S1565

An Act concerning the date for conducting the drawing of candidate names for position on the primary election ballot and amending R.S.19:23-24.

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

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

19:23-24. 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, 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 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) shall be determined by the municipal clerk in such municipalities, in the following manner: The county clerk, or his deputy, or the municipal clerk or his deputy, as the case may be, shall at his office on the 53rd 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 his part as to which card he is drawing. If the 53rd day prior to the primary election for the general election falls on a legal holiday, the drawing may occur on the business day immediately before that day or, pursuant to R.S.19:11-1, on the business day immediately following that day. 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 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, 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.

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, and the municipal clerk shall print the names upon the ballots as so certified and in addition shall print the names of such candidates as have filed petitions with him 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.2011, c.134, s.24)

2. This act shall take effect immediately.

STATEMENT

Current law requires the county clerk or the municipal clerk, as the case may be, to conduct a drawing of the candidates for election at the primary election to determine their position on the primary election ballot. This drawing must occur on the 53^rd day before the primary election. This bill allows the drawing to be conducted one business day before that 53^rd day deadline if that date falls on a legal holiday.

This change is intended to give county clerks and municipal clerks some flexibility in scheduling the date for the drawing. For example, in 2017 the drawing for ballot position for the primary election falls on April 14, which is also Good Friday. Under current law, R.S.19:11-1, when an election deadline falls on a Sunday or legal holiday, the deadline can be moved to the next business day. This bill continues to allow this rescheduling option. However, it is not always desirable to postpone a deadline due to the tight timeframe of the election calendar. Therefore, this bill would allow election officials to schedule the drawing one business day before the deadline, if possible, without delaying the performance of other election functions, such as ballot layout, printing, and mailing deadlines.