| Entities | New Jersey (10) |
| Topics and Issues | Daniel's Law (9) |
In early-2024, the New Jersey Election Law Enforcement Commission’s Annual Report, 2023. One of its recommendations to the legislature is worth noting. In short, ELEC’s adherence to Daniel’s Law would put it in violation of the Campaign Act, and vice versa. “In addition, Commission and staff members believe it would be impossible to fully comply even if the two statutes were not fundamentally at odds.” Annual Report, 9.
Recommendation Three. Resolve Conflict Between ELEC Law and Daniel’s Law
Daniel’s Law, as initially envisioned, was to provide that personal information including addresses and telephone numbers of Judges both sitting and former would be exempt from any disclosure made by any state agency. The law was expanded to include additional persons who could register for non-disclosure under Daniel’s Law, including prosecutors and former prosecutors, and employees of the Division of Child Protection. Persons residing with exempt persons can also register to have addresses exempted from disclosure.
While the Commission appreciates and respects the intent of Daniel’s Law, it is apparent that complying with Daniel’s Law would force ELEC to ignore its obligations under the Campaign Act. In addition, Commission and staff members believe it would be impossible to fully comply even if the two statutes were not fundamentally at odds.
Id., 9.
The recommendation was the subject of a media story. In the story, Joe Donohue, ELEC’s acting executive director, said that “[i]f someone comes to us right now that’s on that list and wants it removed, we’ll do it, but even then, we’re technically violating our own statute. It compels us to violate our own statute.” Nikita Biryukov, Elections watchdog asks for Daniel’s Law tweaks, more time to investigate, New Jersey Monitor, May 1, 2024.
The story added that while “[f]ew had requested their information be redacted from ELEC records, Donohue said, and full compliance with Daniel’s Law would require the commission to comb through millions of documents dating back more than four decades using a list of names that contained errors. ELEC could comply, Donohue said, but “we’d have to do everybody.” Donohue added that ELEC “can technically hide the addresses of donors, but then what are we here for? We’re a disclosure agency. It’s just directly counter to our purpose.” Id.