TOMS RIVER, NJ (OPINION) – The Township of Toms River has entered into a new multi-year contract with Parsells Printing of Maywood to produce a quarterly newspaper has come under fire by township officials who believe the newspaper is not only violating state law but is an added expense the township doesn’t need.
The $219,000 price tag doesn’t include the nearly $100,000 postage fees or production costs required to create and mail those quarterly newspapers.
Now, cost isn’t the only concern. The newspaper, which was mailed out to residents in March and a planned paper to hit mailboxes in May, just days before the June GOP primary election, could be in violation of state law.
Officials from the New Jersey Law Election Law Enforcement Commission said the newspaper, which prominently features Mayor Maurice Hill and his political allies but omits his opponents Justin Lamb and Daniel Rodrick appears to be in violation of the state’s 90-day rule.
On Wednesday, Toms River Councilmen Justin Lamb and Daniel Rodrick balked at the notion that Hill was planning on sending out a newspaper so close to an election while using taxpayer funds. When the newspaper was proposed to the town council, both councilmembers were skeptical, saying they did not want to see the newspaper be used as a political tool for candidates but to simply inform the community about what is happening in the town, such as recreation programs, public works information and other valuable resources for residents.
According to the 90-day rule, Hill and the township could be in violation of state election law. The 90-day rule means a municipality cannot use any township funds to produce promotional or propaganda-related communications.
NJELEC is very clear when it comes to the laws prohibiting municipal resources from being used as political campaign and marketing material meant to influence an election using public tax dollars.
“Take the case where a newsletter is distributed by the municipality to residents in the weeks prior to the primary or general election but contains no direct appeal for votes. The newsletter, however, touts the goals and achievements of the mayor and has been consented to by the mayor,” NJ Elec wrote about the scenario. “Are there ramifications to this course of action involving the Campaign Act? The simple answer is yes. The provision that comes into play is commonly known as the 90-day rule, or the political communication regulation. Below are the conditions under which the 90-day rule applies: If the communication is made within 90-days of any election involving the candidates; If the recipients are substantially made up of individuals eligible to vote for the candidate; The communication refers to the governmental objectives or achievements of the candidate; and, The communication is done with the cooperation or consent of the candidate.”
Mo Hill could be faced with reporting nearly $50,000 in township expenses as campaign contributions, but in New Jersey, that is also illegal, putting the mayor in a tricky spot.
That’s why the Ocean County Board of Commissioners has a strict policy stating that any elected official running for office will be omitted from press releases and county publications during that 90-day period.
Toms River Township does not follow the county’s lead on that.
“If these conditions are met, the cost of producing and distributing the newsletter would constitute an in-kind contribution from the municipality to the mayor’s campaign and must be disclosed as such,” the state continued. “In this instance, the Commission is involved with enforcing disclosure of the in-kind contribution from the municipality to the mayor.”
Art Gallagher, spokesman for Toms River Mayor Hill, dismissed the complaints against the mayor’s newspapers within the 90-day period.
“All of our newsletters have complied,” Gallagher said. The township also said the May issue of the newsletter will be going out to residents as scheduled in light of the objections from Lamb and Rodrick.
Mo Hill said their complaints were ‘politically motivated’.
“I’m not running for any office,” Lamb said in response. Lamb is not on any election ballots as a candidate in the June primary election.
A newspaper was released on March 27th. That newspaper featured multiple articles promoting Hill, in what appears to be a clear violation of the state’s 90-day rule.