Bill Text: NJ S2912 | 2022-2023 | Regular Session | Amended
Bill Title: Provides police officers may be present at senior residential center or school being used as polling place under certain circumstances; requires school to establish election day security plan.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Engrossed - Dead) 2022-11-03 - Received in the Senate, 2nd Reading on Concurrence [S2912 Detail]
Download: New_Jersey-2022-S2912-Amended.html
[Second Reprint]
SENATE, No. 2912
STATE OF NEW JERSEY
220th LEGISLATURE
INTRODUCED JUNE 23, 2022
Sponsored by:
Senator M. TERESA RUIZ
District 29 (Essex)
Senator PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Co-Sponsored by:
Senators Holzapfel, Cunningham, Polistina, Pou and Zwicker
SYNOPSIS
Provides police officers may be present at senior residential center or school being used as polling place under certain circumstances; requires school to establish election day security plan.
CURRENT VERSION OF TEXT
As reported by the Assembly Oversight, Reform and Federal Relations Committee on October 24, 2022, with amendments.
An Act 1[concerning police presence at public schools and senior residential centers] providing that police officers may be present at a senior residential center or public school1 being used as a polling place 1[and] under certain circumstances, requiring public schools to establish election day security plans,1 amending R.S.19:6-16 1 2,2 and supplementing chapter 8 of Title 19 of the Revised Statutes1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1[1. R.S.19:6-16 is amended to read as follows:
19:6-16. a. (1) The commission, committee, board or official having charge of the police department in any county or municipality shall not assign police officers to any district board in that county or municipality, in order to enforce the election laws, maintain order, peace and quiet during the hours of registry and election, assist the board by performing the duties of a board member, or serve at the polling place of that district board, or in order to perform other routine purposes related to the conduct of elections, except that a district board, superintendent of elections, or a county clerk may request that a police officer or sheriff's officer be assigned to transport specific election materials to a polling place or from a polling place to the district board or county clerk and a police officer or sheriff's officer may be assigned for that purpose.
[The] (2) Notwithstanding paragraph (1) of this subsection or any other law, rule, or regulation to the contrary, at the request of a public school or senior residential center, the commission, committee, board, or official having charge of the police department in any county or municipality may assign one or more police officers to a public school or a senior residential center that [has reported a threat or safety concern, and any such] is being used as a polling place during the conduct of an election. The purpose of an officer's presence at the public school or senior residential center shall be to maintain order and to provide security at that location during the conduct of the election. No officer assigned to a public school or a senior residential center shall [not] interfere with [any] a person present at the location for the purpose of voting.
b. Nothing in subsection a. of this section, subsection b. of R.S.19:6-15, or subsection b. of section 2 of P.L.1991, c.306 (C.19:6-15.1) shall be construed to prohibit the dispatch, detail, or assignment of a police officer or other law enforcement officer due to a request for assistance made to the commission, committee, board, body, authority, or official having charge of the police department in any county or municipality, or to any other law enforcement agency, for assistance with regard to a specific emergency, allegation of criminal conduct, or disturbance that exists at the time the request for assistance is made. The police officers or law enforcement officers responding to the request for assistance shall take any prompt actions as may be available and as may be necessary in order to address the emergency, allegation, or disturbance and ensure the continued orderly conduct of the election and election processes, and shall remain present at that location during the conduct of the election only as long as necessary to investigate, address, and remove that specific emergency or disturbance.
The district board shall promptly notify the county board of elections or superintendent of elections, as appropriate, of the dispatch of any police officer or other law enforcement officer in response to a request for assistance in accordance with this subsection. The county board of elections or superintendent of elections, as appropriate, shall promptly notify the Secretary of State of the dispatch of that police officer or other law enforcement officer. The Secretary of State, county boards of elections, and superintendents of elections shall maintain a record of all dispatches issued and reported pursuant to this section, which shall include, but need not be limited to, the time of the dispatch, polling place location, reason for the dispatch, name of the police or law enforcement officer, the police or law enforcement officer's badge number, the duration of the police or law enforcement officer's presence, and the immediate outcome of the dispatch. Information obtained pursuant to this section is deemed to be a public or government record and shall be subject to disclosure as provided in the public records law, P.L.1963, c.73 (C.47:1A-1 et seq.)
(cf: P.L.2021, c.459, s.3)]1
11. R.S.19:6-16 is amended to read as follows:
19:6-16. a. The commission, committee, board or official having charge of the police department in any county or municipality shall not assign police officers to any district board in that county or municipality, in order to enforce the election laws, maintain order, peace and quiet during the hours of registry and election, assist the board by performing the duties of a board member, or serve at the polling place of that district board, or in order to perform other routine purposes related to the conduct of elections, except that a district board, superintendent of elections, or a county clerk may request that a police officer or sheriff's officer be assigned to transport specific election materials to a polling place or from a polling place to the district board or county clerk and a police officer or sheriff's officer may be assigned for that purpose. The commission, committee, board or official having charge of the police department in any county or municipality may assign one or more police officers to a senior residential center [that has reported a threat or safety concern] or school at the request of the center or school, and any such officer assigned to a senior residential center 2or school2 shall be in plain clothes and shall not interfere with any person present at the location for the purpose of voting.
If the center or school requests that a police officer be assigned, the center or school shall promptly notify the district board no later than seven days prior to the day of the election and indicate the duration of their presence and the district board shall follow the same procedure for notification in the manner specified in subsection b. of this section. Once notified, the county board of elections or superintendent of elections shall notify the Secretary of State in the same manner specified in subsection b. of this section.
b. Nothing in subsection a. of this section, subsection b. of 16 R.S.19:6-15, or subsection b. of section 2 of P.L.1991, c.306 (C.19:6-15.1) shall be construed to prohibit the dispatch, detail, or assignment of a police officer or other law enforcement officer due to a request for assistance made to the commission, committee, board, body, authority, or official having charge of the police department in any county or municipality, or to any other law enforcement agency, for assistance with regard to a specific emergency, allegation of criminal conduct, or disturbance that exists at the time the request for assistance is made. The police officers or law enforcement officers responding to the request for assistance shall take any prompt actions as may be available and as may be necessary in order to address the emergency, allegation, or disturbance and ensure the continued orderly conduct of the election and election processes, and shall remain present at that location during the conduct of the election only as long as necessary to investigate, address, and remove that specific emergency or disturbance.
The district board shall promptly notify the county board of elections or superintendent of elections, as appropriate, of the dispatch of any police officer or other law enforcement officer in response to a request for assistance in accordance with this subsection. The county board of elections or superintendent of elections, as appropriate, shall promptly notify the Secretary of State of the dispatch of that police officer or other law enforcement officer. The Secretary of State, county boards of elections, and superintendents of elections shall maintain a record of all dispatches issued and reported pursuant to this section, which shall include, but need not be limited to, the time of the dispatch, polling place location, reason for the dispatch, name of the police or law enforcement officer, the police or law enforcement officer's badge number, the duration of the police or law enforcement officer's presence, and the immediate outcome of the dispatch. Information obtained pursuant to this section is deemed to be a public or government record and shall be subject to disclosure as provided in the public records law, P.L.1963, c.73 (C.47:1A-1 et seq.).1
(cf: P.L.2021, c.459, s.3)
12. (New section) Beginning after January 1, 2023, all schools serving as polling places shall be required to develop security plans to prevent voters from having access to or the ability to interact with students. The security plan shall include a designated area in which voting shall take place that shall be locked and separate from the rest of the school if school is in session during the time an election is being held, provided the school has the ability to fulfil the mandate. The Secretary of the Department of Education and the Secretary of State shall notify schools of the security plan mandate immediately after enactment.1
1[2.] 3.1 This act shall take effect immediately.
