A5148

An Act revising the recount procedures for certain elections and amending R.S.19:28-1 and R.S.19:28-2.

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

1. R.S.19:28-1 is amended to read as follows:

19:28-1. a. When the results of any election show that the election was decided by a vote differential of 0.5 percent or less of the votes cast, there shall be an automatic recount of votes of that election.

b. When any candidate at any election decided by a vote differential of greater than 0.5 percent of the votes cast shall have reason to believe that an error has been made in counting the votes of that election, the candidate may, within a period of [3] three days after the certification of the results of the election, apply to a judge of the Superior Court assigned to the county wherein such district or districts are located, for a recount of the votes cast at the election in any district or districts. If the recount would include votes cast across more than one county, then the candidate shall apply to a judge of the Superior Court in Mercer County.

c. When ten voters at any election decided by a vote differential of greater than 0.5 percent of the votes cast shall have reason to believe that an error has been so made in counting the votes upon any public question at any election, such voters may, within a period of [3] three days after the certification of the results of the election, apply to a judge of the Superior Court assigned to the county wherein such district or districts are located, for a recount of the votes cast at the election in any district or districts on such public question. If the recount would include votes cast across more than one county, then the voters shall apply to a judge of the Superior Court in Mercer County.

d. The court shall grant an application brought before it pursuant to subsections b. or c. of this section, provided that the application is timely. The court may require the candidate or the voters, as the case may be, to make a deposit of funds with the clerk of the court, to be held pending the outcome of the recount. The deposit shall be both reasonable and proportional given the number of election districts to be included in the recount and shall be paid to the county or municipality, or counties or municipalities, tasked with conducting the recount if the outcome of the election remains the same. If the outcome of the election changes based upon the recount, then the deposit shall be returned to the candidate or voters, as the case may be.

For the purposes of this subsection, the outcome of the election shall be considered to have changed if a different candidate wins the election as a result of the recount than would have won given the original vote count.

(cf: P.L.2023, c.124, s.5)

2. R.S.19:28-2 is amended to read as follows:

19:28-2. Any applicant or group of applicants, as the case may be, for such recount, upon applying therefor, shall deposit with the county clerk or such other public officer or officers as such judge shall direct, such sum of money proportioned to the number of votes to be counted but not exceeding [twenty-five dollars ($25.00)] $25 for any one district recount of which is asked, as the judge shall order as security for the payment of the costs and expenses of the recount in case the original count be confirmed. Such judge shall fix and determine the amount of compensation to be paid for making the recount, and the costs and expenses thereof. If it appears that an error or errors have occurred as a result of which the election is changed or the difference in the vote between any candidate and any other candidate for the same office or between the negative and affirmative of any such public question is altered in any district by more than [ten] 10 votes or [ten per centum (10%)] 10 percent of the total vote cast in the district, whichever is the greater, the costs and expenses of the recount of such district shall be paid by the State, county or municipality in and for which the election was held, upon the warrant of such judge, as other election expenses are paid. If no error shall appear sufficient to produce such change, the costs and expenses of the recount shall be paid out of the deposit made as security by the party or parties making the application.

When there is an automatic recount of votes cast in an election due to a vote differential of 0.5 percent or less, pursuant to subsection a. of R.S.19:28-1, the State shall incur the costs and expenses of conducting an automatic recount.

(cf: P.L.1953, c.19, s.28)

3. This act shall take effect immediately.

STATEMENT

This bill changes the vote recount procedures for elections decided by a vote differential of 0.5 percent or less.

Currently, when a candidate, or 10 or more voters at any election, have reason to believe that an error has been made in counting the votes of that election, the candidate or voters may, within a period of three days after the certification of the results of the election, apply to a judge of the Superior Court for a recount of the votes cast at the election in any district.

Under the bill, there will be an automatic recount if there is a 0.5 percent or less vote differential in the votes cast for an election. The recount will be paid for by the State.

If the vote differential is more than 0.5 percent, then the bill allows for a candidate or a group of 10 or more voters to apply to a judge in the Superior Court in the county in which the election districts to be involved in the recount are located. If the recount would include votes cast in election districts in different counties, then the application must be made before the Superior Court in Mercer County. Under the bill, this application will be granted as long as it is timely filed with the court.

However, the bill requires the candidate or voters who make the application to deposit funds with the clerk of the court pending the outcome of the recount. The deposit is required to be both reasonable and proportional to the number of election districts to be included in the recount. If the results of the election are unchanged following the recount, then the funds will be released to the county or municipality, or counties or municipalities, responsible for conducting the recount. If the election results are changed as a result of the recount, then the court will return the deposited funds to the candidate or voters who filed the application.