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IN RE ADVISORY OP. NO. 01-2008

No. A-83 September Term 2008

989 A.2d 1254 (2010)

201 N.J. 254

In re ELECTION LAW ENFORCEMENT COMMISSION ADVISORY OPINION NO. 01-2008.

Supreme Court of New Jersey.

Decided March 8, 2010.

Attorney(s) appearing for the Case

Angelo J. Genova, Newark, argued the cause for appellant Friends of Senator Wayne R. Bryant (Sterns & Weinroth and Genova, Burns & Vernoia, attorneys; Richard K. Weinroth, of counsel; Robert P. Zoller, Christopher E. Torkelson, and Grace S. Power, on the brief).

James P. Wyse argued the cause for respondent New Jersey Election Law Enforcement Commission (Herold and Haines, attorneys; Mr. Wyse, Craig S. Provorny, and Daniel E. Bryer, on the brief).

Justice ALBIN delivered the opinion of the Court.

Former State Senator Wayne R. Bryant sought an advisory opinion from the New Jersey Election Law Enforcement Commission (ELEC) to allow him to use campaign funds to defray expenses related to his defense of criminal corruption charges returned by a federal grand jury. ELEC determined that the use of campaign funds for that purpose did not constitute "the payment of ordinary and necessary expenses of holding public...

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