Sponsored by:
Senator JOSEPH PENNACCHIO
District 26 (Morris and Passaic)
SYNOPSIS
Permits party member, candidate, or designee to be present for ballot position draw and inspect materials used for drawing; requires officials conducting ballot draw to provide notice of date, time, and location of drawing.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the process for conducting the drawing of candidate names to determine their ballot position and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.19:14-12 is amended to read as follows:
19:14-12. The county clerk shall draw lots in his county to determine which columns the political parties which made nominations at the next preceding primary election shall occupy on the ballot in the county. The name of the party first drawn shall occupy the first column at the left of the ballot, and the name of the party next drawn shall occupy the second column, and so forth.
The position which the names of candidates, and bracketed groups of names of candidates nominated by petitions for all offices, shall have upon the general election ballot, shall be determined by the county clerks in their respective counties.
The manner of drawing the lots shall be as follows: paper slips with the names of each political party written thereon, shall be placed in capsules of the same size, shape, color and substance and then placed in a covered box with an aperture in the top large enough to admit a man's hand and to allow the capsules to be drawn therefrom.
Each political party participating in the drawing of lots shall be entitled to designate a member of the party to be present for the drawing, who shall be entitled to inspect the paper slips upon which the names of each political party are to be written, the capsules in which the paper slips are placed, and the box from which the capsules are to be drawn before the drawing begins, after each name is drawn, and at the conclusion of the drawing. The county clerk shall notify each political party participating in the drawing of the date, time, and location of the drawing not less than 72 hours prior to when the drawing is scheduled to begin.
The box shall be well shaken and turned over to thoroughly intermingle the capsules. The county clerk or his deputy shall at his office, draw from the box each capsule separately without knowledge on his part as to which capsule he is drawing.
The person making the drawing shall open the capsule and shall make public announcement at the drawing of each name, the order in which name is drawn and the office for which the drawing is made.
Where there is but one person to be elected to an office, the names of the several candidates who have filed petitions for such office shall be written upon paper slips and placed in separate capsules of the same size, shape, color and substance. The capsules shall be placed in a covered box with an aperture in the top large enough to admit a man's hand and to allow the capsules to be drawn therefrom.
Each candidate participating in the drawing of lots, or their designee, shall be entitled to be present for the drawing and to inspect the paper slips upon which the names of each candidate are to be written, the capsules in which the paper slips are placed, and the box from which the capsules are to be drawn before the drawing begins, after each name is drawn, and at the conclusion of the drawing. The county clerk shall notify each candidate participating in the drawing of lots of the date, time, and location of the drawing not less than 72 hours prior to when the drawing is scheduled to begin.
The box shall be turned and shaken thoroughly to mix the capsules and the capsules shall be withdrawn one at a time.
When there is more than one person to be elected to an office where petitions have designated that certain candidates shall be bracketed, the position of such bracketed names on the ballot (each bracketed group to be treated as a single name), together with individuals who have filed petitions for such office, shall be determined as above described.
Any legal voter of the county or municipality, as the case may be, shall have the privilege of witnessing the drawing.
The name or names of the candidate or bracketed group of candidates first drawn from the box shall be printed directly below the proper title of the office for which they were nominated, and the name or names of the candidate or bracketed group of candidates next drawn shall be printed next in order, and so on, until the last name or bracketed group of names shall be drawn from the box.
The arrangement of names of any bracketed group of candidates for any office for which more than one are to be elected shall be printed in the same order on the ballot as they were arranged on the petition of nomination.
The drawing for the positions which the names of candidates and bracketed groups of names of candidates, nominated by petition for office, and for the columns which the political parties which made nominations at the next preceding primary election and for the general election shall occupy upon the general election ballot, shall be held at 3 o'clock in the afternoon of the eighty-fifth day prior to the day of the general election.
(cf: P.L.2011, c.134, s.22)
2. R.S.19:23-24 is amended to read as follows:
19:23-24. The position which the candidates and bracketed groups of names of candidates for the primary for the general election shall have upon the ballots used for the primary election for the general election, in the case of candidates for nomination for members of the United States Senate, Governor, members of the House of Representatives, members of the State Senate, members of the General Assembly, choice for President, delegates and alternates-at-large to the national conventions of political parties, district delegates and alternates to conventions of political parties, candidates for party positions, and county offices or party positions which are to be voted for by the voters of the entire county or a portion thereof greater than a single municipality, including a congressional district which is wholly within a single municipality, shall be determined by the county clerks in their respective counties; and, excepting in counties where R.S.19:49-2 applies, the position on the ballot used for the primary election for the general election in the case of candidates for nomination for office or party position wherein the candidates for office or party position to be filled are to be voted for by the voters of a municipality only, or a subdivision thereof (excepting in the case of members of the House of Representatives) shall be determined by the municipal clerk in such municipalities, in the following manner: The county clerk, or the county clerk's deputy, or the municipal clerk or the municipal clerk's deputy, as the case may be, shall at the clerk's office on the 61st day prior to the primary election for the general election at three o'clock in the afternoon draw from the box, as hereinafter described, each card separately without knowledge on the clerk's part as to which card the clerk is drawing.
Each candidate participating in the drawing of lots, or their designee, shall be entitled to be present for the drawing and to inspect the cards upon which the names of each candidate are to be written and the box from which the cards are to be drawn before the drawing begins, after each name is drawn, and at the conclusion of the drawing. The county clerk or municipal clerk, as the case may be, shall notify each candidate participating in the drawing of lots of the date, time, and location of the drawing not less than 72 hours prior to when the dra