Will S-1500 force Sen. Singleton to resign from his job?

New Jersey Democrats are in the process of making a pig’s breakfast of efforts to reform the use of “dark money” to influence elections, as well as the operations and processes of government.  Legislation proposed by Senator Troy Singleton (D-07) seeks to require “disclosure by independent expenditure committees; raises certain campaign contribution limits; repeals ban on certain intraparty fund transfers.”  The Bill is S-1500.

We strongly support full disclosure and are great fans of groups like Common Cause and RepresentUS, which campaign for transparency and honest government.  That said, along with open government comes the need to enforce laws against those vigilantes who use the data from such to harass and harm those who chose to financially support a political candidate or committee. 

The United States Supreme Court has ruled that making a political contribution to a candidate of your choice is a form of free speech – protected by the First Amendment in the Bill of Rights.  Disclosure should not be a means by which thugs can target the homes, families, and employment of individuals who exercise that right.  From the NAACP seeking to protect its donors from southern KKK groups to Christian groups seeking the same protection from wealthy LGBT activists, disclosure will soon lose its popular support if it becomes a means to vengeance or violence. 

Particularly as some Democrats are seeking to recruit and politicize the actual criminal class (including violent criminals), S-1500 should include tough sanctions to protect the free expression of political choice.  And this is just as important for Democrat Party primaries as it is for General Elections, if you get our drift… so don’t cut your own nuts off just to spite someone else.

S-1500 amends existing law to increase campaign contribution limits, but neglects to address the glaring deficiencies in the rules enforced by the New Jersey Election Law Enforcement Commission (NJELEC).  Take this portion of the bill as a for instance:

“No individual, other than an individual who is a candidate, no corporation of any kind organized and incorporated under the laws of this State or any other state or any country other than the United States, no labor organization of any kind which exists or is constituted for the purpose, in whole or in part, of collective bargaining, or of dealing with employers concerning the grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment, or any group shall: (1) pay or make any contribution of money or other thing of value to a candidate who has established only a candidate committee, his campaign treasurer, deputy campaign treasurer or candidate committee which in the aggregate exceeds [$2,600] $3,000 per election… No candidate who has established only a candidate committee, his campaign treasurer, deputy campaign treasurer or candidate committee shall knowingly accept from an individual, other than an individual who is a candidate, a corporation of any kind organized and incorporated under the laws of this State or any other state or any country other than the United States, a labor organization of any kind which exists or is constituted for the purpose, in whole or in part, of collective bargaining, or of dealing with employers concerning the grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment, or any group any contribution of money or other thing of value which in the aggregate exceeds [$2,600] $3,000 per election…”

Why is it a bigger deal for a labor union to contribute $3,001 to a candidate or incumbent, but no big deal to throw a six-figure job, benefits, and a pension at him?  Because that’s what is being done.

Let’s look at the case of Senator Troy Singleton as an example.  On his personal financial disclosure statement covering 2017 (the latest available), the Senator lists that he was paid in excess of $50,000 by the Northeast Regional Council of Carpenters.  This was the largest portion of his income.  His personal financial disclosure statements (2011-2016) all list the same source of income.  

And it’s not like Singleton was a union carpenter who worked his way up through the ranks and was rewarded by his brothers and sisters.  Singleton was a political operative a lieutenant in the regime of south Jersey political boss George Norcross.  Singleton worked for Norcross captain Joe Roberts, a Camden County Assemblyman who was made Speaker of that chamber.  His hiring was a straight political act.

So let’s get serious.  If you want to take out the corruption, dry up the money, stop ignoring the elephant in the room. 

But hey, if you are looking to put out press releases that congratulates yourself on some bullshit tweak that will go the same way as all the other bullshit tweaks… well, this is the kind of legislation that will accomplish that.  Just like old Joe Roberts’ “Clean Elections” b.s. of more than a decade ago.  Yep, old Joe was so committed to the people of New Jersey, that the moment he retired he got out of the crap hole he helped to create and moved to a low tax Red State.  Joe Roberts might be a hypocrite, but he was no fool.

The Democrat Party vendor blog, InsiderNJ, recently reported that Senate President Steve Sweeney (D-03) was in support of S-1500.  This is curious, given his own sources of income.  In an ethics case from 2013, documents from the United States Labor Department were entered into the record, stating the following:

“As Senate President, Steve Sweeney is paid $49,000 per year, plus an “allowance equal to 1/3 his compensation” ($16,333) for a total of $65,333.

Steve Sweeney is also an official with the Iron Workers union.  As a general organizer paid through the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers Union, AFL-CIO, Sweeney received a base salary of $165,264 in 2012.  In addition to his base salary, Sweeney also received compensation in the form of allowances and disbursements for expenses. His total compensation through the International in 2012 was $206,092.

In addition, Sweeney received allowances of $21,351 as President of Iron Workers District Council of Philadelphia and Vicinity. In 2012, Sweeney's total compensation through the Iron Workers was $227,443.

The Department of Labor requires public disclosure by labor unions of how union dues are spent.  These disclosures list union employees, their salaries and allowances.  The disclosure also includes the allocation of time by union officers and employees estimating the amount of time spent on various activities such as organizing or administration.  One of the purposes of this disclosure is to show how much the union has spent on its core activities: collective bargaining, contract administration, and grievance adjustment.  Non-members working in a union environment are obligated to pay dues, but only to support these core activities.

According to disclosure filings by the International, Sweeney spends a considerable amount of his time as a union official on activities described as ‘Political Activities and Lobbying.’ (LM-2, Schedule 12, Disbursements to Employees, Line I, Schedule 16)

What political activities did he engage in and on behalf of which candidates and causes? The explanation offered as part of the disclosure describes political activity as ‘to influence the selection, nomination, election, or appointment of anyone to a Federal, state, or local executive, legislative or judicial public office, or office in a political organization, or the election of Presidential or Vice Presidential electors, and support for or opposition to ballot referenda.’ (Instructions for Form LM-2 Labor Organization Annual Report, page 27)

Lobbying is described as ‘associated with dealing with the executive and legislative branches of the Federal, state, and local governments and with independent agencies and staffs to advance the passage or defeat of existing or potential laws or the promulgation or any other action with respect to rules or regulations (including litigation expenses).’ 

Senator Sweeney is not registered as a lobbyist with the United States Senate or House of Representatives.  He is not a registered lobbyist in Pennsylvania.  The union that pays Sweeney's salary does not use outside lobbyists.  Instead, it uses an employee as its primary lobbyist – registered with both the House and Senate.  It is interesting to note that the primary lobbyist in Washington allocates only 50% of his time to political activity and lobbying.

New Jersey state law does not appear to allow legislators to simultaneously serve as lobbyists. 

Questions concerning Senator Sweeney's political activity and lobbying for the Iron Workers union become a more serious matter when the amount of time allocated to these activities is noted.  Calculating the value of that allocation as a portion of Sweeney's compensation adds further emphasis. 

Sweeney spent 30% of his union effort in 2012 on political activity and lobbying.  In 2011 and 2010, the amount was 38%.  In 2009, the amount was 34%.  There is no indication of the actual amount of time Sweeney devoted to these activities, only the proportion of the whole.

Placing dollar amounts on Sweeney's activity helps put matters into an easily understandable form.  In 2012, Sweeney's gross pay was $165,264, and his total compensation was $227,443.  In simple terms, Sweeney was paid $49,579 of his gross, or $68,233 of his total compensation, to engage in political activity and lobbying for the union.  In 2011, Sweeney was paid $62,141 of his total compensation for political activity and lobbying.  In 2010, $58,377, and in 2009, $56,669.”

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In Senator Sweeney’s defense, it must be said that he started his career as a blue collar man.  Sweeney was an actual ironworker, served his apprenticeship and earned his way.  He wasn’t a fake like Troy Singleton.

As for the ethics complaint.  It was brought before the New Jersey State Legislature’s Joint Committee on Ethical Standards, that august body where ethics goes to die.  They duly heard the complaint, killed a few chickens, and closely examined the entrails… before the Norcross lieutenant who chaired the committee delivered a lecture to the complainant about daring to bring such affronts before them.  Don’t you know man, this is New Jersey!

And it’s not just these guys.  Most of the Democrats in the New Jersey Legislature are in hock to some machine, serving some master, living off pay checks courtesy of some regime.  Do they recuse themselves when presented with a conflict of self-interest?  Of course not!  That’s why they are there.  People like Senator Nick Sacco (with three public jobs and collecting a public pension) and Teresa Ruiz (two public jobs, with a third for her spouse) routinely vote on legislation that directly benefits the political machines that pay them.  That’s why they are there.

David Goodman, a spokesperson for Represent New Jersey, recently had this to say about political reform in New Jersey:  “Partisan Gerrymandering serves to strengthen the forces and effectiveness of dark money.  What it really amounts to is rigging elections—politicians prioritizing big donors to get elected, and then redrawing their districts to stay in office. They are picking their voters, instead of the other way around.”

He noted that just a month ago, Represent New Jersey alongside coalition partners, like the League of Women Voters of New Jersey, organized the fight against the partisan gerrymandering bills with action alerts, countless calls to legislators, impromptu hallway lobbying and in-person advocacy at the Statehouse in Trenton.  Facing massive grassroots pressure, the Senate President and Assembly Speaker pulled the amendment.  RepresentUs members showed that this movement is ready to fight against corruption by those in power—regardless of party affiliation.

Goodman says he is excited that the state Senate is holding hearings on S-1500, on January 17th.   He should temper that excitement with realism and know that they are playing him and RepresentUS.  And that’s okay, so long as he knows, and then uses that knowledge to turn it around… and play them.

The BCRO's strange fundraiser: Any rules broken?

We have written before about the GOP establishment's creep into conservative institutions like GOPAC.  Once this group was a vital source of grassroots activism.  Today, the establishment squats on it like it was a prime piece of property on a monopoly board.

gopac.png

Recently, GOPAC held an event, but it was it a GOPAC event?

How could Kim Guadagno and Congressman King be the guests at two different events held at the same place at essentially the same time?

Why is there no disclaimer on the BCRO invitation?  And what is the Bergen County Republican Finance Committee?  It isn't filed with the New Jersey Election Law Enforcement Commission (NJELEC)?  It doesn't appear to be associated with a Federal PAC. 

In promoting the event, the BCRO would later adjust the time to more precisely fit the GOPAC speakers event.  How could the speakers be in two events at the same time?

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Both these events were heavily promoted by the BCRO and GOPAC.  So whose event was it really?  Who got the money?  And to what account did the money go... federal or state?  How was the money used?  On behalf of which candidate?

Questions for the FEC or NJELEC?

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Be careful Peter Murphy. John McCann will get you in trouble.

And if you are Peter Murphy, you certainly don't need that again!

Candidate John McCann served as the right-hand-man to the Democrat Sheriff of Bergen County (according to the Bergen Record).  He's the guy who switched Bergen County from GOP red to Democrat blue.  In 2016, the Sheriff ran on a ticket headed by Democrats Hillary Clinton for President and Josh Gottheimer for Congress.  John McCann worked for him then, and continued to work for him until late last year, when he departed to run for Congress (after sending Saudino a love letter about how proud he was to have worked for the Democrat).

A case in point is John McCann's sneaky little way of getting contributions to Democrat candidates.  Take this example from Passaic County.

McCann's wife used her maiden name and her office address in New York City to slip $1,000.00 to a Democrat running in Wayne Township.  Here is a copy of the report, filed with the New Jersey Election Law Enforcement Commission (NJELEC):

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Why is Peter Murphy supporting someone who gives money to Democrats in his own county?  John McCann works for Democrats in Bergen County and donates to Democrats in Passaic County.  Why would any Republican with even a little self-respect have anything to do with him?

Is it because Peter is a kind of shaky guy himself?  Or maybe it's because there's a deal in the works -- one that would turn Congress over to Nancy Pelosi in the hope that the Democrats will allow the County GOP to keep a few patronage jobs over at the County Clerk's office.  Who knows?  With Peter Murphy, anything is possible.

Earlier this month (March 12, 2018) on NJTV, Passaic County Republican Chairman John Traier praised Democrat Congressman Gottheimer -- the liberal they claim they want to beat!  Traier is a placeholder for Peter Murphy, who was barred from holding the party chairmanship because of his conviction for public corruption.  Earlier this month, the Passaic GOP formally changed its rules to allow convicts to run the party organization.

Here's what Chairman Traier (Murphy's beard) had to say about the Democrat:

“Congressman Gottheimer is much more moderate than most Democrats,” said John Traier, chairman of the Passaic County Republican Committee.

“It’s very important for a congressman of either party to be sensitive to the needs of their district, and you’ve got to give them at least satisfactory grades for what’s he’s done and what he’s accomplished for Bergen, Passaic, Sussex and Warren counties.”

Wow.  What an arsehole! 

Expect to see that quote on Democrat Gottheimer's direct mail and cable ads this Fall.

And when you think back and recall how this same Passaic County GOP Chairman,  John Traier, attacked conservative Republican Congressman Scott Garrett in 2016 it has to make you wonder if there is such a thing as a Republican Party in Passaic County anymore.  Maybe the critics are right.  Maybe it is just the smaller, weaker wing of the same party -- the "green" party -- on the hunt for a nice wad of hot greasy cash.

 

Oroho got highest number of GOP votes in state

It was supposed to be the most watched race in the state.  NJ101.5's Bill Spadea and Save Jersey's Matt Rooney had Steve Oroho in their crosshairs.  Liberals like Democrat Senator Ray "Lord of Ass" Lesniak and Republican Jennifer Beck had lots of bad to say about him. 

The Koch Brothers and the petroleum lobby used their astro-turf group to engineer the now notorious screw card; that child of David "Wally Edge" Wildstein, the ObserverNJ, ran a hit piece by NJELEC's own James Comey, Jeff Brindle; an AFP operative had a state employee try to shake down a candidate; and DOT employees got in on the action, tearing down some political campaign signs while leaving those up of candidates they supported.  But at the polls, the wheels came off -- and they couldn't quite put the clown car back together again. 

On election day, June 6th, Senator Steve Oroho (LD24) got more votes than any Republican Senator or Senate candidate in New Jersey.  Senator Oroho picked-up 10,773 votes in the Republican primary -- the most votes won by any Senate Republican in the 40 legislative districts in New Jersey, according to the elections division of the Secretary of State's office.

The closest to Senator Oroho was Senator Mike Doherty (LD23) who got 10,742 and Senator Joe Pennacchio (LD26) with 10,357.  But unlike Senator Oroho, both had no opposition.

In comparison, Republican luminaries like Senate Republican Leader Tom Kean Jr. and NJ101.5's favorite, Senator Jennifer Beck, picked-up 7,678 and 5,081 votes, respectively.

LD01  6,269

LD02  5,879

LD03  4,133

LD04  3,697

LD05  2,524

LD06  3,985

LD07  5,794

LD08  6,541

LD09  9,221

LD10  8,856

LD11  5,081

LD12  4,263 (faced opposition)

LD13  5,939

LD14  3,475 (faced opposition)

LD15  2,228

LD16  8,364

LD17  2,060

LD18  2,560

LD19  1,834

LD20  678

LD21  7,678

LD22  2,306

LD23  10,742

LD24  10,773 (faced opposition)

LD25  8,740

LD26  10,357

LD27  4,609

LD28  (no GOP candidate)

LD29  498

LD30  8,434

LD31  663

LD32  913

LD33  907

LD34  1,029

LD35  978

LD36  1,861

LD37  1,052 (faced opposition)

LD38  4,094

LD39  6,132

LD40  7,698 (faced opposition)

Among Republican Assembly members, Parker Space got the most in the state, with 11,097 votes.  Space was bracketed with Hal Wirths, who picked-up 9,797 votes -- the fourth highest in the state.  Oroho, Space, and Wirths ran as a team.

Brindle op-ed "an October surprise" says Herald

Jeff Brindle, the executive director of the New Jersey Election Law Enforcement Commission, got his wish.  But we bet he didn't expect this line from Sunday's New Jersey Herald story on an opinion column he wrote for the Observer.  Writing about and in direct reference to Brindle's column, the Herald wrote:

"It's patently unfair that this Primary Election-style October Surprise landed just days before the election." 

That's it.  The executive director of the New Jersey Election Law Enforcement Commission (NJELEC) has now written a hit piece labeled an "October Surprise" by a major New Jersey newspaper.  How can this guy continue to do his job?

Brindle destroyed NJELEC's reputation.

Brindle waded into partisan political campaigns in two legislative districts when he posted a column on David Wildstein's old website, Observer.com (formerly PolitickerNJ.com, AKA PoliticsNJ.com) which was quickly picked-up by Wally Edge alumnus Matt Friedman over at Politico.

For the record, here is what Wally Edge wrote about Jeff Brindle at the time of his appointment:

Brindle was active in Republican politics before taking a post at ELEC. He worked as a political consultant in the 1970's, served as New Brunswick GOP Municipal Chairman, worked on the legislative staffs of State Sen. John Ewing and Assemblymen Walter Kavanaugh and Elliot Smith, and as Deputy Somerset County Clerk. He was the Republican candidate for State Assembly in the 17th district in 1977, but lost the general election to Democrats David Schwartz and Joseph Patero. He joined state government after Thomas Kean's election as Governor and was the Communications Director at the Department of Community Affairs from 1982 to 1985.

http://www.politickernj.com/wallye/30639/elec-picks-ex-gop-operative-executive-director

Old Wally knew his stuff.  By-the-way, did you catch the name of Brindle's political godfather? 

For someone who is supposed to be a fair-dealer in these matters, Brindle's tone and language in his Observer column is in marked contrast to what he employed in the past.  For instance, when commenting in 2015 on the more than $3 million raised by a SuperPAC named the General Majority PAC, Brindle was positively sanguine about it:  "Usually, an election with just Assembly candidates on the ballot is a low-key affair.  But the involvement of the independent committees is definitely adding some drama this year."

And where was Brindle's commentary when the General Majority PAC -- with the aid of Alex Baldwin -- raised over $5 million the same day his Observer column came out?

"Drama," is it?  Well compare that with Brindle's breathless -- and deeply subjective -- alarm in Thursday's Observer column:

"The active participation of Stronger Foundations Inc. in the Republican primaries in the 24th and 26th legislative districts is a fresh example of why legislation needs to be enacted to require registration and disclosure by independent groups.

The group has spent $275,100 on these primary races in North Jersey, but the public knows very little about where the money is going or what the group’s agenda is."

As opposed to what?  The General Majority PAC? 

We know that "this group" spent $275,000 on two primary races in New Jersey., which Brindle, using the group's disclosures with NJELEC, was able to break down.  From these disclosures, Brindle was able to discover that the money was being spent on advertising and polling, as well as who was behind the group and why it was organized:

"To its credit, Stronger Foundations Inc. filed independent expenditure reports with ELEC, showing it had spent $63,300 in the 24th district and $211,800 in the 26th district as of May 25.

Among the information the public can glean from Stronger Foundations expenditure reports is that that the group is working with MWW Group, a highly regarded public relations firm, and McLaughlin and Associates, a nationally respected polling firm.

...A Google search did indicate that the person who registered on behalf of the group is employed by International Union of Operating Engineers Local 825 in Springfield. The union helped spear-head last year’s successful efforts to raise the state gas tax and enact a new long-range transportation improvement plan. It’s political action committee also is a top contributor to New Jersey campaigns."

Brindle then writes this most curious sentence:

"A voter reading the independent expenditure reports filed by Stronger Foundation Inc. wouldn’t know any of this."

Well hell, has he seen what information is required by NJELEC to file a political action committee subject to full disclosure?  To find out anything really useful about the mission or policies or current political goals of any organization subject to full disclosure by NJELEC, you would have to use Google and find the group's website or news articles written about it.

At present, NJELEC requires only the vaguest information be disclosed by political action committees and those filing an A-3 are required to disclose practically nothing at all.  As weak as the NJELEC's D-4 PAC registration form is to start with, it soon becomes useless as an organization grows, adds or removes leadership, or changes its direction.  Why isn't the D-4 required yearly?  Without a yearly D-4, even for basic information, any voter would have to consult Google.

And yet, knowing this, Brindle bangs on and on about "the group" painting an ever-darkening picture of what is -- at the final accounting -- perfectly LEGAL behavior that has been codified as such by the UNITED STATES SUPREME COURT.

Writing as one might about gay marriage, Brindle employs phrases to give the impression that something very bad is going on when, in fact, it is perfectly legal and has been ruled so by the highest Court in the land:

Let's start with the headline:  "Mystery Spender on NJ Races Again Shows Need for More Disclosure."

"...the public knows very little about where the money is going or what the group’s agenda is."  Under NJELEC's weak rules, they never do.

"These groups do have a First Amendment right to be engaged in the electoral process and spend unlimited sums. That much is clear. At the same time, the public has a right to know who is behind the group and what it stands for."  That is Brindle's opinion (and we agree) but unfortunately, neither NJELEC or, more importantly, the United States Supreme Court appear to agree with us.  And, as Brindle works for NJELEC (and it follows federal law, we assume), why is he painting this nefarious picture?

"Political parties, candidates and political action committees are subject to registration and disclosure requirements. Why shouldn’t the same guidelines apply to these groups?"  Brindle knows darn well why -- the Supreme Court said so.  Besides which, Brindle's NJELEC "registration and disclosure" requirements are a joke and are out-of-date.

"...If they finance advertisements that do not specifically call for the support or opposition to a candidate in their communications, there is no filing requirement at all. And anyone familiar with the process knows it is easy for high-powered operatives to finesse the language and avoid reporting."  Once again, Brindle full well knows that this is federal law.  As for finessing language, that is precisely what he is doing here.

"Disclosure is important because independent groups can become surrogates for candidates they support, undertake harsh attacks against the opponent, and do so with no accountability."  Yes, we agree, but -- once again -- no law made in New Jersey will overturn a U.S. Supreme Court decision.  So, why are you writing as though it would?  Simply to paint a nefarious picture?

"At the same time, the candidate who benefits from the independent spending can claim to have no association with the group, thereby not being accountable for its activities."  Now this shows Brindle to be something of an accomplished liar.  He darn well should know that it is illegal for a candidate to have an "association" with such a group.

"Because it is the mission of the Election Law Enforcement Commission to bring disclosure of campaign finance information to the public, the staff often will dig more deeply into these organizations to ascertain where its support comes from. When that information can be obtained, ELEC makes the information available to the public."  So NJELEC is doing opposition research on groups operating legally under the Constitution of the United States of America?  Why?  Because E.D. Brindle thinks the law is wrong and so a little spying is in order?  And you are using taxpayers' money for this?

"The public, however, does not have the time nor inclination to investigate these groups and therefore is often robbed of the opportunity to make informed opinions about a group’s motives or even the veracity of its message."  Maybe they don't care about it in precisely the way E.D. Brindle does -- or whoever put him up to writing this obvious hit piece.  In any case, it is NJELEC Brindle's "motives" that are at question here because, after all, they are taxpayer-funded.

"This is why it is important for the Legislature to pass legislation that would bring greater transparency to the process by requiring registration and disclosure by independent groups. Both parties have introduced bills to bring about more disclosure."  Yes, we agree, start with an annual D-4 for those who currently do disclose and then fashion legislation that will pass Constitutional muster.  Don't spend a lot of taxpayers' money and waste a lot of taxpayer-paid staff's time only to have your law chucked out by a federal court.  If your staff have so much free time on their hands, cut some and save the taxpayers some money.

"...If the primary figure is any guide, these largely anonymous groups will once again dominate the general election at the expense of more accountable political parties and candidates.  It is long past time for matters to be set right in New Jersey by bringing balance back to the electoral system, by strengthening the political parties, requiring registration and disclosure by independent groups, and offsetting the growing influence of organizations that would often operate anonymously."  This is coming from the man who, in 2015, dismissed this as little more than "drama"?  What's changed? 

What this is, is a hit piece, written by a political consultant turned career bureaucrat with a mentor named Tom Kean.  It was a disgraceful act for NJELEC's executive director to wade into partisan political campaigns the weekend before an election and offer his words in a way he knew or should have known would have an outcome on that election.

Jeff Brindle is himself an undisclosed independent expenditure.  We cannot be sure who put him up to this.  What we can be sure of is that he should go, for so long as he is at the head of NJELEC its veracity is in question and its trustworthiness is shit.

Jeff Brindle just destroyed NJELEC's reputation

Jeff Brindle is the NJELEC executive director who recently waded into partisan political campaigns in two legislative districts.  Brindle posted a column on David Wildstein's old website, Observer.com (formerly PolitickerNJ.com, AKA PoliticsNJ.com) which was quickly picked-up by Wally Edge alumnus Matt Friedman over at Politico.

For the record, here is what Wally Edge wrote about Jeff Brindle at the time of his appointment:

Brindle was active in Republican politics before taking a post at ELEC. He worked as a political consultant in the 1970's, served as New Brunswick GOP Municipal Chairman, worked on the legislative staffs of State Sen. John Ewing and Assemblymen Walter Kavanaugh and Elliot Smith, and as Deputy Somerset County Clerk. He was the Republican candidate for State Assembly in the 17th district in 1977, but lost the general election to Democrats David Schwartz and Joseph Patero. He joined state government after Thomas Kean's election as Governor and was the Communications Director at the Department of Community Affairs from 1982 to 1985.

http://www.politickernj.com/wallye/30639/elec-picks-ex-gop-operative-executive-director

Old Wally knew his stuff.  By-the-way, did you catch the name of Brindle's political godfather? 

For someone who is supposed to be a fair-dealer in these matters, Brindle's tone and language in his Observer column is in marked contrast to what he employed in the past.  For instance, when commenting in 2015 on the more than $3 million raised by a SuperPAC named the General Majority PAC, Brindle was positively sanguine about it:  "Usually, an election with just Assembly candidates on the ballot is a low-key affair.  But the involvement of the independent committees is definitely adding some drama this year."

"Drama," is it?  Well compare that with Brindle's breathless -- and deeply subjective -- alarm in Thursday's Observer column:

"The active participation of Stronger Foundations Inc. in the Republican primaries in the 24th and 26th legislative districts is a fresh example of why legislation needs to be enacted to require registration and disclosure by independent groups.

The group has spent $275,100 on these primary races in North Jersey, but the public knows very little about where the money is going or what the group’s agenda is."

As opposed to what?  The General Majority PAC?

We know that "this group" spent $275,000 on two primary races in New Jersey., which Brindle, using the group's disclosures with NJELEC, was able to break down.  From these disclosures, Brindle was able to discover that the money was being spent on advertising and polling, as well as who was behind the group and why it was organized:

"To its credit, Stronger Foundations Inc. filed independent expenditure reports with ELEC, showing it had spent $63,300 in the 24th district and $211,800 in the 26th district as of May 25.

Among the information the public can glean from Stronger Foundations expenditure reports is that that the group is working with MWW Group, a highly regarded public relations firm, and McLaughlin and Associates, a nationally respected polling firm.

...A Google search did indicate that the person who registered on behalf of the group is employed by International Union of Operating Engineers Local 825 in Springfield. The union helped spear-head last year’s successful efforts to raise the state gas tax and enact a new long-range transportation improvement plan. It’s political action committee also is a top contributor to New Jersey campaigns."

Brindle then writes this most curious sentence:

"A voter reading the independent expenditure reports filed by Stronger Foundation Inc. wouldn’t know any of this."

Well hell, has he seen what information is required by NJELEC to file a political action committee subject to full disclosure?  To find out anything really useful about the mission or policies or current political goals of any organization subject to full disclosure by NJELEC, you would have to use Google and find the group's website or news articles written about it.

At present, NJELEC requires only the vaguest information be disclosed by political action committees and those filing an A-3 are required to disclose practically nothing at all.  As weak as the NJELEC's D-4 PAC registration form is to start with, it soon becomes useless as an organization grows, adds or removes leadership, or changes its direction.  Why isn't the D-4 required yearly?  Without a yearly D-4, even for basic information, any voter would have to consult Google.

And yet, knowing this, Brindle bangs on and on about "the group" painting an ever-darkening picture of what is -- at the final accounting -- perfectly LEGAL behavior that has been codified as such by the UNITED STATES SUPREME COURT.

Writing as one might about gay marriage, Brindle employs phrases to give the impression that something very bad is going on when, in fact, it is perfectly legal and has been ruled so by the highest Court in the land:

Let's start with the headline:  "Mystery Spender on NJ Races Again Shows Need for More Disclosure."

"...the public knows very little about where the money is going or what the group’s agenda is."  Under NJELEC's weak rules, they never do.

"These groups do have a First Amendment right to be engaged in the electoral process and spend unlimited sums. That much is clear. At the same time, the public has a right to know who is behind the group and what it stands for."  That is Brindle's opinion (and we agree) but unfortunately, neither NJELEC or, more importantly, the United States Supreme Court appear to agree with us.  And, as Brindle works for NJELEC (and it follows federal law, we assume), why is he painting this nefarious picture?

"Political parties, candidates and political action committees are subject to registration and disclosure requirements. Why shouldn’t the same guidelines apply to these groups?"  Brindle knows darn well why -- the Supreme Court said so.  Besides which, Brindle's NJELEC "registration and disclosure" requirements are a joke and are out-of-date.

"...If they finance advertisements that do not specifically call for the support or opposition to a candidate in their communications, there is no filing requirement at all. And anyone familiar with the process knows it is easy for high-powered operatives to finesse the language and avoid reporting."  Once again, Brindle full well knows that this is federal law.  As for finessing language, that is precisely what he is doing here.

"Disclosure is important because independent groups can become surrogates for candidates they support, undertake harsh attacks against the opponent, and do so with no accountability."  Yes, we agree, but -- once again -- no law made in New Jersey will overturn a U.S. Supreme Court decision.  So, why are you writing as though it would?  Simply to paint a nefarious picture?

"At the same time, the candidate who benefits from the independent spending can claim to have no association with the group, thereby not being accountable for its activities."  Now this shows Brindle to be something of an accomplished liar.  He darn well should know that it is illegal for a candidate to have an "association" with such a group.

"Because it is the mission of the Election Law Enforcement Commission to bring disclosure of campaign finance information to the public, the staff often will dig more deeply into these organizations to ascertain where its support comes from. When that information can be obtained, ELEC makes the information available to the public."  So NJELEC is doing opposition research on groups operating legally under the Constitution of the United States of America?  Why?  Because E.D. Brindle thinks the law is wrong and so a little spying is in order?  And you are using taxpayers' money for this?

"The public, however, does not have the time nor inclination to investigate these groups and therefore is often robbed of the opportunity to make informed opinions about a group’s motives or even the veracity of its message."  Maybe they don't care about it in precisely the way E.D. Brindle does -- or whoever put him up to writing this obvious hit piece.  In any case, it is NJELEC Brindle's "motives" that are at question here because, after all, they are taxpayer-funded.

"This is why it is important for the Legislature to pass legislation that would bring greater transparency to the process by requiring registration and disclosure by independent groups. Both parties have introduced bills to bring about more disclosure."  Yes, we agree, start with an annual D-4 for those who currently do disclose and then fashion legislation that will pass Constitutional muster.  Don't spend a lot of taxpayers' money and waste a lot of taxpayer-paid staff's time only to have your law chucked out by a federal court.  If your staff have so much free time on their hands, cut some and save the taxpayers some money.

"...If the primary figure is any guide, these largely anonymous groups will once again dominate the general election at the expense of more accountable political parties and candidates.  It is long past time for matters to be set right in New Jersey by bringing balance back to the electoral system, by strengthening the political parties, requiring registration and disclosure by independent groups, and offsetting the growing influence of organizations that would often operate anonymously."  This is coming from the man who, in 2015, dismissed this as little more than "drama"?  What's changed? 

What this is, is a hit piece, written by a political consultant turned career bureaucrat with a mentor named Tom Kean.  It was a disgraceful act for NJELEC's executive director to wade into partisan political campaigns the weekend before an election and offer his words in a way he knew or should have known would have an outcome on that election. 

 Jeff Brindle is himself an undisclosed independent expenditure.  We cannot be sure who put him up to this.  What we can be sure of is that he should go, for so long as he is at the head of NJELEC its veracity is in question and its trustworthiness is shit.

Ethics complaint to be filed against ELEC's Jeff Brindle

The "hit piece" was published on a website that was once the domain of David "Wally Edge" Wildstein.  That's before he sold it to Jared "to Russia with love" Kushner.  Yes, that Jared Kushner, the son of Governor Jim McGreevey's number one bagman and son-in-law of the sitting President of the United States, whose obscure and anything-but-transparent  business and financial dealings have led to a string of controversies.

Under the editorship of the late Peter Kaplan, the Observer newspaper was once a genuine instrument of reform in New York City.  But Kaplan left after Kushner bought the newspaper.  Later, Kushner would install establishment GOP political consultant Ken Kurson as editor.  Kurson, who ran political campaigns in New Jersey (in particular, Northwest New Jersey),  would transform the newspaper into a web-only publication that ruthlessly pushed the Kushner political agenda. 

And so Mr. Jeff Brindle, the Executive Director of the New Jersey Election Law Enforcement Commission, chose a most irregular venue for expounding on the benefits of campaign finance reform.  Of course, Mr. Brindle's arguments were not for the benefit of the general public or even the more specific electorate.  What Mr. Brindle presented in yesterday's Observer was a carefully crafted, opposition-research fueled, hit piece. 

Mr. Brindle argues that there should be more disclosure requirements covering organizations that spend money that could indirectly affect the outcome of an election.  We agree.  It is important to know the people behind organizations that have at their disposal mass amounts of cash and who seek to use that cash to influence the political process.  The Observer Media Group, for instance, which regularly endorses candidates and pushes a policy agenda (dare we say "lobby"?) that directly benefits the bottom line of its owners.

Or take Advance Publications -- an $8 billion corporate media giant owned by some of our region's richest -- and most politically liberal -- billionaires.  These guys hate labor unions, of course, because it means less for them and more for the people who work for them.  So they have successfully conducted a long-march through their work force.  First they came for the teamsters, then the printers, then the writers, and finally, the salesmen.  The billionaires who own Advance have a political and economic agenda.  They endorse candidates for public office and inject their opinions into elections.  And they have been so successful at lobbying that they have won for themselves a special state-mandated subsidy, directing millions in advertising to their businesses each year -- under penalty of the law.  Well, you know what they say:  Money comes to money.

In his "hit piece" in the Observer, Jeff Brindle takes aim at a group that has spent just over$275,000 on advertising in Northwest New Jersey.  Mr. Brindle hints strongly of a labor union connection with this group.  Now ask yourself, Mr. Brindle, why would working people, organized as a union, feel the need to become involved in the political process?  Perhaps they have heard about Advance Publications??  Maybe, just maybe, they seek to have some small measure of control over their personal economic well-being???  We're just guessing here... but maybe the great George Carlin has the answer...

What the Executive Director of the New Jersey Election Law Enforcement Commission leaves out of his discussion is his agency's own special "little rich boy" loophole that allows the very rich mommies and daddies of wannabe politicians to fund their campaigns for public office.  Look, rich people been cleaning up the lives of their more useless offspring for as long as any of us can remember.  Generally, when it comes to employment, daddy provides young Doofwhistle with a job at which he will not hurt the company or its employees... too much.  A bankruptcy here, a bankruptcy there -- it's all part of the fun of being a (very rich) parent!

But now -- thanks to the New Jersey Election Law Enforcement Commission -- young Doofwhistle can be shoved-off on the taxpayers.  Daddy can use his millions (or billions) to get his young incompetent elected to public office, where he will receive a salary (sometimes even with benefits) and make laws and run things and generallyJe help our civilization down that long road of post-democracy.

That's right!  Under NJELEC's "little rich boy" loophole, if a candidate still lives at home with his parents, their money is treated as if it was the candidate's own money.  We shit you not. 

D. Use of Personal Funds  Use of a candidate’s personal funds on behalf of his or her campaign must be deposited into the campaign depository and must be reported as either contributions or loans to the campaign in the same manner as all other contributions or loans. If the candidate intends to be reimbursed fully or partially for personal funds used on behalf of his or her campaign, then the funds must be reported both as a loan and as an outstanding obligation to the campaign if still outstanding at the end of the reporting period. Once a candidate’s personal funds are reported as contributions, the funds cannot be later characterized as loans and be repaid to the candidate. There is no limit to the amount of personal funds a candidate may contribute or lend to his or her own campaign (except for publicly funded gubernatorial candidates). See Gubernatorial Public Financing Program Manual for more information.  Also, a corporation, of which one hundred percent of the stock is owned by the candidate, or by the candidate’s spouse, child, parent, or sibling residing in the candidate’s household, may make contributions without limit to a candidate committee established by that candidate, or to a joint candidates committee established by that candidate.

We all remember how Hank Lyon won a seat on the Morris County Freeholder Board in 2011.  He used NJELEC's "little rich boy" loophole to get a late infusion of cash from a corporation controlled by his father. 

That infusion of corporate cash was improperly reported.  A judge overturned a close election, a lawsuit followed, another judge overturned the first decision, while an appeal wasn't pursued after the opposing candidate received a gubernatorial appointment.   Lyon's campaign still owes a huge amount of money to this corporation -- $75,966.66 -- according to Mr. Brindle's own New Jersey Election Law Enforcement Commission.

Per NJELEC's "little rich boy" loophole, this large infusion of corporate cash is only legal while Freeholder Hank Lyon and his father reside in the same household (according to corporate records, Lyon's mother resides in Texas). 

And now it's happening again.  Freeholder Hank Lyon recently found himself before a judge again, accused -- once again -- of violating New Jersey election law.  Lyon, who is a candidate for the state Legislature in next week's Republican primary election, could face serious ethical and legal issues in the weeks and months ahead -- and could endanger the seat (even handing it over to a liberal Democrat) if a court finds that, as in 2011, he violated the law.

Hank Lyon has long chaffed at the idea of his political career simply depending on "daddy's money."  He's worked to appear to be outside his father's shadow, going as far as lying on his official Freeholder biography:

"He is a lifelong resident of Morris County, specifically the Towaco section of Montville Township, where he was a member of the Montville Housing Committee.  He now lives in Parsippany."

Lyon even pictured his new home in legislative campaign advertising, with the words:  "Recently bought his first house, pictured above."  But if Hank Lyon no longer lived at home with his father, then how is he still using his dad's corporate money and keeping to the law? 

In February 2016, Freeholder Lyon did purchase a residential property in the Lake Hiawatha section of Parsippany-Troy Hills.  However, Lyon never occupied the property.  Neighbors claim to have no idea who lives at 45 Manito Avenue.  Mail has piled up and apparently gone unanswered.  Repairs and renovations have been pursued in a more or less desultory manner.  Then, on April 3, 2017, Lyon executed a mortgage on this property -- borrowing $125,000. 

According to Mr. Brindle's New Jersey Election Law Enforcement Commission, Freeholder Hank Lyon loaned his legislative campaign $35,000 on May 12th and $83,000 on May 16th.  His campaign then purchased $99,997 in cable television advertising that began airing on May 19th.

The mortgage stipulates that the borrower (Freeholder Lyon) "shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument."  This Saturday, June 3rd, those 60 days are up.

When Freeholder Hank Lyon moves in three days' time, the loan his father's corporation has with him will go sour.  It was only allowed while Freeholder Lyon made his father's home his principle residence.  Freeholder Lyon should have paid off the loan that will clearly place him outside normal, ethical, campaign finance limits.  Instead, he borrowed more to finance another campaign for political office.

Now this drama is taking place in one of those legislative districts Mr. Brindle mentioned in his hit piece.  Shouldn't the Executive Director of the New Jersey Election Law Enforcement Commission -- maybe, just maybe -- be writing about this money too?  Shouldn't Mr. Brindle be demanding that his agency end its "little rich boy" loophole?  And if NJELEC can't do it, then shouldn't he be writing columns suggesting that the Legislature do it?

It's not like this isn't a growing problem.  We now have a candidate for Governor -- yes, for the job of chief executive of the state -- running around with nearly a million dollars to spend on a political campaign, courtesy of NJELEC's "little rich boy" loophole.  Do we really want elected officials whose main qualification for office is their ability to fan daddy's ass?  Like... aren't things kind of f'ed up enough all ready?

As the Executive Director of the New Jersey Election Law Enforcement Commission, Mr. Brindle's choice of opinion venues was highly questionable.  But it is what he wrote -- and his obvious bias against some and blindness towards others -- that should earn him a review.  And to that end, we have been made aware that someone intends to provide him with such a forum at which he can answer those questions. 

Hank Lyon: I lied, I didn't move from my parents' house

Freeholder Hank Lyon recently found himself before a judge again, accused -- once again -- of violating New Jersey election law.  Lyon, who is a candidate for the state Legislature in next week's Republican primary election, could face serious ethical and legal issues in the weeks and months ahead -- and could endanger the seat (even handing it over to a liberal Democrat) if a court finds that, as in 2011, he violated the law.

At issue is Freeholder Lyon's residency and the honesty and integrity of the voting process itself.

We all remember how Hank Lyon won a seat on the Morris County Freeholder Board in 2011.  A late infusion of cash from a corporation controlled by his father -- an infusion allowed only because of an election law loophole that says if a candidate still lives at home with his parents, their money is treated as if it was the candidate's own money.

D. Use of Personal Funds  Use of a candidate’s personal funds on behalf of his or her campaign must be deposited into the campaign depository and must be reported as either contributions or loans to the campaign in the same manner as all other contributions or loans. If the candidate intends to be reimbursed fully or partially for personal funds used on behalf of his or her campaign, then the funds must be reported both as a loan and as an outstanding obligation to the campaign if still outstanding at the end of the reporting period. Once a candidate’s personal funds are reported as contributions, the funds cannot be later characterized as loans and be repaid to the candidate. There is no limit to the amount of personal funds a candidate may contribute or lend to his or her own campaign (except for publicly funded gubernatorial candidates). See Gubernatorial Public Financing Program Manual for more information.  Also, a corporation, of which one hundred percent of the stock is owned by the candidate, or by the candidate’s spouse, child, parent, or sibling residing in the candidate’s household, may make contributions without limit to a candidate committee established by that candidate, or to a joint candidates committee established by that candidate.

That infusion of corporate cash was improperly reported.  A judge overturned a close election, a lawsuit followed, another judge overturned the first decision, while an appeal wasn't pursued after the opposing candidate received a gubernatorial appointment.   Lyon's campaign still owes a huge amount of money to this corporation -- $75,966.66 -- according to the New Jersey Election Law Enforcement Commission (NJELEC).

Per the NJ election law loophole, this large infusion of corporate cash is only legal while Freeholder Hank Lyon and his father reside in the same household (according to corporate records, Lyon's mother resides in Texas).  Here's where the story gets interesting. 

Hank Lyon has long chaffed at the idea of his political career simply depending on "daddy's money."  He's worked to appear to be outside his father's shadow, going as far as lying on his official Freeholder biography:

"He is a lifelong resident of Morris County, specifically the Towaco section of Montville Township, where he was a member of the Montville Housing Committee.  He now lives in Parsippany."

Lyon even pictured his new home in his legislative campaign's advertising, with the words:  "Recently bought his first house, pictured above."  But if Hank Lyon no longer lived at home with his father, then how is he still using his dad's corporate money and keeping to the law? 

In February 2016, Freeholder Lyon did purchase a residential property in the Lake Hiawatha section of Parsippany-Troy Hills.  However, Lyon never occupied the property.  Neighbors claim to have no idea who lives at 45 Manito Avenue.  Mail has piled up and apparently gone unanswered.  Repairs and renovations have been pursued in a more or less desultory manner.  Then, on April 3, 2017, Lyon executed a mortgage on this property -- borrowing $125,000. 

According to the New Jersey Election Law Enforcement Commission (NJELEC), Freeholder Hank Lyon loaned his legislative campaign $35,000 on May 12th and $83,000 on May 16th.  His campaign then purchased $99,997 in cable television advertising that began airing on May 19th.

The mortgage stipulates that the borrower (Freeholder Lyon) "shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument."  This Saturday, June 3rd, those 60 days are up.

When Freeholder Hank Lyon moves, in three days' time, the loan his father's corporation has with him will go sour.  It was only allowed while the candidate made his father's home his principle residence.  Freeholder Lyon should have paid off the corporate loan that will clearly place him outside normal, ethical, campaign finance limits.  Instead, he borrowed more to finance another campaign for political office.

Little wonder then that as a candidate for the Legislature, Hank Lyon supported borrowing and debt to pay for basic road and bridge maintenance.  He opposed adjusting the revenue source of the Transportation Trust Fund (TTF) for inflation, despite it having failed to produce enough revenue to fund the state's transportation needs since 1990.  Because of this "credit card" policy -- endorsed by Lyon -- by 2015, the revenue source (the tax on gasoline) brought in just $750 million annually, but the interest on the debt to fund all that borrowing cost taxpayers $1.1 billion annually. 

Borrowing, paying your bills with a credit card, is not the way of the fiscal conservative... it is madness.