ELEC Issues Advisory Opinion Addressing Independent Expenditure Only Committees

Earlier today, the New Jersey Election Law Enforcement Commission ("ELEC") issued an advisory opinion to the National Association of Realtors ("NAR") regarding the treatment of independent expenditure only committees under New Jersey law. The NAR has both a federally registered PAC and an independent expenditure only committee that is registered with the IRS as a 527 organization.  The NAR asked ELEC whether making independent expenditures in a New Jersey election would subject the committee to New Jersey filing obligations as a political committee.  Based upon NAR's contemplated activities (of making independent expenditures only), ELEC advised that the committee would not be subject to contribution limits or political committee registration and reporting requirements under New Jersey law.  The committee is, however, required to file independent expenditure reports with ELEC. In its conclusion, ELEC made it clear that the opinion was "intended to apply only to the particular facts presented."  ELEC also left open the question of whether the coordination of independent expenditures among affiliated entities would lead to a different result.