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Bill Spadea: (Photo: Bill Spadea).

ELEC will hold hearing to determine if Spadea radio show counts against spending cap

Panel will decide if NJ 101.5 show is an in-kind contribution from station owner

By David Wildstein, June 20 2024 12:30 pm

Update: ELEC has rescheduled the Spadea hearing for Friday, June 28 at 9 AM due to a scheduling conflict.  Interested parties must submit briefs by June 28.

The New Jersey Election Law Enforcement Commission is moving quickly to determine if Bill Spadea’s morning drive-time radio show should be counted against the $8.7 million spending camp in the 2025 Republican gubernatorial primary.

Spadea launched his much-anticipated campaign for governor on Monday; soon after, Townsquare Media, which owns Spadea’s station, New Jersey 101.5, announced that Spadea would continue his 6 AM to 10 AM show.

The panel will “consider arguments and hold a hearing to evaluate whether a declared gubernatorial candidate’s media airtime is an “in-kind” contribution to the candidate’s campaign, and, therefore, subject to the applicable requirements for same including contribution limits.”

“Leave it to the Trenton Swamp to come after the first middle class threat to their fiefdom in decades. My opponents and their power broker pals are coming after me for one reason: they’re scared of what I stand for. The insiders are scared that when I win, the people of New Jersey will regain power – and they’ll lose theirs,” Spadea said.  “I’ve got news for everyone. We’re digging in. We’re ready to fight. We’re not going anywhere.”

The legal limit to an in-kind contribution is $5,800 – an amount that Spadea arguably used up on his first day.

ELEC has set a hearing for Wednesday morning to determine if “a declared gubernatorial candidate’s media airtime constitutes an indirect financial benefit to his campaign.”

Spadea’s attorney, former Republican National Committee counsel Charles Spies, says there is no reason for Spadea to give up his show.

“Bill Spadea has a been a wildly popular radio host for almost a decade and there is nothing in New Jersey law that requires him to give up his livelihood while running for office,” Spies said.  “His radio show is not campaign related and as long as he avoids mentioning his campaign he has a Constitutionally protected right to continue discussing local issues important to everyday New Jerseyans.”

The Order to Show Cause, approved by the ELEC commissioners on Tuesday, has been issued to Spadea. Spadea and Townsquare Media have until June 24 to file a response and set a June 26 deadline for other candidates or interested parties to submit briefs on the Spadea issue.

Spadea has the option of staying on the air for his 20-hour-per-week show and not seeking matching funds.

Townsquare appears to have taken the view that the Federal Communication Commission’s equal time regulations don’t kick in until after Spadea files his petitions to become a candidate.

“We have taken steps and imposed guidelines to ensure that Bill’s on-air presence over the coming months and until he becomes a legally qualified candidate are in accordance with New Jersey election law, applicable FCC guidance, and industry standards and best practices for such circumstances,” Townsquare said in a statement on Monday.

This story was updated at 2:24 PM with com

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