A1199

An Act concerning the filling of vacancies among certain candidates, amending R.S.19:13-9 and R.S.19:23-14, and supplementing chapter 13 of Title 19 of the revised Statutes.

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

1. (New section) a. (1) In the event of a vacancy among candidates for any public office who have been nominated at a primary election and are seeking election at a general election when the vacancy occurs after the 48th day but not later than the 14th day before the date of the election because the candidate dies or becomes physically or mentally incapacitated, a replacement candidate shall be selected in the manner provided by R.S.19:13-20 to fill the vacancy.

(2) The political party of the selected candidate shall be responsible for reimbursing all affected counties and municipalities in a timely manner for all expenses associated with changing the name of the candidate on all ballots and other election materials associated with the general election on an expedited basis and for the express mailing of new absentee ballots to registered voters who already requested and received such ballots and the return by express mail of the changed voted ballots to the county boards of elections.

(3) Whenever the provisions of paragraph (1) of this subsection are operative:

(a) the county boards of election shall deem valid any absentee ballot received on the seventh day following the day of the general election, notwithstanding the provisions of section 23 of P.L.1953, c.211 (C.19:57-23); and

(b) the Board of State Canvassers shall meet on the 35th day after the day of the general election, notwithstanding the provisions of R.S.19:21-1 and the Board or Boards of County Canvassers, as may be appropriate, shall meet on the second Monday after the day of the general election, not withstanding the provisions of R.S.19:19-1, if the Secretary of State deems such a delay is necessary to provide the extra time for the canvassing of absentee ballots.

(4) If after the 48th day but not later than the 14th day before the date of the general election a vacancy occurs among candidates nominated at a primary election for any reason other than because the candidate dies or becomes physically or mentally incapacitated, that vacancy shall be filled pursuant to the provisions of subsection b. of this section.

b. In the event of any vacancy after the 14th day prior to the day
of a general election among candidates for any public office who have been nominated at a primary election:

(1) the date and time of the election shall continue as provided for by this Title and the name of the candidate who created the vacancy that appears on all ballots and other election materials shall not be altered or removed;

(2) all votes cast for the candidate who created the vacancy shall be counted and canvassed as provided for by this Title; and

(3) if the name of the candidate who created the vacancy receives the greatest number of the votes in the general election, the vacancy in that position shall be filled pursuant to R.S.19:13-20 for such offices as are under the jurisdiction of that statute and the other relevant provisions of this Title for all other offices.

c. Nothing in this section shall abridge the right of a voter voting in a general election from voting for any eligible person, by write-in vote pursuant to R.S.19:15-28, to fill the vacancy occasioned by the death or physical or mental incapacitation of a candidate.

2. 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. No petition filed after that time and date shall be accepted by any officer or considered valid. All petitions when filed shall be open under proper regulations for public inspection.

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.

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.

Every officer receiving a petition or acceptance pursuant to this section shall inform the person filing the petition or acceptance that whenever any vacancy occurs among candidates for public office who have filed petitions of nomination pursuant to this section and the vacancy occurs after the 48th day before the date of the general election, the provisions of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall become operative and the vacancy shall be filled pursuant to R.S.19:13-20 for such offices as are under the jurisdiction of that statute and the other relevant provisions of Title 19 of the Revised Statutes for all other offices.

(cf: P.L.1998, c.147, s.2)

3. R.S.19:23-14 is amended to read as follows:

19:23-14. Petitions addressed to the [Attorney General] Secretary of State, the county clerks, or the municipal clerks shall be filed with such officers, respectively, before 4:00 p.m. of the 57th day next preceding the day of the holding of the primary election for the general election. No petition filed after that time and date shall be accepted by any officer or considered valid.

Not later than the close of business of the 48th 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.

Every officer receiving a petition pursuant to this section shall inform the person filing the petition that whenever any vacancy occurs among candidates for public office who have filed petitions of nomination pursuant to this section and the vacancy occurs after the 48th day before the date of the general election, the provisions of section 1 of P.L. , c. (C. )(pending before the Legislature as this bill) shall become operative and the vacancy shall be filled pursuant to R.S.19:13-20 for such offices as are under the jurisdiction of that statute and the other relevant provisions of Title 19 of the Revised Statutes for all other offices.

(cf: P.L.2001, c.211, s.1)

4. This act shall take effect on the January 1st next following the date of enactment.

STATEMENT

The purpose of this bill is to make clear the Legislature's intent with regard to the filling of certain vacancies that occur after the 48th day before a general election.

Specifically, the bill provides that if a vacancy occurs because a candidate dies or becomes physically or mentally incapacitated, it will be filled pursuant to R.S.19:13-20 and the political party of the selected candidate will pay all of the costs incurred. But in the event that a vacancy occurs after the 14th day before an election, the vacancy will not be filled before the election, the name of the candidate who created the vacancy will not be altered or removed from the ballot, and if the name of the candidate who created the vacancy receives the greatest number of votes, the vacancy will be filled after the election as provided for in N.J.S.A.19:13-20. If after the 48th day but not later than the 14th day before the date of the election a vacancy occurs for any reason other than death or physical or mental incapacitation, that vacancy would be filled under the bill in the same manner as any vacancy occurring after the 14th day before a general election.

The bill also: 1) provides that no petition of nomination filed after the time and date established in current law will be accepted by any officer or considered valid; 2) makes clear that nothing in the bill abridges the right of a voter voting in a general election from voting for any eligible person, by write-in vote pursuant to R.S.19:15-28, to fill the vacancy occasioned by the death or physical or mental incapacitation of a candidate; and 2) amends current law to require that every officer who receives a petition of nomination must inform the person filing the petition that whenever any vacancy occurs among candidates for public office who have filed petitions of nomination and the vacancy occurs after the 48th day before the date of the general election, the provisions of this bill will become operative.