N.J. Admin. Code § 19:25-16.25

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

Section 19:25-16.25 - Use of public funds

(a) Public funds received on behalf of a qualified candidate from the fund for primary election campaign expenses shall be deposited by the Commission in the candidate's public fund account and the candidate's use of such funds shall be strictly limited to the following purposes:

1. Purchase of time on radio and television stations;

2. Purchase of rental space on outdoor signs or billboards;

3. Purchase of advertising space in newspapers, regularly published magazines and periodicals, and on the internet;

4. Payment of the cost of producing the material aired or displayed on radio, television, outdoor signs or billboards, and in newspapers, regularly published magazines and periodicals;

5. Payment of the cost of printing and mailing campaign literature and brochures distributed under the name of the candidate;

6. Payment of the cost of legal and accounting expenses incurred in complying with the public financing regulations of the Commission and with the public financing provisions of the Act;

7. Payment of the cost of telephone deposits, and installation charges and monthly billings in excess of deposits. Within six months after the primary election, a candidate shall return to the Commission the amount of any public funds used to pay telephone deposits, which are later returned;

8. Payment of the cost of website communications that are not used for fund-raising purposes;

9. Payment of the cost of email communications that are not used for fund-raising purposes; and

10. Payment for the purchase of lists of postal and email addresses.

(b) Expenditures made prior to the receipt of public funds, including expenditures made for the purpose of determining whether an individual should become a candidate for nomination for election to the office of Governor, which fit within (a)1 through 7 above, shall be expenses properly payable out of public funds.

(c) Any expenditure made from a candidate's public fund account which results in the purchase of time on radio and television stations pursuant to (a) above shall be documented by an invoice prepared by the radio or television station listing the media time used and the cost to the candidate. The invoice shall be obtained by the candidate, his or her campaign treasurer, or deputy campaign treasurer no later than 10 days following the due date for the 20-day postelection report and shall be maintained pursuant to N.J.A.C. 19:25-16.3 2.

(d) Any expenditure made from a candidate's public fund account shall be identified on election fund reports and submissions for public matching funds to include the check or transaction number, date of payment, full name of payee, full payee mailing address, amount of payment, a detailed description of the election-related purpose of the expenditure, which includes the applicable permitted use of public funds contained at (a) above, and the type of expenditure for each expenditure.

(e) A reimbursement made to the depository or matching fund account of a candidate from the public fund account of that candidate for an expenditure or expenditures permitted under (a) above shall:

1. Be made by individual transfer or transaction from the public fund account in the exact amount of the expenditure or expenditures being reimbursed;

2. Be specifically identified as a reimbursement, including the attachment of applicable documentation (invoice and/or certification of payee), on the report required pursuant to N.J.A. C. 19:25-16.20(b) and on campaign reports required by the Act; and

3. Contain a list of the previously paid expenditure or expenditures permissible under (a) above for which the reimbursement is being made.

(f) Contributions, other than public funds, received by, or on behalf of, any candidate (including contributions eligible for match) shall not be subject to the limitations of (a) above, but may be expended for any lawful purpose in furtherance or aid of the candidacy of the candidate.

(g) Transfer of public funds from the public funds account established pursuant to N.J.A.C. 19:25-16.2 0 to an interest-bearing account or other investment account or vehicle is prohibited.

N.J. Admin. Code § 19:25-16.25

As amended, R.1983 d.287, effective 7/18/1983.
See: 15 N.J.R. 616(a), 15 N.J.R. 1182(e).
New (b) added. Old (b) changed to (c).
As amended, R.1984 d.561, effective 12/17/1984.
See: 16 N.J.R. 2765(a), 16 N.J.R. 3485(b).
Amended by R.1992 d.458, effective 11/16/1992.
See: 24 N.J.R. 3026(a), 24 N.J.R. 4274(a).
Added (c)-(e); redesignated existing (c) as (f).
Amended by R.1996 d.389, effective 8/19/1996.
See: 28 N.J.R. 2524(a), 28 N.J.R. 3971(a).
Amended (c) and (d).
Amended by R.1999 d.300, effective 9/7/1999.
See: 31 N.J.R. 1446(a), 31 N.J.R. 2627(b).
Added (g).
Amended by R.2000 d.322, effective 8/7/2000.
See: 32 N.J.R. 1291(a), 32 N.J.R. 2930(a).
Rewrote (b) and (c).
Amended by R.2004 d.400, effective 10/18/2004.
See: 36 N.J.R. 2985(a), 36 N.J.R. 4837(a).
In (c), rewrote the second sentence.
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 of (a), and in (a)6 and (a)7, substituted "Commission" for "commission" throughout; in (a)6, substituted "Act" for "act"; and in (a)7, inserted a comma following the third occurrence of "deposits".
Amended by R.2012 d.172, effective 10/15/2012.
See: 44 N.J.R. 1593(a), 44 N.J.R. 2380(a).
In (a)3, substituted a comma for "and" following "newspapers" and inserted ", and on the internet"; in (a)7, substituted a semicolon for a period at the end; added (a)8 through (a)10; in (f), substituted ", or on behalf of," for "or in behalf of".

Amended by 52 N.J.R. 2190(a), effective 12/21/2020