Bill Text: NJ S3635 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires election result challenges be sent to specific panel of judges.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-09-19 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S3635 Detail]
Download: New_Jersey-2024-S3635-Introduced.html
Sponsored by:
Senator JOSEPH P. CRYAN
District 20 (Union)
SYNOPSIS
Requires election result challenges be sent to specific panel of judges.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning election result challenges 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. Notwithstanding any provision of Title 19 of the Revised Statutes, or any other law, rule, or regulation to the contrary, the Chief Justice of the New Jersey Supreme Court shall annually assign, not later than the Tuesday after Columbus Day, a minimum of three Superior Court judges for each of the following designated geographic regions to hear and adjudicate all election recount and contest matters arising under chapter 28 or chapter 29 of Title 19 of the Revised Statutes within each region:
(1) the Northern Region, containing the counties of Hudson, Essex, Morris, Bergen, Passaic, Warren, and Sussex;
(2) the Central Region, containing the counties of Union, Hunterdon, Mercer, Middlesex, Monmouth, and Somerset; and
(3) the Southern Region, containing the counties of Burlington, Ocean, Camden, Atlantic, Cape May, Salem, Gloucester, and Cumberland.
b. In determining the number of judges to assign to each region pursuant to subsection a. of this section, the Chief Justice shall take into account any criteria the Chief Justice deems appropriate, including, but not limited to:
(1) the population of each region;
(2) prior election recount and contest volume; and
(3) election year voter turnout.
At the Chief Justice's discretion, a county assigned to a region pursuant to subsection a. of this section may be assigned to a different geographically contiguous region in any given year. Each year, upon assigning the counties to the regions, the Chief Justice shall cause to be published on the official website of the Judiciary Branch the counties assigned to the regions, and the number and names of the judges assigned to each region.
c. In hearing and adjudicating election recount and contest matters, a judge assigned to a region shall act individually and not as a panel. If an election recount or contest is filed that arises from one of the counties in a particular region, the next available judge in that region shall be assigned that case. The assignment of election recount and contest cases shall not be limited to a judge in the county of origin, rather to the availability of a judge in the region containing that county to hear the matter immediately.
d. All hearings and adjudication of election recount and contest matters pursuant to this act, P.L. , c. (pending before the Legislature as this bill), shall be heard and adjudicated prior to the assumption of office of the elected candidate, or the reorganization of the governing body to which the elected candidate was elected, as the case may be. All pleadings shall be given an initial hearing within 36 hours of an initial filing.
2. This act shall take effect immediately.
STATEMENT
This bill requires the Chief Justice of the New Jersey Supreme Court to create geographic regions for assigned Superior Court judges to adjudicate election recounts and contests.
Under the bill, the Chief Justice of the New Jersey Supreme Court, at the Chief Justice's discretion, will annually assign, not later than the Tuesday after Columbus Day each October, a minimum of three Superior Court judges for each of the following designated regions to hear and adjudicate all election recount and contest matters: (1) the Northern Region, containing the counties of Hudson, Essex, Morris, Bergen, Passaic, Warren, and Sussex; (2) the Central Region, containing the counties of Union, Hunterdon, Mercer, Middlesex, Monmouth, and Somerset; and (3) the Southern Region, containing the counties of Burlington, Ocean, Camden, Atlantic, Cape May, Salem, Gloucester, and Cumberland. The bill also permits the Chief Justice to take into account any criteria the Chief Justice deems appropriate in assigning the regions and determining the number of judges for each region, including, but not limited to, population, historical recount volume, and voter turnout. Under the bill, the regions, and the number and names of the judges assigned to each region, would be published annually on the official website of the Judiciary Branch.
The bill further provides that, in hearing and adjudicating election recount and contest matters, a judge assigned to a region would act individually and not as a panel. If an election recount or contest is filed in any one of the counties in a particular region, the next available judge in that region would be assigned that case. The assignment of election recount and contest cases would not be limited to a judge in the county of origin, rather to the availability of a judge in the region containing that county to hear the matter immediately.
Under the bill, all matters related to a recount or contest would be heard and adjudicated prior to the assumption of office of the elected candidate, or the reorganization of the governing body to which the elected candidate was elected, as the case may be. In addition, all pleadings would be given an initial hearing within 36 hours of an initial filing.
