Practices

 

Practice Details

Election, Political and Campaign Finance Law

MDM&C is privileged to advise businesses, unions, political party committees, political action committees, candidates, individual donors and voters about the rights, freedoms and limits of the electoral and political processes, as well as campaign finance and lobbying laws.

MDM&C  advises clients on the statutory authority governing:

  • the electoral process in Federal elections and New Jersey legislative and partisan and non-partisan municipal elections;
  • campaign finance laws under federal law such as the Election Campaign Act of 1971, the Bipartisan Campaign Reform Act of 2002 (the McCain–Feingold Act), the Presidential Election Campaign Fund Act, and the Presi¬dential Primary Matching Payment Account Act, and corresponding federal regulatory authority under the Code of Federal Regulations,
  • New Jersey’s state campaign finance laws New Jersey Election Law Enforcement Commission’s regulations;
  • lobbying and ethical reporting disclosures and laws pursuant to the Legislative and Governmental Process Activities Disclosure Act, N.J.S.A. § 52:13C-18 et seq. and its regulatory counterpart under N.J.A.C. § 19:25-20.1;
  • compliance with New Jersey state and local “pay to play” laws restricting political contributions by government contractors in accordance with Executive Orders and New Jersey statutory authority under N.J.S.A. § 19:44A.

Additionally, we worked : 

  • to implement the N.J. portion  of the Help America Vote Act of 2002, that established a program to provide funds to states to replace punch card voting systems, to establish minimum election administration standards for states and units of local government with responsibility for the administration of Federal elections.

MDM&C has also represented clients in New Jersey Legislative and Municipal Redistricting matters following Federal decennial censuses. MDM&C represented the eleventh member of the constitutionally created ten-member Legislative Apportionment Commission to review and endorse, on behalf of the deadlocked ten-member Commission, a legislative redistricting plan following the 2000 federal census. MDM&C is also retained to provide similar representation and guidance to various municipal apportionment commissions.

MDM&C has also successfully represented local candidates at trial seeking positions on primary ballots for municipal council seats following clerks’ disqualifications of petitions; represented candidates for New Jersey State Senate and General Assembly in cases to require County Clerks to re-draw ballot positions; successfully represented local candidates in statutory recount and contest proceedings following certification of election results and has represented defendants charged with voter fraud.

MDM&C’s contributions to the electoral and political processes are not limited to courtrooms, polling precincts, and voting booths.  Indeed, MDM&C contributes to the public good in a variety of ways:

  • Thomas P. Scrivo, Esq. is the author of the treatise, New Jersey Local Government Deskbook, which is annually updated and addresses a variety of topics affecting municipal corporations, including a chapter devoted to election law;
  • Following a 1998 investigation launched by the United States Department of Justice against the County of Passaic, senior partner Walter F. Timpone served as the first-ever Federal Election Monitor, charged with ensuring the voting rights of the County’s Hispanic voters and the County’s compliance with Federal and State consent orders;
  • In October 2010, Governor Christopher J. Christie appointed Walter Timpone as a Commissioner on  the New Jersey Election Law Enforcement Commission;
  • In January 2005, Ryan P. Mulvaney, Esq. accepted an appointment to the New Jersey State Bar Association’s Special Committee on Election Law where he serves as a voting member of the Special Committee’s five-member Subcommittee on Legislation, reviewing and formulating positions on pending legislation concerning election law.
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