A3826

An Act concerning the petitions to be submitted by candidates for election for the primary and general elections, 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.19:13-8 is amended to read as follows:

19:13-8. A candidate nominated for an office in a petition shall manifest his acceptance of such nomination by a written acceptance thereof, signed by his hand, upon or annexed to such petition, to which shall be annexed the oath of allegiance prescribed in section 41:1-1 of the Revised Statutes duly taken and subscribed by him before an officer authorized to take oaths in this State, or if the same person be named for the same office in more than one petition, annexed to one of such petitions. Such acceptance shall certify that the candidate is a resident of and a legal voter in the jurisdiction of the office for which the nomination is made. Notwithstanding any law, rule, or regulation to the contrary, candidates may also file with such acceptance an attached copy of the sworn statement required to be filed by candidates with the Election Law Enforcement Commission pursuant to subsection d. of section 16 of P.L.1973, c.83 (C.19:44A-16). No candidate so named shall sign such acceptance if he has signed an acceptance for the primary nomination or any other petition of nomination under this chapter for such office. In addition, no candidate named in a petition for the office of member of the House of Representatives shall sign an acceptance if the candidate has signed an acceptance for the primary nomination or any other petition of nomination for the office of member of the House of Representatives in another congressional district in the same calendar year.

Each candidate filing an acceptance of nomination for election to the office of Governor or the office of member of the Senate or General Assembly shall annex to such petitions a statement signed by the candidate that he or she:

a. has not been convicted of any offense graded by Title 2C of the New Jersey Statutes as a crime of the first, second, third or fourth degree, or any offense in any other jurisdiction which, if committed in this State, would constitute such a crime; or

b. has been so convicted, in which case, the candidate shall disclose on the statement the crime for which convicted, the date and place of the conviction and the penalties imposed for the conviction. Such a candidate may, as an alternative, submit with the statement a copy of an official document that provides such information. If the candidate has been convicted of more than one criminal offense, such information about each conviction shall be provided. Records expunged pursuant to chapter 52 of Title 2C of the New Jersey Statutes shall not be subject to disclosure.

If the same person is nominated for the same office in more than one petition, the statement shall be annexed to one of such petitions.

(cf: P.L.2004, c.26, s.1)

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. 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, and a copy of the sworn statement required to be filed by candidates with the Election Law Enforcement Commission pursuant to subsection d. of section 16 of P.L.1973, c.83 (C.19:44A-16), if filed as permitted by R.S.19:13-8, 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.

(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 Secretary of State, the county clerks, or the municipal clerks shall be filed with such officers, respectively, before 4:00 p.m. of the 71st day next preceding the day of the holding of the primary election for the general election.

Not later than noon of the 61st 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, and a copy of the sworn statement required to be filed by candidates with the Election Law Enforcement Commission pursuant to subsection d. of section 16 of P.L.1973, c.83 (C.19:44A-16), if filed with the acceptance as permitted by R.S.19:23-15, 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.

(cf: P.L.2022, c.70, s.2)

4. R.S.19:23-15 is amended to read as follows:

19:23-15. Accompanying the petition and attached thereto each person indorsed therein shall file a certificate, stating that he is qualified for the office mentioned in the petition; that he consents to stand as a candidate for nomination at the ensuing primary election, and that if nominated, he agrees to accept the nomination. Such acceptance shall certify that the candidate is a resident of and a legal voter in the jurisdiction of the office for which the nomination is to be made and there shall be annexed thereto the oath of allegiance prescribed in section 41:1-1 of the Revised Statutes duly taken and subscribed by the person so nominated before an officer authorized to take oaths in this State. Notwithstanding any law, rule, or regulation to the contrary, candidates may also file with such acceptance an attached copy of the sworn statement required to be filed by candidates with the Election Law Enforcement Commission pursuant to subsection d. of section 16 of P.L.1973, c.83 (C.19:44A-16).

No candidate who has accepted the nomination by a direct petition of nomination for the general election shall sign an acceptance to a petition of nomination for such office for the primary election. In addition, no candidate named in a petition for the office of member of the House of Representatives shall sign an acceptance if the candidate has signed an acceptance for the primary nomination or any other petition of nomination for the office of member of the House of Representatives in another congressional district in the same calendar year.

Each person indorsed as a candidate for nomination for election to the office of Governor or the office of member of the Senate or General Assembly shall annex to such petitions a statement signed by the candidate that he or she:

If the same person is nominated for the same office in more than one petition, the statement shall be annexed to one of such petitions.

(cf: P.L.2004, c.26, s.4)

5. 19:23-16 is amended to read as follows:

19:23-16. Any person nominated at the primary by having the person's name written or pasted upon the primary ballot shall file a certificate stating that the person is qualified for the office for which the person has been nominated, that the person is a resident of and a legal voter in the jurisdiction of the office for which the nomination is made and that the person consents to stand as a candidate at the ensuing general election to which shall be annexed the oath of allegiance prescribed in section 41:1-1 of the Revised Statutes duly taken and subscribed by the person so nominated before an officer authorized to take oaths in this State. Notwithstanding any law, rule, or regulation to the contrary, candidates may also file with such acceptance an attached copy of the sworn statement required to be filed by candidates with the Election Law Enforcement Commission pursuant to subsection d. of section 16 of P.L.1973, c.83 (C.19:44A-16).

In addition, a person so nominated for the office of Governor or the office of member of the Senate or General Assembly shall annex to the certificate a statement signed by the candidate that the person:

Written acceptance of such nomination shall be filed by each candidate so nominated on or before the seventh day following the date of the certification of the results of the primary with the county clerk in the case of county and municipal offices and with the Secretary of State for all other offices.

Each county clerk shall post on the county's website the official results of the primary election within 24 hours after the certification of the election results.

(cf: P.L.2022, c.15, s.1)

6. R.S.19:23-21 is amended to read as follows:

19:23-21. The Secretary of State shall certify the names of the persons indorsed in the petitions filed in the secretary's office to the clerks of counties concerned thereby not later than noon of the 61st day prior to the holding of the primary election, specifying in such certificate the political parties to which the persons so nominated in the petitions belong. In the case of candidates for offices other than federal office, the Secretary of State shall also transmit this information, and a copy of the sworn statement required to be filed by candidates with the Election Law Enforcement Commission pursuant to subsection d. of section 16 of P.L.1973, c.83 (C.19:44A-16), if filed with the acceptance as permitted by chapter 23 of Title 19 of the Revised Statutes, 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.

(cf: P.L.2023, c.16, s.9)

7. R.S.19:23-22 is amended to read as follows:

19:23-22. The county clerk shall certify all of the persons so certified to the clerk by the Secretary of State and in addition the names of all persons indorsed in petitions filed in the clerk's office to the clerk of each municipality concerned thereby in the clerk's respective county not later than the close of business of the 60th day prior to the time fixed by law for the holding of the primary election, specifying in such certificate the political party to which the person or persons so nominated belong. The county clerk shall also transmit this information, and a copy of the sworn statement required to be filed by candidates with the Election Law Enforcement Commission pursuant to subsection d. of section 16 of P.L.1973, c.83 (C.19:44A-16), if filed with the acceptance as permitted by chapter 23 of Title 19 of the Revised Statutes, with respect to persons, other than candidates for federal office, indorsed in petitions filed in the clerk's office 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 filed in the clerk's office.

(cf: P.L.2023, c.16, s.10)

8. This act shall take effect immediately.

STATEMENT

This bill allows candidates for office to file a sworn statement, currently known as form A-1 for single candidates and A-2 for joint candidates, established by the Election Law Enforcement Commission (ELEC) to certify that they will adhere to the reporting requirements of the State’s campaign expenditures and reporting law at the same time that they file their nominating petition. The current form also requires candidates to certify that the total expenditures made on behalf of their campaign will not exceed certain lawfully established thresholds and that, if they do, the candidate will file the additional forms required by law.

The candidates will be allowed to file this form along with their nominating petition, either for the primary election or by direct petition of nomination for the general election.

The Secretary of State or the county clerk, as appropriate, will then be required to send these forms, if filed with the nominating petition, along with the names of the candidates who will be placed on the ballot at the election, to ELEC.