(a)
Any person or entity expending funds to make a communication shall be deemed to have made a coordinated expenditure for a gubernatorial candidate if:
1.
The communication makes a reference to the gubernatorial candidate in an audio, visual, printed, or electronic format, which references names, depicts, pictures, characterizes, represents, dramatizes, or in any written, spoken, visual, or electronic manner represents a gubernatorial candidate or opponent;
2.
The gubernatorial candidate or his or her campaign committee has consented to, authorized, or exercised control over the production or circulation of the communication; and
3.
The expenditure for the communication was made on or after the date upon which the gubernatorial candidate or committee described at (a)2 above applied to receive matching funds pursuant to
N.J.A.C.
19:25-16.18
.
(b)
The amount expended for a coordinated expenditure for a gubernatorial candidate shall be a contribution by the person or entity making the expenditure to that gubernatorial candidate which contribution is subject to the gubernatorial candidate contribution limit established at
19:25-16.6
(a)
and allocable against the gubernatorial candidate expenditure limit established at
19:25-16.9
(a)3
.
(c)
For each coordinated communication expenditure pursuant to (a) and (b) above, a gubernatorial candidate shall determine:
1.
The cost of preparation and circulation of the communication; and
2.
The value of the coordinated communication to the gubernatorial candidate.
(d)
The value of a coordinated communication to a gubernatorial candidate may be determined at less than 100 percent of the total cost of preparation and circulation if the coordinated communication referred to one or more non-gubernatorial candidates in the same election, and the percentage of the cost to be allocated to the gubernatorial candidate shall be determined based upon the following:
1.
The number of non-gubernatorial candidates identified or otherwise referred to; and
2.
The prominence of the reference to the gubernatorial candidate in relation to references to non-gubernatorial candidates. For example, if a printed pamphlet is prepared and circulated at a cost of $ 1,000 and features equally one page for a non-gubernatorial candidate and one page for a gubernatorial candidate, the value is 50 percent of the total cost of $ 1,000 or $ 500.00.
(e)
A gubernatorial candidate determining the value to his or her candidacy of a coordinated communication pursuant to (d) above shall establish that value to the nearest five percent of the total cost of preparation and circulation. In no case shall the value be determined to be less than five percent of total cost.
History
Emergency amendment, R.1989 d.181, effective
3/6/1989
(expires May 5, 1989).
See: 21 N.J.R. 788(b).
Adopted concurrent proposal, R.1989 d.263, effective
4/24/1989
.
See: 21 N.J.R. 788(b), 21 N.J.R. 1380(a).
Provisions of emergency amendment R.1989 d.181 readopted without change. N.J.A.C. 19:25-16.30 was recodified to N.J.A.C. 19:25-16.31.
New Rule, R.1989 d.382, effective
6/23/1989
.
See: 21 N.J.R. 1286(a), 21 N.J.R. 2056(b).
Repeal and New Rule, R.1992 d.458, effective
11/16/1992
.
See: 24 N.J.R. 3026(a), 24 N.J.R. 4274(a).
Amended by R.1996 d.389, effective
8/19/1996
.
See: 28 N.J.R. 2524(a), 28 N.J.R. 3971(a).
Amended (h) and added (i).
Amended by R.1996 d.583, effective
12/16/1996
.
See: 28 N.J.R. 4395(b), 28 N.J.R. 5199(a).
In (b), (c), (d)1, and (h), inserted reference to legislative leadership committee and text "of the same political party as the gubernatorial candidate"; and in (i), inserted reference to legislative leadership committee and substituted references to circulating for reference to preparing.
Amended by R.1997 d.218, effective
5/19/1997
.
See: 29 N.J.R. 743(a), 29 N.J.R. 2468(a).
In (d)1, substituted "primary election" for "general election".
New Rule, R.1999 d.300, effective
9/7/1999
.
See: 31 N.J.R. 1446(a), 31 N.J.R. 2627(b).
Former N.J.A.C. 19:25-16.30, Coordinated expenditures, repealed.
Amended by R.2004 d.400, effective
10/18/2004
.
See: 36 N.J.R. 2985(a), 36 N.J.R. 4837(a).
Added (a)3.
Amended by R.2012 d.172, effective
10/15/2012
.
See: 44 N.J.R. 1593(a), 44 N.J.R. 2380(a).
In (a)1, inserted a comma following "format" and substituted "references" for "reference".
Amended by 52 N.J.R. 2190(a), effective
12/21/2020