Bill Text: NJ A3629 | 2014-2015 | Regular Session | Chaptered
Bill Title: Eliminates voter registration and in-district residency requirements for certain petition circulators; eliminates in-district residency requirement for petition circulators for partisan primary nominations; establishes petition circulator criteria.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-12-26 - Approved P.L.2014, c.83. [A3629 Detail]
Download: New_Jersey-2014-A3629-Chaptered.html
An Act concerning the voter registration and residency requirements applicable to circulators of petitions and amending 1[R.S.19:13-7, R.S.19:23-11, and P.L.1995, c.105] various parts of the statutory law1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.19:13-7 is amended to read as follows:
19:13-7. Before any petition shall be filed as hereinafter provided, [at least one of the voters signing the same] the person who circulates the petition, or a candidate who signs or circulates, or both signs and circulates, such a petition, shall make oath by affidavit before a duly qualified officer that the petition is made in good faith, that the affiant personally circulated the petition and saw all the signatures made thereto and verily believes that the signers are duly qualified voters. The person who circulates the petition shall not be required to be a registered voter, but shall be 2voter eligible, which means2 at least 18 years of age 1[,] 2[as of the date of the election for which the petition is circulated, and1 ],2 a resident of this State 1[, and a citizen of the United States]1 2, a citizen of the United States, and not otherwise disqualified under the New Jersey Constitution2 .
(cf: P.L.2010, c.68, s.2)
3[12. R.S.19:13-13 is amended to read as follows:
19:13-13. A candidate whose petition of nomination [, or any affidavit or affidavits thereto,] is defective may cause such petition [, or the affidavit or affidavits thereto,] to be amended in matters of substance or of form as may be necessary, but not to add signatures, or such amendment or amendments may be made by filing a new or substitute petition, [or affidavit or affidavits,] and the same when so amended shall be of the same effect as if originally filed in such amended form; but every amendment shall be made on or before the
third day after the last day for the filing of petitions. This provision shall be liberally construed to protect the interest of candidates.
2[Notwithstanding the provisions of this section, the failure to submit the affidavit or affidavits required to be submitted with the petition, or the submission of a defective affidavit or affidavits, shall cause the petition to be void, and such failure or defect shall not be curable after the petition is submitted.]2
Notwithstanding the above provision, in the case of nomination petitions for electors for 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, every statutorily authorized amendment shall be made on or before the 93rd day before the general election.1
(cf: P.L.2011, c.37, s.2)]3
1[2.] 3[3.1] 2.3 R.S.19:23-11 is amended to read as follows:
19:23-11. Such petitions shall be verified by the oath or affirmation by affidavit of [one or more of the signers thereof] the person who circulates each petition, including a candidate who signs or circulates, or both signs and circulates, such a petition, taken and subscribed before a person qualified under the laws of New Jersey to administer an oath, to the effect that the affiant personally circulated the petition; that the petition is signed by each of the signers thereof in his proper handwriting; that the signers are to the best knowledge and belief of the affiant legal voters of the State or political subdivision thereof, as the case may be, as stated in the petition, belong to the political party named in the petition[,]; and that the petition is prepared and filed in absolute good faith for the sole purpose of indorsing the person or persons therein named, in order to secure his or their nomination or selection as stated in such petition. The person who circulates the petition shall be a registered voter in this State whose party affiliation is of the same political party named in the petition.
(cf: P.L.2010, c.68, s.4)
2[14. R.S.19:23-20 is amended to read as follows:
19:23-20. Such candidate shall be permitted to amend the petition either in form or in substance, but not to add signatures, so as to remedy the defect within three days. Notwithstanding the provisions of this section, the failure to submit the affidavit or affidavits required to be submitted with the petition, or the submission of a defective affidavit or affidavits, shall cause the petition to be void, and such failure or defect shall not be curable after the petition is submitted.1
(cf: R.S.19:23-20)]2
1[3.] 2[5.1] 3[4.2] 3.3 Section 3 of P.L.1995, c.105 (C.19:27A-3) is amended to read as follows:
3. As used in this act:
"circulator" means an individual, whether paid or unpaid, who solicits signatures for a recall petition;
"elected official" means any person holding the office of United States Senator or member of the United States House of Representatives elected from this State, or any person holding a State or local government office which, under the State Constitution or by law, is filled by the registered voters of a jurisdiction at an election, including a person appointed, selected or otherwise designated to fill a vacancy in such office, but does not mean an official of a political party;
"jurisdiction" means the electoral jurisdiction, including but not limited to the State, or any county or municipality thereof, within which the voters reside who are qualified to vote for an elected official who is sought to be recalled;
"notice of intention" means the notice filed with the recall election official by a recall committee for the purpose of initiating a recall effort;
"recall committee" means a committee formed by persons sponsoring the recall of an elected official which represents the sponsors and signers of a recall petition in matters relating to the recall effort;
"recall election" means an election held for the purpose of allowing the voters of a jurisdiction to decide whether an elected official shall be recalled from office;
"recall election official" means the official authorized by law to receive nominating petitions for an elective office, except that with respect to the recall of the county clerk, it means the Secretary of State;
"recall petition" means a petition prepared [and circulated] by a recall committee and circulated as provided by this act for the purpose of gathering a sufficient number of valid signatures of registered voters to cause a recall election to be called; and
"sponsors" means the proponents of a recall effort who establish a recall committee.
(cf: P.L.1995, c.105, s.3)
1[4.] 2[6.1] 3[5.2] 4.3 Section 6 of P.L.1995, c.105 (C.19:27A-6) is amended to read as follows:
6. Prior to [collecting] the collection of any signatures, the sponsors of a recall petition shall file a notice of intention with the appropriate recall election official. The notice of intention shall contain the following information:
a. the name and office of the elected official sought to be recalled;
b. the name and business or residence address of at least three sponsors of the recall petition who shall constitute a recall committee which shall represent the sponsors and signers of the recall petition in matters relating to the recall effort, provided that no recall committee shall sponsor the recall of more than one officeholder and, if a recall effort fails at the ballot, the sponsoring recall committee and the members thereof shall not again sponsor, nor shall the recall committee again finance, an effort to recall the targeted officeholder during the same term of office in which the failed recall effort was attempted;
c. the name of the recall committee, which shall be expressed in the following form: "COMMITTEE TO RECALL (name of the official sought to be recalled) FROM THE OFFICE OF (name of the office)";
d. a statement certified by each member of the recall committee that the member is registered to vote in the jurisdiction of the official sought to be recalled and that the member supports the recall of the named official and accepts the responsibilities associated with serving on the recall committee;
e. at the option of the recall committee, a statement, not in excess of 200 words, of the reasons for the recall; and
f. a statement as to whether the recall election shall be held at the next general election or regular election, as appropriate, or at a special election, as provided in section 13 of this act.
(cf: P.L.1995, c.105, s.6)
1[5.] 2[7.1] 3[6.2] 5.3 Section 8 of P.L.1995, c.105 (C.19:27A-8) is amended to read as follows:
8. a. No signature appearing on any document other than a recall petition prepared in accordance with the provisions of this section shall be counted among the signatures required under section 5 of this act to determine whether a recall election shall be held.
b. A recall petition shall be prepared by the recall committee in accordance with a format, consistent with the provisions of this act, which shall have been approved for such purpose by the Secretary of State. A petition may consist of any number of separate sections which shall be identical except with respect to information required to be entered thereon by the signers and circulators and as otherwise provided herein. The size of the paper used in a recall petition and the number of pages included in each section thereof shall be determined by the recall committee. The back and the front of a piece of paper shall each constitute a page and signatures may be affixed to each such page.
c. Each page of each section of a recall petition shall be sequentially numbered and shall include, printed in bold letters in at least 10-point type, the heading "PETITION FOR THE RECALL OF (name of the official sought to be recalled) FROM THE OFFICE OF (name of the office)" and, where appropriate, the information required by subsection e. of this section. The first page of each section also shall bear, in type of uniform size but not less than 8-point type, (1) the information contained in the notice of intention, including any cost estimate prepared and the statement of the reasons for the recall, if one was provided, or a declaration that no such statement of reasons was provided, except that information on only three members of the recall committee need be listed; and (2) a copy of the answer provided by the official sought to be recalled, if one was provided, or a declaration that no such answer was provided, except that no such answer or declaration shall be included if a statement of the reasons for the recall was not provided.
d. Each page of a recall petition shall be arranged so that each signer of the petition shall personally affix the signer's signature; printed name and residence address, including street and number, or a designation of residence which is adequate to readily determine location; the municipality of residence; and the date on which the signer signed the petition. A space at least one inch wide shall be left blank after each name for use in verifying signatures when appropriate, as provided by this act. A box shall be provided after each name for the signer to indicate that the signer has had the opportunity to review the information on the first page of that section of the petition.
e. (1) Whenever the official sought to be recalled is the Governor or a United States Senator, separate sections of the petition shall be prepared for use by signers registered to vote in each county. Each page of a section shall bear in not less than 10-point type the name of the county in which that section is to be used and the statement, "Only eligible persons residing in ........... (name of county) County shall sign this page." A signer shall not affix the signer's signature to any page of any section unless it bears the name of the county in which the signer is registered to vote.
(2) Whenever the official sought to be recalled is a member of the Legislature or a member of the United States House of Representatives and the official's jurisdiction includes parts of more than one county, separate sections of the petition shall be prepared for use by signers registered to vote in each county included within the member's jurisdiction. Each page of a section shall bear in not less than 10-point type the name of the county in which that section is to be used and the statement, "Only eligible persons residing in (name of county) County shall sign this page." A signer shall not affix the signer's signature to any page of any section unless it bears the name of the county in which the signer is registered to vote.
(3) The signature of any person to a page of a recall petition bearing the name of a county in which the person is not registered to vote shall be invalid, but the invalidity of such a signature shall not invalidate or otherwise impair the section wherein or page whereon that signature appears, nor shall it invalidate or otherwise impair any other signature to that or any other section of the petition.
f. Prior to use, the sections of a recall petition shall be reviewed by the recall election official for compliance with the provisions of this act. The recall election official shall complete the review of the petition within three business days of receipt. No section of a recall petition shall be used to solicit signatures unless it has been so approved and a statement of such approval, signed by the recall election official, has been printed on the first page of that section.
g. No obstruction shall be placed over any portion of a page of a petition section at the time that page is presented to a voter to be signed.
h. Every member of a recall committee circulating a recall petition [and every circulator of that petition] shall sign the petition. If any member of the committee shall fail to sign the petition, the petition shall be deemed void. In the event that the signature to the petition of a member of the recall committee shall be deemed invalid, then notwithstanding the provisions of subsection e. of this section, the petition shall be deemed void. A circulator of a recall petition who is not a member of the recall committee shall not be required to sign, or to be qualified to sign, the recall petition in order to solicit signatures for the recall petition.
i. If a solicitation for signatures to a recall petition is presented to prospective petition signers by a paid print advertisement or paid mailing, or if a recall petition is presented to such a prospective signer by a paid circulator, the solicitation or petition, respectively, shall disclose prominently in a statement printed in at least 10-point type (1) the identity of the person paying for the printed or personal solicitation, and (2) that the circulator is paid. The Election Law Enforcement Commission shall promulgate such rules and regulations as are necessary to implement the provisions and effectuate the purposes of this subsection.
j. No person who is ineligible to sign a recall petition shall, with knowledge of that ineligibility, sign such a petition. No person shall offer to pay or pay another to sign or to refrain from signing a recall petition or to vote or to refrain from voting in a recall election. A person who violates any of the foregoing provisions of this subsection is guilty of a crime of the fourth degree.
(cf: P.L.1995, c.105, s.8)
1[6.] 2[8.1 ] 3[7.2] 6.3 Section 9 of P.L.1995, c.105 (C.19:27A-9) is amended to read as follows:
9. a. [No person shall act as the circulator of a petition who is not a registered voter in the jurisdiction from which the official sought to be recalled was elected] A circulator of a recall petition shall not be required to be a registered voter, but shall be 2voter eligible, which means2 at least 18 years of age 1[,] 2[as of the date of the election for which the petition is circulated, and1 ],2 a resident of this State 1[, and a citizen of the United States]1 2, a citizen of the United States, and not otherwise disqualified under the New Jersey Constitution2 .
b. Each completed page of any section of a recall petition which is filed with the recall election official shall include at the bottom of that page an affidavit signed by the circulator of that section which sets forth the following:
(1) the printed name of the circulator;
(2) the address of the circulator;
(3) a statement that the circulator assumed responsibility for circulating that section, that the circulator witnessed the signing of that page by each person whose signature appears thereon, that, to the best information and belief of the circulator, the signers are legal residents of the State and of the county in which the section was circulated, and that the section was circulated in absolute good faith for the purpose of causing the recall of the elected official named in the petition;
(4) the dates between which all signatures to that page were collected; and
(5) a statement, signed by the circulator, as to the truth and correctness of the aforesaid information.
(cf: P.L.1995, c.105, s.9)
2[19. Section 11 of P.L.1995, c.105 (C.19:27A-11) is amended to read as follows:
11. All sections of a completed recall petition shall be filed with the recall election official at the same time. When a petition is presented for filing, the recall election official, within 10 business days, shall determine the total number of signatures affixed thereto and whether the completed petition complies with the other provisions of this act. A petition which contains an insufficient number of signatures , which fails to include the affidavit or affidavits required to be submitted with the petition, which includes a defective affidavit or affidavits, or otherwise fails to comply with the provisions of this act shall be void. The failure to submit the required affidavit or affidavits or the submission of a defective affidavit or affidavits shall not be curable after the petition is submitted.1
(cf: P.L.1995, c.105, s.11)]2
1[7.] 2[10.1] 3[8.2] 7.3 This act shall take effect immediately.
Eliminates voter registration and in-district residency requirements for certain petition circulators; eliminates in-district residency requirement for petition circulators for partisan primary nominations; establishes petition circulator criteria.
