Last year, we blogged about a new and highly restrictive disclosure law in New Jersey that took aim at so-called “dark money” spending by nonprofit and political organizations. In response to a series of lawsuits, a federal court has issued an order permanently prohibiting the state from enforcing the law against “independent expenditure committees” as … Continue Reading
The Internal Revenue Service (IRS) must adhere to public notice-and-comment procedures before it can relieve certain tax-exempt organizations of the burden of reporting the names and addresses of their donors to the IRS, a Montana federal court ruled this week. Last year’s Revenue Procedure 2018-38 provided that tax-exempt organizations, other than 501(c)(3) charities, were no … Continue Reading
So-called “dark money” — political contributions and spending by groups that do not have to disclose their donors — continues to draw the attention of state legislators, with Colorado and New Jersey recently adopting laws that attempt to force some donor disclosure from the groups. They join other states, including Washington and California, that have … Continue Reading
Companies doing business with state and local governments or operating in regulated industries are subject to a dizzying array of “pay-to-play” rules. These rules effectively prohibit company executives and employees (and in some cases, their family members) from making certain personal political contributions. Even inadvertent violations can be dangerous: a single political contribution can, for example, … Continue Reading
New Jersey is well-known for having strict, comprehensive, and complex pay-to-play laws. Two new changes to an annual pay-to-play filing required of some government contractors will only enhance that reputation. State law requires a company that receives $50,000 annually through government contracts in New Jersey to file a report by March 30 of the following … Continue Reading
Earlier this week, New Jersey Governor Chris Christie vetoed key aspects of a bill that would have imposed new restrictions on the ability of national and federal political party committees to raise money from Wall Street and financial executives. The bill, as we have previously discussed, sought to apply the state’s notoriously stringent pay-to-play rules … Continue Reading
A little-noticed sentence in a bill sitting on New Jersey Governor Chris Christie’s desk could, if it becomes law, threaten to curtail the ability of national party committees to raise money from Wall Street and financial industry executives. The Republican and Democratic Governors Associations, the Republican National Committee, the Democratic National Committee, and the federal … Continue Reading
New Jersey, already home to some of the most complex and restrictive pay-to-play laws in the nation, is considering an aggressive new expansion of those laws. A bill under consideration that recently passed through a senate committee would prohibit certain individuals and entities involved in managing state employee retirement funds from making contributions to national, … Continue Reading
Medford, New Jersey recently disqualified five would-be city contractors from receiving municipal contracts until 2017 for allegedly making political contributions in violation of the Township’s pay-to-play ordinance. The ordinance, adopted in 2012, imposes an automatic four-year bar on contracting with a company that contributes to candidates or committees in excess of the law’s per-recipient or … Continue Reading
Last spring, we reported that the New Jersey Attorney General charged seven executives and shareholders of Birdsall Services Group, an engineering firm, with participating in a massive pay-to-play scheme. The scheme allegedly involved a multi-year attempt by company executives and major shareholders to evade state level pay-to-play restrictions by making and then reimbursing political contributions … Continue Reading
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 … Continue Reading
With the New Jersey gubernatorial primary election fast approaching, we have been tracking a legal challenge to the State’s treatment of contributions to Super PACs. Back in March, the Election Law Enforcement Commission issued an advisory opinion to the Fund for Jobs and Growth, explaining that the group would need to adhere to contribution limits … Continue Reading
A few weeks ago the New Jersey Election Law Enforcement Commission issued an advisory opinion indicating that it would enforce the state’s contribution limits against groups that (i) have a major purpose of influencing New Jersey elections and (ii) do so exclusively by making independent expenditures. Although the Commission recognized that its position might be … Continue Reading
As part of a continuing trend of New Jersey municipalities adopting local pay-to-play laws, Jersey City, NJ, has enacted an ordinance that “restricts city vendors that win no-bid contracts from donating more than $200 to the campaigns of school-board candidates and to some state Senate and Assembly candidates.” According to NJ.com, the ordinance also restricts … Continue Reading
Upper Township, New Jersey, just added another mine to the minefield that is New Jersey pay-to-play law. We noted in October that Upper Township (1) had adopted a new pay-to-play law and (2) was poised to do so again. According to the Upper Township Gazette, on Monday the Upper Township Committee voted to adopt a new … Continue Reading
Lesson one for any student of state and local pay-to-play laws: just when you think you have a handle on them, they change. Recent developments in a small New Jersey township provide a case-in-point. Last month, Upper Township, New Jersey, adopted an ordinance that forbids the township from entering into certain kinds of contracts if, … Continue Reading
