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03.19.2024Important Changes to the New Jersey ELEC Pay-to-Play Annual DisclosureNew Jersey has long had a requirement for business entities that hold government contracts to file a Business Entity Annual Statement (“Form BE”). The Form BE, normally due on March 30 of each year, will be due on April 1, 2024 this year, as the first business day following March 30. If your business entity received payments of $50,000 or more (in the aggregate) as a result of New Jersey government contracts during the 2023 calendar year, the Form BE must be electronically filed.
01.31.2024Pennsylvania Government Contractor Pay-to-Play Disclosure Deadline – February 15, 2024Under Pennsylvania's pay-to-play disclosure law, any business entity that has been awarded any no-bid contract by the Commonwealth of Pennsylvania or any of its political subdivisions must file a disclosure with the Pennsylvania Department of State by February 15, 2024.
01.11.2024Political-Law Calendar for 2024With the new year comes an opportunity to review and re-set the political-law compliance for campaigns, PACs, lobbyists, businesses, and individuals. The following checklist provides a brief overview of upcoming dates on the political-law calendar for 2024.
10.30.2023Important Changes to ELEC Pre-Election ReportingWith just over a week remaining until election day, now is the time for reporting committees, individuals and corporations, and organizations to prepare for and understand their ELEC reporting obligations. Under the Elections Transparency Act, a wider range of organizations are required to file ELEC reports, and a broader range of transactions are subject to pre-election reporting.
10.17.2023Political Law With The Simpsons - A Four Part Series By Avi KelinAs far back as 1995, The Simpsons established that you don't win friends with salad. Even though you may not make any friends with salad, it still has a monetary value. This dichotomy can actually teach us something about political-law compliance. We present to you: Political Law With The Simpsons - A Four Part Series.
09.19.2023Assessing the New Jersey Elections Transparency Act Before the 2023 General ElectionWe are now less than eight weeks out from Election Day 2023, and even less time to go before the start of vote-by-mail and early voting. This year is the first in a series of big elections: the entire New Jersey Legislature on the ballot in 2023, before the Presidential election in 2024, and the Gubernatorial in 2025.
02.20.2023 FEC Announces New Contribution Limits for Federal CandidatesThe Federal Election Commission has announced its inflation-adjustments for contribution limits to federal political recipients. These new limits apply to the 2023-2024 federal elections, and represent a significant increase from previous limits.
02.07.2023Pennsylvania Government Contractor Pay-to-Play Disclosure Deadline – February 15, 2023Under Pennsylvania's pay-to-play disclosure law, any business entity that has been awarded any no-bid contract by the Commonwealth of Pennsylvania or any of its political subdivisions must file a disclosure with the Pennsylvania Department of State by February 15, 2023.
12.13.2022Gift Rules for Elected Officials and Government EmployeesSecret Santa, Pass the Parcel, White Elephant, Mystery Maccabee—whatever you call it, this is the season of gift giving. But private individuals, businesses, and elected officials need to think carefully before providing or accepting any gifts or other things of value this holiday season. New Jersey’s gift-and-ethics rules can restrict even such innocuous seeming items as gift baskets, meals, or entertainment—providing anything of value to an elected official or government employee can have important legal and compliance implications.
09.21.2022Who Can Make Political Contributions in New Jersey?Now that Labor Day is in the rearview mirror, we are only two months out from important federal and state elections here in New Jersey. In this period will come a rush of dinners, cocktail parties, and breakfasts, all with the goal of raising funds for the homestretch of the election. Before you or your business attend one of these fundraisers, it is important to understand which people and entities are legally permitted to make political contributions, and which are not.
03.14.2022Calling all NJ Government Contractors—The ELEC Pay-to-Play Annual Disclosure Filing Deadline is ApproachingNew Jersey’s annual pay-to-play filing deadline will be here at the end of March. If your business entity received payments of $50,000 or more (in the aggregate) as a result of New Jersey government contracts during the 2021 calendar year, the time has come to begin preparing your Business Entity Annual Statement (“Form BE”).
03.10.2022Deadline for New Jersey's Annual Pay-to-Play Disclosure is ApproachingDoes your company do business with New Jersey government entities? Does your company make political contributions to New Jersey political recipients? Does your company have a political action committee/continuing political committee that is active in New Jersey? Do your officers, directors, partners or their spouses make political contributions to New Jersey recipients? If you answered “yes” to any of these questions, you are most likely required to file an Annual Pay-to-Play Disclosure Form for calendar year 2021.
02.09.2022Pennsylvania Government Contractor Pay-to-Play Disclosure Deadline – February 15, 2022Under Pennsylvania's pay-to-play disclosure law, any business entity that has been awarded any no-bid contract by the Commonwealth of Pennsylvania or any of its political subdivisions must file a disclosure with the Pennsylvania Department of State by February 15, 2022.
01.11.2022Political Compliance Calendar for 2022With the new year comes an opportunity to review and re-set the political-law compliance for campaigns, PACs, lobbyists, businesses, and individuals. The following checklist provides a brief overview of upcoming dates on the political-compliance calendar for 2022.
08.31.2021Political Law Update for Banks, Utilities, Insurance Companies and Regulated IndustriesAs summer winds down, we are entering the home stretch for the 2021 gubernatorial election in New Jersey. Because of the importance of this election, businesses and individuals who normally sit out politics may find themselves getting involved in political activity. This process can be especially tricky for New Jersey’s regulated industries—banks, utilities, insurance companies, and more—because the rules of the road for their political activity have recently changed.
06.22.2021The IEs are Coming: Regulated-Industry Companies Now Free to Make Independent Expenditures in NJLate yesterday, the United States District Court of the District of New Jersey held that a century-old statute “does not ban any entity from making independent expenditures” in New Jersey. The decision comes just in time for the 2021 general election in New Jersey with the governor’s race and all 120 seats in the New Jersey Legislature up for grabs.
05.03.2021A Brief Introduction to the History and Theory of Campaign-Finance Law, Part 1Recently on our blog, we have considered the nuances surrounding pay-to-play laws, election cycles, and refunds of contributions. But, as we continue to cover these and other topics deep in the weeds of political law, it is worth taking a step back to review the history and theory of campaign-finance laws in the United States.
04.26.2021Focus on Newark, New Jersey Pay-to-Play ComplianceOne of the challenges of navigating New Jersey’s political environment is that the rules of the road may differ in each of our 21 counties and 565 municipalities. In the political sphere, perhaps the greatest challenge for compliance arises when considering New Jersey’s local pay-to-play ordinances.
03.04.2021Calling All New Jersey Government Contractors: Is Your Company Prepared for the March 30th Business Entity Annual Disclosure Filing Deadline?New Jersey’s Pay-to-Play Annual Disclosure filing deadline is less than one month away. New Jersey law requires each business entity that received payments of $50,000 or more (in the aggregate) as a result of New Jersey government contracts during the 2020 calendar year to electronically file a Business Entity Annual Statement (“Form BE”) with the New Jersey Election Law Enforcement Commission (“ELEC”) no later than Tuesday, March 30, 2021.
02.17.2021The Power of RefundsAlthough refunds can be a powerful tool under New Jersey’s pay-to-play laws, all contributions should still be carefully reviewed for compliance with appliable limits so that a company or individual is not in the position of having to ask for a refund. Many companies think that if somebody makes or approves a contribution that they should not have made or approved, the company will simply request a refund. It’s not quite so simple…
02.02.2021Pennsylvania Government Contractor Pay-to-Play Disclosure Deadline – February 15, 2021Under Pennsylvania's pay-to-play disclosure law, any business entity that has been awarded any no-bid contract by the Commonwealth of Pennsylvania or any of its political subdivisions must file a disclosure with the Pennsylvania Department of State by February 15, 2021.
01.28.2021The Importance of Election CyclesIn our last blog, we addressed the applicability of reduced pay-to-play limits for government contractors and prospective government contractors. In this blog, as the first month of 2021 comes to a close, it is an opportune time to review the varying time periods applicable to traditional New Jersey campaign-finance limits. While some contribution limits operate on a calendar-year basis, not all contribution limits re-set in a new calendar year.
01.21.2021Know Your Pay-to-Play Limits: Taking Stock of Covered Contributors2021 has been off to an eventful start politically. Although a lot is happening on the national stage, we cannot forget that 2021 is a big election year in New Jersey. Not only do we have an upcoming gubernatorial election, but all 120 seats in the New Jersey Legislature are up for grabs and hundreds of local candidates will be on the ballot.
01.18.2021Bergen County Twice-Annual Pay-to-Play Disclosure Deadline ApproachesVendors that hold government contracts with Bergen County are required to file pay-to-play disclosures in January and July of each year. This requirement to file the Bergen County Sunshine Form and the REVUE 2 Form was enacted in 2013 when the County adopted its own local pay-to-play ordinance.
01.05.2021What Regulated-Industry Companies and Non-Profits Need to Know About New Jersey Political Communication ContributionsNot all political activity is the same. A political contribution is different than lobbying, which is itself different than issue advocacy. And the rules of the road differ for each category of activity. Under New Jersey law, there are two scenarios in which a public communication becomes a political contribution, subject to the restrictions and requirements of a contribution.
11.03.2020Know Your (Pay-to-Play) Solicitation Limits: Fundraising for New Jersey’s 2021 Gubernatorial Election Has BegunOur last blog post focused on the reduced contribution limits to New Jersey gubernatorial candidates that apply to business entities that hold or seek to remain eligible for New Jersey Executive Branch contracts. But it is not only directly making a contribution to a gubernatorial candidate that can jeopardize eligibility for State of New Jersey contracts.
10.07.2020Know Your (Pay-to-Play) Contribution Limits: Fundraising for New Jersey’s 2021 Gubernatorial Election Has BegunThe 2020 Presidential Election is right around the corner and New Jersey’s 2021 gubernatorial election is not far behind! Not only are invitations for socially-distanced and zoom events in connection with the 2020 general election hitting inboxes on a daily basis, but fundraising for the 2021 gubernatorial election has begun.
03.31.2020COVID-19 Political Law UpdatesAs the entire globe faces the unprecedented challenges of COVID-19, the political world is working to adjust to the new normal. Campaign ads are already focusing on COVID-19 claims, and we are also seeing in-person events being replaced with virtual conference calls, events, and rallies. But, with very few exceptions, the existing legal framework still governs political activity.
03.27.2020New Jersey Election Law Enforcement Commission Announces Grace Period for Form BE Annual Pay-to-Play DisclosureThe statutory filing deadline for the Form BE annual pay-to-play disclosure in New Jersey, which requires each business entity that received payments of $50,000 or more (in the aggregate) as a result of New Jersey government contracts during the 2019 calendar year to disclose its government contracts and political contributions, is set for Monday, March 30, 2020.
03.05.2020New Jersey’s “Dark Money” Law is Effectively DeadFor more than a year now, New Jersey non-profits and politically active groups have been following the saga of S150, the so-called Dark Money law. This law would have dramatically increased the reporting obligations of 501(c)(4) social-welfare organizations and political organizations operating under Section 527 of Internal Revenue Code that engaged in a wide range of New Jersey political activity and advocacy.
03.03.2020Calling All New Jersey Government Contractors: New Jersey’s Pay-to-Play Annual Disclosure filing deadline is less than one month away. New Jersey law requires each business entity that received payments of $50,000 or more (in the aggregate) as a result of New Jersey government contracts during the 2019 calendar year to electronically file a Business Entity Annual Statement (“Form BE”) with the New Jersey Election Law Enforcement Commission (“ELEC”) no later than Monday, March 30, 2020.
02.20.2020Ethics Reform is Coming to Trenton: Is Your Company Ready?It has been a little over a month since Governor Murphy delivered his State of the State address in Trenton. In that speech, the Governor promised to deliver sweeping ethics reform to Trenton. Last night, in a live address, the Governor unveiled a comprehensive plan which promises to be the most sweeping changes to ethics reform in Trenton in more than a decade.
02.07.2020Pennsylvania Government Contractor Pay-to-Play Disclosure Deadline – February 15, 2020Under Pennsylvania's pay-to-play disclosure law, any business entity that has been awarded any no-bid contract by the Commonwealth of Pennsylvania or any of its political subdivisions must file a disclosure with the Pennsylvania Department of State by February 15, 2020.
01.23.2020Citizens United Turns TenWith Citizens United reaching double digits this week, now is an opportune time review the landmark case’s impact on campaign-finance law.
01.16.2020Governor Murphy, in State of the State Address, Focuses on Ethics and Pay-to-Play ReformIn Governor Murphy’s January 14, 2020 State of the State address, the first-term governor promised to propose, in the coming weeks, reforms to the State’s ethics laws, financial disclosures, and pay-to-play laws. The Governor highlighted that it has been more than a decade since the Executive and Legislative branches “undertook comprehensive ethics reform.”
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