CHAPTER 20

 

An Act concerning the number of signatures required for candidates to be placed on the ballots for the primary, general, nonpartisan municipal, and school elections, amending various sections of statutory law, and supplementing chapter 23 of Title 19 of the Revised Statutes.

 

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

 

     1.    R.S.19:13-5 is amended to read as follows:

 

Signatures to petition; number.

     19:13-5.  The petition shall be signed by legally qualified voters of this State residing within the district or political division in and for which the officer or officers nominated are to be elected, equal in number to at least five percent of the entire vote cast for members of the General Assembly at the last preceding general election, held for the election of all of the members of the General Assembly, in the State, county, district or other political division in and for which the nominations are made; except that when the nomination is for an office to be filled by the voters of the entire State 2,000 signatures in the aggregate for each candidate nominated in the petition shall be sufficient; and except that no more than 250 signatures shall be required to any petition for any officers to be elected save only such as are to be voted for by the voters of the State at large.

     In case of a first general election to be held in a newly established election district, county, city or other political division, the number of 50 signatures to a petition shall be sufficient to nominate a candidate to be voted for only in such election district, county, city or other political division.

     A candidate shall be permitted to sign or circulate, or both sign and circulate, the petition required to nominate that candidate for elective public office.

 

     2.    R.S.19:23-8 is amended to read as follows:

 

Numbers of signers to petitions.

     19:23-8. a. The petitions for candidates to be voted for by the voters of a political party throughout the entire State shall in the aggregate be signed by at least 2,500 of such voters; in the case of candidates to be voted for by the voters of a political party throughout a congressional district by at least 500 of such voters; and in the case of candidates for the Senate and General Assembly at least 250 of such voters.

     b.    The petitions for candidates to be voted for by the voters of a political party throughout a county or any county election district shall in the aggregate be signed by at least one percent in number of the total votes cast by the voters of that political party at the last preceding primary election held for the election of that party's candidates for the General Assembly or at least 300 of such voters, whichever is less, but in no case shall the petition be signed by fewer than 150 of such voters.

     c.     The petitions for candidates to be voted for by the voters of a political party throughout a municipality shall in the aggregate be signed by a number of such voters based upon the population of the municipality or ward as ascertained by the last Federal census as follows:

     (1) at least 100 of such voters in municipalities or wards having a population in excess of 50,000;

     (2) at least 75 of such voters in municipalities or wards having a population in excess of 25,000 and up to 50,000;

     (3) at least 50 of such voters in municipalities or wards having a population in excess of 10,000 and up to 25,000;

     (4) at least 25 of such voters, or five percent in number of the total votes cast by the voters of that political party at the last preceding primary election held for the election of that party’s candidates for the General Assembly, whichever is less, in municipalities or wards having a population in excess of 5,000 and up to 10,000;

     (5) at least 10 of such voters, or five percent in number of the total votes cast by the voters of that political party at the last preceding primary election held for the election of that party’s candidates for the General Assembly, whichever is less, in municipalities or wards having a population in excess of 2,500 and up to 5,000; and

     (6) at least five of such voters or five percent in number of the total votes cast by the voters of that political party at the last preceding primary election held for the election of that party’s candidates for the General Assembly, whichever is less, in municipalities or wards having a population up to 2,500.

     d.    The petitions for candidates to be voted for by the voters of a political party within a single election district shall in the aggregate be signed by at least 10 of such voters or five percent in number of the total votes cast by the voters of that political party at the last preceding primary election held for the election of that party’s candidates for the General Assembly, whichever is less.

     e.     In no case shall there be fewer than one signer of any such petition.

     f.     For a person to be nominated for any office or elected to any political party position at the primary election by having the person's name written or pasted upon the primary election ballot, that person shall receive a number of votes at least equal to the number of signatures required on a candidate nominating petition pursuant to this section.

 

     3.    Section 7 of P.L.1995, c.278 (C.19:60-7) is amended to read as follows:

 

C.19:60-7  Nomination procedure; withdrawal, vacancy; objections.

     7.    Each candidate to be voted upon at a school election shall be nominated directly by petition, and the procedures for such nomination shall, to the extent not inconsistent with the provisions of P.L.1995, c.278 (C.19:60-1 et al.), conform to the procedure for nominating candidates by direct petition under chapter 13 of Title 19 of the Revised Statutes.  Notwithstanding the provisions of R.S.19:13-5, however, a petition of nomination for such office shall be signed by at least 25 persons, one of whom may be the candidate, and filed with the secretary of the board of education on or before four p.m. of the 50th day preceding the date of the April school election, or with the county clerk on or before four p.m. of the last Monday in July preceding the November school election, as applicable.  The signatures need not all appear upon a single petition and any number of petitions may be filed on behalf of any candidate or on behalf of two or more candidates filing a joint petition.  A petition for one or more candidates may include a designation in not more than three words that conveys the principles which the candidate or candidates therein named represent, but such designation shall not contain the name, or a derivative thereof, as a noun or an adjective of any political party entitled to participate in a primary election.  The petitions of a candidate for member of a board of education shall also include a functioning e-mail address for the candidate.

     Any candidate may withdraw as a candidate in a school election by filing a notice in writing, signed by the candidate, of such withdrawal with the secretary of the board of education before the 44th day before the date of the April election or with the county clerk on the 81st day before the date of the November election, as applicable, and thereupon the name of that candidate shall be withdrawn by the secretary of the board of education and shall not be printed on the ballot.

     A vacancy created by a declination of nomination or withdrawal by, or death of, a nominee, or in any other manner, shall be filled under the provisions of R.S.19:13-19.

     Whenever written objection to a petition of nomination hereunder shall have been made and timely filed with the secretary of the board of education or with the county clerk, as may be appropriate, the board of education shall file its determination of the objection on or before the 44th day preceding the April school election or the county clerk shall file the clerk's determination of the objection on or before the 10th day after the last day for the filing of petitions for candidates seeking election as a member of a board of education at the November school election, as applicable.  The last day upon which a candidate may file with the Superior Court a verified complaint setting forth any invasion or threatened invasion of the candidate's rights under the candidate's petition of nomination shall be the 46th day before the April election or the 12th day after the last day for the filing of petitions for candidates seeking election as a member of a board of education at the November election, as applicable.  The last day upon which a candidate whose petition of nomination or any affidavit thereto is defective may amend such petition or affidavit shall be the 44th day before the April election or the 10th day after the last day for the filing of petitions for candidates seeking election as a member of a board of education at the November election, as applicable.

     In each school district in which candidates for the office of member of a board of education will seek election at the November school election, the school business administrator thereof shall certify to the county clerk no later than the day of the holding of the primary election for the general election next occurring a statement designating the public offices to be filled at such election, and the number of such offices to be filled.

 

     4.    Section 4 of P.L.1981, c.379 (C.40:45-8) is amended to read as follows:

 

C.40:45-8  Petitions of nomination.

     4.    On or before the 75th day prior to a regular municipal election, the names of candidates for all elective offices shall be filed with the municipal clerk, in the following manner and form and subject to the following conditions:

     a.     The petition of nomination shall consist of individual certificates equal to a number based upon the population of the municipality or ward as ascertained by the last Federal census, as follows:

     (1) at least 100 in municipalities or wards having a population in excess of 50,000;

     (2) at least 75 in municipalities or wards having a population in excess of 25,000 and up to 50,000;

     (3) at least 50 in municipalities or wards having a population in excess of 10,000 and up to 25,000;

     (4) at least 25 in municipalities or wards having a population in excess of 5,000 and up to 10,000;

     (5) at least 10 in municipalities or wards having a population in excess of 2,500 and up to 5,000; and

     (6) at least five in municipalities or wards having a population up to 2,500.

     b.    The petition of nomination shall read substantially as follows:


 

     "I, the undersigned, a registered voter of the municipality of .............., residing at ..................................... certify that I do hereby join in a petition of the nomination of .................................. whose residence is at .................................................. for the office of mayor (or councilman-at-large, or ward councilman of the ............ ward, or commissioner, or village trustee, as the case may be) to be voted for at the election to be held in the municipality on the ............, 20......., and I further certify that I know this candidate to be a registered voter, for the period required by law, of the municipality (and the ward, in the case of ward councilman) and a person of good moral character, and qualified, in my judgment, to perform the duties of the office, and I further certify that I have not signed more petitions or certificates of nomination than there are places to be filled for the above office.

     Signed ......................................................... ."

     The petition of nomination shall also include a functioning e-mail address for the candidate.

     Any such petition of nomination which is provided to candidates by the municipal clerk shall contain the following notice:  "Notice: All candidates are required by law to comply with the provisions of the 'New Jersey Campaign Contributions and Expenditures Reporting Act.' For further information, please call (insert phone number of the Election Law Enforcement Commission)."

     c.     Each petition signature shall be on a separate sheet of paper and shall bear the name and address of the petitioner.  The candidate for office and his campaign manager shall make an oath before an officer competent to administer oaths that the statements made therein are true and that each signature to the papers appended thereto is the genuine signature of the person whose name it purports to be, to their best knowledge and belief.  The oath, signed by the candidate, shall constitute his acceptance of nomination and shall be annexed to the petition, together with the oath of his campaign manager, at the time the petition is submitted.

     d.    The municipal clerk shall immediately provide the Election Law Enforcement Commission with official certification of the filing or withdrawal of a petition of nomination.

     e.     A candidate shall be permitted to sign or circulate, or both sign and circulate, the petition required to nominate that candidate for elective public office in any municipality holding regular municipal elections.

 

C.19:23-7.1  Promulgation, publication, candidate nomination petitions.

     5. a. Notwithstanding the provisions of any other law, rule, or regulation to the contrary, the Secretary of State shall promulgate and publish the forms to be used for petitions nominating candidates to be voted for at the primary election for the general election by January 1 of each year in which a primary election is to be held.

     b.    Any petition signatures collected by a candidate for office to be voted for at the 2025 primary election utilizing the petition forms published by the Secretary of State prior to the effective date of this act, P.L.2025, c.20 (C.19:23-7.1 et al.), shall be required to comply with the provisions of this act but shall not be subject to a petition challenge based upon the use of a form published by the Secretary of State prior to the effective date of this act.

 

     6.    This act shall take effect immediately and shall be retroactive to January 1, 2025.

 

     Approved February 3, 2025.