A5886

An Act concerning the filling of vacancies from this State in the United States House of Representatives 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.19:3-27 is amended to read as follows:

19:3-27. When a vacancy shall happen in the representation of this [state] State in the United States [house of representatives] House of Representatives, it shall be the duty of the [governor] Governor to issue a writ of election to fill such vacancy, within 10 days of the occurrence of the vacancy, unless the term of service for which the person whose office shall become vacant will expire [within six months next] less than 135 days after the happening of the vacancy.

(cf: R.S.19:3-27)

2. 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. 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. 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, except that in the case of a special election to fill a vacancy in any office, the drawing for the positions which the names of candidates shall occupy upon the special election ballot shall be held as soon as practicable following the special primary election for the special election, or the nomination of candidates by the respective political parties pursuant to R.S.19:13-20, as appropriate, provided that the public shall be given sufficient notice to witness the drawing.

(cf: P.L.2011, c.134, s.22)

3. R.S.19:27-4 is amended to read as follows:

19:27-4. When any vacancy happens in the representation of this State in the United States Senate or in the House of Representatives, the Governor shall, within 10 days of the occurrence of the vacancy, issue a writ of election to fill the same unless the term of service of the person whose office shall become vacant will expire [within six months next] less than 135 days after the happening of the vacancy and except as hereinafter provided.

(cf: P.L.1988, c.126, s.2)

4. R.S.19:27-6 is amended to read as follows:

19:27-6. In the case of a vacancy in the representation of this State in the United States Senate [or House of Representatives], the writ may designate the next general election day for the election, but if a special day is designated, it shall specify the cause and purpose of such election, the name of the officer in whose office the vacancy has occurred, the day on which a special primary election shall be held, which shall be not less than 70 days nor more than 76 days following the date of such proclamation, and the day on which the special election shall be held, which shall be not less than 64 nor more than 70 days following the day of the special primary election. [The writ shall also specify the day or days when the district boards shall meet for the purpose of making, revising or correcting the registers of voters to be used at such special election.]

If the vacancy happens in the representation of this State in the United States Senate the election shall take place at the general election next succeeding the happening thereof, unless the vacancy shall happen within 70 days next preceding the primary election prior to the general election, in which case it shall be filled by election at the second succeeding election, unless the Governor shall deem it advisable to call a special election therefor, which he is authorized hereby to do.

[If the vacancy happens in the representation of this State in the House of Representatives in any year, not later than the 70th day prior to the day for holding the next primary election for the general election, the Governor shall issue a writ of election to fill such vacancy, designating in said writ the next general election day as the day on which the election shall be held to fill such vacancy. The nomination of candidates to fill such vacancy shall be made in the same manner as the nomination of other candidates at the said primary election for the general election.]

(cf: P.L.2011, c.37, s.17)

5. R.S.19:27-9 is amended to read as follows:

19:27-9. The county board of each of such counties shall forthwith after the receipt of a copy of such writ cause the same to be published at least once [a week until the time of such primary, general or special election] in at least two newspapers printed and published in the county, if so many there be, not less than 45 days prior to the primary, general, or special election.

The publication of the writs shall be at the expense of the State if the election shall be held to fill a vacancy in the representation of the State in the United States Senate or in the House of Representatives.

(cf: P.L.1988, c.126, s.5)

6. Section 1 of P.L.1945, c.206 (C.19:27-10.1) is amended to read as follows:

1. [When a vacancy, howsoever caused, happens in the representation of this State in the House of Representatives in any year later than the 70th day prior to the day for holding the primary election for the general election but before the 70th day preceding the day of the general election, and the unexpired term to be filled exceeds one year, the Governor, in issuing a writ of election to fill such vacancy, may designate in said writ the next general election day as the day on which the election shall be held to fill such vacancy and that no primary election shall be held for nomination of candidates to fill such vacancy.]

a. In the case of a vacancy in the representation of this State in the House of Representatives, the writ shall designate the next general election day or a special election day for the election, in accordance with subsection b. of this section. If a special day is designated for the election, the writ shall specify the cause and purpose of such election, the name of the officer in whose office the vacancy has occurred, and the day on which the special election shall be held.

b. (1) When a vacancy, howsoever caused, happens in the representation of this State in the House of Representatives and the unexpired term to be filled equals or exceeds 180 days, the writ shall designate the day on which a special primary election shall be held, which shall be not less than 70 days nor more than 76 days following the date of such proclamation, except that, if a primary election is to be held within 55 days following the day on which the special primary election is to be held, the writ may designate the special primary election to be held on the same day as the primary election. The writ shall also designate the day on which the special election shall be held, which shall be not less than 64 nor more than 70 days following the day of the special primary election.

(2) When a vacancy, howsoever caused, happens in the representation of this State in the House of Representatives and the unexpired term to be filled is less than 180 days, but in no case less than 135 days, the writ shall designate a special day as the day on which the election shall be held to fill such vacancy, which shall be not less than 70 days nor more than 76 days following the date of such proclamation, and that no primary election shall be held for the nomination of candidates to fill such vacancy.

In such case, each political party shall select its candidate to fill such vacancy in the same manner prescribed in R.S.19:13-20 for selecting candidates to fill vacancies arising among candidates nominated at primary elections, except that the time for making such selection and filing the statement thereof shall be within 10 days following the issuance of the writ of election.

In such case, petitions of nomination of other candidates shall be filed in the office of the Secretary of State within 10 days of the date of such proclamation.

The Secretary of State on the eleventh day following the date of such proclamation shall certify to the clerk and county board of each county affected by the vacancy, a statement of all candidates selected and nominated for the office so vacated.

The election to fill such vacancy shall in all other respects be conducted as though it were being conducted to fill the office upon the expiration of the term of the incumbent.

(3) When a vacancy, howsoever caused, happens in the representation of this State in the House of Representatives and the unexpired term to be filled is less than 135 days, no writ shall be issued and no special election shall be held to fill such vacancy.

(cf: P.L.2011, c.37, s.18)

7. This act shall take effect immediately.

STATEMENT

This bill expedites the process for filling a vacancy from this State in the United States House of Representatives under certain circumstances.

Under current law, and pursuant to the United States Constitution and federal law, vacancies in the United States House of Representatives are required to be filled by special election. In contrast to the provisions for filling vacancies in the United States Senate, where the Governor may make a temporary appointment to fill the vacancy until it can be filled by election for the unexpired term, the United States Constitution does not provide for the temporary appointment of a Representative. The Governor has the responsibility to issue a writ of election to fill the vacancy, while the Legislature may prescribe by law the election’s scheduling. Current law provides that it is the duty of the Governor to issue a writ of election to fill such vacancy, unless the term of service for the vacant office will expire within six months after the happening of the vacancy. Therefore, if the vacancy happens on or after July 3 of the second year of the Representative’s two-year term of office, the vacancy is not required to be filled.

Current Law Circumstances and Timeframes

Current law specifies three different vacancy scenarios under which the Governor is required or permitted to designate the next general election day to fill the vacancy, permitted to designate a special election day to fill the vacancy, and whether a primary election or a special primary election is required to nominate the candidates for election.

(1) General Election With a Primary Election – if the vacancy happens in any year, not later than the 70th day prior to the day for holding the next primary election for the general election, the Governor is required to issue a writ of election to fill the vacancy designating the next general election day as the day on which the election will be held to fill such vacancy, with the nomination of candidates made in the same manner as the nomination of other candidates at said primary election. This scenario would typically cover vacancies occurring in January, February, and most of March of either year of the Representative’s two-year term of office, with the primary election occurring in June and the general election occurring in November.

(2) General Election Without a Primary Election – if the vacancy happens in any year later than the 70th day prior to the day for holding the primary election for the general election but before the 70th day preceding the day of the general election, and the unexpired term to be filled exceeds one year, the Governor is permitted to designate the next general election day as the day on which the election will be held to fill such vacancy, and that no primary election will be held for the nomination of candidates. Each political party selects its candidate to fill such vacancy in the same manner as under current law for selecting candidates to fill vacancies that arise among candidates that won the primary election and were thereby nominated to appear on the general election ballot. This scenario would typically cover vacancies occurring in the period from the last days of March through the last days of August, but only in the first year of the Representative’s two-year term of office, with the general election occurring in November.

(3) Special Election With a Special Primary Election – the Governor is permitted in the writ of election to designate a special day for the election to fill the vacancy, specifying the day on which a special primary election must be held, which must be not less than 70 days nor more than 76 days following the issuance of the writ, and specifying the day on which the special election must be held, which must be not less than 64 days nor more than 70 days following the day of the special primary election. Under this scenario, the special election to fill the vacancy could occur approximately 134 to 143 days after the issuance of the writ of election. Current law does not specify a timeframe for the Governor to issue the writ of election.

Timeframes Under the Bill

This bill provides for an expedited process for filling a vacancy from this State in the United States House of Representatives. Specifically, the bill establishes a timeframe of within 10 days of the occurrence of the vacancy for the Governor to issue a writ of election. The bill also removes the requirement that the election to fill the vacant seat be held on the same day as the next upcoming general election, and instead allows for a special election date to be designated.

The bill specifies two ways in which a vacancy will be filled:

(1) when the unexpired term to be filled equals or exceeds 180 days, the writ will designate the day on which a special primary election will be held, which will be not less than 70 days nor more than 76 days following the date of such proclamation, except that if a primary election is already scheduled to be held within 55 days following the day on which the special primary would be held, the writ may designate the special primary to be held on the same day as the regularly scheduled primary election. The special election will then be held not less than 64 nor more than 70 days following the day of the special primary election; or

(2) when the unexpired term to be filled is less than 180 days, but in no case less than 135 days, the writ will designate a special day as the day on which the election will be held to fill such vacancy, which will be not less than 70 days nor more than 76 days following the date of such proclamation, and no primary election will be held for the nomination of candidates to fill such vacancy.

The 180-day timeframe is based upon the amount of time required for the Governor to issue a writ for the election (up to 10 days), to conduct a primary election (70 to 76 days), to conduct a general election (64 to 70 days), to audit and certify the election results (up to 30 days), and have a new member take office.

If a vacancy occurs in the final 135 days of an unexpired term, the seat will remain vacant until the start of a new term.

Other Elections Procedures

The bill also updates certain statutory language to reflect current practices and procedures. The bill removes language that required the writ of election to specify the day or days when the district boards would meet for the purpose of making, revising or correcting the registers of voters to be used at such special election. This no longer reflects standard practice.

The bill further revises the requirement that notice of the special election be published once every week until the election is held, instead requiring that notice be published only once at least 45 days prior to the election. Under current law, all voters will receive additional notice by mail, in the form of a sample ballot or mail-in ballot.

Finally, the bill specifies that, when a special election is to be held, the draw for candidate ballot position will be held as soon as practicable following the special primary election, provided that members of the public are given sufficient notice to witness the drawing. Current law does not distinguish between the ballot draw timelines for an election under normal timelines and the expedited process for filling vacancies.