What good are campaign contribution limits anyway?

Good Monday morning!

The Election Law Enforcement Commission late on Friday formalized the opinion it had settled on a week earlier: It would take no action to seek to kick far-right radio host and gubernatorial candidate Bill Spadea off his four-hour daily drive time show.

ELEC is in a tough spot. If it comes to the conclusion that Spadea’s campaign and NJ 101.5 parent company Townsquare Media are violating campaign contribution limits with millions and millions of dollars’ worth of air time, Spadea will come back at them with a First Amendment challenge. And the way courts have ruled recently, he’d have a good case.

But if Spadea can have the help of a conservative radio network putting his voice on the public airwaves for 20 hours each week — air time the company charges up to $500 a minute for Spadea’s rivals to advertise on — what’s to stop Ciattarelli supporters from spending millions to put Ciattarelli’s name, face or voice out there?

Nothing, says Ciattarelli attorney Mark Sheridan. “Basically ELEC has abdicated their role as regulator until Jan. 1. If they’re going to do that, we’re going to take full advantage of it just like other candidates can,” Sheridan told me.

Sheridan thinks the agency opened a “Pandora’s Box.” He’s not offering specifics as to what the Ciattarelli campaign will do. And while Ciattarelli has had years to develop his fundraising network, it’s hard to imagine he could raise enough to compete with what Townsquare Media is giving Spadea.

This is just the latest instance of the erosion of campaign finance laws. On paper, there’s a $5,800 per election limit on campaign contributions to gubernatorial candidates. And if they take public finances, as most do, there’s a spending cap. But effectively, is there really any limit at all? It’s already been eroded by super PACs and 501(c)4s. Now, Sheridan’s position is that the Ciattarelli campaign can coordinate with multi-million dollar expenditures until January 2025.

I wonder if NJ 101.5 applies to ELEC to host a gubernatorial debate next year after spending so many resources to push its own employee’s candidacy, the brief disclaimers aired on his show notwithstanding.

TIPS? FEEDBACK? Email me at [email protected].

HAPPY BIRTHDAY: Brian Bergen, Mo Butler, Naomi Nix, Michael Boonin

QUOTE OF THE DAY: “What they have done is nothing short of legislative child abuse and neglect.” — Toms River schools Superintendent Mike Citta, announcing that the school board is suing the state over aid cuts.

WHERE’S MURPHY? — In New York City at 10:30 a.m. to speak at the “Hudson Tunnel Project Milestone” announcement

MENENDEZ CORRUPTION TRIAL


DEAR ABBE — “How a last-ditch effort to save Menendez from prosecution backfired,” by The New York Times’ Benjamin Weiser: “Last September, a prominent white-collar defense lawyer met with federal prosecutors in Manhattan in a last-ditch effort to stave off an indictment against his client. The client was Senator Robert Menendez of New Jersey, one of Congress’s most powerful members and the subject of a corruption investigation by the U.S. attorney’s office for the Southern District of New York. In the meeting, the lawyer, Abbe D. Lowell, used a PowerPoint presentation to convey explanations for certain financial payments that were under scrutiny by the government. It was a moment of great risk and potential peril for Mr. Menendez — and the effort failed. Less than two weeks later, prosecutors announced an indictment charging the senator and his wife, Nadine Menendez, with conspiring to accept thousands of dollars in bribes in exchange for political favors. The government later added counts of obstructing justice, saying the senator, among other things, ‘caused’ his lawyer to meet with prosecutors and to make false and misleading statements in an effort to cover up the scheme.”

THE ENDEZ IS NIGH — “Verdict imminent in Menendez case,” by InsiderNJ’s Fred Snowflack: “A verdict in the Bob Menendez trial should come soon, but don’t forget this: The U.S. Supreme Court these days seems to like corrupt public officials. Naturally, this will only be an issue if the senator is found guilty and an appeal process begins. It was eight years ago when the court threw out the corruption conviction of Robert McDonnell, the former governor of Virginia … That opinion remains a head-scratcher. But one last month was much more straightforward in reflecting the court’s view. Lost in the flurry of late term decisions about presidential immunity, social media and abortion was a seemingly minor case out of Indiana — Snyder vs. the United States. We said, Indiana, but this one is made for New Jersey. James Snyder was mayor of Portage, Indiana, and under his watch, the town bought five garbage trucks for $1.1 million. A short time later, the company gave Mayor Snyder a check for $13,000. One supposes the only distinction here is that in New Jersey, the $13,000 would have been in a paper bag.”

—“Bob Menendez says he didn’t testify because prosecution failed to prove its bribery case against him”

WHAT TRENTON MADE


FLYING ON DELTA — “Kids are getting high, sick from hemp products sold at convenience stores. N.J. tries to stop it,” by NJ Advance Media’s Jelani Gibson: “Michael Gillespie recalled how frantic he was looking for his 14-year-old son, who had gotten lost in the woods after buying an intoxicating hemp product from a convenience store. ‘It was 21 degrees and it took us 11 and a half hours to find him,’ said Gillespie, of Washington Township, his hands shaking and his feet tapping into the Statehouse carpet after a Senate vote at the end of June. ‘When we found him, he was blue.’ Gillespie’s story, along with the work of a coalition of parents, mayors, law enforcement and cannabis businesses, prompted both houses of the state Legislature to pass a bill, S-3235, designed to take intoxicating hemp products off the shelves of convenience stores and gas stations that had gained a reputation for selling to minors … Lobbyists for the hemp industry, however, say the measure goes too far, may face court challenges, could hurt legitimate shops and put hemp farmers out of business.”

THOSE WHO WASTE CHINESE FOOD LEFTOVERS GUILTY OF WONTON DISREGARD — “Lawmakers look for new ways to handle unruly crowds, public brawls,” by New Jersey Monitor’s Sophie Nieto-Munoz: “Lawmakers have introduced a package of bills aiming to crack down on unruly gatherings — and even hit some parents of juvenile offenders with fines — after police say a community event in South Jersey devolved into chaos … When it hits home in Gloucester Township, then it was like, ‘OK, that’s enough. We got to do something about it,’ said Assemblyman Dan Hutchison … Hutchison is the chief sponsor of a bill that would create the crime of inciting a public brawl and allow for police to charge someone with disorderly conduct if they act ‘with purpose to disrupt or cause a disturbance at a public gathering or event.’ Inciting a public brawl would be a fourth-degree offense, carrying a fine of up to $10,000 and a potential 18-month prison sentence. The charge would be similar to participating in a riot. Under another bill Hutchison is sponsoring, parents and legal guardians could face fines or jail time if they were found to demonstrate ‘willful or wanton disregard’ for delinquent minors under their supervision.”

—“NJ Senate will reconvene to confirm state Supreme Court nominee John Jay Hoffman”

—“$10K in state budget allocated to ‘Brian Stack Internship Program’ — but not that Brian Stack”

—“Legislature in recess with judicial vacancies still higher than court officials want”

—GSI: “The NJ budget: More taxes, less transparency and why we will all pay more in 2025”

—Building Trades: “Why does New Jersey need the Turnpike Extension? Let’s count the ways”

—“N.J. Public Defender names first-ever police accountability director”

CARTOON BREAK — ”The time has come to ban the blowers”

BIDEN TIME


4 MORE TEARS — 4 more senior Dems call on Biden to stand down from reelection bid, by POLITICO’s Daniella Diaz, Anthony Adragna and Nicholas Wu: Several more senior House Democrats called on President Joe Biden to abandon his reelection bid during a private call convened by Minority Leader Hakeem Jeffries on Sunday afternoon, according to several people participating. Among those forcefully calling for Biden to stand down during the nearly two-hour call were Rep. Jerry Nadler (D-N.Y.), Rep. Adam Smith (D-Wash.), Mark Takano (D-Calif.) and Joe Morelle (D-N.Y.), according to two people familiar with the private session. Other members on the call voiced concerns about Biden’s path to November, including Reps. Jim Himes (Conn.), Zoe Lofgren (Calif.), Don Beyer (Va.) and Rick Larsen (Wash.). It’s a poor omen for the Biden campaign as the entire Democratic elected apparatus prepares to return to Washington on Monday evening where lawmakers will face tough questioning about their party’s standard-bearer.

LOCAL


OBUCH WILD — “N.J. judge accused of getting drunk at holiday party, touching court employees — and embraced an adult film actress at erotica convention,” by New Jersey Globe’s David Wildstein: “New Jersey judge is facing disciplinary charges for allegedly getting drunk at a holiday party for judges last December and then inappropriately touching three female court staffers and making sexually suggestive remarks. Elizabeth Municipal Court Judge Richard Obuch is also accused of engaging with adult entertainment figures on social media and inappropriately commenting on their photos. The court’s Advisory Committee on Judicial Conduct (ACJC) alleges in their complaint that ‘during the three hours that he remained at the party, consumed two Old Fashioneds, Sangria, and five or more shots of tequila and vodka’ … Some of Obuch’s behavior … including kissing the women without their consent, appeared to be ‘captured on camera’ after he ‘invited himself into photos with the women in a photo booth.’ The complaint details a moment where Obuch allegedly approached one of the court employees ‘on the dance floor while inappropriately dancing and gyrating towards her.’”

NOT DOWN WITH OVPTR — “Newark mayor’s anti-crime group interfering with police officers, union says,” by NJ Advance Medai’s Anthony G. Attrino: “A union representing Newark police officers has asked New Jersey officials to investigate one of Mayor Ras Baraka’s anti-crime initiatives, claiming members of the group have repeatedly interfered with police at crime scenes. The Newark Office of Violence Prevention Trauma Recovery was formed four years ago to address quality of life issues, but has instead clashed with police on the street, according to Det. Jeffrey Weber. Weber is president of the police department’s Fraternal Order of Police Lodge No. 12 … In response to the statement, Newark Mayor Ras J. Baraka said he ‘disagreed with the overall sentiment’ of the union letter and pointed to successes he says the OVPTR has had over the years … On June 25, an adult OVPTR member was involved in a shooting near the Newark Police Academy and several other of their members ‘purposely obstructed law enforcement personnel’ as they attempted to arrest the suspect, the statement said.”

ALGORITHM AND BLUES — “Looking for a fight: Tenants, union and Jersey City are taking on rent-hiking algorithm RealPage’,” by The Jersey Journal’s Teri West: “Landlords may be able to camouflage the use of an algorithm, but only so much and only for so long. There were indications that something was afoot when standard tenant attempts to negotiate rent increases at Jersey City’s Portside Towers complex were shut down in a hurry. Instead of a cordial conversation resulting in a compromise, tenants would immediately reach an impasse with the leasing office, being told the matter was entirely out of the leasing representative’s control or even ‘we have to think about the investors.’ These were all scenarios Portside Towers tenant Kevin Weller heard about as he began discussing his more than $1,500 monthly rent increase with his neighbors. Then the investigative newsroom ProPublica published an in-depth analysis of an algorithm — via the company RealPage — more and more landlords were utilizing, bringing about rent hikes much higher than buildings would have otherwise dared to levy. ‘I said, “Oh yeah. That’s what’s happening here,”’ Weller recalled. And now as rent prices skyrocket in Hudson County, tenants, a local union, and local elected officials are looking to take on RealPage directly.”

—“North Bergen homeowners facing nearly 10% municipal tax hike”

R.I.P. — “[Englewood] school principal killed in crash with son while visiting family in South Africa”

—“Another possible challenge of N.J. sore loser law in Dover”

—“[Fort Lee] high school teacher resigns after controversial Israel-Hamas lesson backlash”

—“As HIV diagnoses trend up within Latino community, Hudson County seeks to meet need”

—“Fire at [Newark] elementary school contained without injuries, officials say”

—“As sea levels rise, Philly and Camden are at risk of being inundated with raw sewage, study finds”

—“Wayne has an issue with pop-up parties. Can funding for extra patrols stop them?”

EVERYTHING ELSE


BURN ON THE FOURTH OF JULY — ”Fireworks on July Fourth caused the Pinelands fire, officials said,” by The Philadelphia Inquirer’s Michelle Myers: “Fireworks are the culprit behind the Tea Time Hill Wildfire that has consumed about 4,000 acres of Wharton State Forest in Burlington County since Friday, the New Jersey Forest Fire Service said Sunday. An investigation has determined that a fireworks device lit inside the Pinelands late Thursday ignited the fire, which was first reported shortly after 9 a.m. Friday, the fire service announced. The fire spread steadily over the weekend. Early Friday, the fire Service had reported 100 acres involved by fire near the Batona Trail. Hours later, the flames had consumed 1,200 acres, increasing to 4,000 Saturday as fire service crews fought to control them. By Sunday afternoon, the fire service reported the fire 75% under control.”

UNDER THE SEA — “Scientists know rising seas will one day swallow this Jersey Shore climate research center,” by The Philadelphia Inquirer’s Frank Kummer: “The only way to visit Ken Able’s office is to traverse Great Bay Boulevard, a narrow, five-mile long road in Tuckerton that crosses a network of brackish tidal marshes via a series of wood bridges … Able’s office at the Rutgers University Marine Field Station lies at the end of the very tip of the boulevard, linked by a long boardwalk at the very edge of New Jersey. Flooding has become more common. ‘We’re losing our marshes, and that’s very obvious,’ said Able, 79, a Rutgers professor emeritus and marine scientist who retired as the station’s director in 2019 but continues conducting research. ‘We’ve lost 140 feet at the edge of the marsh channel, and it’s getting closer to the station all the time.’ Able has a distinctive vantage point along the eastern United States to measure and experience climate change firsthand: The Atlantic Ocean is slowly swallowing the peninsula on which the station rests.”


AN ADVENTURE $73 MILLION IN THE MAKING — “Here’s when the N.J. dinosaur fossil park and museum will open,” by Bill Duhart for NJ.com: “The opening of a $73 million dinosaur fossil park and museum has been rescheduled for fall. Officials at the Edelman Fossil Park & Museum of Rowan University were hoping for an opening last month, according to the benefactor and school alumnus who has contributed more than a third of the cost for the 65-acre facility in Mantua, Gloucester County … One of the museum’s planned exhibits include a recreated Dryptosaurus, the first discovered tyrannosaur, which was found a mile from the fossil park site in 1866, and a 53-foot mosasaur, like one discovered at the fossil park site. The park is on the site of a former industrial sand pit.”

— “Mind the gap! The Hudson River Waterfront Walkway still has a few detours left”