NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION
PO Box 185
Trenton, New Jersey 08625-0185
NEW JERSEY ELECTION LAW
ENFORCEMENT COMMISSION,
FINAL DECISION
FOR LATE FILING OF
Complainant,
LOBBYIST ANNUAL REPORT
v.
NEW JERSEY COMMON CAUSE
A lobbyist organization,
C-998-98L
Respondent.
PLEASE TAKE NOTICE that the New Jersey Election Law Enforcement Commission (hereafter, the
Commission) considered at its meeting of December 19, 2001, the Complaint for late filing of the 1998 Annual
Report of Lobbyist Organization (Form L1-L) in the above-captioned case, issued pursuant to N.J.S.A. 52:13C-18
to -36, which Complaint is hereby incorporated by reference in this Final Decision, and considered the
Respondent’s Affidavit and Waiver of Hearing submitted in response to the Complaint, and by a vote of 3-0 the
Commission adopted as its Final Decision the proposed Findings of Fact and Conclusions of Law set forth in the
Complaint.
PENALTY
THEREFORE, pursuant to N.J.S.A. 52:13C-23.1, the Commission hereby imposes a penalty in the amount
of $300.00 upon the Respondent for late filing of Form L1-L. The Commission has received payment of $300.00.
No further payment is required.
NEW JERSEY ELECTION LAW
ENFORCEMENT COMMISSION
Date of Mailing: January 4, 2002
Harry S. Pozycki, Chair
New Jersey Common Cause
450 Main Street
Metuchen, New Jersey 08840
CERTIFIED MAIL NO. 7099 3400 0017 5510 0991
RETURN RECEIPT REQUESTED
AND FIRST CLASS MAIL
BY: _______________________________
RALPH V. MARTIN
Chair
_____________________________________________
NEW JERSEY ELECTION LAW
ENFORCEMENT COMMISSION,
Complainant,
|
|
|
|
v.
|
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UNION COUNTY DEMOCRATIC
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COMMITTEE,
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a county political party committee,
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and,
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JOSEPH C. BODEK,
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organizational treasurer,
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Respondents.
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_________________________________________________|
CONSENT ORDER
AND FINAL DECISION
C-N 2000 0001 11-97(Q)
The Election Law Enforcement Commission (hereafter, the Commission) having brought a
Complaint on April 18, 2000, against Union County Democratic Committee, a county political party
committee (hereafter, the Respondent Committee), and Joseph C. Bodek, its organizational treasurer
(hereafter, the Respondent Treasurer), for alleged violations of the New Jersey Campaign Contributions
and Expenditures Reporting Act, N.J.S.A. 19:44A-1, et seq. (hereafter, the Campaign Reporting Act) in
calendar year 1997;
And the Complaint issued by the Commission and described above being incorporated by
reference in this Consent Order and Final Decision;
And the Commission adopting the Proposed Findings of Fact and Proposed Conclusions of Law
set forth in both counts of the Complaint as the Findings of Fact and Conclusions of Law in its Final
Decision in this case;
And Respondent Committee and Respondent Treasurer, being represented in this matter by Frank
G. Capece, Esq., consenting to the adoption of the Proposed Findings of Fact and Proposed Conclusions
of Law as the Findings of Fact and Conclusions of Law in this Consent Order and Final Decision;
The Commission therefore pursuant to N.J.S.A. 19:44A-22 ORDERS the Respondent Committee
and Respondent Treasurer to pay a total joint penalty in this matter in the amount of TWO THOUSAND
FIVE HUNDRED DOLLARS ($2,500), which payment has been received in full from the Union County
Democratic Committee on May 25, 2000 by check number 1329 dated May 19, 2000.
RESPONDENTS' CONSENT TO SETTLE:
On behalf of the Respondent Union County Democratic Committee and Respondent Treasurer
Joseph C. Bodek, the undersigned hereby consents to the form and substance of the findings of fact,
conclusions of law, and penalty set forth in this Consent Order, and therefore to the entry of this Consent
Order as the Final Decision of this case. However, should the Commission decline to adopt and execute
this Consent Order, the Respondent Committee and Respondent Treasurer retain their right to request a
ELEC v. Union County Democratic Committee and Joseph C. Bodek
C-N 2000 0001 11-97(Q)
Page 2
hearing before the Office of Administrative Law and to receive a refund of their payment in the amount
of $2,500.
DATED:
5/25/00
BY:
s/s
Frank G. Capece, Esq.
Waters, McPherson, McNeill
Attorney for Respondents
CONSENT OF COMMISSION'S PROSECUTION STAFF:
The undersigned hereby consents to the submission of this Consent Order to the Commission
for the Commission's Final Decision consideration. Should the Commission decline to adopt and execute
this Consent Order, I hereby acknowledge that the Respondent Committee and Respondent Treasurer
retain their right to a hearing before the Office of Administrative Law and to receive a refund of their
payment in the amount of $2,500.
ELECTION LAW ENFORCEMENT COMMISSION
DATED:
5-25-00
BY:
s/s
Gail Shanker, Esq.
Assistant Legal Director
COMMISSION'S CONSENT AND FINAL DECISION:
The New Jersey Election Law Enforcement Commission, by a vote of 4-0 , at its meeting of
June 22, 2000, consented to and adopted the findings of fact, conclusions of law, and penalty set forth in
this Consent Order, as its Final Decision in ELEC v. Union County Democratic Committee and Joseph C.
Bodek, and acknowledges receipt from the Respondent Committee and Respondent Treasurer of payment
of the full amount of the joint penalty in the amount of $2,500.
ELECTION LAW ENFORCEMENT COMMISSION
DATED:
6/22/00
BY:
s/s
RALPH V. MARTIN
Chair
NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION
P.O. Box 185
Trenton, New Jersey 08625-0185
NEW JERSEY ELECTION LAW
ENFORCEMENT COMMISSION,
NOTICE OF PROPOSED HEARING
AND COMPLAINT FOR LATE FILING
Complainant,
OF DESIGNATIONS OF TREASURER
v.
AND DEPOSITORY AND FOR FAILURE
UNION COUNTY DEMOCRATIC
COMMITTEE,
a county political party committee,
TO FILE "48-HOUR NOTICES" IN 1997
and
JOSEPH C. BODEK,
organizational treasurer,
Respondents.
C-N 2000 0001 11-97(Q)
PLEASE TAKE NOTICE that the New Jersey Election Law Enforcement Commission (hereafter, the
Commission) hereby files a complaint against the Union County Democratic Committee (hereafter, the
Respondent Committee) and Joseph C. Bodek (hereafter, the Respondent Treasurer) and proposes to offer the
Respondent Committee and Respondent Treasurer an opportunity for a public hearing before the Office of
Administrative Law (OAL) to determine whether or not the Respondent Committee and Respondent Treasurer
had the responsibility under the terms of "The New Jersey Campaign Contributions and Expenditures Reporting
Act," N.J.S.A. 19:44A-1, et seq. (hereafter, the Act) for the filing of quarterly reports or information required to
be filed pursuant to the Act, and to determine whether or not the Respondent Committee and Respondent
Treasurer failed, neglected or omitted to file any such report or information at the time and in the manner
prescribed by law and are therefore subject to penalties provided by the Act. The hearing will be conducted
under the legal authority and jurisdiction conferred upon the Commission to impose penalties for violations of
the Act, specifically Sections 6(b) and 22.
The Commission by way of Complaint alleges:
ELEC v. Union County Democratic Committee
and Joseph C. Bodek
Page 2
FIRST COUNT
PROPOSED FINDINGS OF FACT:
1. The Respondent Committee, Union County Democratic Committee, was at all times relevant to
this Complaint, a county political party committee, as defined by N.J.S.A. 19:44A-3p and N.J.S.A. 19:5-3, and
therefore was subject to the requirements of the New Jersey Campaign Contributions and Expenditures Reporting
Act, N.J.S.A. 19:44A-1 to -47 (L. 1973, c. 83 as amended through L. 1993, c. 65), and Commission Regulations,
N.J.A.C. 19:25-1 to -21.
2. The Respondent Treasurer, Joseph C. Bodek, was at all times relevant to this Complaint, the
organizational treasurer for the above-named Respondent Committee and therefore was subject to the
requirements established by the Act and Commission Regulations.
3. The Respondent Committee and Respondent Treasurer were required by N.J.S.A. 19:44A-10 and
N.J.A.C. 19:25-4.6 to certify and file with the Commission not later than July 10, 1997, a Political Party
Committee-Designation of Organizational Treasurer and Depository (Form D-3) containing the name of the
organizational treasurer, the name, mailing address and telephone number of the bank at which the organizational
depository has been established, the account number of the organizational depository and the names, mailing
addresses and telephone numbers of all persons authorized to sign checks or otherwise make transactions from
the organizational depository.
4. The Respondent Committee and Respondent Treasurer filed with the Commission, on July 16,
1997, a Political Party Committee-Designation of Organizational Treasurer and Depository (Form D-3), certified
as correct by the Respondent Treasurer, designating the Respondent Committee’s organizational depository as
“UCDC,” bank account number 0092280577, established and maintained at “Corestate,” 201 North Wood Ave.,
Linden, New Jersey 07036.
5.
The Respondent Committee and Respondent Treasurer were required, pursuant to N.J.S.A.
19:44A-8c (L. 1973, c. 83, s. 8 as amended through L. 1993, c. 65, s. 3) and N.J.A.C. 19:25-9.1, to certify the
correctness of and to file with the Commission, not later than April 15, 1997, July 15, 1997, October 15, 1997,
and January 15, 1998, quarterly reports (Forms R-3), each report to include all moneys, loans, paid personal
services, or other things of value contributed to them during the respective quarterly reporting period, as defined
by N.J.A.C. 19:25-9.1, and all expenditures made, incurred or authorized by them during the same period.
6. The Respondent Committee and Respondent Treasurer filed with the Commission on January 16,
1998, a quarterly report (Form R-3) for the fourth quarter of 1997 which disclosed on the Depository Summary,
information relevant to the organizational depository described in paragraph four above, and reported
information relevant to two additional organizational depositories as follows:
ELEC v. Union County Democratic Committee
and Joseph C. Bodek
Page 3
a. “Union County Dem Comm,” bank account number 626-4131, established and maintained at
“Corestate/First Union,” North Wood Ave., Linden, New Jersey 07036, and
b.
“Union County Dem Comm,” bank account number 3014199128718, established and
maintained at “Corestate/First Union,” North Wood Ave., Linden, New Jersey 07036.
7. The Respondent Committee and Respondent Treasurer were required by N.J.S.A. 19:44A-10 and
N.J.A.C. 19:25-5.4 to certify and file with the Commission not later than the fifth day after designation of an
additional organizational depository, a Political Party Committee-Designation of Organizational Treasurer and
Depository (Form D-3) containing the name of the organizational treasurer, the name, mailing address and
telephone number of the bank at which the additional organizational depository has been established, the account
number of the additional organizational depository and the names, mailing addresses and telephone numbers of
all persons authorized to sign checks or otherwise make transactions from the additional organizational
depository.
8. Upon information and belief, the Respondent Committee and Respondent Treasurer designated
the additional depository described in paragraph 6a above on December 1, 1997, by the purchase of a certificate
of deposit, and the Respondent Committee and the Respondent Treasurer were required pursuant to N.J.S.A.
19:44A-10 and N.J.A.C. 19:25-5.4 to certify as correct and file Form D-3 no later than December 8, 1997.
9. The Respondent Committee and Respondent Treasurer certified as correct and filed with the
Commission, on August 13, 1999, a Political Party Committee-Designation of Organizational Treasurer and
Depository (Form D-3), for the additional organizational depository described in paragraph 6a above, that date
being after the December 8, 1997 due date and 613 days late.
10. Upon information and belief, the Respondent Committee and Respondent Treasurer opened and
designated the additional depository described in paragraph 6b above on December 26, 1997, as a savings
account, and the Respondent Committee and the Respondent Treasurer were required pursuant to N.J.S.A.
19:44A-10 and N.J.A.C. 19:25-5.4 to certify as correct and file Form D-3 no later than December 31, 1997.
11. The Respondent Committee and Respondent Treasurer certified as correct and filed with the
Commission, on August 13, 1999, a Political Party Committee-Designation of Organizational Treasurer and
Depository (Form D-3), for the additional organizational depository described in paragraph 6b above, that date
being after the December 31, 1997 due date and 590 days late.
PROPOSED CONCLUSIONS OF LAW:
WHEREFORE, the Respondent Committee and Respondent Treasurer violated N.J.S.A. 19:44A-10
and N.J.A.C. 19:25-5.4 by filing the Political Party Committee-Designation of Organizational Treasurer and
Depository (Form D-3) 613 days late for an additional 1997 organizational depository in the form of a certificate
of deposit and 590 days late for an additional 1997 organizational depository in the form of a savings account, as
ELEC v. Union County Democratic Committee
and Joseph C. Bodek
Page 4
described in the First Count above, and therefore they are each subject to imposition by the Commission of the
penalties prescribed by N.J.S.A. 19:44A-22 (L. 1973, c. 83, s. 22 as amended through L. 1993, c. 65, s. 13, as
adjusted pursuant to N.J.S.A. 19:44A-7.2) and N.J.A.C. 19:25-17.1 et seq., which penalties may not be more than
$3,500.00 for each reporting transaction that is not reported in the manner or not filed on the date established for
reporting by the Act or Commission Regulations.
SECOND COUNT
PROPOSED FINDINGS OF FACT:
1. The proposed Findings of Fact contained in the First Count of this Complaint are repeated and
incorporated herein as if set forth in full below.
2. The Respondent Committee and the Respondent Treasurer certified as correct and filed with the
Commission, on January 16, 1998, a fourth quarterly report (Form R-3) for calendar year 1997, as described in
paragraphs five and six of the First Count above, which reported on Schedule D, Itemized Monetary
Contributions Made to Candidates and Committees, contributions totaling $85,745.24 that were made to 1997
general election candidates or committees, and on Schedule E, Itemized Expenditures Made and Incurred on
Behalf of Candidates and Committees, expenditures totaling $83,161.18 that were made on behalf of 1997
general election candidates.
3. The Respondent Committee and the Respondent Treasurer were required, pursuant to N.J.S.A.
19:44A-8c and N.J.A.C. 19:25-9.3 (adopted at 27 N.J.R. 2010(a), effective May 15, 1995), to file with the
Commission a written notice within 48 hours of receipt of each contribution received by the Respondent
Committee after September 30, 1997 (the closing date of the third quarterly report for 1997) and on or before
November 4, 1997 (the date of the 1997 general election), which contribution standing alone, or when aggregated
with other contributions from the same contributor received after September 30, 1997 and on or before
November 4, 1997, was in excess of $600.00. The written notice was required to include the name and address
of the contributor, the contribution amount(s), the date(s) of receipt, and where the contributor is an individual,
the occupation of said individual contributor and the name and mailing address of said individual contributor's
employer.
4. The Respondent Committee and Respondent Treasurer failed to file with the Commission within 48
hours of receipt any written notice of receipt of any of the following six contributions, totaling $26,350.00,
received from six contributors, each contribution reported on the Respondents’ 1997 fourth quarterly report
described in paragraph two above, and each contribution, or aggregate contributions from a contributor, in excess
of $600.00 and received after September 30, 1997 and on or before November 4, 1997:
ELEC v. Union County Democratic Committee
and Joseph C. Bodek
Page 5
Contributor Name and Address
Date of Receipt
Contribution Amount
1.
Campaign ’97
90 Woodbridge Center
Woodbridge, NJ
10/16/97
$3,000
2.
Wilentz, Goldman, & Spitzer
90 Woodbridge Center
Woodbridge, NJ
10/20/97
$10,000
3.
United Gunite Construction, Inc.
102 Welland Avenue
Irvington, NJ
10/20/97
$1,000
4.
Campaign ’97
90 Woodbridge Center
Woodbridge, NJ
10/21/97
$1,600
5.
NJ State Laborers PAC
104 Interchange Plaza
Cranbury, NJ 08512
10/29/97
$10,000
6.
Bohrod & Bohrod
56 Ferry Street
Newark, NJ 07105
10/29/97
$750
PROPOSED CONCLUSIONS OF LAW:
WHEREFORE, the Respondent Committee and Respondent Treasurer violated N.J.S.A. 19:44A-8c
and N.J.AC. 19:25-9.3 by failing to file with the Commission within 48 hours of receipt any written notice of
receipt of six contributions, totaling $26,350.00, each contribution, or aggregate contributions from a contributor,
in excess of $600.00 and received after September 30, 1997 and on or before November 4, 1997, as described in
the Second Count above, and therefore the Respondent Committee and Respondent Treasurer are each subject to
imposition by the Commission of the penalties prescribed by N.J.S.A. 19:44A-22 (L. 1973, c. 3, s. 22 as amended
through L. 1993, c. 65, s. 13, as adjusted pursuant to N.J.S.A. 19:44A-7.2) and N.J.A.C. 19:25-17.1 et seq., which
penalties may not be more than $3,500.00 for each reporting transaction that is not reported in the manner or not
filed on the date established for reporting by the Act or Commission Regulations.
OPPORTUNITY FOR HEARING:
The Respondents and all parties shall have the opportunity to appear personally or by attorney at a
hearing and to present evidence and argument on all relevant issues. All parties shall have the opportunity to
examine and cross-examine witnesses. However, failure of the Respondents to file with the Commission a
written answer within twenty (20) days after service of this Complaint shall constitute a default and thereupon
the Commission may enter a Final Decision (including a penalty).
ELEC v. Union County Democratic Committee
and Joseph C. Bodek
Page 6
NEW JERSEY ELECTION LAW
ENFORCEMENT COMMISSION
BY: ________________________
GREGORY E. NAGY
Legal Director
DATE: April 18, 2000
Joseph C. Bodek, Treasurer
Union County Democratic Committee
311 W. Henry Street
Linden, N.J. 07036
CERTIFIED MAIL NO. P 181 297 443
RETURN RECEPT REQUESTED
Union County Democratic Committee
Charlotte DeFilippo, Chair
65 King Street
Hillside, N.J. 07205
CERTIFIED MAIL NO. P 181 297 444
RETURN RECEPT REQUESTED
_____________________________________________
NEW JERSEY ELECTION LAW
|
ENFORCEMENT COMMISSION,
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Complainant,
|
|
v.
|
|
|
NEW JERSEY ASSOCIATION OF
|
REALTORS®, a lobbyist organization
|
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Respondent.
|
_____________________________________________|
CONSENT ORDER AND
FINAL DECISION
C-644-98L
C-644-99L
The Election Law Enforcement Commission (hereafter, the Commission) having brought a
Complaint on August 31, 2001, against the New Jersey Association of REALTORS® (hereafter, the
Respondent), for the alleged failure to file a written annual report pursuant to the New Jersey Legislative
Activities Disclosure Act, N.J.S.A. 52:13C-18 – 36 (hereafter, the Act), relevant to the 1998 and 1999
calendar years;
And the Complaint issued by the Commission and described above being incorporated by
reference in this Consent Order and Final Decision;
And Respondent being represented in this matter by Christopher S. Porrino, Esq. of
Greenbaum, Rowe, Smith, Ravin, Davis & Himmel LLP, consenting on behalf of Respondent to the
Findings of Fact and Conclusions of Law in this Consent Order and Final Decision;
And Respondent representing that by entering its consent to this Final Decision it desires to
resolve this matter without further litigation and that the Respondent is neither admitting nor denying that
the allegations in the Complaint constitute violations of the Act;
And the Commission adopting the Proposed Findings of Fact and Proposed Conclusions of
Law in Count One and Count Two set forth herein as the Findings of Fact and Conclusions of Law in
its Final Decision in this case;
The Commission and Respondent therefore have agreed to resolve this matter, and the
Commission orders as follows: Respondent will pay the amount of EIGHT HUNDRED DOLLARS
($800.00), which payment has been received in full.
ELEC v. REALTORS®
C-644-98L and C-644-99L
Page 2
ELEC v. REALTORS®
C-644-98L and C-644-99L
Page 3
RESPONDENT’S CONSENT TO SETTLE:
On behalf of the Respondent the undersigned hereby consents to the form and substance of the
findings of fact, conclusions of law, and payment set forth in this Consent Order, and therefore to the
entry of this Consent Order as the Final Decision in this case. However, should the Commission decline
to adopt and execute this Consent Order, the Respondent retains its right to a hearing before the Office
of Administrative Law and to a refund of Respondent’s payment in the total amount of $800.00.
DATED: ___11/27/01______________
BY: ____/s/______________________
Mary Kathryn Roberts, Esq.
Attorney for Respondent
CONSENT OF COMMISSION'S PROSECUTION STAFF:
The undersigned hereby consents to the submission of this Consent Order to the Commission
for the Commission's Final Decision consideration. In the event that the Commission does not adopt
and execute this Consent Order as its Final Decision, I hereby acknowledge that the Respondent retains
its right to a hearing before the Office of Administrative Law, and Respondent’s payment of the total
amount of $800.00 will be refunded.
ELECTION LAW ENFORCEMENT COMMISSION
DATED: _______12/10/01__________
BY: __________/s/________________________
Carol L. Hoekje, Esq.
COMMISSION'S CONSENT AND FINAL DECISION:
The New Jersey Election Law Enforcement Commission, by a vote of _3-0__, at its meeting
of ____December 19_____, 2001, consented to and adopted the findings of fact, conclusions of law,
and proscribed penalty set forth in this Consent Order as its Final Decision in this matter and
acknowledges receipt of payment to the full amount of the penalty in the amount of $800.00.
ELECTION LAW ENFORCEMENT COMMISSION
Date of Mailing: ____1/04/02________
BY: ________/s/__________________________
RALPH V. MARTIN
Chair
NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION
PO Box 185
Trenton, New Jersey 08625-0185
NEW JERSEY ELECTION LAW
ENFORCEMENT COMMISSION,
FINAL DECISION
FOR LATE FILING
Complainant,
v.
Claire Lazarowitz
candidate for Municipal Office
Westfield Township, Union County
residing at:
817 Tice Pl.
Westfield, NJ 07090
C-9 2020 06 01-G2000
Respondent.
PLEASE TAKE NOTICE that the New Jersey Election Law Enforcement Commission
(hereafter, the Commission) considered at its meeting of November 15, 2001, the Complaint for nonfiling of 2000 general election reports in the above-captioned case, issued pursuant to N.J.S.A. 19:44A1, et seq., which Complaint is hereby incorporated by reference in this Final Decision, and considered
the Respondent’s Affidavit and Waiver of Hearing submitted in response to the Complaint, and by a
vote of 4-0 the Commission adopted as its Final Decision the proposed Findings of Fact and
Conclusions of Law set forth in the Complaint, after modifying them to reflect that the 29-day
preelection, 11-day preelection and 20-day postelection Reports of Contributions and Expenditures
(Forms R-1) were filed on May 15, 2001 (217, 200 and 169 days late, respectively) reporting receipt of
contributions totaling $3,347.31 and expenditures totaling $2,177.73 relevant to the 2000 general
election.
PENALTY
THEREFORE, pursuant to N.J.S.A. 19:44A-22, as adjusted by N.J.S.A. 19:44A-7.2b(7), and
N.J.A.C. 19:25-17.3, the Commission hereby REPRIMANDS the Respondent Candidate and imposes a
penalty in the amount of $350.00 for late filing of Forms R-1. The Commission has received payment
of $350.00. No further payment is required.
NEW JERSEY ELECTION LAW
ENFORCEMENT COMMISSION
Date of Mailing: November 27, 2001
CERTIFIED MAIL NO. 7099 3400 0017 5510 1295
RETURN RECEIPT REQUESTED
AND FIRST CLASS MAIL
BY: _______________________________
RALPH V. MARTIN
Chair
NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION
P.O. BOX 185
Trenton, New Jersey 08625-0185
NEW JERSEY ELECTION LAW
ENFORCEMENT COMMISSION
NOTICE OF PROPOSED HEARING AND
COMPLAINT FOR FAILURE TO FILE
v.
CAMPAIGN REPORTS FOR THE
2000 GENERAL ELECTION
CLAIRE LAZAROWITZ
Candidate for Municipal Office,
Westfield Town, Union County
residing at: 817 Tice Pl
Westfield, NJ 07090
C - 9 2020 06 01-G2000
Respondent.
PLEASE TAKE NOTICE that the New Jersey Election Law Enforcement Commission (hereafter,
the Commission) hereby files a Complaint against the above-named person (hereafter, the Respondent) and
proposes to offer the Respondent an opportunity for a public hearing before the Office of Administrative
Law (OAL) to determine whether or not the Respondent had the responsibility under the terms of “The New
Jersey Campaign Contributions and Expenditures Reporting Act,” (N.J.S.A. 19:44A-1 to 47) (hereafter, the
Campaign Reporting Act) for certifying the correctness of and filing campaign reports and information
required to be filed pursuant to the Campaign Reporting Act, and to determine whether or not the
Respondent failed, neglected or omitted to certify or file any such report or information at the time and in
the manner described by law and is therefore subject to penalties provided by the Campaign Reporting Act.
The hearing will be conducted under the legal authority and jurisdiction conferred upon the Commission to
impose penalties for violations of the Campaign Reporting Act, specifically N.J.S.A. 19:44A-6b and 22.
The Commission by way of Complaint alleges:
Page 2
ELEC v. LAZAROWITZ
C - 9 2020 06 01-G2000
FIRST COUNT
PROPOSED FINDINGS OF FACT:
1. The Respondent, Claire Lazarowitz, sought election to Municipal Office, Westfield Town,
Union County, in the 2000 General Election conducted on November 7, 2000.
2. The Respondent, as of the date of this Complaint, has not certified as correct and filed with the
Commission a 29-day preelection report (Form R-1), or a Candidate–Sworn Statement (Form A-1) in lieu
of a Form R-1 report, or a Joint Candidates Committee-Sworn Statement (Form A-2) in lieu of a Form R-1
report, for the said 2000 General Election pursuant to the Campaign Reporting Act.
PROPOSED CONCLUSIONS OF LAW:
1. The Respondent was a “candidate,” as the term “candidate” is defined at N.J.S.A. 19:44A-3c, in
the 2000 General Election, and therefore was subject to the campaign reporting requirements of the
Campaign Reporting Act (N.J.S.A. 19:44A-1 to 47) and Commission Regulations (N.J.A.C. 19:25-1 to 19
and 21).
2. The Respondent was required, pursuant to N.J.S.A. 19:44A-16 (L. 1973, c. 83, s. 16, as
amended by L. 1993 c. 65, s. 9, adjusted pursuant to N.J.S.A. 19:44A-7.2) to certify as correct and file with
the Commission, a full cumulative Report of Contributions and Expenditures (Forms R-1) for the said 2000
General Election on the 29th day preceding the said election, that is on October 10, 2000, reporting
contributions received and expenditures made during the period of time beginning when the Respondent
first received a contribution in the 2000 general election or first made an expenditure in the 2000 general
election, whichever occurred first, and ending with the last transaction occurring on October 7, 2000 (that
is, the last transaction occurring on the 31st day preceding the 2000 general election).
3. The Respondent was required to report in the 29-day preelection report (Form R-1) all moneys,
loans, paid personal services, and other things of value, including contributions of goods and services (inkind contributions), contributed to the Respondent in the 2000 general election, including the names and
addresses of the contributors, dates of receipt, and contribution amounts, and where the contributor is an
individual, the occupation of said contributor and the name and address of said contributor’s employer, for
each contribution which, when aggregated with prior contributions received from the same contributor in
the 2000 general election, exceeded $300.00, pursuant to N.J.A.C. 19:25-10.2 (adopted at 28 N.J.R.
5193(b), operative January 1, 1997), and all expenditures made, incurred or authorized from the date the
Respondent first received a contribution or made an expenditure in the 2000 general election through
October 7, 2000.
4. In lieu of the full cumulative Report of Contributions and Expenditures (Form R-1), the
Respondent was required in the alternative by N.J.S.A. 19:44A-16d and N.J.A.C. 19:25-8.4 (adopted at 28
Page 3
ELEC v. LAZAROWITZ
C - 9 2020 06 01-G2000
N.J.R. 5193(b), operative January 1, 1997), to file with the Commission a Candidate–Sworn Statement
(Form A-1) or Joint Candidates Committee– Sworn Statement (Form A-2) on or before October 7, 2000,
the 29th day preceding the 2000 general election.
5. The Respondent violated and continues to violate, as of the date of this Complaint, N.J.S.A.
19:44A-16 by failing to certify as correct and file with the Commission a 29-day preelection report (Form
R-1), or a Candidate–Sworn Statement (Form A-1), or a Joint Candidates Committee–Sworn Statement
(Form A-2) in the 2000 general election as prescribed by the Campaign Reporting Act and Commission
regulations.
6. The Respondent is subject to imposition by the Commission of the penalties prescribed by
N.J.S.A. 19:44A-22 (L. 1973, c. 83, s. 22, as amended through L. 1993, c. 65, s. 13, as adjusted pursuant to
N.J.S.A. 19:44A-7.2b) and N.J.A.C. 19:25-17.1 et seq. (N.J.A.C. 19:25-17.3 as adopted at 28 N.J.R.
5193(b), operative January 1, 1997) for failing to file the 29-day preelection report, the Form A-1, or the
Form A-2 in the 2000 general election, which penalties may not be more than $3,500.00 for each reporting
transaction that is not reported in the manner or not filed on the date established for reporting by the
Campaign Reporting Act or Commission Regulations. The Commission may consider imposition of lesser
penalties on the First Count if the Respondent certifies and files a 29-day preelection report (Form R-1) or a
Sworn Statement (Form A-1 or A-2) in response to this Complaint.
SECOND COUNT
PROPOSED FINDINGS OF FACT:
1. The proposed Findings of Fact contained in the First Count of this Complaint are repeated and
incorporated herein as if set forth in full below.
2. The Respondent, as of the date of this Complaint, has not certified as correct and filed with the
Commission an 11-day preelection report (Form R-1) for the said 2000 General Election pursuant to the
Campaign Reporting Act.
PROPOSED CONCLUSIONS OF LAW:
1. The proposed Conclusions of Law contained in the First Count of this Complaint are repeated
and incorporated herein as if set forth in full below.
2. The Respondent was required, pursuant to N.J.S.A. 19:44A-16 to certify as correct and file with
the Commission, a full cumulative Report of Contributions and Expenditures (Forms R-1) for the said 2000
General Election on the 11th day preceding the said election, that is on October 27, 2000, reporting
contributions received and expenditures made during the period of time beginning on October 8, 2000 (48
hours preceding the date the 29-day preelection report was due for filing), and ending with the last
Page 4
ELEC v. LAZAROWITZ
C - 9 2020 06 01-G2000
transaction occurring on October 24, 2000 (that is, the last transaction occurring on the 13th day preceding
the 2000 general election).
3. The Respondent was required to report in the 11-day preelection report (Form R-1) all moneys,
loans, paid personal services, and other things of value, including contributions of goods and services (inkind contributions), contributed to the Respondent in the 2000 general election, including the names and
addresses of the contributors, dates of receipt, and contribution amounts, and where the contributor is an
individual, the occupation of said contributor and the name and address of said contributor’s employer, for
each contribution which, when aggregated with prior contributions received from the same contributor in
the 2000 general election, exceeded $300.00, pursuant to N.J.A.C. 19:25-10.2, and all expenditures made,
incurred or authorized during the period of time from October 8, 2000 through October 24, 2000.
4. The Respondent violated and continues to violate, as of the date of this Complaint, N.J.S.A.
19:44A-16 by failing to certify as correct and file with the Commission an 11-day preelection report (Form
R-1) in the 2000 general election as prescribed by the Campaign Reporting Act and Commission
regulations.
5. The Respondent is subject to imposition by the Commission of the penalties prescribed by
N.J.S.A. 19:44A-22 and N.J.A.C. 19:25-17.1 et seq., for failing to file the 11-day preelection report in the
2000 general election, which penalties may not be more than $3,500.00 for each reporting transaction that is
not reported in the manner or not filed on the date established for reporting by the Campaign Reporting Act
or Commission Regulations. The Commission may consider imposition of lesser penalties on the Second
Count if the Respondent certifies and files an 11-day preelection report (Form R-1) in response to this
Complaint.
THIRD COUNT
PROPOSED FINDINGS OF FACT:
1. The proposed Findings of Fact contained in the First and Second Counts of this Complaint are
repeated and incorporated herein as if set forth in full below.
2. The Respondent, as of the date of this Complaint, has not certified as correct and filed with the
Commission a 20-day postelection report (Form R-1) for the said 2000 General Election and has not
certified that there is no remaining balance in any depository opened or maintained in the 2000 general
election, that there are no remaining 2000 general election outstanding obligations, and that the 2000
general election candidate committee has been dissolved and wound-up its business, pursuant to the
Campaign Reporting Act.
Page 5
ELEC v. LAZAROWITZ
C - 9 2020 06 01-G2000
3. The Respondent, as of the date of this Complaint, has not certified as correct and filed with the
Commission a quarterly report or final report (Form R-1) for the said 2000 General Election pursuant to the
Campaign Reporting Act.
PROPOSED CONCLUSIONS OF LAW:
1. The proposed Conclusions of Law contained in the First and Second Counts of this Complaint
are repeated and incorporated herein as if set forth in full below.
2. The Respondent was required, pursuant to N.J.S.A. 19:44A-16 to certify as correct and file with
the Commission, a full cumulative Report of Contributions and Expenditures (Forms R-1) for the said 2000
General Election on the 20th day preceding the said election, that is on November 27, 2000, reporting
contributions received and expenditures made during the period of time beginning on October 25, 2000 (48
hours preceding the date the 11-day preelection report was due for filing), and ending with the last
transaction occurring on November 24, 2000 (that is, the last transaction occurring on the 18th day following
the 2000 general election).
3. The Respondent was required to report in the 20-day postelection report (Form R-1) all
moneys, loans, paid personal services, and other things of value, including contributions of goods and
services (in-kind contributions), contributed to the Respondent in the 2000 general election, including the
names and addresses of the contributors, dates of receipt, and contribution amounts, and where the
contributor is an individual, the occupation of said contributor and the name and address of said
contributor’s employer, for each contribution which, when aggregated with prior contributions received
from the same contributor in the 2000 general election, exceeded $300.00, pursuant to N.J.A.C. 19:25-10.2,
and all expenditures made, incurred or authorized during the period of time from October 25, 2000 through
November 24, 2000.
4. The Respondent was required pursuant to N.J.S.A. 19:44A-16 to certify on the 20-day
postelection report, described in paragraph two above, that there is no remaining balance in any depository
opened or maintained in the 2000 general election, that there are no remaining 2000 general election
outstanding obligations, and that the 2000 general election candidate committee has been dissolved and
wound-up its business, or to continue to file quarterly reports thereafter until a final report is certified as
correct and filed with the Commission.
5. The Respondent violated and continues to violate, as of the date of this Complaint, N.J.S.A.
19:44A-16 by failing to certify as correct and file with the Commission a 20-day postelection report (Form
R-1) and a final report (Form R-1) in the 2000 general election as prescribed by the Campaign Reporting
Act and Commission regulations.
6. The Respondent is subject to imposition by the Commission of the penalties prescribed by
N.J.S.A. 19:44A-22 and N.J.A.C. 19:25-17.1 et seq., for failing to file the 20-day postelection report and a
Page 6
ELEC v. LAZAROWITZ
C - 9 2020 06 01-G2000
final report in the 2000 general election, which penalties may not be more than $3,500.00 for each reporting
transaction that is not reported in the manner or not filed on the date established for reporting by the
Campaign Reporting Act or Commission Regulations. The Commission may consider imposition of lesser
penalties on the Third Count if the Respondent certifies and files a 20-day postelection report and a final
report (Forms R-1) in response to this Complaint.
OPPORTUNITY FOR HEARING:
The Respondent and all parties shall have the opportunity to appear personally or by attorney at a
hearing and to present evidence and argument on all relevant issues. All parties shall have the opportunity
to examine and cross-examine witnesses. However, failure of the Respondent to file with the Commission
a written answer within twenty (20) days after service of this Complaint shall constitute a default pursuant
to N.J.A.C. 19:25-17.1 and thereupon the Commission may enter a Final Decision (including a penalty).
NEW JERSEY ELECTION LAW
ENFORCEMENT COMMISSION
BY: ________________________
GREGORY E. NAGY
Legal Director
DATE: April 6, 2001
CERTIFIED MAIL NO. 7099 3400 0017 5510 0694
RETURN RECEPT REQUESTED
NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION
PO Box 185
Trenton, New Jersey 08625-0185
NEW JERSEY ELECTION LAW
ENFORCEMENT COMMISSION,
FINAL DECISION
FOR LATE FILING
Complainant,
v.
CARL A. SALISBURY
candidate for Municipal Office
Westfield Town, Union County
residing at: 715 Hanford Pl
Westfield, New Jersey 07090
C-9 2020 09 01-P2000
Respondent.
PLEASE TAKE NOTICE that the New Jersey Election Law Enforcement Commission
(hereafter, the Commission) considered at its meeting of January 17, 2001, the Complaint in the
above-captioned case, issued pursuant to N.J.S.A. 19:44A-1, et seq., which Complaint is hereby
incorporated by reference in this Final Decision, and considered the Respondent’s Affidavit and
Waiver of Hearing submitted in response to the Complaint, and by a vote of 4-0 the Commission
adopted as its Final Decision the proposed Findings of Fact and Conclusions of Law set forth in
the Complaint after modifying them to reflect that a Candidate-Sworn Statement (Form A-1) was
filed on behalf of Respondent's 2000 primary election candidacy on June 6, 2000 (170 days late).
In assessing a penalty, the Commission relied upon the Respondent’s certification that no money
was spent on the Respondent’s 2000 primary election candidacy.
PENALTY
THEREFORE, pursuant to N.J.S.A. 19:44A-22, as adjusted by N.J.S.A. 19:44A-7.2b(7),
and N.J.A.C. 19:25-17.3, you are hereby reprimanded and fined the sum of $100.00. Payment of
$100.00 has been received by the Commission. No further payment is required.
NEW JERSEY ELECTION LAW
ENFORCEMENT COMMISSION
DATED: January 26, 2001
BY: ___________________________
RALPH V. MARTIN
Chair
NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION
P.O. BOX 185
Trenton, New Jersey 08625-0185
NEW JERSEY ELECTION LAW
ENFORCEMENT COMMISSION
NOTICE OF PROPOSED HEARING AND
COMPLAINT FOR FAILURE TO FILE
v.
CAMPAIGN REPORTS FOR THE
2000 PRIMARY ELECTION
CARL A SALISBURY
candidate for Municipal Office,
Westfield Town, Union County
residing at: 715 Hanford Pl
Westfield, NJ 07090
C - 9 2020 09 01 P2000
Respondent.
PLEASE TAKE NOTICE that the New Jersey Election Law Enforcement Commission (hereafter,
the Commission) hereby files a Complaint against the above-named candidate (hereafter, the Respondent
Candidate) and proposes to offer the Respondent Candidate an opportunity for a public hearing before the
Office of Administrative Law (OAL) to determine whether or not the Respondent Candidate had the
responsibility under the terms of “The New Jersey Campaign Contributions and Expenditures Reporting
Act,” (N.J.S.A. 19:44A-1 to 47) (hereafter, the Act) for certifying the correctness of and filing campaign
reports and information required to be filed pursuant to the Act, and to determine whether or not the
Respondent Candidate failed, neglected or omitted to certify or file any such report or information at the
time and in the manner described by law and is therefore subject to penalties provided by the Act. The
hearing will be conducted under the legal authority and jurisdiction conferred upon the Commission to
impose penalties for violations of the Act, specifically N.J.S.A. 19:44A-6b and 22.
The Commission by way of Complaint alleges:
FIRST COUNT
PROPOSED FINDINGS OF FACT:
1. The Respondent Candidate, Carl A Salisbury, was at all times relevant to this Complaint a
candidate for Municipal Office, Westfield Town, Union County, in the 2000 Primary Election conducted
Page 2
ELEC v. «LAST»
«COMPLAINT_ID»
on June 06, 2000 and therefore was subject to the campaign reporting requirements of the Act and
Commission Regulations (N.J.A.C. 19:25-1 to 19 and 21).
2. The Respondent Candidate was required pursuant to N.J.S.A. 19:44A-16 (L. 1973, c. 83, s. 16,
as amended by L. 1993 c. 65, s. 9), to certify as correct and file with the Commission, on May 8, 2000, a
full cumulative 29-day preelection report (Report of Contributions and Expenditures, Form R-1) for the
2000 primary election for the period of time beginning on the date the Respondent Candidate first received
a contribution or made an expenditure in the 2000 primary election and ending with the last transaction
occurring before midnight on May 5, 2000 (48 hours preceding the date the 29-day preelection report was
due for filing). The said 2000 primary election 29-day preelection report was required to report all moneys,
loans, paid personal services, and other things of value, including contributions of goods and services (inkind contributions), contributed to the Respondent Candidate’s 2000 primary election candidacy, including
the names and addresses of the contributors, dates of receipt, and contribution amounts, and where the
contributor is an individual, the occupation of said contributor and the name and address of said
contributor’s employer, for each contribution which, when aggregated with prior contributions received
from the same contributor in the 2000 primary election, exceeded $300.00, and all expenditures made,
incurred or authorized during that period of time, that is from the date the Respondent Candidate first
received a contribution or made an expenditure in the 2000 primary election through May 5, 2000.
3. The Respondent Candidate was required in the alternative by N.J.S.A. 19:44A-16d to file with
the Commission a Candidate – Sworn Statement (Form A-1) or Joint Candidates Committee – Sworn
Statement (Form A-2) in lieu of campaign reports on or before May 8, 2000, the 29th day preceding said
election.
4. The Respondent Candidate has failed as of the date of this Complaint to certify as correct and
file with the Commission for the said 2000 Primary Election a 29-day preelection report (Form R-1) or any
Candidate – Sworn Statement (Form A-1) or Joint Candidates Committee - Sworn Statement (Form A-2) as
required by N.J.S.A. 19:44A-16.
Page 3
ELEC v. «LAST»
«COMPLAINT_ID»
PROPOSED CONCLUSIONS OF LAW:
WHEREFORE, the Respondent Candidate in the 2000 Primary Election violated and continues to
violate, as of the date of this Complaint, N.J.S.A. 19:44A-16 by failing to certify as correct and file a 29-day
preelection report (Form R-1), a Candidate – Sworn Statement (Form A-1), or a Joint Candidates
Committee – Sworn Statement (Form A-2) as prescribed by the Act and described in the First Count above,
and therefore the Respondent Candidate is subject to imposition by the Commission of the penalties
prescribed by N.J.S.A. 19:44A-22 (L. 1973, c. 83, s. 22, as amended through L. 1993, c. 65, s. 13, as
adjusted pursuant to N.J.S.A. 19:44A-7.2b) and N.J.A.C. 19:25-17.1 et seq., which penalties may not be
more than $3,500.00 for each reporting transaction that is not reported in the manner or not filed on the date
established for reporting by the Act or Commission Regulations. The Commission may consider imposition
of lesser penalties on the First Count if the Respondent Candidate certifies and files a 29-day preelection
report (Form R-1) or a Sworn Statement (Form A-1 or A-2) in response to this Complaint.
SECOND COUNT
PROPOSED FINDINGS OF FACT:
1. The proposed Findings of Fact contained in the First Count of this Complaint are repeated and
incorporated herein as if set forth in full below.
2. The Respondent Candidate was required pursuant to N.J.S.A. 19:44A-16 (L. 1973, c. 83, s. 16,
as amended by L. 1993 c. 65, s. 9), to certify as correct and file with the Commission, on May 26, 2000, a
full cumulative 11-day preelection report (Report of Contributions and Expenditures, Form R-1) for the
period of time beginning on May 6, 2000 (48 hours preceding the date the 29-day preelection report was
due for filing) and ending with the last transaction occurring before midnight on May 23, 2000 (48 hours
preceding the date the 11-day preelection report was due for filing). The said 2000 primary election 11-day
preelection report was required to report all moneys, loans, paid personal services, and other things of
value, including contributions of goods and services (in-kind contributions), contributed to the Respondent
Candidate’s 2000 primary election candidacy, including the names and addresses of the contributors, dates
of receipt, and contribution amounts, and where the contributor is an individual, the occupation of said
contributor and the name and address of said contributor’s employer, for each contribution which, when
aggregated with prior contributions received from the same contributor in the 2000 primary election,
exceeded $300.00, and all expenditures made, incurred or authorized during that period of time (May 6,
2000 through May 23, 2000).
3. The Respondent Candidate has failed as of the date of this Complaint to certify as correct and
file with the Commission for the said 2000 primary election an 11-day preelection report (Form R-1) as
required by N.J.S.A. 19:44A-16.
Page 4
ELEC v. «LAST»
«COMPLAINT_ID»
PROPOSED CONCLUSIONS OF LAW:
WHEREFORE, the Respondent Candidate in the 2000 Primary Election violated and continues to
violate, as of the date of this Complaint, N.J.S.A. 19:44A-16 by failing to certify as correct and file an 11day preelection report (Form R-1) as prescribed by the Act and described in the Second Count above, and
therefore the Respondent Candidate is subject to imposition by the Commission of the penalties prescribed
by N.J.S.A. 19:44A-22 (L. 1973, c. 83, s. 22, as amended through L. 1993, c. 65, s. 13, as adjusted pursuant
to N.J.S.A. 19:44A-7.2b) and N.J.A.C. 19:25-17.1 et seq., which penalties may not be more than $3,500.00
for each reporting transaction that is not reported in the manner or not filed on the date established for
reporting by the Act or Commission Regulations. The Commission may consider imposition of lesser
penalties on the Second Count if the Respondent Candidate certifies and files an 11-day preelection report
(Form R-1) in response to this Complaint.
THIRD COUNT
PROPOSED FINDINGS OF FACT:
1. The proposed Findings of Fact contained in the First and Second Counts of this Complaint are
repeated and incorporated herein as if set forth in full below.
2. The Respondent Candidate was required pursuant to N.J.S.A. 19:44A-16 (L. 1973, c. 83, s. 16,
as amended by L. 1993 c. 65, s. 9), to certify as correct and file with the Commission, on June 26, 2000, a
full cumulative 20-day postelection report (Report of Contributions and Expenditures, Form R-1) for the
period of time beginning on May 24, 2000 (48 hours preceding the date the 11-day preelection report was
due for filing) and ending with the last transaction occurring before midnight on June 23, 2000 (48 hours
preceding the date the 20-day postelection report was due for filing). The said 2000 primary election 20day postelection report was required to report all moneys, loans, paid personal services, and other things of
value, including contributions of goods and services (in-kind contributions), contributed to the Respondent
Candidate’s 2000 primary election candidacy, including the names and addresses of the contributors, dates
of receipt, and contribution amounts, and where the contributor is an individual, the occupation of said
contributor and the name and address of said contributor’s employer, for each contribution which, when
aggregated with prior contributions received from the same contributor in the 2000 primary, exceeded
$300.00, and all expenditures made, incurred or authorized during that period of time (May 24, 2000
through June 23, 2000).
3. The Respondent Candidate was required pursuant to N.J.S.A. 19:44A-16 and N.J.A.C. 19:258.1, 8.3 and 8.7 to certify on the 20-day postelection report, described in paragraph two above, that there
is no remaining balance in any depository opened or maintained in the 2000 primary election, that there
Page 5
ELEC v. «LAST»
«COMPLAINT_ID»
are no remaining 2000 primary election outstanding obligations, and that the 2000 primary election
candidate committee has been dissolved and wound-up its business, or to continue to file quarterly reports
thereafter until a final report is certified as correct and filed with the Commission.
4. The Respondent Candidate has failed as of the date of this Complaint to certify as correct and
file with the Commission for the said 2000 primary election a 20-day postelection report (Form R-1) and
a final report as required by N.J.S.A. 19:44A-16.
PROPOSED CONCLUSIONS OF LAW:
WHEREFORE, the Respondent Candidate in the 2000 Primary Election violated and continues to
violate, as of the date of this Complaint, N.J.S.A. 19:44A-16 by failing to certify as correct and file a 20-day
postelection report (Form R-1) and a final report as prescribed by the Act and described in the Third Count
above, and therefore the Respondent Candidate is subject to imposition by the Commission of the penalties
prescribed by N.J.S.A. 19:44A-22 (L. 1973, c. 83, s. 22, as amended through L. 1993, c. 65, s. 13, as
adjusted pursuant to N.J.S.A. 19:44A-7.2b) and N.J.A.C. 19:25-17.1 et seq., which penalties may not be
more than $3,500.00 for each reporting transaction that is not reported in the manner or not filed on the date
established for reporting by the Act or Commission Regulations. The Commission may consider imposition
of lesser penalties on the Third Count if the Respondent Candidate certifies and files a 20-day postelection
report and a final report (Forms R-1) in response to this Complaint.
OPPORTUNITY FOR HEARING:
The Respondent Candidate and all parties shall have the opportunity to appear personally or by
attorney at a hearing and to present evidence and argument on all relevant issues. All parties shall have the
opportunity to examine and cross-examine witnesses. However, failure of the Respondent Candidate to file
with the Commission a written answer within twenty (20) days after service of this Complaint shall
constitute a default pursuant to N.J.A.C. 19:25-17.1 and thereupon the Commission may enter a Final
Decision (including a penalty).
NEW JERSEY ELECTION LAW
ENFORCEMENT COMMISSION
BY: ________________________
GREGORY E. NAGY
Legal Director
DATE: September 28, 2000
CERTIFIED MAIL NO. P 181 297 675
RETURN RECEPT REQUESTED
NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION
PO Box 185
Trenton, New Jersey 08625-0185
NEW JERSEY ELECTION LAW
ENFORCEMENT COMMISSION,
FINAL DECISION
FOR LATE FILING
Complainant,
v.
William B. Ziff
C-9 2020 10 01-G2000
candidate for Municipal Office
Westfield, Union County
residing at: 800 St. Marks Avenue
Westfield, NJ 07090
Respondent.
PLEASE TAKE NOTICE that the New Jersey Election Law Enforcement Commission
(hereafter, the Commission) considered at its meeting of December 19, 2001 the Complaint for
non-filing of 2000 general election reports in the above-captioned case, issued pursuant to
N.J.S.A. 19:44A-1, et seq., which Complaint is hereby incorporated by reference in this Final
Decision, and considered the Respondent’s Affidavit and Waiver of Hearing submitted in
response to the Complaint, and by a vote of 3-0 the Commission adopted as its Final Decision the
proposed Findings of Fact and Conclusions of Law set forth in the Complaint, after modifying
them to reflect that the Respondent filed a cumulative Report of Contributions and Expenditures
(Form R-1) for the 2000 general election on October 26, 2001 with the result that information
concerning contributions totaling $3,917.20 and expenditures totaling $3,917.20 was reported 381
days late.
PENALTY
THEREFORE, pursuant to N.J.S.A. 19:44A-22, as adjusted by N.J.S.A. 19:44A-7.2b(7),
and N.J.A.C. 19:25-17.3, the Commission hereby REPRIMANDS the Respondent Candidate and
imposes a penalty in the amount of $665.00 plus $16.00 in sheriff service fees for late filing of
Form R-1. Respondent submitted payment of $681.00. No further payment is required.
NEW JERSEY ELECTION LAW
ENFORCEMENT COMMISSION
Date of Mailing: January 4, 2002
CERTIFIED MAIL NO. 7099 3400 0017 5510 0953
RETURN RECEIPT REQUESTED
AND FIRST CLASS MAIL
BY: ____________________________
RALPH V. MARTIN
Chair
NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION
P.O. BOX 185
Trenton, New Jersey 08625-0185
NEW JERSEY ELECTION LAW
ENFORCEMENT COMMISSION
NOTICE OF PROPOSED HEARING AND
COMPLAINT FOR FAILURE TO FILE
v.
CAMPAIGN REPORTS FOR THE
2000 GENERAL ELECTION
WILLIAM B ZIFF
Candidate for Municipal Office,
Westfield Town, Union County
residing at: 800 St Marks Ave
Westfield, NJ 07090
C - 9 2020 10 01-G2000
Respondent.
PLEASE TAKE NOTICE that the New Jersey Election Law Enforcement Commission (hereafter,
the Commission) hereby files a Complaint against the above-named person (hereafter, the Respondent) and
proposes to offer the Respondent an opportunity for a public hearing before the Office of Administrative
Law (OAL) to determine whether or not the Respondent had the responsibility under the terms of “The New
Jersey Campaign Contributions and Expenditures Reporting Act,” (N.J.S.A. 19:44A-1 to 47) (hereafter, the
Campaign Reporting Act) for certifying the correctness of and filing campaign reports and information
required to be filed pursuant to the Campaign Reporting Act, and to determine whether or not the
Respondent failed, neglected or omitted to certify or file any such report or information at the time and in
the manner described by law and is therefore subject to penalties provided by the Campaign Reporting Act.
The hearing will be conducted under the legal authority and jurisdiction conferred upon the Commission to
impose penalties for violations of the Campaign Reporting Act, specifically N.J.S.A. 19:44A-6b and 22.
The Commission by way of Complaint alleges:
Page 2
ELEC v. ZIFF
C - 9 2020 10 01-G2000
FIRST COUNT
PROPOSED FINDINGS OF FACT:
1. The Respondent, William B Ziff, sought election to Municipal Office, Westfield Town, Union
County, in the 2000 General Election conducted on November 7, 2000.
2. The Respondent, as of the date of this Complaint, has not certified as correct and filed with the
Commission a 29-day preelection report (Form R-1), or a Candidate–Sworn Statement (Form A-1) in lieu
of a Form R-1 report, or a Joint Candidates Committee-Sworn Statement (Form A-2) in lieu of a Form R-1
report, for the said 2000 General Election pursuant to the Campaign Reporting Act.
PROPOSED CONCLUSIONS OF LAW:
1. The Respondent was a “candidate,” as the term “candidate” is defined at N.J.S.A. 19:44A-3c, in
the 2000 General Election, and therefore was subject to the campaign reporting requirements of the
Campaign Reporting Act (N.J.S.A. 19:44A-1 to 47) and Commission Regulations (N.J.A.C. 19:25-1 to 19
and 21).
2. The Respondent was required, pursuant to N.J.S.A. 19:44A-16 (L. 1973, c. 83, s. 16, as
amended by L. 1993 c. 65, s. 9, adjusted pursuant to N.J.S.A. 19:44A-7.2) to certify as correct and file with
the Commission, a full cumulative Report of Contributions and Expenditures (Forms R-1) for the said 2000
General Election on the 29th day preceding the said election, that is on October 10, 2000, reporting
contributions received and expenditures made during the period of time beginning when the Respondent
first received a contribution in the 2000 general election or first made an expenditure in the 2000 general
election, whichever occurred first, and ending with the last transaction occurring on October 7, 2000 (that
is, the last transaction occurring on the 31st day preceding the 2000 general election).
3. The Respondent was required to report in the 29-day preelection report (Form R-1) all moneys,
loans, paid personal services, and other things of value, including contributions of goods and services (inkind contributions), contributed to the Respondent in the 2000 general election, including the names and
addresses of the contributors, dates of receipt, and contribution amounts, and where the contributor is an
individual, the occupation of said contributor and the name and address of said contributor’s employer, for
each contribution which, when aggregated with prior contributions received from the same contributor in
the 2000 general election, exceeded $300.00, pursuant to N.J.A.C. 19:25-10.2 (adopted at 28 N.J.R.
5193(b), operative January 1, 1997), and all expenditures made, incurred or authorized from the date the
Respondent first received a contribution or made an expenditure in the 2000 general election through
October 7, 2000.
4. In lieu of the full cumulative Report of Contributions and Expenditures (Form R-1), the
Respondent was required in the alternative by N.J.S.A. 19:44A-16d and N.J.A.C. 19:25-8.4 (adopted at 28
Page 3
ELEC v. ZIFF
C - 9 2020 10 01-G2000
N.J.R. 5193(b), operative January 1, 1997), to file with the Commission a Candidate–Sworn Statement
(Form A-1) or Joint Candidates Committee– Sworn Statement (Form A-2) on or before October 7, 2000,
the 29th day preceding the 2000 general election.
5. The Respondent violated and continues to violate, as of the date of this Complaint, N.J.S.A.
19:44A-16 by failing to certify as correct and file with the Commission a 29-day preelection report (Form
R-1), or a Candidate–Sworn Statement (Form A-1), or a Joint Candidates Committee–Sworn Statement
(Form A-2) in the 2000 general election as prescribed by the Campaign Reporting Act and Commission
regulations.
6. The Respondent is subject to imposition by the Commission of the penalties prescribed by
N.J.S.A. 19:44A-22 (L. 1973, c. 83, s. 22, as amended through L. 1993, c. 65, s. 13, as adjusted pursuant to
N.J.S.A. 19:44A-7.2b) and N.J.A.C. 19:25-17.1 et seq. (N.J.A.C. 19:25-17.3 as adopted at 28 N.J.R.
5193(b), operative January 1, 1997) for failing to file the 29-day preelection report, the Form A-1, or the
Form A-2 in the 2000 general election, which penalties may not be more than $3,500.00 for each reporting
transaction that is not reported in the manner or not filed on the date established for reporting by the
Campaign Reporting Act or Commission Regulations. The Commission may consider imposition of lesser
penalties on the First Count if the Respondent certifies and files a 29-day preelection report (Form R-1) or a
Sworn Statement (Form A-1 or A-2) in response to this Complaint.
SECOND COUNT
PROPOSED FINDINGS OF FACT:
1. The proposed Findings of Fact contained in the First Count of this Complaint are repeated and
incorporated herein as if set forth in full below.
2. The Respondent, as of the date of this Complaint, has not certified as correct and filed with the
Commission an 11-day preelection report (Form R-1) for the said 2000 General Election pursuant to the
Campaign Reporting Act.
PROPOSED CONCLUSIONS OF LAW:
1. The proposed Conclusions of Law contained in the First Count of this Complaint are repeated
and incorporated herein as if set forth in full below.
2. The Respondent was required, pursuant to N.J.S.A. 19:44A-16 to certify as correct and file with
the Commission, a full cumulative Report of Contributions and Expenditures (Forms R-1) for the said 2000
General Election on the 11th day preceding the said election, that is on October 27, 2000, reporting
contributions received and expenditures made during the period of time beginning on October 8, 2000 (48
hours preceding the date the 29-day preelection report was due for filing), and ending with the last
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transaction occurring on October 24, 2000 (that is, the last transaction occurring on the 13th day preceding
the 2000 general election).
3. The Respondent was required to report in the 11-day preelection report (Form R-1) all moneys,
loans, paid personal services, and other things of value, including contributions of goods and services (inkind contributions), contributed to the Respondent in the 2000 general election, including the names and
addresses of the contributors, dates of receipt, and contribution amounts, and where the contributor is an
individual, the occupation of said contributor and the name and address of said contributor’s employer, for
each contribution which, when aggregated with prior contributions received from the same contributor in
the 2000 general election, exceeded $300.00, pursuant to N.J.A.C. 19:25-10.2, and all expenditures made,
incurred or authorized during the period of time from October 8, 2000 through October 24, 2000.
4. The Respondent violated and continues to violate, as of the date of this Complaint, N.J.S.A.
19:44A-16 by failing to certify as correct and file with the Commission an 11-day preelection report (Form
R-1) in the 2000 general election as prescribed by the Campaign Reporting Act and Commission
regulations.
5. The Respondent is subject to imposition by the Commission of the penalties prescribed by
N.J.S.A. 19:44A-22 and N.J.A.C. 19:25-17.1 et seq., for failing to file the 11-day preelection report in the
2000 general election, which penalties may not be more than $3,500.00 for each reporting transaction that is
not reported in the manner or not filed on the date established for reporting by the Campaign Reporting Act
or Commission Regulations. The Commission may consider imposition of lesser penalties on the Second
Count if the Respondent certifies and files an 11-day preelection report (Form R-1) in response to this
Complaint.
THIRD COUNT
PROPOSED FINDINGS OF FACT:
1. The proposed Findings of Fact contained in the First and Second Counts of this Complaint are
repeated and incorporated herein as if set forth in full below.
2. The Respondent, as of the date of this Complaint, has not certified as correct and filed with the
Commission a 20-day postelection report (Form R-1) for the said 2000 General Election and has not
certified that there is no remaining balance in any depository opened or maintained in the 2000 general
election, that there are no remaining 2000 general election outstanding obligations, and that the 2000
general election candidate committee has been dissolved and wound-up its business, pursuant to the
Campaign Reporting Act.
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3. The Respondent, as of the date of this Complaint, has not certified as correct and filed with the
Commission a quarterly report or final report (Form R-1) for the said 2000 General Election pursuant to the
Campaign Reporting Act.
PROPOSED CONCLUSIONS OF LAW:
1. The proposed Conclusions of Law contained in the First and Second Counts of this Complaint
are repeated and incorporated herein as if set forth in full below.
2. The Respondent was required, pursuant to N.J.S.A. 19:44A-16 to certify as correct and file with
the Commission, a full cumulative Report of Contributions and Expenditures (Forms R-1) for the said 2000
General Election on the 20th day preceding the said election, that is on November 27, 2000, reporting
contributions received and expenditures made during the period of time beginning on October 25, 2000 (48
hours preceding the date the 11-day preelection report was due for filing), and ending with the last
transaction occurring on November 24, 2000 (that is, the last transaction occurring on the 18th day following
the 2000 general election).
3. The Respondent was required to report in the 20-day postelection report (Form R-1) all
moneys, loans, paid personal services, and other things of value, including contributions of goods and
services (in-kind contributions), contributed to the Respondent in the 2000 general election, including the
names and addresses of the contributors, dates of receipt, and contribution amounts, and where the
contributor is an individual, the occupation of said contributor and the name and address of said
contributor’s employer, for each contribution which, when aggregated with prior contributions received
from the same contributor in the 2000 general election, exceeded $300.00, pursuant to N.J.A.C. 19:25-10.2,
and all expenditures made, incurred or authorized during the period of time from October 25, 2000 through
November 24, 2000.
4. The Respondent was required pursuant to N.J.S.A. 19:44A-16 to certify on the 20-day
postelection report, described in paragraph two above, that there is no remaining balance in any depository
opened or maintained in the 2000 general election, that there are no remaining 2000 general election
outstanding obligations, and that the 2000 general election candidate committee has been dissolved and
wound-up its business, or to continue to file quarterly reports thereafter until a final report is certified as
correct and filed with the Commission.
5. The Respondent violated and continues to violate, as of the date of this Complaint, N.J.S.A.
19:44A-16 by failing to certify as correct and file with the Commission a 20-day postelection report (Form
R-1) and a final report (Form R-1) in the 2000 general election as prescribed by the Campaign Reporting
Act and Commission regulations.
6. The Respondent is subject to imposition by the Commission of the penalties prescribed by
N.J.S.A. 19:44A-22 and N.J.A.C. 19:25-17.1 et seq., for failing to file the 20-day postelection report and a
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final report in the 2000 general election, which penalties may not be more than $3,500.00 for each reporting
transaction that is not reported in the manner or not filed on the date established for reporting by the
Campaign Reporting Act or Commission Regulations. The Commission may consider imposition of lesser
penalties on the Third Count if the Respondent certifies and files a 20-day postelection report and a final
report (Forms R-1) in response to this Complaint.
OPPORTUNITY FOR HEARING:
The Respondent and all parties shall have the opportunity to appear personally or by attorney at a
hearing and to present evidence and argument on all relevant issues. All parties shall have the opportunity
to examine and cross-examine witnesses. However, failure of the Respondent to file with the Commission
a written answer within twenty (20) days after service of this Complaint shall constitute a default pursuant
to N.J.A.C. 19:25-17.1 and thereupon the Commission may enter a Final Decision (including a penalty).
NEW JERSEY ELECTION LAW
ENFORCEMENT COMMISSION
BY: ________________________
GREGORY E. NAGY
Legal Director
DATE: April 6, 2001
CERTIFIED MAIL NO. 7099 3400 0017 5510 0687
RETURN RECEPT REQUESTED
NEW JERSEY ELECTION LAW ENFORCEMENT COMMISSION
PO Box 185
Trenton, New Jersey 08625-0185
NEW JERSEY ELECTION LAW
ENFORCEMENT COMMISSION,
FINAL DECISION
FOR LATE FILING
Complainant,
v.
JOHN J. WALSH,
candidate for Municipal Office,
Westfield, Union County
Residing at:
614 Boulevard
Westfield, NJ 07090
C-9 2020 08 01-98(G)
Respondent.
PLEASE TAKE NOTICE that the New Jersey Election Law Enforcement Commission
(hereafter, the Commission) considered at its meeting of September 19, 2000 the Complaint in the
above-captioned case, issued pursuant to N.J.S.A. 19:44A-1, et seq., which Complaint is hereby
incorporated by reference in this Final Decision, and considered the Respondent’s Affidavit and Waiver
of Hearing submitted in response to the Complaint, and by a vote of 4-0 the Commission adopted as its
Final Decision the proposed Findings of Fact and Conclusions of Law set forth in the Complaint after
modifying them to reflect that a cumulative Form R-1 was filed on June 18, 2000, containing
information required to be reported on the 29-day and 11-day preelection reports, and the 20-day post
election report. The information required to be reported on the 29-day and 11-day preelection and the
20-day postelection reports was 256, 238, and 227 days late, respectively. In assessing a penalty for the
late 29-day and 11-day preelection, and 20-day post election report information, the Commission has
extended mitigation because spending reported by the Respondent on the 29, 11, and 20-day report
periods did not exceed $2,400.00, and the Respondent was eligible to file Form A-1 for those report
periods. Further, in assessing a penalty, the Commission has considered the Respondent a previous
violator of the Act; see C-9 2020 06 01-96(G), $150.00 paid.
PENALTY
THEREFORE, pursuant to N.J.S.A. 19:44A-22, as adjusted by N.J.S.A. 19:44A-7.2b(7), and
N.J.A.C. 19:25-17.3, you are hereby reprimanded and fined the sum of $200.00 for late 29 and 11-day
preelection report information and late 20-day postelection report information, plus $100 as a previous
violation surcharge, plus $32.00 in sheriff service fees. The penalty of $200.00 for the late 29, 11, and
20-day report information will be reduced to $150.00, the previous violation surcharge of $100.00 will
be reduced to $75, plus $32.00 in sheriff service fees, on the condition that payment totaling $257.00 is
received within 20 days of issuance of this Final Decision.
PAYMENT
Payment may be made by check or money order payable to “Treasurer, State of New Jersey,”
and should be submitted to:
New Jersey Election Law Enforcement Commission
PO Box 185
Trenton, New Jersey 08625-0185
Final Decision
ELEC v. WALSH
Page 2 of 2
To insure proper credit, write the Final Decision number in the above heading on your check or
money order.
NEW JERSEY ELECTION LAW
ENFORCEMENT COMMISSION
DATED: September 29, 2000
BY: _______________________________
RALPH V. MARTIN
Chair