeff Brindle said if the lower court ruling had not been overturned, “it would have subjected candidates and committees to inconsistent application of the Campaign Reporting Act in enforcement actions.’’

The Monmouth County Board of Freeholders has rescinded its three year old pay-to-play regulations.

County resolution 2012-0071 repeals resolution 08-397, which created pay-to-play and vendor disclosure rules that overlapped with the state’s law.

The Board determined the county’s pay-to-play resolution caused confusion among those seeking or performing business within the county.

Without its own ordinance, the county will now only follow New Jersey’s current pay-to-play laws.