As used in this chapter, the following terms shall have the meanings
indicated:
CANDIDATE
Any individual seeking election to a public office of the federal,
state, county or municipal government, or school district or political party,
and any individual who shall have been elected or failed of election to any
such office.
MUNICIPAL OFFICIAL, EMPLOYEE AND APPOINTEE
Any person holding elective municipal office or holding an appointed
position in the municipal government, or in any agency, commission, board
or office thereof, whether the position is full time or part time, compensated
or uncompensated; and any employee of municipal government or of any municipal
agency, commission, board or office thereof, whether the position is full
time or part time.
MUNICIPALITY
The government of the municipality, including any officer, department,
board, commission, or agency, thereof.
POLITICAL CONTRIBUTION
Any loans and transfers of money or other things of value to any
candidate, elected official, or representative of any political organization,
or other commitments or assumptions of liability to make any such transfer.
Political contributions shall be deemed to have been made upon the date when
such commitment is made or liability assumed.
POLITICAL ORGANIZATION
Any two or more persons acting jointly, or any corporation, partnership
or other incorporated or unincorporated association which is organized to,
or does, aid or promote the nomination, election or defeat of any candidate
or candidates for federal, state, county, municipal or school board office
or political party office. "Political organization" includes, but is not limited
to, organizations defined in N.J.S.A. 19:44A-3 as a political committee, joint
candidates committee, continuing political committee, political party committee,
candidate committee, or legislative leadership committee.
PUBLIC PROPERTY
All personal property owned, leased or controlled by the municipal
government, including but not limited to vehicles, phones, fax machines, computers,
stationery including municipal letterhead, postage and other office equipment.
SOLICIT
To ask for, by oral or written communication, a contribution as that
term is defined herein.
No municipal official, employee or appointee may solicit, commit to
pay, or receive payment of or a commitment to pay any political contribution
for any candidate, elected official or political organization while in any
room or building occupied in the discharge of official municipal business.
This subsection shall include solicitation or acceptance of political contributions
made over a private cell phone or by use of a private computer, if the person
soliciting or accepting the political contribution, or using the cell phone
or computer for purposes of soliciting or accepting the political contribution,
is in any room or building occupied in the discharge of official municipal
business.
No municipal official, employee, or appointee may solicit, commit to
pay, or receive payment of or a commitment to pay any political contribution
for any candidate, elected official or political organization, while utilizing
public property.
In the event public facilities are made available to any group for nongovernmental
use, as a meeting facility, this prohibition shall not be deemed to prevent
fund-raising of any sort among members of such groups during the time such
groups have reserved exclusive use of the meeting facility.
Violation of any provision of this chapter shall be punished by a period
of community service not exceeding 90 days or imprisonment in the county jail
for a term not exceeding 90 days or a fine not exceeding $1,000.