Bill Text: NJ A5259 | 2020-2021 | Regular Session | Introduced
Bill Title: Transfers Division of Elections from Department of State to Department of Law and Public Safety; designates Attorney General as chief election official and requires two bipartisan co-directors.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2021-01-12 - Introduced, Referred to Assembly State and Local Government Committee [A5259 Detail]
Download: New_Jersey-2020-A5259-Introduced.html
Sponsored by:
Assemblyman HAROLD "HAL" J. WIRTHS
District 24 (Morris, Sussex and Warren)
Assemblyman PARKER SPACE
District 24 (Morris, Sussex and Warren)
SYNOPSIS
Transfers Division of Elections from Department of State to Department of Law and Public Safety; designates Attorney General as chief election official and requires two bipartisan co-directors.
CURRENT VERSION OF TEXT
As introduced.
An Act transferring the Division of Elections from the Department of State to the Department of Law and Public Safety and requiring bipartisan co-director appointments, amending P.L.1994, c.182, and supplementing P.L.1944, c.20 (C.52:17A-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 25 of P.L.1994, c.182 (C.19:31-6a) is amended to read as follows:
25. The [Secretary of State] Attorney General is designated the chief State election official and shall be responsible for the coordination of this State's responsibilities pursuant to the provisions of the "National Voter Registration Act of 1993," Pub.L.103-31 (42 U.S.C. s.1973gg et seq.) and the "Help America Vote Act of 2002," Pub.L.107-252 (42 U.S.C. ss.15301 et seq.).
(cf: P.L.2007, c.254, s.2)
2. (New section) a. The Division of Elections in the Department of State, together with all of the division's functions, powers, and duties, is transferred to and constituted as the Division of Elections in the Department of Law and Public Safety.
b. Effective with the effective date of this act, P.L. , c. (pending before the Legislature as this bill), the Attorney General shall be the chief election official of this State and any references to the Secretary of State relative to any election matter appearing in the statutory law shall be a reference to the Attorney General, unless the context or language of the statute provides otherwise.
c. All responsibility for the budget, fiscal, and personnel matters of the Division of Elections is transferred to the Department of Law and Public Safety.
d. Whenever in any rule, regulation, order, contract, document, judicial, or administrative proceeding or otherwise, reference is made to the Division of Elections in the Department of State, the same shall mean the Division of Elections in the Department of Law and Public Safety.
e. All transfers directed by this act shall be made in accordance with the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.).
3. (New section) a. The Division of Elections in the Department of Law and Public Safety shall be administered by two co-directors, to be appointed by the Governor with the advice and consent of the Senate, as follows:
(1) one co-director shall be of the same political party as the Governor, and shall be appointed upon the recommendation of the State party chairperson of that political party, the leader of that political party in the Senate, and the leader of that political party in the General Assembly; and
(2) one co-director shall be of the political party that received the second largest number of votes at the most recent election for the office of Governor, and shall be appointed upon the recommendation of the State party chairperson of that political party, the leader of that political party in the Senate, and the leader of that political party in the General Assembly.
b. Each co-director appointed pursuant to subsection a. of this section shall serve for a term of four years and each appointment shall expire upon the expiration of the Governor's term of office. A co-director may be reappointed every four years as provided in this section. A vacancy in the office of co-director due to resignation, removal, or death shall be filled for the remaining of the term in the same manner as the original appointment was made.
4. Section 1 of P.L.2007, c.254 (C.52:16A-98) is repealed.
5. This act shall take effect on January 1 next following the date of enactment, but the Secretary of State and the Attorney General may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill transfers the Division of Elections from the Department of State to Department of Law and Public Safety and designates the Attorney General as the chief election official in this State. The bill also requires the division to be administered by two bipartisan co-directors.
Under the bill, each co-director would be appointed by the Governor with the advice and consent of the Senate. One co-director would be of the same political party as the Governor, and would be appointed upon the recommendation of the State party chairperson of that political party, the leader of that political party in the Senate, and the leader of that political party in the General Assembly. The second co-director would be of the political party that received the second largest number of votes at the most recent election for the office of Governor, and would be appointed upon the recommendation of the State party chairperson of that political party, the leader of that political party in the Senate, and the leader of that political party in the General Assembly. The co-directors would serve for a four-year term, to expire upon the expiration of the Governor's term of office. A co-director may be reappointed for future four-year terms. Any vacancy in the office of co-director would be filled for the remaining of the term in the same manner as the original appointment was made.
The bill would take effect on January 1 next following the date of enactment, but the Secretary of State and the Attorney General may take such anticipatory administrative action in advance thereof as may be necessary for its implementation.
