S4142 1R

An Act concerning the design and use of primary election ballots and primary election procedures, supplementing Title 19 of the Revised Statutes, amending various parts of the statutory law, and repealing various parts of the statutory law.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) The Legislature finds and declares that:

a. The Elections Clause of the United States Constitution grants the State with the right and ability to make laws concerning the time, place, and manner of elections.

b. State and Federal courts have frequently deferred to the State Legislature to enact such laws and balance the respective interests of the State, candidates for offices, and the voters, “a function for which the Legislature is uniquely fitted.”

c. As per the ruling of Judge Quraishi of the United States District Court for the District of New Jersey, the bracketing structure used in New Jersey’s primary election ballots was primarily created by the combined effect of three statutes: R.S.19:23-24; section 1 of P.L.1981, c.71 (C.19:23-26.1); and R.S.19:49-2.

d. The combined effect of these three statutes created unique ballot conditions such as incongruous separation, preferential placement for certain candidates based upon the drawing of candidates for different offices, and improper placement of certain candidates amongst candidates for different offices on the ballot. These conditions led to two legal challenges in federal district court, where Plaintiffs asserted that the bracketing structure impermissibly burdened their rights under the First Amendment of the United States Constitution.

e. Prior to a decision being reached in either of these cases, the leaders of the New Jersey State Legislature committed to remedying the combined effect of these statutes and pledged to design a new primary election ballot for use in this State.

f. In furtherance of this commitment, the General Assembly convened the Select Committee on Ballot Design, comprised of an equal number of members of both parties in the General Assembly.

g. The Select Committee on Ballot Design met in a series of five public hearings to take testimony from experts and the public alike in order to better understand the issue and balance the interests of the many perspectives presented.

h. The design of the new primary election ballot, to be established by this act, P.L. , c. (pending before the Legislature as this bill), took into consideration the expertise of:

(1) the county clerks and election officials, who are ultimately responsible for implementation of the design;

(2) the National Conference of State Legislatures, which provided the committee with expert testimony and research concerning ballot design and other election matters, including the relevant practices in other states;

(3) the Center for Civic Design, which provided the committee with expert testimony, and whose research and guidance on standardized and user-friendly ballot design principles are publicly available; and

(4) members of the public, many of whom spoke in support of an office block ballot design.

i. The new ballot design for primary election ballots also seeks to further important government interests, such as ensuring timely and orderly election processes, of which the primary election is an integral part.

j. As the most critical stage in the electoral process is the instant before the vote is cast, the design for the new primary election ballots seeks to:

(1) ensure that voters can understand the ballot;

(2) maintain a manageable ballot;

(3) reduce voter confusion;

(4) provide voters with information as to the policy positions and endorsements of the candidates running for office; and

(5) allow voters to quickly find their preferred choice of candidate for a given office and cast their vote.

k. Additionally, the State has an important interest in fostering an informed and educated electorate who may express their political opinions through the casting of their vote.

l. The design of the new primary ballot preserves the ability of political parties to make endorsements, since party labels provide a shorthand designation of the views of party candidates, and the identification of candidates with a particular party plays a role in the process by which voters inform themselves for the exercise of the franchise.

m. This design also takes into consideration the First Amendment rights of political parties and their governing bodies, recognizing that primary elections are, at their core, a function of the party and therefore not a public affair which may be overly regulated by the State. This principle has routinely been upheld by the United States Supreme Court and courts in New Jersey.

n. This design seeks also to preserve the First Amendment rights of candidates who wish to legitimately associate with one another through the use of common slogans, without requiring that any candidates associate, while also safeguarding against abuses of the candidate slogans, such as the use of misleading or false slogans which could be deceptive to a reasonable voter.

2. (New section) a. All primary election ballots used in this State shall comply with the following design standards:

(1) the oval or space for the voter to mark a vote shall be to the left or to the right of the name of each candidate, and each candidate’s name shall appear flush next to and aligned with the oval or space in a consistent manner which does not create any visual distinction between candidate names;

(2) all text shall be written in plain, simple language, to the extent possible, and shall avoid overly technical language;

(3) candidates shall be arranged by office sought in an office block format, each office block shall be separated on the ballot from other office blocks, and candidates for the same office shall be listed within the same office block without a page break appearing between their names, and as further provided under R.S.19:23-25;

(4) all office blocks appearing on one ballot shall be designed according to the same standards of design, consistent with the provisions of this section;

(5) all spacing, ruling, and delineation of candidates shall be consistent and uniform within each office block and across all office blocks included on each ballot, so as not to create a separation or visual distinction between the names of any candidates ¹[, except that the county clerk may modify the spacing, ruling, or delineation applied to associated candidates so as to indicate such association]¹; and

(6) candidate ballot draw positions shall be labeled using a letter and number, such as “1A”, corresponding to the office block and line each candidate is placed on, and such label shall be placed next to a candidate’s name.

b. No primary election ballot used in this State shall be designed in a manner that creates for a candidate on the ballot an incongruous separation from other candidates seeking the same office, positions a candidate on the ballot among candidates for a different office, or brackets candidates together on the ballot so as to position a candidate based upon a drawing for ballot position for a different candidate for a different office.

No primary election ballot used in this State shall include any distinguishing mark or notation, except as otherwise provided by law.

c. Each county clerk shall:

(1) allow for the placement of a slogan or endorsement of not more than six words next to or below the names of candidates, in the same font and color as the name, but in a smaller font size, provided that the slogan or endorsement shall not be in bold or italicized fonts, and provided that the slogan or endorsement complies with R.S.19:23-17;

(2) allow candidates for the same office with multiple open seats to associate in the same office block, using a common slogan or endorsement, next to or below the associated candidate names, in compliance with the provisions of R.S.19:23-18; and

(3) indicate the association of candidates for the same or different offices using a common slogan or endorsement next to or below each of the candidates’ names, as provided by R.S.19:23-17.

d. In addition to complying with the provisions of this section, each county clerk may arrange and design the ballot in either landscape or portrait orientation.

e. The Secretary of State, in consultation with all county clerks, shall promulgate uniform guidelines for all county clerks to follow in order to comply with the requirements of this section.

3. R.S.19:23-17 is amended to read as follows:

19:23-17. a. Any person [indorsed] endorsed as a candidate for nomination for any public office or party position whose name is to be voted for on the primary [ticket] ballot of any political party, may, [by indorsement] on the petition of nomination in which [he is indorsed] the candidate is endorsed, request that there be printed [opposite his] next to or below the candidate’s name on the primary [ticket a designation] ballot a slogan or endorsement, in not more than six words, as named by [him] the candidate in such petition, for the purpose of indicating either any official act or policy to which [he] the candidate is pledged or committed, or to distinguish [him] the candidate as belonging to a particular faction or wing of [his] the candidate’s political party [; provided, however, that no such designation] , or to indicate the endorsement of a person or incorporated association.

b. (1) No slogan or endorsement shall include or refer to the name of any person or any incorporated association [of this State] existing at the time the candidate files the petition of nomination unless the written consent of such person or incorporated association [of this State] has been filed with the petition of nomination of such candidate or [group of] candidates. If a person or incorporated association wishes to revoke their consent as provided pursuant to this paragraph, the person or incorporated association shall notify the Secretary of State, county clerk, or municipal clerk, as the case may be, in writing and the Secretary of State or the clerk shall accept such revocation, provided that notice of such is received prior to the date on which the draw for ballot position is conducted pursuant to R.S.19:23-24.

(2) No slogan or endorsement shall include or refer to any lawfully registered trademark of any person or incorporated association unless the written consent of such person or incorporated association has been filed with the petition of nomination of such candidate or candidates. If a person or incorporated association wishes to revoke their consent as provided pursuant to this paragraph, the person or incorporated association shall notify the Secretary of State, county clerk, or municipal clerk, as the case may be, in writing and the Secretary of State or the clerk shall accept such revocation, provided that notice of such is received prior to the date on which the draw for ballot position is conducted pursuant to R.S.19:23-24.

c. The Secretary of State, county clerk, or municipal clerk, as the case may be, may reject a slogan or endorsement which is so substantially similar to that of another candidate that a reasonable voter could be misled or deceived into falsely believing that the candidates are running together under the same slogan or endorsement when the candidates have not requested to share such a slogan or endorsement. The Secretary of State, county clerk, or municipal clerk, as the case may be, shall notify the candidate or candidates requesting such slogan or endorsement in writing of the reasons for the rejection, and the candidate or candidates shall be given the opportunity to select an alternative slogan or endorsement.

If the candidate or candidates who have been denied their first choice of slogan or endorsement pursuant to this section disagree with the decision of the Secretary of State, county clerk, or municipal clerk, as the case may be, the candidate or candidates shall have the right to appeal this decision to a judge of the Superior Court assigned to the county in which the petition of nomination was filed, and such appeal shall be heard on an expedited basis.

d. No slogan or endorsement shall include or refer to the name of any candidate appearing on the ballot in the same primary election for a different office.

e. Nothing in this section shall be construed to prohibit the use of a single word referring to the membership or affiliation of a person with a political party, as defined under R.S.19:1-1, such as “Democrat” or “Republican”, in a candidate’s slogan.

(cf: P.L.1944, c.231, s.1)

4. R.S.19:23-18 is amended to read as follows:

19:23-18. a. Several candidates for nomination to the same office with multiple open seats to be voted on at a primary election may in such petitions request that their names be [grouped together] associated, and that the common [designation] slogan or endorsement to be named by them shall be printed [opposite] next to or below their names, as permitted by R.S.19:23-17. The county clerk in the county in which a petition of nomination is filed shall accept such requests made in compliance with this section, provided that such notice is received prior to the date on which the draw for ballot position is conducted pursuant to R.S.19:23-24. If any candidate, following acceptance of such request by the county clerk, wishes to modify, supplement, or revoke the terms of their association, as indicated on their petitions at the time of filing, the candidate shall notify the county clerk in writing and the clerk shall accept such modification, supplement, or revocation, provided that such notice is received prior to the date on which the draw for ballot position is conducted pursuant to R.S.19:23-24. The clerk shall not accept any request to modify, supplement, or revoke the terms of an association received after the draw for ballot position is conducted pursuant to R.S.19:23-24.

b. If two candidates or [groups] associations of candidates seeking the same office shall select the same [designation] slogan, the secretary of state, county clerk or municipal clerks, as the case may be, shall notify the candidate or [group] associated candidates whose petition was last filed, and such candidate or [group] associated candidates shall select a new [designation] slogan.

c. If multiple candidates or associations of candidates shall receive the endorsement of the same person or incorporated association, such endorsement shall be printed next to or below all candidates having indicated such endorsement on their petitions of nomination, as permitted by R.S.19:23-17.

d. If candidates have requested to be associated pursuant to subsection a. of this section, the associated candidates shall be drawn together for position on the ballot pursuant to R.S.19:23-24. The candidates, on their petitions, shall waive their right to be drawn separately for ballot position.

(cf: R.S.19:23-18)

5. R.S.19:23-24 is amended to read as follows:

19:23-24. a. 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, other than State political party committee, 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] .

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), which nominating petitions are required to be filed in the municipal clerk’s office, shall be determined by the municipal clerk in such municipalities, [in the following manner:] except that, upon written notice by the county clerk to the municipal clerk, the county clerk shall determine the position on the ballot for such offices or party positions.

The position which the candidates shall have upon the ballots used for the primary election shall be determined as specified in this section.

b. 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. Any legal voter of the county or municipality, as the case may be, shall have the privilege of witnessing such drawing. The person making the drawing shall make public announcement at the drawing of each name, the order in which the same is drawn, and the office for which the drawing is made. When there is to be but one person nominated for the office, the names of the several candidates who have filed petitions for such office shall be written upon cards (one name on a card) of the same size, substance and thickness. The cards shall be deposited in a box with an aperture in the cover of sufficient size to admit a man's hand. The box shall be well shaken and turned over to thoroughly mix the cards, and the cards shall then be withdrawn one at a time. The first name drawn shall have first place, the second name drawn, second place, and so on; the order of the withdrawal of the cards from the box determining the order of arrangement in which the names shall appear upon the primary election ballot. Where there is more than one person to be nominated to an office where petitions have designated that certain candidates shall be [bracketed] associated pursuant to R.S.19:23-18, the position of such [bracketed] names on the ballot [(each bracket to be treated as a single name)], together with individuals who have filed petitions for nomination for such office, shall be determined as above described. Where there is more than one person to be nominated for an office and there are more candidates who have filed petitions than there are persons to be nominated, the order of the printing of such names upon the primary election ballots shall be determined as above described.

c. Candidates for nomination to the same office with multiple open seats to be voted on who wish to associate with one another and who have filed a petition of nomination and waived their right to be drawn individually in compliance with R.S.19:23-18 shall be treated as one name and shall be drawn only once under subsection b. of this section.

d. As prohibited by section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), no candidate shall have their position on the ballot determined by the position of any candidate for a different office.

e. (1) If there is only one candidate for an office to be voted on at the primary election, the candidate shall be placed first in the office block for the respective office being sought, and the drawing procedures described in subsection b. of this section shall not be required.

(2) If there are an equal number of candidates and open seats for an office, and all the candidates seeking the office have filed a petition of nomination indicating their intention to associate on the ballot pursuant to R.S.19:23-18, the candidates shall be placed upon the ballot in the order requested on their petitions of nomination, and the drawing procedures described in subsection b. of this section shall not be required.

f. The county clerk in certifying to the municipal clerk the offices to be filled and the names of candidates to be printed upon the ballots used for the primary election for the general election, shall certify them in the order as drawn in accordance with [the above described procedure] the provisions of this section, and the municipal clerk shall [print] cause to be printed the names upon the ballots as so certified and in addition shall print the names of such candidates as have filed petitions with [him] the municipal clerk in the order as determined as a result of the drawing as above described. [Candidates for the office of the county executive in counties that have adopted the county executive plan of the "Optional County Charter Law," P.L.1972, c.154 (C.40:41A-1 et seq.), shall precede the candidates for other county offices for which there are candidates on the ballot used for the primary election for the general election.]

(cf: P.L.2023, c.16, s.11)

6. R.S.19:23-25 is amended to read as follows:

19:23-25. The ballots shall be made up and printed consistent with the requirements of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) and in substantially the following form:

[Each ballot shall have at the top a coupon at least two inches deep extending across the ballot above a perforated line. The coupon shall be numbered for each of the political parties, respectively, from one consecutively to the number of ballots delivered and received by the election officers of the respective polling places. Upon the coupon and above the perforated line shall be the words "To be torn off by the judge of election. Fold to this line." Below the perforated line] At the top of each ballot shall be printed the words "Official Democratic Party Primary Ballot," or "Official Republican Party Primary Ballot," or, as the case may be, naming the proper political party, as provided in this Title; below which and extending across the ballot in one or more lines, as may be necessary, shall be printed the words ................ name of county ………….. name of municipality ................... ward ................ election district ..................... date of election ................... John Doe, [municipal] county clerk; the blank spaces shall be filled in with the name of the proper county, municipality, the ward and the district number and the date of election. The name of the [municipal] county clerk shall be a facsimile of [his] the county clerk’s signature. This heading shall be set apart from the body of the ballot by a heavy diagram rule. Below this rule shall be printed the following directions instructing the voter how to indicate [his] the voter’s choice for each office and position, and for how many persons to vote for each office and position: To vote for any person whose name is printed upon this ballot mark a cross x , plus + [or] , check [with ink or pencil in the square at the left of] , or an otherwise appropriate mark on the oval or space next to the name of such person. To vote for any person whose name is not printed upon this ballot write or paste the name in the blank space under the proper title of office and mark a cross x , plus + [or] , check [with ink or pencil in the square at the left of] , or an otherwise appropriate mark on the oval or space next to the name of such person. Below these instructions shall be printed a heavy diagram rule below which shall be printed the government levels describing the offices to be voted for below which shall be separate office blocks headed by the titles of offices and positions for which candidates are to be voted for at the primary election, together with such directions to the voter as may be necessary [,as] . "Vote for one," "Vote for two," or a greater number, as the case may be, shall be included with any other directions to the voters, and shall be printed in an obvious and conspicuous manner.

The office blocks shall be arranged in the following order:

(1) federal offices, below which shall be printed separate office blocks for choice for President or electors for President; members of the United States Senate; and members of the House of Representatives;

(2) State offices, below which shall be printed separate office blocks for Governor; members of the State Senate; and members of the General Assembly;

(3) countywide offices, below which shall be printed separate office blocks for county executive; member of the board of county commissioners; county clerk; county sheriff; and any other county offices in their respective office blocks;

(4) municipal offices, below which shall be printed separate office blocks for mayor; member of the council or municipal governing body; and any other municipal offices in their respective office blocks;

(5) any other titles of office, below which shall be printed separate office blocks for each office;

(6) delegates and alternates-at-large to the national conventions of political parties, provided that the candidates for delegates and alternates-at-large may be placed next to the office block for choice for President or electors for President;

(7) district delegates and alternates to conventions of political parties, provided that the candidates for district delegates and alternates may be placed next to the office block for choice for President or electors for President; and

(8) candidates for county party positions.

A heavy diagram rule shall be used to distinguish each office block for the different offices. Underneath the proper title of office and position shall be printed the names of all those persons certified as candidates for the offices to the municipal clerk by the county clerk as hereinbefore provided, and the names of persons [indorsed] endorsed as such candidates in petitions on file in the office of the municipal clerk as they appear signed to the certificate of acceptance. The name of any person [indorsed] endorsed in a petition as provided who shall fail to certify [his] the person’s consent and agreement to be a candidate for nomination to the office specified therein shall not be printed upon the ballots to be used at the primary election. In the case of a vacancy among nominees the name of the person selected in the manner provided in this Title to fill the same shall be printed upon the ballots in the place of the person vacating such nomination.

The candidates shall be arranged [in groups and the groups bracketed] as indicated on their petitions for nomination for the same office with multiple open seats in all cases where the petitions [indorsing] endorsing such candidates and filed in accordance with R.S.19:23-18 request [such grouping] for such candidates to be associated within the same office block. The [designation] slogan or endorsement named by candidates in their petitions for nomination, as provided by [this Title] R.S.19:23-17, shall be printed [to the right of] next to or below the names of such candidates [or groups of candidates in as large type as the space will allow].

Immediately next to [the left and on the same line with] the name of each candidate for office and position shall be printed [a square approximately one-quarter of an inch in size, or by printing vertical single line rules connecting the single line rules between the names of the candidates and thus form a square] an oval or space in which the voter shall indicate [his] the voter’s choice. [A single light-faced rule shall be used to separate the different names in each group of candidates.] A heavy diagram rule shall be used between each [group of candidates for different offices. Where candidates are arranged in groups and the groups bracketed, the groups shall be separated from other groups and candidates by two single line rules approximately one-eighth of an inch apart] office block. The ballot shall be so arranged that all candidates seeking the same office are listed in one contiguous office block. No candidate shall be separated from other candidates seeking the same office on the ballot.

Each primary ballot shall contain, at the end of the list of candidates for each different office, blank [squares and] spaces or lines equal to the number of persons to be elected to the office, for the purpose of allowing any voter to write or paste the name of any person for whom [he] the voter desires to vote for any office or party position.

(cf: P.L.1994, c.77, s.10)

7. R.S.19:49-2 is amended to read as follows:

19:49-2. All official general election ballots shall be in black ink in type as large as space will reasonably permit; provided, however, that [any public question which shall be placed on the ballot shall be in red and] above any public question to be voted upon by the voters of the entire State there shall be [, also in red,] a description of the public question, which description shall not exceed six words and shall be in type as large as is practicable. Party nominations shall be arranged on each voting machine, either in columns or horizontal rows; the caption of the various ballots on the machines shall be so placed on the machines as to indicate to the voter what device is to be used or operated in order to vote for the candidates or candidate of [his or her] the voter’s choice. The providing of the official ballots, the order of the precedence and arrangement of parties and of candidates, and the instructions for the use of a device to be used or operated in order to vote for candidates shall be as now required by law [, except that in those counties where voting machines are used, the] . The county clerk in every county shall have the authority to determine the specifications for, and the final arrangement of, the official general election ballots, to the extent not inconsistent with the provisions of this Title.

[For the primary election for the general election in all counties where voting machines are or shall be used, all candidates who shall file a joint petition with the county clerk of their respective county and who shall choose the same designation or slogan shall be drawn for position on the ballot as a unit and shall have their names placed on the same line of the voting machine; and provided further, that all candidates for municipal or party office in municipalities in counties where voting machines are or shall be used who shall file a petition with the clerk of their municipality bearing the same designation or slogan as that of the candidates filing a joint petition with the county clerk as aforesaid, may request that his or her name be placed on the same line of the voting machine with the candidates who have filed a joint petition with the county clerk as aforesaid by so notifying the county clerk of said county in writing within two days after the last day for filing nominating petitions and thereupon the county clerk shall forthwith notify the campaign manager of such candidates filing a joint petition as aforesaid of said request, and if the said campaign manager shall file his consent in writing with the said county clerk within two days after the receipt of said notification from said county clerk, the clerk of said county shall place the name of such candidate on the same line of the voting machine on which appears the names of the candidates who have filed the joint petition as aforesaid; provided, also, that any candidate filing a petition with the Attorney General may request that his or her name be placed on the same line of the voting machine with the candidates who have filed a joint petition with the county clerk as aforesaid by so notifying the county clerk of said county in writing within two days after the last day for filing nominating petitions, and thereupon the county clerk shall forthwith notify the campaign manager of such candidates filing a joint petition as aforesaid of said request, and if the said campaign manager shall file his consent in writing with the said county clerk within two days after the receipt of said notification from said county clerk, the clerk of said county shall place the name of such candidate on the same line of the voting machine on which appears the names of the candidates who have filed the joint petition as aforesaid.]

(cf: P.L.2011, c.202, s.46)

8. (New section) a. The Division of Elections in the Department of State shall collect data from county and municipal clerks and county boards of elections on their experiences regarding the changes to ballot design and primary election procedures in this State implemented pursuant to P.L. , c. (pending before the Legislature as this bill), and shall develop and submit a report as provided in this section. The report shall include data concerning the conduct of primary elections, best practices to improve the conduct of future primary elections, and any other relevant information, research, guidance, and expertise regarding the implementation of the new ballot designs and primary election procedures.

b. In preparing the report required pursuant to this section, the division shall, at a minimum, collect data on the following:

(1) experiences of election officials, candidates, and voters regarding the ballot changes, including whether such changes contributed to candidate or voter confusion, or increased the difficulty for election officials to administer primary elections in this State; and

(2) what the costs of implementation were.

At the discretion of the division, the report may also provide the Governor and the Legislature with recommendations to improve overall election experiences and voter participation.

c. The report shall be prepared and submitted to the Governor, and Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), within 180 days after the date of the second primary election following the enactment of P.L. , c. (pending before the Legislature as this bill).

9. R.S.19:1-1 is amended to read as follows:

19:1-1. As used in this Title:

"Election" means the procedure whereby the electors of this State or any political subdivision thereof elect persons to fill public office or pass on public questions.

"Fire district election" means an election to be held in and for a fire district established pursuant to N.J.S.40A:14-70 et seq.

"General election" means the annual election to be held on the first Tuesday after the first Monday in November and, where applicable, includes annual school elections and annual fire district elections held on that date.

"Primary election for the general election" means the procedure whereby the members of a political party in this State or any political subdivision thereof nominate candidates to be voted for at general elections, or elect persons to fill party offices, other than for a member of the State committee of a political party.

"Municipal election" means an election to be held in and for a single municipality only, at regular intervals.

"Special election" means an election which is not provided for by law to be held at stated intervals.

"Any election" includes all primary, general, municipal, school and special elections, as defined herein.

"Municipality" includes any city, town, borough, village, or township.

"School election" means any annual or special election to be held in and for a local or regional school district established pursuant to chapter 8 or chapter 13 of Title 18A of the New Jersey Statutes.

"Public office" includes any office in the government of this State or any of its political subdivisions filled at elections by the electors of the State or political subdivision.

"Public question" includes any question, proposition or referendum required by the legislative or governing body of this State or any of its political subdivisions to be submitted by referendum procedure to the voters of the State or political subdivision for decision at elections.

"Political party" means a party which, at the election held for all of the members of the General Assembly next preceding the holding of any primary election held pursuant to this Title, polled for members of the General Assembly at least 10% of the total vote cast in this State.

"Party office" means the office of delegate or alternate to the national convention of a political party or member of the State, county or municipal committees of a political party.

"Masculine" includes the feminine, and the masculine pronoun wherever used in this Title shall be construed to include the feminine.

"Presidential year" means the year in which electors of President and Vice-President of the United States are voted for at the general election.

"Election district" means the territory within which or for which there is a polling place or room for all voters in the territory to cast their ballots at any election.

"District board" means the district board of registry and election in an election district.

"County board" means the county board of elections in a county.

"Superintendent" means the superintendent of elections in counties wherein the same shall have been appointed.

"Commissioner" means the commissioner of registration in counties.

"File" or "filed" means deposited in the regularly maintained office of the public official wherever said regularly maintained office is designated by statute, ordinance or resolution.

(cf: P.L.2017, c.206, s.1)

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

19:3-3. Delegates and alternates to the national conventions of the political parties shall be elected at the primary election to be held on the Tuesday next after the first Monday in June in that year.

The members of [State,] county and municipal committees of the political parties shall be chosen at the primary for the general election as hereinafter provided.

(cf: P.L.2011, c.134, s.3)

11. R.S.19:12-7 is amended to read as follows:

19:12-7. a. The county board in each county shall cause to be published in a newspaper or newspapers which, singly or in combination, are of general circulation throughout the county, a notice containing the information specified in subsection b. hereof, except for such of the contents as may be omitted pursuant to subsection c. or d. hereof. Such notice shall be published once during the 30 days next preceding the day fixed for the closing of the registration books for the primary election, once during the calendar week preceding the week in which the early voting period for the primary election for the general election begins, once during the 30 days next preceding the day fixed for the closing of the registration books for the general election, and once during the calendar week preceding the week in which the early voting period for the general election begins.

b. Such notice shall set forth:

(1) For the primary election for the general election:

(a) That a primary election for making nominations for the general election, for the selection of members of the county committees of each political party, and in each presidential year for the selection of delegates and alternates to national conventions of political parties, will be held on the day and between the hours provided for by or pursuant to this Title, and the days, hours, and places at which early voting shall be available in the county.

(b) The place or places at which and hours during which a person may register, the procedure for the transfer of registration, and the date on which the books are closed for registration or transfer of registration.

(c) The several [State,] county, municipal and party offices or positions to be filled, or for which nominations are to be made, at such primary election.

(d) The existence of registration and voting aids, including: (i) the availability of registration and voting instructions at places of registration as provided under R.S.19:31-6; and (ii), if available, the accessibility of voter information to the deaf by means of a telecommunications device.

(e) The availability of assistance to a person unable to vote due to blindness, disability or inability to read or write.

(f) In the case of the notice published during the calendar week preceding the week in which the early voting period for the primary election begins, that a voter who, prior to the election, shall have moved within the same county without (i) filing, on or before the 21st day preceding the election, a notice of change of residence with the commissioner of registration of the county or the municipal clerk of the municipality in which the voter resides on the day of the election, (ii) returning the confirmation notice sent to the voter by the commissioner of registration of the county, if such a notice has been sent to the voter, or (iii) otherwise notifying the commissioner of registration of the voter's change of address within the county shall be permitted to correct the voter's registration and to vote in the primary election by provisional ballot at the polling place of the district in which the voter resides on the day of the election. The notice shall further provide that the voter may contact the county commissioner of registration or municipal clerk or may view polling place location information on the Division of Elections website to determine the proper polling place location for the voter.

(2) For the general election:

(a) That a general election will be held on the day and between the hours provided for by or pursuant to this Title, and the days, hours and places at which early voting shall be available in the county, and, where applicable, shall include annual school elections and annual fire district elections held on that date.

(b) The place or places at which and hours during which a person may register, the procedure for transfer of registration, and the date on which the books are closed for registration or transfer of registration.

(c) The several State, county and municipal offices, and where applicable, school board offices and fire district offices to be filled, notice of any school district propositions to be submitted to the people and, except as provided in R.S.19:14-33 of this Title as to publication of notice of any Statewide proposition directed by the Legislature to be submitted to the people, the State, county, municipal and fire district public questions to be voted upon at such general election.

(d) The existence of registration and voting aids, including: (i) the availability of registration and voting instructions at places of registration as provided under R.S.19:31-6; and (ii) the accessibility of voter information to the deaf by means of a telecommunications device.

(e) The availability of assistance to a person unable to vote due to blindness, disability or inability to read or write.

(f) In the case of the notice published during the calendar week preceding the week in which the early voting period for the general election begins, that a voter who, prior to the election, shall have moved within the same county without (i) filing, on or before the 21st day preceding the election, a notice of change of residence with the commissioner of registration of the county or the municipal clerk of the municipality in which the voter resides on the day of the election, (ii) returning the confirmation notice sent to the voter by the commissioner of registration of the county, if such a notice has been sent to the voter, or (iii) otherwise notifying the commissioner of registration of the voter's change of address within the county shall be permitted to correct the voter's registration and to vote in the general election by provisional ballot at the polling place of the district in which the voter resides on the day of the election. The notice shall further provide that the voter may contact the county commissioner of registration or municipal clerk or may view polling place location information on the Division of Elections website to determine the proper polling place location for the voter.

(3) For a school election:

(a) The day and time thereof,

(b) The offices, if any, to be filled at the election,

(d) That a voter who, prior to the election, shall have moved within the same county without (i) filing, on or before the 21st day preceding the election, a notice of change of residence with the commissioner of registration of the county or the municipal clerk of the municipality in which the voter resides on the day of the election, (ii) returning the confirmation notice sent to the voter by the commissioner of registration of the county, if such a notice has been sent to the voter, or (iii) otherwise notifying the commissioner of registration of the voter's change of address within the county shall be permitted to correct the voter's registration and to vote in the school election by provisional ballot at the polling place of the district in which the voter resides on the day of the election,

(e) That if the voter has any questions as to where to vote on the day of the election, the voter may contact the county commissioner of registration or municipal clerk or may view polling place location information on the Division of Elections website to determine the proper polling place location for the voter; and

(f) Such other information as may be required by law.

c. If such publication is made in more than one newspaper, it shall not be necessary to duplicate in the notice published in each such newspaper all the information required under this section, so long as:

(1) The municipal officers or party positions to be filled, or nominations made, or municipal public questions to be voted upon by the voters of any municipality, shall be set forth in at least one newspaper having general circulation in such municipality;

(2) All offices to be filled, or nominations made therefor, or public questions to be voted upon, by the voters of the entire State or of the entire county shall be set forth in a newspaper or newspapers which, singly or in combination, have general circulation throughout the county;

(3) Information relating to nominations and elections in each Legislative District comprised in whole or part in the county, shall be published in at least a newspaper or newspapers which singly or in combination, have general circulation in every municipality of the county which is comprised in such legislative district.

d. Such part or parts of the original notices as published which pertain to day of registration or primary election which has occurred shall be eliminated from such notice in succeeding insertions.

e. (Deleted by amendment, P.L.1999, c.232.)

f. The cost of publishing the notices required by this section shall be paid by the respective counties, unless otherwise provided for by law.

g. Notices required to be published or posted pursuant to this section shall set forth a general description of the contents of the voter information notice provided for in section 1 of P.L.2005, c.149 (C.19:12-7.1), how the notice may be viewed or obtained prior to the day of an election, and that the notice will be posted in each polling place on the day of an election.

(cf: P.L.2021, c.40, s.8)

12. (New section) a. Notwithstanding the provisions of any other law, rule, or regulation to the contrary, the members of the State committee of each of the political parties shall not be elected at the primary election for the general election. The members shall be elected by the members of the county committee of the respective political parties, at a time and in a manner to be determined by each respective political party, and in accordance with the constitution and bylaws of such party.

b. A vacancy in the office of a member of the State committee of any political party, howsoever caused, shall be filled for the unexpired term by the members of the county committee of such political party in the county in which the vacancy occurs, in accordance with the constitution and bylaws of such party.

c. Any person elected as a member of the State committee of a political party pursuant to subsection a. of this section, or selected to fill a vacancy in the membership of a State committee, may request, in writing and by certified mail, either access to the complete financial records of the State committee or a copy of the balance sheet of the State committee showing the assets and liabilities of the State committee as of the close of business on the date of their election or selection. The person requesting that access or copy of the balance sheet shall receive the access or copy so requested within 48 hours of the receipt of that request by the committee.

13. (New section) The provisions of this act, P.L. , c. (pending before the Legislature as this bill) shall be severable, and if any of its provisions shall be held to be unconstitutional, the decision of the court shall not affect the validity of the remaining provisions of this act.

14. The following sections are repealed:

R.S.19:5-4;

Section 24 of P.L.1983, c.579 (C.19:5-4a);

Sections 6 and 7 of P.L.1978, c.15 (C.19:5-4.1 through

C.19:5-4.2);

P.L.1981, c.71 (C.19:23-26.1 through C.19:23-26.2); and

R.S.19:34-52.

15. This act shall take effect immediately.