PHILIP D. MURPHY
Governor
SHEILA Y. OLIVER
Lt. Governor
State of New Jersey
DEPARTMENT OF THE TREASURY
DIVISION OF PURCHASE AND PROPERTY
CONTRACT COMPLIANCE & AUDIT UNIT
33 WEST STATE STREET
P. O. BOX 236
TRENTON, NEW JERSEY 08625-0236
Telephone (609)292-5400/Telefax (609)292-5899
CCAU.Mailbox@treas.nj.gov
ELIZABETH MAHER MUOIO
State Treasurer
AMY F. DAVIS
Acting Director
MEMORANDUM
TO:
FROM:
SUBJECT:
State Procurement and Fiscal Staff
Chapter 51 Review Unit
Elections Transparency Act and Executive Order 333– Update
DATE:
June 21, 2023
_____________________________________________________________________________________
On June 15, 2023, Governor Murphy signed Executive Order (EO) 333 (Murphy) amending prior EOs to
align with the newly-enacted Elections Transparency Act (L.2023, c.30) (ETA) relating to political
contributions by government contractors. To provide clarity for business entities looking to contract with
the State, the EO rescinds or supersedes provisions of several prior EOs that are either duplicative of or
inconsistent with more recent statutes, including the ETA, or that have been set aside by the courts. The EO
rescinds EO No. 134 (2004), issued by Governor McGreevey, and EO No. 7 (2010), issued by Governor
Christie, and supersedes EO No. 117 (2008), issued by Governor Corzine. EO 333 became effective
immediately.
Of note, the EO continued from Executive Order 117 (2008) the list of those persons whose contributions
are attributable to a “business entity” but did not continue EO 117’s previous limitations concerning
contributions to Legislative Leadership Committees and Municipal Political Party Committees. As such,
contributions to Legislative Leadership Committees and Municipal Political Party Committees no longer
need to be reported by vendors and will not be considered by the Chapter 51 Unit for possible vendor
disqualification.
Accordingly, the Chapter 51 Review Unit has updated the vendor certification and instructions required for
reporting political contributions at https://www.nj.gov/treasury/purchase/forms.shtml. Consistent with our
April 4, 2023 memo on the initial impact of the ETA on Chapter 51 compliance, the form should only be
submitted to the Chapter 51 Unit for review through the designated mailbox for contracts that are awarded
through a legal process that does not meet the “fair and open process” definition in the Elections
Transparency Act, P.L.2023, c.30.
As a reminder, if your agency has its own procurement authority and you are uncertain if your entity’s
contracting process meets the “fair and open process” definition, you should seek guidance from your
assigned contact in the Division of Law or if you are not advised by the Division of Law, your legal counsel.