Tomorrow (6/28), the New Jersey Election Law Enforcement Commission will hold a hearing to rule on whether WKXW-FM, Trenton “New Jersey 101.5” air personality Bill Spadea’s remaining on the air prior to becoming a legally qualified candidate for governor, as he’s announced he intends to become, constitutes an in-kind contribution from employer Townsquare Media that would exceed the state’s single source
contribution limit of $5,800. Spadea, Townsquare Media and two other candidates – Jon Bramnick and Jack Ciattarelli – have submitted their responses to the ELEC’s Order to Show Cause. Spadea and his attorneys argue that the ELEC’s Order jumps the gun. “The attempt here to treat the policy and news discussions of Mr. Spadea’s radio program as an in-kind contribution to his campaign unambiguously violates the First and Fourteenth Amendments of the US Constitution and cannot and would not survive judicial scrutiny. What is rotten is the concept that Mr. Spadea should have to—on short notice in a newly created process, and without any complaint or evidence of a campaign finance violation in this Commission’s jurisdiction— ‘show cause’ and defend himself in advance of exercising his right to free speech.” For their part, lawyers for Bramnick and Ciattarelli cited examples of Spadea discussing issues relevant to New Jersey voters, including how state funds are spent, regularly on his show. The attorney for Ciattarelli writes, “Spadea and Townsquare cannot credibly suggest that allowing Spadea to be on the radio for four hours per day to discuss his opinions on politics and policy issues is not providing his candidacy with a ‘thing of value’ or contribution while at the same time they are charging Ciatarelli $500 per minute for airtime. Once Spadea declared as a candidate and filed a Form-D1 he and his employer became subject to the New Jersey Campaign Contributions and Expenditures Reporting Act.”
