Sponsored by:
Senator JOSEPH P. CRYAN
District 20 (Union)
SYNOPSIS
Requires all candidate nominating petitions be posted online; requires determination of appeals to petition challenges be conducted by judge with sufficient election law expertise.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the process for challenging candidate nominating petitions and amending R.S.19:13-9, R.S.19:13-12, and R.S.19:23-14.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.19:13-9 is amended to read as follows:
19:13-9. All such petitions and acceptances thereof shall be filed with the officer or officers to whom they are addressed before 4:00 p.m. of the day of the holding of the primary election for the general election in this Title provided. All petitions when filed shall be open under proper regulations for public inspection. All petitions shall be posted by the officer or officers to whom they are addressed to the respective official Internet site not later than 4:00 p.m. of the second day after the last day for filing of petitions.
Notwithstanding the above provision, all petitions and acceptances thereof nominating electors of candidates for President and Vice President of the United States, which candidates have not been nominated at a convention of a political party as defined by this Title, shall be filed with the Secretary of State before 4:00 p.m. of the 99th day preceding the general election in this Title provided. All petitions when filed shall be opened under proper regulations for public inspection. All petitions shall be posted by the Secretary of State to the Division of Elections official Internet site not later than 4:00 p.m. of the 97th day preceding the general election in this Title provided.
The officer or officers shall transmit to the Election Law Enforcement Commission the names of all candidates, other than candidates for federal office, nominated by petition and any other information required by the commission in the form and manner prescribed by the commission and shall notify the commission immediately upon the withdrawal of a petition of nomination.
(cf: P.L.1998, c.147, s.2)
2. R.S.19:13-12 is amended to read as follows:
19:13-12. [Any] A judge of the Superior Court with sufficient experience in cases relating to election laws in this State, as determined by the assignment judge in the jurisdiction in which the application or complaint is made, in the case of candidates to be voted for by the electors of the entire State or of more than one county thereof, and in all other cases a judge of the Superior Court with sufficient experience in cases relating to election laws in this State, as determined by the applicable assignment judge, and assigned to the county in which any petition of nomination shall be filed, on the application or complaint, duly verified, of any candidate, which application or complaint shall be made on or before the twelfth day after the last day for the filing of petitions, setting forth any invasion or threatened invasion of his rights under the petition of nomination filed with the Secretary of State or with any county clerk, shall hear such application or complaint in a summary way and make such order thereon as will protect and enforce the rights of such candidates, which order or determination shall be filed within three days after the filing of the application or complaint.
Notwithstanding the above provision, in the case of a nomination petition or petitions for electors of candidates for President and Vice President of the United States, which candidates have not been nominated at a convention of a political party as defined by this Title, any judge of the Superior Court with sufficient experience in cases relating to election laws in this State, as determined by the assignment judge in the jurisdiction in which the application or complaint is made, on the application or complaint, duly verified, of any candidate, which application or complaint shall be made at least 95 days before the general election, setting forth any invasion or threatened invasion of his or her rights under the petition of nomination filed with the Secretary of State, shall hear such application or complaint in a summary way and make such order thereon as will protect and enforce the rights of such candidates, which order or determination shall be filed within three days after the filing of the application or complaint.
(cf: P.L.1998, c.147, s.4)
3. R.S.19:23-14 is amended to read as follows:
19:23-14. Petitions addressed to the Secretary of State, the county clerks, or the municipal clerks shall be filed with such officers, respectively, before 4:00 p.m. of the 71st day next preceding the day of the holding of the primary election for the general election.
All petitions shall be posted by the officer or officers to whom they are addressed to the respective official Internet site not later than 4:00 p.m. on the 69th day next preceding the day of the holding of the primary election for the general election.
Not later than noon of the
61st day preceding the primary election for the general election, the municipal
clerk shall certify to the county clerk the full and correct names and
addresses of all candidates for nomination for public and party office and the
name of the political party of which such persons are candidates together with
their slogan and designation. The county clerk shall transmit this information
to the Election Law Enforcement Commission in the form and manner prescribed by
the commission and shall notify
the commission immediately upon the withdrawal of a petition of nomination.
(cf: P.L.2022, c.70, s.2)
4. This act shall take effect on January 1 next following the date of enactment.
STATEMENT
This bill requires all candidate nominating petitions to be posted online and requires the determination of petition challenges to be conducted by a judge of the Superior Court with sufficient expertise in the election laws of this State.
Under current law, all petitions filed for the direct nomination of candidates for the general election must be open under proper regulations for public inspection. This bill requires all petitions filed for the nomination of candidates for the primary election and the general election to be posted online on an official website by the officer or officers to whom they are addressed within a certain timeframe.
Under current law, the officer with whom the original petition was filed, or the Secretary of State in certain cases, must make a determination on the objection to a petition in a summary way, unless an order is required to be made in the matter by a court of competent jurisdiction. This determination can then be appealed to various judges across the State, with varying levels of expertise on matters of election law. This bill requires that the appeals be heard by a judge of the Superior Court with sufficient experience in cases relating to election laws in this State, as determined by the assignment judge in the jurisdiction in which the application or complaint is made.