State Contractor Political Contributions Compliance
EO 118 Q&A
Executive Order No. 118 references a list of the entities included in the Order’s definition of “state redevelopment entity.” Which entities are included?
Answer: The following entities have been determined to be included under Executive Order No. 118’s definition of “state redevelopment entity”:
- New Jersey Meadowlands Commission
- New Jersey Redevelopment Authority
- Capital City Redevelopment Corporation
Please note that this list may be supplemented or amended, if appropriate.
Do EO 117 and EO 118 extend restrictions only to “equity partners” (the actual “owners” of partnerships and like entities) or do they affect non-equity partners, their spouses and resident children?
Answer: Chapter 51 applies only to partners with an ownership interest and by extension their spouses or civil union partners and resident children. This is consistent with the Election Law Enforcement Commission (ELEC), which defines partner as:
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.
May partners with an ownership interest solicit multiple contributions of $300 or less?
Answer: Yes. Chapter 51 prohibits the State from contracting with business entities that have solicited or made any “contribution” of money to certain candidates or committees. A “contribution” means a contribution reportable by the recipient under the New Jersey Campaign Contributions and Expenditures Reporting Act (CCERA). Reportable contributions under the CCERA are currently those in excess of $300.00 from a single source in the aggregate per election.
May covered persons solicit multiple contributions of $300 or less from individuals in the same business organization.
Answer: See Answer to No. 3 above. Yes, Chapter 51 permits a covered person to solicit multiple contributions so long as all contributions are not reportable (presently $300.00 or less). Chapter 51 and EO 117 and EO 118 do not limit covered persons from soliciting within the business entity in which they have an ownership interest.
Does EO 117 or EO 118 affect the partnership and limited liability company contribution mechanism set forth in Election Law Enforcement Commission regulations at N.J.A.C. 19:25-11.10?
Answer: No. See Chapter 51 Question and Answer Number 47. The mechanism described above is still in effect and has not been modified by Chapter 51, EO 117 and/or EO 118.