The 2019 municipal election came and went for the township, but council feels it is now necessary to address an ordinance limiting political contributions beyond Medford.
The Medford Township Council voted to repeal Ordinance 2012-1 and draft a new one simplifying and addressing political contributions specific to Medford.
“It’s been difficult to follow and to define what it means,” Mayor Charles Watson said of the old ordinance. “It causes a lot of confusion for our solicitor and he recommended we repeal it because he doesn’t know how to advise some of our professionals or contractors in what they’ve done when it comes to giving to our county or local candidates.”
The former ordinance — known as the “contractor pay-to-play reform ordinance” — limited businesses that make political contributions to Medford and Burlington County candidates and Political Action Committees beyond set thresholds from receiving township public contracts.
Provisions in the ordinance established thresholds on contributions at $300 in a calendar year for candidates, PACs or parties; $500 for joint candidates; $500 for county PACs or parties; and $500 for any PAC, regardless of where it’s located. A maximum threshold of aggregate donations by contracted businesses was set at $2,500 to Medford and Burlington County candidates and PACs.
Councilman Frank Czekay said he and former Councilman Chris Buoni campaigned for the ordinance in 2011 to address the issue of large sums of campaign money.
“There was $100,000 being spent on local elections; that’s absurd,” Czekay insisted. “It’s wrong and you shouldn’t have to spend $100,000 on a local election.
“It shouldn’t be anywhere near that. It wouldn’t make sense.”
Czekay clarified that the 2012 ordinance included county candidates, a fact that could have caused First Amendment issues on what could and could not be enforced. Council hopes to also shorten Medford’s six-page law into a two-page version, similar to Lawrence Township.
“I would try to make it more focused on Medford’s elections and candidates, and leave out the county to the extent we could,” Czekay stated. “When I include the county, what happens is I potentially engage in First Amendment issues with regards to free speech and the ability to donate to a candidate that has nothing to do with Medford.”
With council’s repeal of the former ordinance, the state’s statute — signed by then-Gov. Chris Christie in 2014 — takes effect. The current law can be found by visiting Elec.State.NJ.US and selecting Elect Limits under the For Candidates tab.
Solicitor Tim Prime said the 2014 state law amended definitions to clarify what a continuing PAC is, for example, and what “regularly engages in support” means.
“The council didn’t want to do anything prior because we have a municipal election this year, and if we repealed it any time before it, somebody would have an issue,” Prime said. “We wanted to make sure there weren’t any political aspects to this.”
Resident Kevin Sparkman commented during the ordinance’s public hearing that the township has denied contracts in the past from businesses who violated the ordinance.
“I guess that’s a good thing because you were demonstrating that there was a purpose to this,” Sparkman said. “I think Prime knows from his own personal experience and financial contributions to candidates and how this complicates things.”
Prime answered by stating any contributions made by township employees over $300 must be filed with the state’s election commission and deemed public record. He said the ordinance is an issue, with the township prohibiting contributions to county candidates — regardless of party — by entities or individuals who want to do business with Medford.
“I fully expected that we’ll have something very similar to this, but again, that’s up to date based on the state statute, the limits will be the same,” Czekay said.
The 2019 ordinance repealing the 2012 rule was formally passed by council. There is no word yet on when a new ordinance will be drafted.
