Watchdog declines to say if GOP gov hopeful Bill Spadea’s radio show is improper campaign benefit

(Photo by Hal Brown)

The state’s election law watchdog has punted on declaring whether New Jersey 101.5’s decision to keep host Bill Spadea on the air while he runs for governor is an improper financial contribution to his campaign , as some of his opponents claim.

The Election Law Enforcement Commission held a three-hour public hearing on the matter Friday, after which it said it is “troubled” by reports of political communication on Spadea’s show following his announcement that he is running for governor next year, but it is not taking any steps now to prevent Spadea’s radio show from continuing.

Guidelines the station has implemented that are intended to prevent Spadea from campaigning on air are “insufficient” and should be revamped to be “fully compliant with regulations,” the commission said. A lawyer for the station said there is now a 13-second delay on his show and it is monitored for campaign-related chatter.

“The radio program can go on, but we will be monitoring this vigorously,” said Thomas Prol, the commission’s chair.

Spadea, a conservative firebrand, declared victory in a statement from his campaign.

“This attempt at silencing me and removing me from the radio was about protecting the career politicians and bureaucrats that have broken our state,” Spadea said. “They’re afraid of the power of OUR VOICE and what we can do together. Well, after today’s ruling, I’m proud to say I’m not going anywhere!”

Friday’s hearing included warnings from Spadea’s attorneys that the commission faced a legal battle if it did not make a decision in Spadea’s favor. One of them, Charles Spies, called the proceedings “totally illegitimate,” saying the commission was threatening to bar Spadea’s speech in advance, known as prior restraint.

“You cannot have prior restraint on political speech,” Spies said.

Attorneys for the campaigns of two men who are also seeking the Republican nomination for governor in 2025 — state Sen. Jon Bramnick and former Assemblyman Jack Ciattarelli — argued to commissioners that allowing Spadea to remain on air provides an unambiguous value to his campaign, one that runs afoul of New Jersey election laws.

The legal limit for donations — including in-kind donations, monetary contributions that generally come in the form of donated goods and services — is $5,800. Spadea’s critics say New Jersey 101.5 has provided far more than that already to Spadea, whose show runs four hours a day each weekday. Ciattarelli’s attorney, Mark Sheridan, said the radio station — owned by Townsquare Media — charged Ciattarelli’s campaign $500 per minute when it sought airtime recently.

“The fact is that Townsquare Media is making a contribution to Mr. Spadea by allowing him to be on the air. That airtime has a value, there is no question about it,” Sheridan said.

Sheridan and William Burns, an attorney for Bramnick, also singled for criticism an on-air disclaimer New Jersey 101.5 has begun playing during Spadea’s show. The disclaimer, which the station says is an attempt to distance itself from Spadea’s campaign, does the opposite, critics said.

“The disclaimer itself on the radio program is a thing of value. It mentions the candidate’s name four times and the office that he seeks three times once again, increasing his name recognition,” Burns said.

Commissioner Ryan Peters said the disclaimer “sounds like a promotion” for Spadea’s campaign. New Jersey 101.5’s lawyer, Angelo Genova, said they’d be open to changing the language.

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