In 1978, when Governor Brendan Byrne cut the ribbon for the opening of New Jersey’s first casino and hotel, Resorts International, he did so reluctantly. He had strong personal reservations about the potential for organized crime to infiltrate the new and burgeoning casino and hotel industry. Furthermore, as the former Essex County prosecutor and a judge on the state’s trial court, the governor was also deeply concerned about the potential for corruption.

So it is no surprise that the Casino Control Act, in N.J.S.A. 5:12-138, included a broad prohibition on any applicant or holder of a casino license from contributing to any candidate or holder of public office in New Jersey. Given the governor’s concerns, his recent reelection, and the public’s desire to see the gaming industry succeed, no one at the time challenged the prohibition.