ELEC Extends Non-Profit Pay-to-Play Filing Deadline to Jan. 15, 2008

Grants Legislative Request to Allow Time to Consider Bill to Exempt Non-Profits

(Updated 11/29/07)

The Election Law Enforcement Commission, in an emergency meeting on Thursday, November 29, 2007, voted unanimously to extend the Pay to Play disclosure deadline for non-profits to Jan 15, 2008 (from the previous November 30, 2007 deadline). Despite an October 19, 2007, Attorney General opinion which stated that the pay-to-play laws could be interpreted to exclude non-profits, ELEC voted in October to retain non-profits within the scope of the disclosure requirements. The January 15th extension was granted in response to a request from Leon Sokol, Counsel to the New Jersey Senate, to extend the deadline while the Legislature considers legislation in December to exclude non-profits from the scope of the statute. Legislation is being drafted but has not yet been formally introduced.

COMMENTS/NEXT STEPS: The latest extension comes as a welcome development, but getting legislation enacted will require a lot of work. Despite the legitimate arguments for excluding non-profits (particularly 501(c)(3) organizations) from the pay-to-play disclosure requirements, in today's climate ANY attempt to adjust the law risks being misinterpreted as creating a loophole. A strong push from charities will be essential in order to present a compelling case for why an exclusion is appropriate and necessary. The Center is developing a sign-on letter which we will be circulating along with suggestions for additional action in the very near future. We hope that you will take an active role in our efforts to relieve non-profits of the needlessly duplicative and burdensome requirements imposed by pay-to-play disclosure.

More information will be issued as it becomes available. Watch your e-mail and our Web site for updates.

NOTE TO ORGANIZATIONS THAT HAVE ALREADY COMPLETED THE ONLINE FILING:
If your non-profit has already completed the ELEC online filing and would like to rescind the filing so that your information will not be made public on the ELEC web site, you may submit a written request to ELEC to have your "Business Entity" information withdrawn. Your request should be addressed to ELEC's "Special Programs" office and may be faxed to: 609-292-4238 or mailed to "Special Programs, Election Law Enforcement Commission, P.O. Box 185, Trenton, New Jersey, 08625-0185." In the letter, you must indicate the exact name of the organization that filed the report and state: "I am a nonprofit entity and I do not wish to have my 'Business Entity' Form disclosed." You will still want to retain your records, as well as an electronic copy of the Form BE that you originally filed; if you withdraw your filing, you will need to REFILE this information if efforts to permanently exclude non-profits from the disclosure requirements prove unsuccessful. (Our thanks to the NJ Hospital Association for this information.)

Complying with the Filing Requirements
Unless additional government action is taken, the pay-to-play regulations remain in effect for non-profits with the new filing deadline of January 15, 2008.

The ELEC "Business Entity Disclosure Statement" can be downloaded from the ELEC Web site at https://wwwnet1.state.nj.us/lpd/elec/ptp/p2p.html .

Feel free to pass this message along to your colleagues.

NJ Government Pay to Play Web Sites

NJ Department of Community Affairs - County and Local Pay to Play Information: http://www.nj.gov/dca/lgs/p2p/

NJ Department of Treasury - State Pay to Play Information: http://www.state.nj.us/treasury/purchase/execorder134.htm

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