STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblywoman MARY PAT ANGELINI
District 11 (Monmouth)
Assemblyman JOHN F. AMODEO
District 2 (Atlantic)
Co-Sponsored by:
Assemblyman C.A.Brown
SYNOPSIS
Requires Attorney General to seize campaign funds of convicted candidates; prohibits convicted criminal offenders from making contributions to candidates and committees.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the use of campaign funds by certain candidates and prohibiting convicted criminal offenders from making contributions to candidates and committees, and supplementing P.L.1973, c.83 (C.19:44A-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Whenever a candidate has plead guilty to or been convicted in this State of committing a crime of the first, second, third or fourth degree, or an offense in another jurisdiction which, if committed in this State, would constitute such a crime, the Attorney General shall, immediately upon the candidate’s conviction, seek such order of forfeiture from a court of competent jurisdiction as may be necessary to seize the funds in the candidate committee or joint candidates committee under the control of that candidate or with which the candidate is affiliated. The funds shall be deposited into a special account of the Election Law Enforcement Commission that shall be appropriated annually solely for the purposes of the commission with regard to the enforcement of P.L.1973, c.83 (C.19:44A-1 et seq.) and the public disclosure of the reports filed with the commission. Such a candidate shall be prohibited from establishing or becoming affiliated with another candidate committee or joint candidates committee until that candidate has completed the sentence imposed for the conviction, completed any period of probation or parole, paid all monetary fines and penalties imposed, and is again eligible to seek election to public office.
No person who has plead guilty to or been convicted of committing a crime of the first, second, third or fourth degree, or an offense in another jurisdiction which, if committed in this State, would constitute such a crime, shall be permitted to make a contribution of money or other thing of value to a candidate, candidate committee or joint candidates committee, political committee, continuing political committee or political party committee, or to a legislative leadership committee, until that person completed the sentence imposed for that conviction, completed any period of probation or parole, paid all monetary fines and penalties imposed, and is eligible to register to vote.
2. This act shall take effect immediately.
STATEMENT
The purpose of this bill is to require the Attorney General to seek an order of forfeiture to seize the funds in the campaign committee of any candidate who is convicted of a criminal offense in this State or another jurisdiction, and to prohibit any person who is a convicted criminal offender from making contributions to candidates for elective office and to committees.
Specifically, the bill provides that whenever a candidate has plead guilty to or been convicted of committing a crime of the first, second, third or fourth degree, the Attorney General is to seek an order of forfeiture from a court of competent jurisdiction to seize the funds in the candidates committee or joint candidates committee under the control of that candidate. The funds are to be deposited into a special account under the control of the Election Law Enforcement Commission, and appropriated annually for the commission’s enforcement of existing campaign contributions and expenditure law, and to enhance its ability to provide public disclosure of the contributions received by all candidates so that disclosure could be made in a quicker and more comprehensive manner. The candidate would be prohibited from establishing or becoming affiliated with another candidate committee or joint candidates committee until that candidate has served his sentence, completed any period of probation or parole, paid all fines and monetary penalties imposed and is again eligible to seek election to public office.
The bill also provides that no person who has plead guilty to or been convicted of committing a crime of the first, second, third or fourth degree would be permitted to make a contribution of money or other thing of value to a candidate, candidate committee or joint candidates committee, political committee, continuing political committee or political party committee, or to a legislative leadership committee, until that person has served his sentence, completed any period of probation or parole, paid all fines and monetary penalties imposed and is eligible to reregister to vote.