What does it apply to?
New Jersey amended its existing political advertising laws to incorporate online political advertising. (N.J. Stat. § 19:44A-22.3(e) (New Jersey Legislature, New Jersey General and Permanent Statutes Unannotated through PL 2019, ch. 270 and J.R.22)). The law applies to “communication[s].” (§ 19:44A-22.3). Under New Jersey law, the term communication is defined to include “Internet and digital advertising.” (§ 19:44A-22.3(e)).
What are the disclaimer requirements?
Internet and digital advertisements paid for by a person, “candidate committee, joint candidates committee, political committee, continuing political committee, independent expenditure committee, political party committee or legislative leadership committee or any group other than” one of those committees must meet certain disclaimer requirements. (§§ 19:44A-22.3(a)-(b)).
If the advertisement supports or opposes a candidate, or provides political information about a candidate, the ad must state the name and address of the person or group that paid for the ad. (§ 19:44A-22.3(a)).
If the advertisement supports or opposes a public question, or provides political information about a public question, the ad must state the name and address of the person or group that paid for the ad. (§ 19:44A-22.3(b)).
Additional requirements apply to internet and digital advertisements made by independent expenditure committees or made without coordination with a candidate or a person acting on a candidate’s behalf. (§ 19:44A-22.3(b)-(c)).
All advertisements made by an independent expenditure committee or by anyone not coordinating with a candidate or person acting on a candidate’s behalf must state that the ad was not requested or approved by any candidate. (§ 19:44A-22.3(c)).
Independent expenditure committees purchasing advertisements that support or oppose proposed legislation or regulations must also state the name and address of the independent expenditure committee. (§ 19:44A-22.3(b)).
What responsibilities do platforms have?
Parties that accept compensation for placing an internet or digital advertisement from a person, committee, or group must keep certain records about the purchase and require that the purchaser file a statement of registration with the Election Law Enforcement Commission. (§ 19:44A-22.3(d)). These records include the name and address of the ad’s purchaser, a copy of the ad, and either the “number of copies made” of the ad or the “dates and times the [ad] was broadcast or otherwise transmitted”. (§ 19:44A-22.3(d)).
Have platforms placed any restrictions on ads from this state?
Currently, Google will not accept ads about ballot measures or state or local candidates in New Jersey. Visit our platform policies page for more information about platform policies related to political advertising.
Definitions for New Jersey:
In the context of online political advertising, a communication is any “internet or digital advertising” that is “directed to the electorate.” (§ 19:44A-22.3(e)).
In the context of online political advertising, political information includes statements that express “the opinion of the members of the organization” making the statement or contain “facts on any . . . candidate, or public question whether or not such facts are within the personal knowledge of members of the organization.” (§ 19:44A-3(h)).
Electioneering communications are communications, including internet or digital advertisements, made during an election year that support or oppose a clearly identified candidate or public question. (§ 19:44A-3(u)). A communication does not need to expressly advocate for a vote for or against a candidate or public question to be an electioneering communication in New Jersey. (§ 19:44A-3(u)).
An independent expenditure committee is a group that raises or spends at least $3,000 (1) to influence the outcome of an election involving a candidate, public question, legislation, or regulation without coordinating with a candidate or political party, or (2) to provide political information about a candidate, public question, legislation, or regulation without coordinating with a candidate or political party. (§ 19:44A-3(t)).
A legislative leadership committee is a type of committee that receives contributions and makes expenditures. (§ 19:44A-3(s)).