ELEC Issues Complaints against Four of the ‘Big Six’ Political Committees
Seven municipal candidates and one county freeholder must pay fines and fees totaling
$3,083.36 for violating the Campaign Contributions and Expenditures Reporting Act (Campaign
Act), the New Jersey Election Law Enforcement Commission (ELEC) announced today. These
enforcement actions, known as final decisions, were approved by the Commission at its December
20, 2022, meeting.
In addition, on December 14, 2022, ELEC issued complaints against four of the “Big Six” political party committees and their treasurers for non-compliance by each entity with the Campaign Act in the 2017 quarterly reports. They too could face fines.
The New Jersey Election Law Enforcement Commission (Commission) filed a Complaint against Democratic Assembly Campaign Committee (Respondent Committee) and Nicholas J. Rivelli (Respondent Treasurer) and offered respondents the opportunity for a hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., to determine whether Respondents failed to comply with the New Jersey Campaign Contributions and Expenditures Reporting Act, N.J.S.A. 19:44A-1 et seq. (Campaign Act), and N.J.A.C. 19:25-1 et seq. (Commission Regulations), and whether penalties provided by the Campaign Act should be imposed.
The Commission by way of Complaint alleges:
COUNT ONE
PROPOSED FINDINGS OF FACT:
1. Respondent Committee is a legislative leadership committee in New Jersey.
2. On February 10, 2014, Respondent Committee filed an amendment to its Legislative
Leadership Committee–Registration Statement and Designation of Organizational
Depository (Form D-5). The Form D-5 designated the organizational depository account,
“Democratic Assembly Campaign Comm” (depository account) and Respondent Rivelli as
the organizational treasurer. The Form D-5 was certified by Respondent Rivelli.
3. On April 17, 2017, Respondents filed a certified Receipts and Expenditures Quarterly Report
(Form R-3) as a 2017 first quarter report (2017-Q1 report), reporting contributions received
and expenditures made from January 1, 2017 through March 31, 2017 (2017-Q1 reporting
period). Respondent Rivelli certified the Form R-3.
4. On the 2017-Q1 report, Respondents report an expenditure of $1,470.20 with a purpose of
“reimbursed expenses.”
The New Jersey Election Law Enforcement Commission (Commission) in addition filed a complaint against New Jersey Democratic State Committee (Respondent Committee), Kelly Stewart Maer (Respondent Maer) and Peter Nichols (Respondent Nichols), and offers Respondents the opportunity for a hearing pursuant to the Administrative Procedure Act (N.J.S.A. 52:14B-1 et seq.), to determine whether Respondents failed to comply with the New Jersey Campaign Contributions and Expenditures Reporting Act, N.J.S.A. 19:44A-1 et seq. (Campaign Act) and N.J.A.C. 19:25-1 et seq. (Commission Regulations), and whether penalties provided should be imposed.
COUNT ONE
PROPOSED FINDINGS OF FACT:
1. Respondent Committee is a state political party committee in New Jersey.
2. On July 10, 2017, Respondent Committee filed a Political Party Committee – Designation of
Organizational Treasurer and Depository form (Form D-3). The Form D-3 was certified by
Respondent Maer and Respondent Nichols, who were designated Treasurer and Deputy
Treasurer, respectively.
3. Respondent Committee, Respondent Maer and Respondent Nichols will be referred to
collectively as Respondents.
4. On January 16, 2018, Respondents filed a certified Receipts and Expenditures Quarterly
Report (Form R-3) as a 2017 fourth quarter report (2017-Q4 report), reporting contributions
received and expenditures made during the time period from October 1, 2017 through
December 31, 2017 (2017-Q4 reporting period). Respondent Nichols certified the 2017-Q4
report.
5. Respondents report receiving contributions on the 2017-Q4 report as follows:
a. $500.00 on November 5, 2017;
b. $1,200.00 on October 2, 2017;
c. $500.00 on October 24, 2017;
d. $500.00 on October 24, 2017;
e. $2,500.00 on October 2, 2017;
f. $10,000.00 on October 2, 2017;
g. $15,000.00 on December 12, 2017;
h. $5,000.00 on October 2, 2017;
and
i. $25,000.00 on October 10, 2017.
6. Respondents did not report complete contributor information for the contributions referenced
in paragraphs 5(a) through (d).
7. Upon information and belief, the contributions referenced in paragraphs 5(e) through (i) were
received by checks or debits drawn on the accounts of limited liability companies (LLCs).
Respondents have not reported the contributing member or members of the contributions.
8. Respondents report receiving a $10,000.00 contribution on October 10, 2017.10
Upon information and belief, Respondents did not report the correct contributor and corresponding contributor information for this contribution.
In addition, tthe New Jersey Election Law Enforcement Commission (Commission) filed a Complaint against New Jersey Republican State Committee (Respondent Committee), James Foerst (Respondent Foerst), April Bengivenga (Respondent Bengivenga), and Theresa Mondella (Respondent Mondella), and offered respondents the opportunity for a hearing pursuant to the Administrative Procedure Act N.J.S.A. 52:14B-1 et seq., to determine whether Respondents failed to comply with the New Jersey Campaign Contributions and Expenditures Reporting Act, N.J.S.A. 19:44A-1 et seq. (Campaign Act) and N.J.A.C. 19:25-1 et seq. (Commission Regulations), and whether penalties provided by the Campaign Act should be imposed.
The Commission by way of Complaint alleges:
COUNT ONE
PROPOSED FINDINGS OF FACT:
1. Respondent Committee is a state political party committee.
2. On October 11, 2016, Respondent Committee filed a Political Party Committee – Designation
of Organizational Treasurer and Depository form (Form D-3) designating Respondent Foerst
as the Organizational Treasurer, and designating Theresa Mondella as the Deputy
Organizational Treasurer for the period from July 1, 2016 through June 30, 2017. Respondents
Foerst and Mondella certified the Form D-3.
3. In Count One “Respondents” means Respondent Committee, Respondent Foerst and
Respondent Mondella.
4. On April 17, 2017, Respondents filed a certified Receipts and Expenditures Quarterly Report
(Form R-3) as a 2017 first quarter report (2017-Q1 report), reporting contributions received
and expenditures made from January 1, 2017 through March 31, 2017 (2017-Q1 reporting
period). Respondent Mondella certified the 2017-Q1 report.
5. On the 2017-Q1 report, Respondents reported the following transactions:
a. $5,000.00 contribution received on March 7, 2017. The contributor’s
address was not reported; and
b. $84.93 expenditure made on March 2, 2017. Respondents reported
“reimbursement” for the purpose.
In addition, the New Jersey Election Law Enforcement Commission (Commission) filed a Complaint against New Jersey Senate Democratic Majority (Respondent Committee) and Rachel Holland (Respondent Holland) (collectively, Respondents) and offered respondents the opportunity for a hearing pursuant to the Administrative Procedure Act (N.J.S.A. 52:14B-1 et seq.), to determine whether Respondents failed to comply with the New Jersey Campaign Contributions and Expenditures Reporting Act, N.J.S.A. 19:44A-1 et seq. (Campaign Act) and N.J.A.C. 19:25-1 et seq. (Commission Regulations), and whether penalties provided should be imposed.
The Commission by way of Complaint alleges:
COUNT ONE
PROPOSED FINDINGS OF FACT:
1. Respondent Committee is a legislative leadership committee in New Jersey.
2. On April 30, 2015, Respondent Committee filed a Legislative Leadership Committee –
Registration Statement and Designation of Organizational Depository form (Form D-5). The
Form D-5 designated Respondent Holland as the organizational treasurer and was certified by
Respondent Holland.
3. On April 17, 2017, Respondents filed a Receipts and Expenditures Quarterly Report (Form
R-3) as a 2017 first quarter report (2017 Q1), reporting contributions received and expenditures
made during the time period from January 1, 2017 through March 31, 2017 (2017 Q1 reporting
period).
4. Respondents reported three contributions on the 2017 Q1 as follows:
a. $1000.00 received on January 29, 2017;
b. $2000.00 received on February 3, 2017;
and
c. $1500.00 received on February 20, 2017.
5. Respondents did not report the contributor’s occupation for the contribution referenced in
paragraph 4(a).
6. Upon information and belief, Respondents did not report the correct contributor or
corresponding information for the contribution referenced in paragraph 4(b).
7. Upon information and belief, the contribution referenced in paragraph 4(c) was received
by a check drawn on the account of a limited liability company (LLC). Respondents have not
reported the contributing member or members for that contribution.
8. Respondents reported making a $1750.00 expenditure on February 6, 2017.
Respondents did not report the complete payee address for this expenditure.
9. Respondents reported eleven expenditures made by credit card (credit card expenditures)
totaling $4597.36, reported on the 2017 Q1, Schedule C, page 2 of 3, as follows:
a. $145.81 on January 25, 2017;
b. $114.77 on January 25, 2017;
c. $118.44 on January 27, 2017;
d. $2827.40 on February 7, 2017;
e. $212.60 on February 9, 2017;
f. $141.49 on February 13, 2017;
g. $132.41 on February 17, 2017;
10. Respondents did not report the vendor address for the credit card expenditures referenced
in paragraph 9 (a) through (f) and (h) through (j), and did not report the purpose or vendor address for the credit card expenditures referenced at (g) and (k).
11. Respondents did not report three credit card expenditures totaling $401.55 that were made
during the 2017 Q1 reporting period.
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