New Jersey holds state legislative elections on November 6, 2007. This year, for the first time, New Jersey has a public funding program for legislative candidates, but only in 3 districts. Libertarian nominee James Scheurer, a financial manager in West Windsor, New Jersey, expects to qualify in his district, the 14th district. If he does qualify, he will be the first minor party or independent legislative candidate in New Jersey to receive public funding.

The New Jersey program is highly discriminatory. If a Republican or Democrat receives $10 contributions from 400 individuals in his or her district, the Democrat or Republican receives $46,000. But any other candidate who receives $10 contributions from 400 individuals in the district gets $21,000. Furthermore, for every $10 contribution beyond 400, the Democratic or Republican gets another $1,200. But for every $10 contribution beyond 400 that any other candidate gets, he or she only gets an additional $52. The maximum that a Democrat or Republican can receive is $534,375; but the maximum that anyone else can receive is $53,000.

The Connecticut public funding law, which is also discriminatory, starts in 2008. The ACLU filed a lawsuit in 2006 on behalf of the Green Party against the discriminatory aspects of the Connecticut law, and a decision on whether a trial is needed to resolve the Connecticut case is expected any day now.

The public funding laws in Maine and Arizona do not discriminate for or against anyone on the basis of partisan affiliation or lack of partisan affilation. The bill for public funding in New Hampshire does not discriminate, nor does the initiative being circulated in Alaska. However, the California bill that will be taken up by the 2008 legislature does discriminate.