Sponsored by:
Senator JOSEPH P. CRYAN
District 20 (Union)
SYNOPSIS
Requires automatic recounts for elections decided by vote differential of 0.5 percent or less.
CURRENT VERSION OF TEXT
As introduced.
An Act requiring automatic recounts for certain elections and amending R.S.19:28-1 and R.S.19:28-2.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.19:28-1 is amended to read as follows:
19:28-1. a. When the results of any election show that the election was decided by a vote differential of 0.5 percent or less of the votes cast, there shall be an automatic recount of votes of that election.
b. When [any] the losing candidate at any election decided by a vote differential of greater than 0.5 percent of the votes cast shall have reason to believe that an error has been made in counting the votes of that election, the losing candidate may, within a period of 3 days after the certification of the results of the election, apply to a judge of the Superior Court assigned to the county wherein such district or districts are located, for a recount of the votes cast at the election in any district or districts
c. When ten voters at any election decided by a vote differential of greater than 0.5 percent of the votes cast shall have reason to believe that an error has been so made in counting the votes upon any public question at any election, such voters may, within a period of 3 days after the certification of the results of the election, apply to a judge of the Superior Court assigned to the county wherein such district or districts are located, for a recount of the votes cast at the election in any district or districts on such public question.
(cf: P.L.2023, c.124, s.5)
2. R.S.19:28-2 is amended to read as follows:
19:28-2. Any applicant or group of applicants, including a losing candidate, as the case may be, for such recount, upon applying therefor, shall deposit with the county clerk or such other public officer or officers as such judge shall direct, such sum of money proportioned to the number of votes to be counted but not exceeding twenty-five dollars ($25.00) for any one district recount of which is asked, as the judge shall order as security for the payment of the costs and expenses of the recount in case the original count be confirmed. Such judge shall fix and determine the amount of compensation to be paid for making the recount, and the costs and expenses thereof. If it appears that an error or errors have occurred as a result of which the election is changed or the difference in the vote between any candidate and any other candidate for the same office or between the negative and affirmative of any such public question is altered in any district by more than ten votes or ten per centum (10%) of the total vote cast in the district, whichever is the greater, the costs and expenses of the recount of such district shall be paid by the State, county or municipality in and for which the election was held, upon the warrant of such judge, as other election expenses are paid. If no error shall appear sufficient to produce such change, the costs and expenses of the recount shall be paid out of the deposit made as security by the party or parties making the application.
When there is an automatic recount of votes cast in an election due to a vote differential of 0.5 percent or less, pursuant to subsection a. of P.L. , c. (C. ) (pending before the Legislature as this bill), the State shall incur the costs and expenses of conducting an automatic recount.
(cf: P.L.1953, c.19, s.28)
3. This act shall take effect immediately.
STATEMENT
This bill requires automatic recounts for elections decided by a vote differential of 0.5 percent or less.
Currently, when a candidate or 10 or more voters at any election have reason to believe that an error has been made in counting the votes of that election, the candidate or voters may, within a period of 3 days after the certification of the results of the election, apply to a judge of the Superior Court for a recount of the votes cast at the election in any district.
Under the bill, there will be an automatic recount if there is a 0.5 percent or less vote differential in the votes cast for an election. The recount will be paid for by the State. If the vote differential is greater than 0.5 percent, the losing candidate or 10 or more voters may request a recount.