Tuesday, July 29, 2008
More On Clean Elections 'Rescue Funds'
The New Jersey Lawyer also covered the story on the non-partisan Office of Legislative Services opinion that the rescue funds provision of New Jersey's proposed clean elections law is unconstitutional as per the holding of the United States Supreme Court in Davis.
The Constitutionality of Pay-To-Play Restrictions
Dennis Galvin, a member of the Legal Task Force of the 'Citizen's Campaign,' penned a column in this week's New Jersey Lawyer in response to critics of New Jersey's ever growing patchwork of local pay-to-play ordinances.
The column is seemingly in response to the assertion by plaintiffs in the recent Earle Asphalt appeal that New Jersey's pay-to-play laws are unconstitutional. Earle Asphalt, however, unsuccessfully challenged the constitutionality of the state-level contracting provision under P.L. 2005, c. 51 that prohibits contributions by state contractors to county political organizations, gubernatorial candidates and state political party committees, but not the constitutionality of local pay-to-play ordinances authorized by state law under P.L. 2005, c. 271.
While all the focus has been on the interesting constitutional questions surrounding such restrictions, there is seemingly a lack of focus on other arguments that don't seem to have been addressed in the Earle Asphalt appeal: (1) an equal protection argument relating to how the law been applied by the State Treasurer; and (2) whether federal transportation funds were included within the paving contract in question that would prohibit the application of the state pay-to-play law under the 2005 decision State of New Jersey v Mineta, Civil No. 05-228 (D.N.J. 2005), holding that Executive Order 134 (now codified at P.L. 2005, c.51) unduly restricts the potential bidding pool for federally funded state highway projects in violation of 23 U.S.C. §112.
Additionally, some local pay-to-play ordinances have recently been held unconstitutional. In Monroe Township in Middlesex County, for example, a trial court held that the Township's pay-to-play ordinance was unconstitutional on a number of grounds in that it was not narrowly-tailored under a strict scrutiny analysis.
The column is seemingly in response to the assertion by plaintiffs in the recent Earle Asphalt appeal that New Jersey's pay-to-play laws are unconstitutional. Earle Asphalt, however, unsuccessfully challenged the constitutionality of the state-level contracting provision under P.L. 2005, c. 51 that prohibits contributions by state contractors to county political organizations, gubernatorial candidates and state political party committees, but not the constitutionality of local pay-to-play ordinances authorized by state law under P.L. 2005, c. 271.
While all the focus has been on the interesting constitutional questions surrounding such restrictions, there is seemingly a lack of focus on other arguments that don't seem to have been addressed in the Earle Asphalt appeal: (1) an equal protection argument relating to how the law been applied by the State Treasurer; and (2) whether federal transportation funds were included within the paving contract in question that would prohibit the application of the state pay-to-play law under the 2005 decision State of New Jersey v Mineta, Civil No. 05-228 (D.N.J. 2005), holding that Executive Order 134 (now codified at P.L. 2005, c.51) unduly restricts the potential bidding pool for federally funded state highway projects in violation of 23 U.S.C. §112.
Additionally, some local pay-to-play ordinances have recently been held unconstitutional. In Monroe Township in Middlesex County, for example, a trial court held that the Township's pay-to-play ordinance was unconstitutional on a number of grounds in that it was not narrowly-tailored under a strict scrutiny analysis.
Ocean County Clerk Takes Issue With Voter Registration Service
The Asbury Park Press reports that Ocean County Clerk Carl Block is upset about a website (http://www.iwanttovote.com/), which is charging people to complete voter registration forms electronically for a fee of $9.95 while voters can, of course, register for free. According to the article, the website acknowledges that voter registration is free, but that it is providing a service similar to tax preparation services to ensure voters are properly registered. I wonder how many more businesses such as this will surface during this presidential election year, which is likely to garner high voter turnout and include many new voters.
Thursday, July 24, 2008
OLS: Clean Elections 'Rescue Funds' Unconstitutional
In a letter opinion, New Jersey's non-partisan Office of Legislative Services determined that the rescue funds provision of the State's proposed Clean Elections legislation (A100) is unconstitutional based on the U.S. Supreme Court's Davis decision holding, in part, that the federal Millionaire's Amendment is unconstitutional.
The rescue funds provision was previously part of the New Jersey clean elections legislation and regulations, and was utilized, without legal challenge, in the 14th Legislative District in 2007.
The Asbury Park Press reported that Assembly Speaker Joseph J. Roberts Jr., D-Camden, plans to reconvene a bipartisan group of lawmakers in August to try to salvage the proposal that was passed by the Assembly State Government Affairs Committee earlier this year.
The rescue funds provision was previously part of the New Jersey clean elections legislation and regulations, and was utilized, without legal challenge, in the 14th Legislative District in 2007.
The Asbury Park Press reported that Assembly Speaker Joseph J. Roberts Jr., D-Camden, plans to reconvene a bipartisan group of lawmakers in August to try to salvage the proposal that was passed by the Assembly State Government Affairs Committee earlier this year.
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