By Matt Friedman

Presented by Robert Wood Johnson University Hospital

Good Thursday morning!

For all the controversy over the Elections Transparency Act, it had one provision that seemed to go over well with advocates. The law requires political non-profits that spend money to influence New Jersey elections within two months of the general election to register with the Election Law Enforcement Commission and disclose their donors.

This is an attempt to narrow down a previous “dark money” disclosure law that was halted by a judge and scuttled almost three years ago. This election season is its first test.

So I noticed this report about a group called “Brighter Future Forward” with ties to South Jersey Democrats that’s running pretty brutal anti-abortion ads against Republican state legislative candidates in South Jersey. It’s spending nearly half a million dollars. I think any reasonable person would agree these follow the Election Transparency Act’s definition of an “electioneering communication.” But I checked with ELEC — both through their website and by asking them — and the group has not registered with the agency nor filed any reports.

I want to be clear that Brighter Future Forward is not what I would consider to be a “dark money” group. It’s organized under section 527 of the tax code, which means it’s required to disclose its donors on an IRS website. Just not on the same calendar that ELEC would require. According to my reading of the IRS disclosure calendar, Brighter Future Forward won’t have to disclose its donors until January 31, well after the election. (I could be wrong about this, as I’m not a lawyer, but my layman’s reading of the IRS’ website tells me that groups only have to file 12-day pre-election reports in even years).

Nevertheless, regardless of whether and when this particular group discloses its donors, I see this as a test case for ELEC’s jurisdiction. Because the same New Jersey rules apply to 527 groups that apply to 501(c)4 groups, which do not have to publicly disclose their donors to the IRS. If ELEC does not or can not enforce jurisdiction over Brighter Future Forward, how will it do so for groups that are more secretive?

This will tell us New Jersey’s “Elections Transparency Act” will add make the state’s elections any more, uh, transparent.. I’ve already given you one example of how the law makes them more opaque.

TIPS? FEEDBACK? Email me at [email protected].

QUOTE OF THE DAY: “Because they should feel guilty” or “Because they’re all guilty.” — Differing accounts of comments by U.S. Rep. Josh Gottheimer (D-5th Dist.) to U.S. Rep. Susan Wild (D-Pa.) during a closed-door Democratic caucus meeting, which caused an argument. Wild had noted there were no Muslim leaders at a vigil she participated in and didn’t want any religion to feel ostracized. (A spokesperson for Gottheimer strongly denied that he was talking about Muslims.)

POLL OF THE DAY — Stockton: “57% of New Jerseyans smell marijuana in public, most OK with it” 

HAPPY BIRTHDAY — Conor Fennessy 

WHERE’S MURPHY? In cyberspace for a 5:15 p.m. virtual press conference on Israel

A message from Robert Wood Johnson University Hospital:

We at Robert Wood Johnson University Hospital are deeply disappointed with United Steel Workers 4-200's extreme action to strike. No one benefits from the strike, least of all our nurses. The union should consider the impact it is having on them and their families. Multiple attempts to prevent the strike were rejected, including accepting the union's demands and offering arbitration. RWJUH is already among the highest-staffed hospitals in the state, and our nurses are currently the highest-paid in New Jersey.

WHERE WE’RE GOING, WE DON’T NEED WIDER ROADS  — New Jersey Turnpike Authority narrows focus of controversial expansion, for now, by POLITICO’s Ry Rivard: The state is shying away from controversial elements of a New Jersey Turnpike expansion near the mouth of the Holland Tunnel, likely pushing it back years, and instead focusing on replacing an aging bridge. The New Jersey Turnpike Authority on Wednesday unveiled a draft environmental impact statement for its turnpike extension project that studied a $6.2 billion plan to replace the aging Newark Bay Bridge, as well as more than a dozen other structures along a 4.1-mile stretch of the turnpike between interexchange 14 in Newark and interchange 14a near the border of Bayonne and Jersey City. The bridge, between Newark and Bayonne, N.J., would be replaced with two new spans. … That project, as ambitious and costly as it is, pales in comparison to the previously talked about $10.7 billion project to expand eight miles of highway leading toward the Holland Tunnel. … the Turnpike Authority did not present a clear timeline for the most controversial elements, saying only the rest of is “years out," handing an apparent victory to some of the larger project's critics.

THE UNWIND AND THE WINNOWS — “State winnows Medicaid rolls, 130,000 residents lose coverage,” by NJ Spotlight News’ Lilo H. Stainton: “Nearly 130,000 low-income or disabled New Jersey residents lost Medicaid coverage over four months since the federal government required states to review eligibility for the publicly subsidized health insurance in the wake of the COVID-19 pandemic, a new report shows. The state Department of Human Services, which oversees Medicaid or NJ Family Care, has reviewed the qualifications of almost 840,000 members since they launched the process in May, finding 15% are no longer eligible because they earn too much money, experienced a change in health status or can’t provide the proper paperwork. Some 243,000 people — nearly 30% of the members re-assessed — still met the guidelines and were reenrolled, according to the latest monthly report for August. Close to 400,000 are still under review. Advocates for low-income residents have long raised concerns about the impact of the so-called unwinding.”

PEN(ITENTIARY) PALS — “New Jersey Supreme Court weighs free-speech claims in witness tampering case,” by New Jersey Monitor’s Dana DiFilippo: “In April 2019, William Hill mailed off a letter that seemed innocuous enough, assuring its recipient that he places his faith in God and complimenting her with a playful “you go, girl!” beside a smiley face. But Hill at the time was accused of a violent carjacking, and the woman he wrote to was the victim. Now the New Jersey Supreme Court must decide if the missive was constitutionally protected free speech, as Hill’s attorneys insist, or witness tampering, as prosecutors charged. … Hill eventually got sentenced to 12 years in prison for the carjacking, and the letter earned him an extra three years behind bars when the jury convicted him of witness tampering, too. He appealed, saying the witness tampering statute is unconstitutionally vague and overbroad because it requires a person to ‘knowingly’ engage in conduct that a ‘reasonable person’ would believe would deter a witness or informant from testifying truthfully or at all.”

WHEN PUSH COME TO POLL — “Beaucoup polling drama around Bucco,” by InsiderNJ’s Fred Snowflack: “It’s been 30 years since a Democrat won a legislative seat in LD-25. … Despite all that, Democrats are circulating a poll they took on behalf of Christine Clarke, the party’s Senate candidate. It claims Clarke leads [Anthony] Bucco 49 percent to 40 percent. But wait, there’s a caveat here. The Dems say that lead is realized ‘when voters are informed about the positions (Clarke) and (Bucco) have taken on abortion rights.’ Clarke is pro-choice. Bucco is pro-life. This is what Democrats want to be the issue in this year’s campaign statewide.”

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— “Some praise ruling criticizing NJ school segregation. But what happens now?”

—“Over-the-counter contraceptives to start at New Jersey pharmacies in early 2024” 

—“N.J. launches safe-use campaign to deter children, pregnant moms, drivers from consuming cannabis” 

—“Phil Murphy backs organization lines” 

—“After a Newark group invited speakers with anti-semitic history, O’Scanlon wants state to freeze their money” 

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—“Menendez ties to Grewal necessitate Senate probe, Testa And Bucco say” 

—“New scorecards help us pick politicians who get things done | Opinion” 

A message from Robert Wood Johnson University Hospital:

NADINE MENENDEZ — “Menendez's wife was within speed limit when she hit and killed man in 2018, report says,” by The Record’s Kristie Cattafi and Katie Sobko: “Nadine Arslanian Menendez, the wife of Sen. Bob Menendez, was traveling between 22 and 27 mph on a road with a 30 mph speed limit at the time she hit and killed a pedestrian in 2018, a newly released investigative report concluded. The Bergen County Prosecutor's Office Fatal Accident Investigation Unit was among the agencies to respond to the scene on the night of Dec. 12, 2018. Its 30-page report, obtained Wednesday by NorthJersey.com through a public records request, says that after Arslanian's car hit and killed Richard Koop, 49, he slid 37 feet away from impact. … The Bogota report mentions that while Arslanian initially agreed to allow police to search her phone, she quickly changed her mind. It goes on to say that the department subpoenaed her phone records. Neither the Bogota report or the report from the Bergen County Prosecutor’s Office provides any further details about what was received, if anything, related to that subpoena despite the fact that both were submitted weeks after the crash.”

NOT THAT MURPHY. NO, NOT THAT ONE EITHER. THE OTHER ONE — Assemblymember Carol Murphy (D-Burlington) officially announced she plans to run for the open congressional seat representing New Jersey’s 3rd Congressional District. The open seat stems from incumbent Rep. Andy Kim (D-N.J.) looking to take the U.S. Senate seat held by Sen. Bob Menendez (D-N.J.); Menendez is the subject of a federal indictment which alleged he used his office to benefit businessmen and the Egyptian government in exchange for bribes. “As a woman I know in the arena of politics and government, if I did not clearly state my intentions, there certainly would be others suggesting that I wait my turn,” Murphy said in a statement. “That was no[t] going to happen as I know running to be the first ever woman to serve in the United States House of Representatives from South Jersey the glass ceiling doesn’t wait to be shattered.” The district covers much of Burlington County as well parts of Monmouth and Mercer Counties. It became substantially more Democratic during the redistricting process; President Joe Biden would have won it by around 14 points in 2020. State Sen. Troy Singleton (D-Burlington) has also publicly expressed interest in a run for the seat. — Daniel Han

KEAN’S EYES DARTED TO THE NEAREST ELEVATOR — “Smith backs Scalise for speaker in internal vote; Kean won’t say how he voted,” by New Jersey Globe’s Joey Fox: “A week after the House ousted Speaker Kevin McCarthy (R-California), House Republicans chose current Majority Leader Steve Scalise (R-Louisiana) today as their next nominee for Speaker of the House. Scalise beat Judiciary Committee Chair Jim Jordan (R-Ohio) in a 113-99 vote. Among New Jersey’s three House Republicans, Rep. Chris Smith (R-Manchester) voted for Scalise, Rep. Jeff Van Drew (R-Dennis) voted for Jordan, and Rep. Tom Kean Jr. (R-Westfield) declined to divulge his speaker vote. Since it was conducted by secret ballot, Kean’s vote may never be definitively known. Kean is on the more establishment-minded end of the House GOP, though, and thus probably more in tune with Scalise than Jordan.”

—“N.J. postal worker got $155K a year in disability while secretly working elsewhere, feds say” 

A message from Robert Wood Johnson University Hospital:

We at Robert Wood Johnson University Hospital are deeply disappointed with United Steel Workers 4-200's extreme action to strike. No one benefits from the strike, least of all our nurses. The union should consider the impact it is having on them and their families. Multiple attempts to prevent the strike were rejected, including accepting the union's demands and offering arbitration. RWJUH is already among the highest-staffed hospitals in the state, and our nurses are currently the highest-paid in New Jersey. Our top priority is our patients. We remain steadfast in our commitment to delivering the highest-quality care in the safest environment. We want to reassure our patients, their families, and our community that we continue to care without interruption. We remain fully open and continue to deliver the high-quality care they deserve.

BOOKER DEMANDS RESCUE DRONES SPEAK KLINGON — “These drones will be used by Atlantic City Beach Patrol for rescues, after-hour patrols, and shark spotting,” by The Philadelphia Inquirer’s Amy S. Rosenberg: “As Brendan Santangelo, a lead guard with the Atlantic City Beach Patrol, waited below in the waves Tuesday, a drone hovered above. It was directed by Jamie Allen, the fire department’s lead drone pilot, standing on the beach. With a push of a button, the drone released its cargo: a flotation device that automatically inflates when it hits the water. … It will be a summer of new technology in Atlantic City, as drones will join seagulls over the beach and ocean. Beach Patrol units will have a fleet of drones to aid in rescues and before- and after-hours patrolling and response, as well as shark and other hazard spotting. On Tuesday, members of the storied 132-year-old ACBP aided by fire department officials and representatives of National Aerospace Research & Technology Park, based in Egg Harbor Township demonstrated the latest technological advance they say will greatly expedite rescues. The drones squawked out siren warnings and voiced shark alerts and orders for swimmers to leave the water. The drones will be programmed to be able to issue these warnings in multiple languages, said Fire Chief Scott Evans.”

TO BEACH, OR NOT TO BEACH? — “Ophelia chewed up these Ocean County sand dunes. How much will it cost to replace them?” by The Asbury Park Press’ Jean Mikle: “Tropical Storm Ophelia damaged the oceanfront dune system in Ortley Beach, leading to four-foot drops to the beach in some spots, according to a coastal erosion assessment prepared by the state Department of Environmental Protection. … Toms River Mayor Maurice B. ‘Mo’ Hill Jr., who will leave office at the end of December, suggested at a recent township council meeting that his successor include $300,000 to $500,000 in the 2024 budget to pay for repairs in Ortley."

PLOT TWIST: SHE LIVES IN A GLASS HOUSE — “Woman threw stone pavers through windows of N.J. city hall, cops say,” by NJ Advance Media’s Jeff Goldman: “A 35-year-old woman was charged with criminal mischief hours after Atlantic City police say she threw stone pavers through the windows of city hall. … Last week, a 39 year old man was arrested after he entered city hall and spent the night in an office. He was charged with criminal mischief.”

—“Is it time for Ocean County to stop spending on open space, official asks” 

—“Hunterdon residents win battle over massive Route 78 warehouse development – for now” 

—“How a vending machine full of books promotes positive behavior and literacy in Piscataway” 

—“Another Hillsborough warehouse proposal likely to end up in court. Here's why” 

—“Cape commissioners approve lease for nursing home, despite objections” 

—“Point Pleasant cop accused of shoplifting was back in court. What happened?” 

Enter the “room where it happens”, where global power players shape policy and politics, with Power Play. POLITICO’s brand-new podcast will host conversations with the leaders and power players shaping the biggest ideas and driving the global conversations, moderated by award-winning journalist Anne McElvoy. Sign up today to be notified of new episodes – click here.

R.I.P. — “Paramus native dies in Israel violence, Gov. Murphy confirms,” by The Record’s Kyle Morel: “A North Jersey native who fought in the Israeli military was among those killed in the weekend's terror attacks in the country, Gov. Phil Murphy confirmed Wednesday. Paramus native Itay Glisko, 20, is the latest person with local ties to be identified as a victim of the violence in the Middle East. Glisko ‘spent his early years’ in the borough, Murphy posted Wednesday afternoon on X, formerly known as Twitter. … Edan Alexander, a graduate of Tenafly High School serving in the IDF, is among those still missing, Murphy said at a vigil in Hoboken Tuesday. New Jersey Attorney General Matt Platkin said at a separate event that two Bergen County natives are missing, though he did not specify whether Alexander was one of the two.”

—“Real estate rip-off? Radio DJ promoted alleged NJ scheme leaving investors out of millions” 

—“Murphy speaks out against ‘brutality and carnage’ in Israel at Hoboken candelight vigil” 

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