Lose Lose

The New Jersey Supreme Court has held that a candidate who loses an election can nonetheless be convicted of bribery

Defendant Jason O’Donnell was a candidate for mayor of Bayonne in 2018. During the campaign, he allegedly accepted $10,000 in cash in a paper Baskin Robbins bag from an individual. In exchange for the money, the State asserts, defendant promised to appoint the individual as tax counsel for the city. The State charged defendant under the bribery statute. Defendant did not win the election. He contends the law does not apply to him because it does not cover candidates who accept improper payments but are not elected.

The charges had been dismissed by the trial court; the Appellate Division had reversed

Defendant’s argument that the bribery statute does not explicitly apply to a candidate is unavailing. The law applies to any “person” who solicits or accepts a bribe. Also unavailing is defendant’s suggestion that if the law applies to candidates, it applies only to candidates who are later elected. Under that interpretation, the offense is only complete if and when the person takes office. But the bribery statute focuses on the exchange of a benefit for a commitment to perform. That means the offense is complete when a benefit is solicited or accepted, not at a later point.

The quotes are from the court’s summary, not the opinion.

Oral argument linked here. (Mike Frisch)