CSG Law Alert: Complying with March 30 Deadline for Annual Pay-to-Play Filing Requirement (Form BE) for N.J. Government Contractors
Although New Jersey’s annual pay-to-play filing requirement has been in effect for nearly two decades, many companies are still uncertain about whether they need to file and what information needs to be disclosed.
The law requires every for-profit company that received payments totaling $50,000 or more (in the aggregate) during the 2025 calendar year, as a result of New Jersey government contracts, to electronically file a Business Entity Annual Statement (Form BE) with the New Jersey Election Law Enforcement Commission no later than Monday, March 30th.
As your company is evaluating whether you have a filing obligation for the 2025 calendar year, please keep the following in mind:
- Every for-profit business entity that received payments in excess of the $50,000 threshold is required to file a Form BE regardless of whether you have any contributions to report.
- Each separate business entity that hits this $50,000 threshold is required to file its own Form BE, so if you have multiple entities in your corporate family that contract with New Jersey government entities, you may have to file more than one Form BE.
- If you determine that you hit the $50,000 threshold, you must file a Form BE regardless of whether your contracts were awarded pursuant to a fair-and-open process. The question then becomes whether you are required to file a Long Form BE or a Short Form BE:
- A Long Form BE is required whenever your company or a covered individual made a “reportable” contribution1 to a New Jersey candidate or continuing political committee during the 2025 calendar year. If you are required to file a Long Form BE, you will need to disclose both detailed contract and contribution information.
- A Short Form BE is required when a company hits the $50,000 threshold but has no contributions to report. If you are required to file a Short Form BE, you are not required to disclose contract information.
- If your company hit the $50,000 threshold, but you aren’t sure whether you have contributions to report, you must review your company’s records and survey all covered individuals and entities (which may include subsidiaries, PACs, officers, partners, principals, directors and the spouses of your officers, partners, principals and directors).
A company’s failure to timely and accurately file a Form BE with ELEC can lead to monetary penalties, loss of government contracting opportunities and reputational risk.
For more information concerning the Form BE filing requirement and advice regarding best practices for compliance with pay-to-play, campaign finance, and procurement laws, please contact one of the authors or the Government & Regulatory Law Group at CSG Law.
1 Under current law, a “reportable” contribution is a contribution greater than $200 per election to a candidate or greater than $200 per calendar year to a continuing political committee.