Glass Houses: BOTH sponsors of Hoboken election reform have ELEC delinquencies

Account activity in the future?

 The law is the law. Election law, that is.  

The New Jersey Election Law Enforcement Commission ("NJ-ELEC") publishes a manual for New Jersey political candidates called "New Jersey Compliance Manual for Candidates" containing "requirements and instructions".  It is written for the layperson, no fancy mumbo-jumbo.    

Every NJ elected official ought to be very familiar with these guidelines and practice them. In particular, local lawmakers proposing legislative reform to local campaign finance regulations, which invariably overlap state election reporting regulations.  It goes without saying that such lawmakers are expected to comply to the letter of state law.

Do the Hoboken lawmakers, Tiffanie Fisher and Jen Giattino, sponsoring local campaign finance reform meet that standard?   

No. 

Both campaigns "Tiffanie Fisher for 4th Ward Councilwoman" and "Jen Giattino for Hoboken Council" remain open: one carries $4,288.debt (Fisher campaign), the other carries a $1,354.94 balance (Giattino campaign).  Neither have met the legal requirements for terminating campaign reporting. Here it is in plain language, from NJ's Compliance manual for candidates:

"Termination of Election Reporting" 

Before a committee can be terminated, a final "Report of Contributions and Expenditures" (Form R-1) must be certified and filed with the “Declaration of Final Report” completed (See page 11 of Form R-1). In order to terminate further reporting for an election:

• There should be no remaining balance in any depository opened or maintained by the committee; "
• There should be no outstanding obligations; or, the remaining outstanding obligations must not exceed $1,000 or 10 percent of the total expenditures of the committee, whichever is less.

Their own filings indicate that neither have met the legal requirements to stop reporting their respective campaign finance reports to the State of New Jersey.   Their failure to file quarterly ELECs has denied public access to examine whether or not either has complied with local and state election law.  

Before both put their names on legislation to reform Hoboken's campaign finance report, both ought to clean up their own financial-reporting houses.  

"TIFFANIE FISHER FOR 2ND WARD COUNCILWOMAN"

'SECRETLY' SWITCHED TREASURERS, ZEROED OUT BALANCE, REPORTED OUTSTANDING OBLIGATIONS YET  CERTIFIED "DECLARATION OF FINAL REPORT" 

FISHER 20-DAY POST ELECTION REPORT

RECEIVED FEBRUARY 4, 2021 

 

(1)  Fisher's 20-Day Post Election reports a new Treasurer- the candidate herself.  Based upon the campaign's filings,  Candidate Fisher has not complied with State of New Jersey legal requirements on removing/replacing her Treasurer. 

"B. Resignation, Removal, or Death of a Treasurer

The candidate or committee shall notify the Commission in writing in the case of the resignation, removal, or death of a campaign treasurer or deputy campaign treasurer within ten days of its occurrence. The candidate shall appoint a successor as soon as practicable, but in no case more than 20 days after the occurrence. Within three days of the appointment of the successor, the successor’s name and address must be filed on the appropriate form (Form D-1, D-2, or DX) with the Commission."

(2) Treasurer Fisher certifies the "Declaration of Final Report"- meaning her reporting obligations are over.  Did Treasurer Fisher read the fine print on the certification that she signed?  

"I certify... that there are no outstanding loans or other obligations..."

 That doesn't seem to be true. Treasurer Fisher should consult Candidate Fisher.  

"JEN GIATTINO FOR CITY COUNCIL"

NEVER FILED A "DECLARATION OF FINAL REPORT", CARRIES A  BALANCE

Unlike Fisher, Giattino filed a timely 20-Day Post Election report. The report, her last ever filed, was time-stamped "received" on December 20, 2019.  This account was never closed out- see below, her "Declaration of Final Report" is blank.  Her account reported a balance. Giattino has not reported nothing for receipts and expenditures since that 2019 reporting period, nor has closed out her account.  

GIATTINO 20-DAY POST ELECTION REPORT
RECEIVED DECEMBER 20, 2019

CONCLUSION

Councilwomen in glass houses should clean up their own messes.