As forecasted, a federal court has entered a permanent injunction that permits Super PACs in New Jersey to raise unlimited funds, pursuant to the parties’ agreement. This resolves the suit brought by the Fund for Jobs, Growth & Security after the state’s Election Law Enforcement Commission advised the Fund in March that it was powerless to disregard statutory contribution limits absent a court order.
As the Commission explained yesterday in a press release, it has agreed to withdraw its advisory opinion, and it will recommend legislation that reflects the court order. It cautions, though, that a group that spends more than $2,400 on a New Jersey election with a major purpose to influence New Jersey elections still must register and report as a political committee. Moreover, the Commission’s Executive Director has told us: “How we enforce the law depends on the circumstances. If a political committee also contributes to candidates, it would have to stay within our contribution limits. But if another political committee wants to do independent-only spending, contribution limits would be unenforceable.”
Add New Jersey to the growing list of jurisdictions that allow Super PACs to raise unlimited funds.