NJ Election Communications Under ELEC Review: What Incumbents Should Know

On August 5, New Jersey entered the 90 days before the November 3, 2026 general election. For incumbent officials who are on the ballot, that date activated a longstanding ELEC regulation, N.J.A.C. 19:25-10.10, under which NJ election communications rules can treat routine governmental updates as reportable political activity. Our Public Law group first covered this issue in depth on the firm’s Government & Law website, and this alert summarizes what municipal officials and the employees who handle their communications should be doing now.

When an Official Communication Becomes Political

A communication does not have to say “vote for me” to create an ELEC problem. Under the regulation, an official communication may be treated as political if it is distributed within 90 days of an election, goes largely to people eligible to vote for the candidate, discusses the candidate’s governmental or political objectives or achievements, and is prepared or distributed with the candidate’s cooperation, consent, consultation, request or suggestion.

The incumbent does not have to write the piece personally. Suggesting it, editing it, identifying the accomplishments to highlight, choosing the photographs or directing how and when it goes out may be enough to satisfy the coordination component.

Communications That Deserve a Second Look

The rule applies to municipal newsletters, social media posts, videos, mass emails, government websites, and paid advertisements alike. A municipal seal, an official website, or preparation by public employees does not place a communication outside ELEC’s reach. The dividing line is substance: telling residents that the Township completed a road project is a government update, while a piece that prominently features the mayor and explains how the mayor “delivered” the project or “secured” the funding is moving toward political territory.

During the 90-day window, seasonal newsletters, state-of-the-municipality messages, grant announcements, redevelopment updates, budget communications and lists of accomplishments all warrant additional scrutiny before distribution. There is nothing inherently improper about issuing them. The concern is how easily they can shift from informing residents to giving an incumbent personal credit.

The Consequences Are Twofold

If a communication qualifies as political, its cost must be handled through the campaign. If someone other than the candidate committee pays for it, the value may have to be reported as an in-kind contribution. Separately, a government-funded communication can raise a distinct question about whether public funds, employees, or other resources should have been used to prepare or distribute it at all. ELEC regulates the reporting; it does not resolve the public-resources question, and satisfying one does not answer the other.

The Exceptions Are Narrow

The regulation permits direct written responses to constituents who first contact the office, certain notices involving governmental deadlines that require action before the election, and communications limited to facts concerning a bona fide public emergency. Those exceptions should not be stretched. A neutral deadline notice is one thing; a notice that also credits the incumbent with creating the program is another.

What Officials Should Do for the Next 90 Days

Between now and November 3, NJ election communications and routine governmental operations should remain strictly separate from campaign activity. Any broadly distributed communication that prominently features an incumbent on the ballot or discusses the incumbent’s accomplishments or future objectives should be reviewed before publication. Photographs, quotes, and personalized references to accomplishments deserve particular attention, and communications staff should understand that routine government updates are not an opportunity to take political credit. It is far easier to revise a newsletter, post, or video before it goes out than to address an ELEC reporting issue or questions about the use of public resources afterward.

How Scarinci Hollenbeck Can Help

Scarinci Hollenbeck’s Public Law group counsels municipalities, public entities, and elected officials on election-season compliance, including reviewing planned communications before distribution. Officials with questions about a specific communication or about ELEC compliance generally during the pre-election period should contact Mark Tabakin or any member of the firm’s Public Law group.