Sponsored by:
Senator PAUL A. SARLO
District 36 (Bergen and Passaic)
SYNOPSIS
Authorizes use of campaign funds for security expenses of candidate and immediate family.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the use of campaign funds 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. a. In addition to those uses permitted under section 17 of P.L.1993, c.65 (C.19:44A-11.2), contributions received by a candidate, candidate committee, joint candidates committee, or legislative leadership committee may be used to pay for the reasonable costs of security measures for a candidate or officeholder, members of their immediate family, and campaign staff, provided that the security measures address ongoing dangers or threats that would not otherwise exist were it not for the individual’s status or duties as a candidate or officeholder.
b. Expenditures may be made to pay for the following security measures, provided that such expenditures are based on the fair market value of the goods and services:
(1) non-structural security devices, such as security hardware, locks, alarm systems, motion detectors, and security camera systems;
(2) structural security devices, such as wiring, lighting, gates, doors, and fencing, so long as such devices are intended solely to provide security and not to improve the property or increase its value;
(3) security personnel and services that are bona fide, legitimate, and professional, and compliant with the “Security Officer Registration Act,” P.L.2004, c.134 (C.45:19A-1 et seq.), as applicable; and
(4) cybersecurity software, devices, and services.
c. Expenditures made for the purchase or installation of physical security equipment, including structural and non-structural security devices, shall not exceed $10,000 per candidacy.
d. Expenditures shall not be made for:
(1) the purchase of firearms or ammunition;
(2) payments to immediate family members or entities owned or operated by immediate family members; or
(3) home improvements not expressly authorized by subsection b. of this section.
e. Any candidate, candidate committee, joint candidates committee, or legislative leadership committee that authorizes an expenditure to pay for the reasonable costs of security measures authorized pursuant to this section shall retain documentation, including receipts, invoices, and contracts of such expenditures, in accordance with the record retention requirements established by P.L.1973, c.83 (C.19:44A-1 et seq.) and the regulations of the Election Law Enforcement Commission. Such documents shall be considered public records, except that no plan, design, or schematic that reveals the type or location of the security measures installed shall be publicly disclosed.
f. Any security devices or ongoing services purchased pursuant to this section shall be considered an asset of the campaign and shall be appropriately dissolved once the candidate closes out the candidate’s campaign or the officeholder is no longer in office. Devices and equipment shall be sold for cost or other reasonable value.
g. The Election Law Enforcement Commission shall promulgate rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purpose of this section.
h. As used in this section:
“Immediate family” means the candidate or officeholder's spouse, child, parent, or sibling, and the child, parent, or sibling of the candidate or officeholder's spouse, living in the same household as the candidate or officeholder.
2. This act shall take effect immediately.
STATEMENT
This bill authorizes candidates and officeholders to use campaign funds for the reasonable costs of security measures for a candidate or officeholder, members of their immediate family, and campaign staff, provided that the security measures address ongoing dangers or threats that would not otherwise exist were it not for the individual’s status or duties as a candidate or officeholder.
Under the bill, candidates, candidate committees, joint candidate committees, and legislative leadership committees can make expenditures for:
(1) non-structural security devices, such as security hardware, locks, alarm systems, motion detectors, and security camera systems;
(2) structural security devices, such as wiring, lighting, gates, doors, and fencing, so long as such devices are intended solely to provide security and not to improve the property or increase its value;
(3) security personnel and services that are bona fide, legitimate, and professional; and
(4) cybersecurity software, devices, and services.
Expenditures on physical security equipment, such as structural and non-structural security devices, will be capped at $10,000 per candidacy.
Expenditures cannot be made for:
(1) the purchase of firearms or ammunition;
(2) payments to immediate family members or entities owned or operated by immediate family members; or
(3) home improvements not expressly authorized by this bill.
The provisions of this bill align with recent proposals made by the Election Law Enforcement Commission for changes to campaign finance rules and regulations.