Conservative radio host Bill Spadea will not be forced to give up his morning talk show on New Jersey’s largest radio station, at least not yet, as he runs for governor.
Instead, the state’s election watchdog agency said Friday it will keep a close watch on what the Republican candidate says on the program and could take action later.
The state Election Law Enforcement Commission called a hearing in Trenton to examine whether the four-hour morning drive show Spadea has hosted for nine years on New Jersey 101.5-FM amounts to an “in-kind” campaign contribution from the station that exceeds the legal limit because of the name recognition and platform he receives.
After three hours of testimony and an hour of deliberation, ELEC took no formal action against Spadea, who is seeking the Republican nomination to succeed term-limited Democratic Gov. Phil Murphy next year.
But Thomas Prol, ELEC’s chairman, said the bipartisan, four-member commission found Spadea’s campaign “benefits” from the show and added the panel is “troubled by reports of expressed and explicit communications” on the program after Spadea announced his candidacy last week.
Prol also said the guidelines 101.5 has installed are “insufficient.” That includes a 13-second delay the station has installed to block any content related to the campaign, which Prol said isn’t being properly used.
He added that ELEC will act if it receives a “bona fide complaint from the public” and will “hold the candidate and campaign accountable” if it determines there is a violation.
“The radio show can go on,” Prol said. “But we will be monitoring vigorously.”
Spadea, a vocal supporter of former President Donald Trump, announced his candidacy after months of buildup. The 55-year-old has hosted his show since 2015, often discussing politics and espousing his sometimes-controversial views on issues such as education and COVID-19.
The day he announced his campaign, Townsquare Media, the company that owns 101.5, said Spadea would remain on air “until he becomes a legally qualified candidate.” That, attorneys for the company said this week, is when Spadea files nominating petitions to run in next year’s primary. The deadline for that is usually late March or early April, meaning it could permit him to host his show for more than half a year.
The company also said it has “taken steps and imposed guidelines to ensure that Bill’s on-air presence over the coming months ... are in accordance with New Jersey election law, applicable (Federal Communications Commission) guidance, and industry standards and best practices for such circumstances.”
But that sparked questions over whether the station was unfairly giving Spadea the equivalent of free campaign advertising for hours each day that his opponents who have to pay the station big bucks to receive — and whether that is effectively an in-kind donation to his campaign. Those are donations that aren’t explicitly money contributions, and are capped at $5,800.
Should ELEC have ruled it was, the agency could have found Spadea was immediately violation of state election finance laws by continuing the show, and he might have been forced to decide between keeping the program or his campaign.
In addition, the campaign could be held liable if ELEC determined the radio exposure was a campaign contribution that exceeded the state’s donation limits.
Attorneys for Spadea, Townsquare Media, and two of Spadea’s Republican primary opponents — state Sen. Jon Bramnick and former state Assemblyman Jack Ciattarelli — gathered in the agency’s conference room to testify Friday.
Spadea’s attorneys said in a filing earlier this week that Trenton “power brokers” are trying trying to silence the “outsider” candidate by “throwing due process to the side.” They argued Spadea’s show isn’t an in-kind contribution because it’s a “bona fide news program,” does not give his campaign any “direct or tangible benefit,” and does not fit the state’s definition of “political communication” because it does not include “an explicit appeal for the election or defeat of a candidate.”
The attorneys suggested the issue could end up in court if ELEC ruled against Spadea.
Charlie Spies, an attorney for Spadea, called Friday’s hearing “totally illegitimate” and said it violates Spadea’s First Amendment rights.
“I’m not going to deny Bill Spadea being on the air to some people helps his campaign,” Spies said via conference call. “I get that it could help. But there’s a bright line between his expressly advocating for his campaign or against opponents and his talking about issues.”
Angelo Genova, an attorney for Townsquare Media, argued the show is Spadea’s job and it “wasn’t created for the purpose of running for office.”
The station plans to take Spadea off the air once he formally files to run, added Genova, a powerful lawyer who often works for New Jersey Democrats
“And he knows that,” Genova said. “Because we don’t want the obligation to provide equal time to other candidates.”
Genova also pointed to how Bramnick receives a name ID boost from billboards his law firm has bought on highways and from comedy shows he performs across the state. Bramnick moonlights as a standup comic.
“Who’s paying for that?” Genova asked.
William Burns, Bramnick’s attorney, said the show “offers substantial promotional advantages to (Spadea’s) campaign, including unrestricted market access and significant advertising influence typically purchased by other candidates.”
Genova argued that Spadea’s show has no “value to his candidacy” unless it “contains express advocacy.” But Mark Sheridan, Ciattarelli’s attorney, warned ELEC it would be “opening Pandora’s box” to rule in favor of Spadea. He argued it would allow people to buy billboards and TV space to support a candidate without restrictions as long as there is not “express advocacy.”
“You would be abdicating your role as regulators,” Sheridan said.
Both Burns and Sheridan also noted how 101.5 has begun airing a disclaimer about Spadea’s show to say it does not endorse campaigns run by its on-air personalities — but they said the disclaimer mentions Spadea’s name and candidacy multiple times.
“The disclaimer itself on the radio program is a thing of value,” Burns said.
Ryan Peters, an ELEC member and a Republican former member of the state Assembly, said the disclaimer “sounds like a promotion” for Spadea’s bid. Genova said the station would be open to changing it.
Peters also questioned why Spadea’s team didn’t approach the commission about any potential conflict before he announced his run.
“I feel like this is a benefit to Mr. Spadea rather than a detriment to him,” Peters said of the hearing.
Spadea, who did not attend the hearing, called ELEC’s decision to hold off “a victory for middle-class New Jerseyans who aspire to make a difference in this state.”
“This attempt at silencing me and removing me from the radio was about protectinng the career policians and bureaucrats that have broken our state,” he added. “They’re afraid of the power of OUR VOICE and what we can do together. Well, afer today’s ruling, I’m proud to say I’m not going anywhere!”
Though the June 2025 primary is still a year away, Spadea, Bramnick, and Ciattarelli are among five declared candidates on the Republican side of the governor’s race, along with real estate broker Robert Canfield and former state Sen. Ed Durr.
There are also four declared Democratic candidates: Newark Mayor Ras Baraka, Jersey City Mayor Steve Fulop, Montclair Mayor Sean Spiller, and former state Senate President Stephen Sweeney. Others are expected to follow.
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Brent Johnson may be reached at bjohnson@njadvancemedia.com. Follow him on X at @johnsb01.
