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Legal Advertising Requirements
Requirement to Submit Circulation Affidavit
The New Jersey Statute governing Public Notice Advertising (Title 35) requires that annually newspapers must submit affidavits of circulation to every governing body whose legal notices the paper is qualified to publish. This procedure is neglected by many newspapers. Please make sure yours is not one of them.
In section 35:2-1. RATES FOR OFFICIAL ADVERTISING. Following the rate schedule section, the following language appears:
What this means, in laymen’s terms, is sometime after September 30 and before January 1, the newspaper must send an affidavit to each municipality or governing body whose legal notices the paper is qualified to carry. This affidavit must state your newspaper’s average paid circulation for the previous year, between October 1 and September 30, and the rate this qualifies you to charge that governing body for their legal (public notice) advertising.
NJPA Legal Counsel Tom Cafferty has developed sample affidavit language to use:
Legal Advertising Rates
The rate shall be calculated on the basis of the space that a line of 6-point type, 8 picas wide, would occupy.
New Jersey Statutes, Title 35: Legal Advertising - Link to state law governing legal newspapers.
Legal Newspaper Qualifications - Questions from NJPA members, answered by NJPA Legal Counsel