N.J. Admin. Code § 19:25-15.29A

Current through Register Vol. 56, No. 24, December 18, 2024

Section 19:25-15.29A - Coordinated expenditures by non-gubernatorial candidates, political party committees, and legislative leadership committees

(a) A reference to a gubernatorial candidate appearing in materials paid for by a non-gubernatorial candidate, as defined in (d) below, or by a political party committee, or legislative leadership committee, as defined in N.J.A.C. 19:25-1.7, of the same political party as the gubernatorial candidate, will be deemed insubstantial and not subject to allocation pursuant to N.J.A.C. 19:25-15.2 9 provided that:

1. The reference consists of the name or picture of the candidate for the office of Governor and/or the candidate for the office of Lieutenant Governor in equal or less than equal prominence to the prominence given the names or pictures of non-gubernatorial candidates;

2. The names or pictures of the gubernatorial candidate(s) and non-gubernatorial candidates appear on printed campaign materials used in connection with volunteer activities on behalf of the named or pictured non-gubernatorial candidates, such as materials consisting of buttons, pins, bumper stickers, handbills, brochures, posters, yard signs or palm cards; and

3. The materials in (a)2 above are not used in connection with any broadcasting, newspaper, magazine, billboard, electronic, or similar type of general public communication or political advertising.

(b) A reference to a gubernatorial candidate appearing in campaign literature or material circulated to voters by direct mail and paid for by a non-gubernatorial candidate, as defined in (d) below, or by a political party committee, or legislative leadership committee, as defined in N.J.A.C. 19:25-1.7, of the same political party as the gubernatorial candidate, shall be deemed insubstantial and not subject to allocation pursuant to N.J.A.C. 19:25-15.2 9 provided that:

1. The reference consists of no more than a single use of the name of the candidate for the office of Governor and/or the name of the candidate for the office of Lieutenant Governor in the text, and a single use of the names of the candidates for the offices of Governor and/or of Lieutenant Governor within a slate or listing of the names of gubernatorial and non-gubernatorial candidates, and a single photograph or depiction of the candidate for Governor and/or a single photograph or depiction of the candidate for Lieutenant Governor, provided that a photograph or depiction of each non-gubernatorial candidate larger or of equal size to the gubernatorial candidates' photograph or depiction are included;

2. The size of the print used to reproduce the name of the gubernatorial candidates are the same or smaller than the size of the print used for the names of the non-gubernatorial candidates; and

3. The predominant theme of the text promotes the candidacy or candidacies of the non-gubernatorial candidate or candidates and not that of the gubernatorial candidates.

(c) A reference to a gubernatorial candidate made in a telephone communication to a voter shall be deemed insubstantial and not subject to allocation pursuant to N.J.A.C. 19:25-15.2 9 provided that:

1. The telephone communication is part of a get-out-the-vote effort of the non-gubernatorial candidate, as defined in (d) below, or of a political party committee or legislative leadership committee, as defined in N.J.A.C. 19:25-1.7, of the same political party as the gubernatorial candidate, conducted seven or fewer days before the gubernatorial general election; and

2. The reference to the gubernatorial candidate is limited to stating the name of the gubernatorial candidate as part of a slate or together with the names of non-gubernatorial candidates.

(d) For the purposes of this section, the term "non-gubernatorial candidate" shall mean any candidate of the same political party as the gubernatorial candidate, other than a gubernatorial candidate, acting alone in a candidate committee or jointly with other candidates in a joint candidates committee.

(e) For the purposes of this section, the references to gubernatorial candidates and pictures of gubernatorial candidates, described in (a), (b), and (c) above, which are deemed insubstantial and not subject to allocation pursuant to N.J.A.C. 19:25-15.2 9, shall be strictly limited to references and pictures of a gubernatorial candidate of the same political party as the non-gubernatorial candidate or candidates or political party committee or legislative leadership committee responsible for circulating or causing the circulation of the communication.

N.J. Admin. Code § 19:25-15.29A

New Rule, R.1999 d.300, effective 9/7/1999.
See: 31 N.J.R. 1446(a), 31 N.J.R. 2627(b).
Amended by R.2012 d.172, effective 10/15/2012.
See: 44 N.J.R. 1593(a), 44 N.J.R. 2380(a).
Section was "Coordinated expenditures by non-gubernatorial candidates, political party committees and legislative leadership committees". In (a)1, substituted "candidate for the office of Governor and/or the candidate for the office of Lieutenant Governor" for "gubernatorial candidate"; in (a)2, inserted "candidate(s)"; rewrote (b)1; in (b)2, substituted "candidates are" for "candidate is"; and in (b)3, substituted the last occurrence of "candidates" for "candidate"; and in (e), substituted "gubernatorial candidates" for "a gubernatorial candidate", and inserted a comma following "(b)".