Bill Text: NJ S2438 | 2010-2011 | Regular Session | Introduced
Bill Title: Guarantees right to conduct certain political activities in public places.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-12-09 - Reported from Senate Committee with Amendments, 2nd Reading [S2438 Detail]
Download: New_Jersey-2010-S2438-Introduced.html
Sponsored by:
Senator JEFF VAN DREW
District 1 (Cape May, Atlantic and Cumberland)
SYNOPSIS
Guarantees right to conduct certain political activities in public places.
CURRENT VERSION OF TEXT
As introduced.
An Act guaranteeing the right to conduct certain political activities in public places and supplementing Title 19 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. A candidate for elective public office, or any person advocating the election or defeat of a candidate for elective public office or the passage or defeat of any public question, shall have the right to be present in any public place for the purpose of approaching and speaking to members of the public and distributing campaign literature, subject only to reasonable limitations necessary to ensure public safety.
As used in this section,
"public place" means any public park, street, or sidewalk, any portion of a public building or other public property which is a traditional public forum or has been designated as a public forum, the common areas of any indoor or outdoor shopping mall, and the outdoor premises of a store or other retail mercantile establishment;
"store or other retail mercantile establishment" means a place where merchandise is displayed, held, stored or sold or offered to the public for sale; and
"outdoor premises of a store or retail mercantile establishment" means outdoor common use areas in shopping centers and parking areas set aside by a merchant, or on behalf of a merchant, for the parking of vehicles for the convenience of the patrons of such retail establishment.
The provisions of this section shall not be construed as limiting any right established or recognized by the Constitution of this State, statute, or judicial case law.
2. This act shall take effect immediately.
STATEMENT
The purpose of this bill is to guarantee the right of candidates for elective public office, as well as any other person advocating the election or defeat of a candidate for public office or the passage or defeat of any public question, to be present in public places for the purpose of approaching and speaking to members of the public and distributing campaign materials. Under the bill, a "public place" includes parks, streets, sidewalks, and portions of public buildings or other public property that traditional public forums or have been designated as public forums, as well as the common areas of any indoor or outdoor shopping mall and the outdoor premises of a store or other retail establishment, including outdoor common use areas in shopping centers and patron parking areas.
As has been recognized in New Jersey court decisions, shopping malls have replaced traditional downtowns as public gathering places. In addition, the outdoor portions of retail establishments, including parking lots, are one of the few remaining gathering places at which candidates and other politically-interested individuals may meet with members of the public and disseminate their message. Ensuring the right of candidates and others to be present where people are gathered enables candidates, including candidates who may not receive, or accept, large amounts of campaign contributions, the opportunity to bring their message directly to the voters.
