As one of his fabled labors, Hercules diverted two rivers to clean out the Augean stables, where countless cattle had contributed to the muck of decades. New Jersey’s lawmakers could begin a similarly needed housecleaning by closing a loophole in the state’s play-to-play law that has allowed shady deals to continue on the local level. Last week, state Comptroller Matthew Boxer issued a report spelling out rampant abuse of the law that was supposed to have stopped elected officials from handing out government contracts to campaign contributors or other favored vendors. In the words of Mr. Boxer, it is fatally flawed. Local governments have been exploiting a loophole in the 2004 law that allows them to award contracts to any vendor — regardless of how much money they contribute to candidates — as long as they use a “fair and open” decision-making process. “Fair and open” could mean anything. While local officials do have to submit written requirements to all interested bidders, there is no way to verify if those criteria are appropriate, if they are applied fairly, or if they are even used. The “fair and open” exemption also fails to require local governments to document their rationale for selecting a particular vendor. If there is any transparency associated with this system, it is the transparent maneuvers of the well connected to secure lucrative contracts. Meanwhile, the officials awarding those contracts are regulating themselves. In a state known for navigating by corruption and connections, it’s hardly surprising such deals continue. Stricter regulation on the state level prevents any vendor who has made a political donation of $300 or more from receiving state contracts. While a few municipalities already have enacted their own pay-to-play ordinances, the vast majority of the others need some guidelines. Mr. Boxer and the head of the Election Law Enforcement Commission are asking lawmakers to require that local governments abide by the tougher state standards. It should not be a difficult legislative task; there is already some momentum. Gov. Christie just last year proposed eliminating the “fair and open“ exemption and extending the state-level ban on pay-to-play to all levels of government. Some lawmakers, including state Sen. Loretta Weinberg, have advocated reforms in the system for years. The gaping loophole is something all lawmakers, regardless of party, should move to correct. While no legislation, however stringent, will put an end to all influence peddling or corruption, giving the law already on the books some teeth could forestall the most blatant abuses. And that would be a start toward the herculean task of bringing true transparency to New Jersey.

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