Sponsored by:
Senator VINCENT J. POLISTINA
District 2 (Atlantic)
Senator ANDREW ZWICKER
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
SYNOPSIS
“Political Donation Transparency Act;” prohibits automatic enrollment in recurring political contributions and establishes penalties for violators.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning recurring political contributions, designated as the “Political Donation Transparency Act,” 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. This act shall be known and may be cited as the “Political Donation Transparency Act.”
2. a. No candidate, political committee, continuing political committee, candidate committee, joint candidates committee, legislative leadership committee, independent expenditure committee, or political party committee, or any person or entity acting on behalf of such candidate or committee, shall employ the use of automatic or recurring contributions when soliciting contributions within the meaning of P.L.1973, c.83 (C.19:44A-1 et seq.), unless the following standards are met:
(1) a contribution shall not be made automatic or recurring by default;
(2) a contribution shall only be made automatic or recurring upon the affirmative consent of the person making the contribution; and
(3) a clear and conspicuous description of the nature, frequency, and amount of the automatic or recurring contribution shall be provided alongside the option to make a contribution automatic or recurring.
b. The Election Law Enforcement Commission may promulgate, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules as may be necessary to implement the provisions of this section.
c. Any person found to have violated the provisions of this section or the rules promulgated pursuant to this section shall be guilty of a crime of the fourth degree.
3. This act shall take effect immediately.
STATEMENT
This bill is designated as the “Political Donation Transparency Act.”
This bill prohibits any candidate, political committee, continuing political committee, candidate committee, joint candidates committee, legislative leadership committee, independent expenditure committee, or political party committee, or any person or entity acting on behalf of such candidate or comittee, from using automatic or recurring political contributions in solicitations for political contributions, unless certain standards are met. These standards will include that:
(1) a contribution must not be made automatic or recurring by default;
(2) a contribution must only be made automatic or recurring upon the affirmative consent of the person making the contribution; and
(3) a clear and conspicuous description of the nature, frequency, and amount of the automatic or recurring contribution must be provided alongside the option to make a contribution automatic or recurring.
The bill also empowers the Election Law Enforcement Commission to establish such rules as may be necessary to enforce its provisions, and makes it a crime of the fourth degree to violate any of the provisions of the bill or associated rules. A crime of the fourth degree is punishable by imprisonment for up to 18 months, a fine of up to $10,000, or both.