Bill Text: NJ S4313 | 2026-2027 | Regular Session | Introduced
Bill Title: Concerns deployment of military or other federal forces at polling places in the State.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced) 2026-05-21 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S4313 Detail]
Download: New_Jersey-2026-S4313-Introduced.html
Sponsored by:
Senator JOSEPH P. CRYAN
District 20 (Union)
SYNOPSIS
Concerns deployment of military or other federal forces at polling places in the State.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the deployment of military or other federal forces at polling places in the State 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. Whoever, being an officer of the armed forces of the United States or the National Guard, orders, brings, keeps, or has under his or her authority or control any troops or armed persons at any place where an election is held, unless such force be necessary to repel armed enemies of the United States, and thereby acts in violation of federal law or any laws of this State, shall be guilty of a crime of the third degree.
b. This section shall not prevent any officer or member of the armed forces of the United States or National Guard from exercising the right of suffrage.
c. This section shall not be interpreted to limit when law enforcement is permitted by New Jersey law to be near a polling place or mail-in ballot drop box location, pursuant to section 2 of P.L.1991, c.306 (C.19:6-15.1) or section 1 of P.L.2020, c.72 (C.19:63-16.1)
2. a. (1) Whoever, being an officer or member of the armed forces of the United States or National Guard, prescribes or fixes or attempts to prescribe or fix, whether by proclamation, order or otherwise, the qualifications of voters at any election in the State; or
(2) Whoever, being such officer or member, prevents or attempts to prevent by force, threat, intimidation, advice or otherwise any qualified voter of the State from fully exercising the right of suffrage at any election; or
(3) Whoever, being such officer or member, orders or compels or attempts to compel any election officer in the State to receive a vote from a person not legally qualified to vote; or
(4) Whoever, being such officer or member, imposes or attempts to impose any regulations for conducting any election in the State, different from those prescribed by law; or
(5) Whoever, being such officer or member, interferes in any manner with an election officer's discharge of his or her duties, and thereby acts in violation of federal law or any laws of this State, shall be guilty of a crime of the third degree.
b. This section shall not prevent any officer or member of the armed forces from exercising the right of suffrage.
3. a. Whoever, being a person employed in any administrative position by the United States, or by any department or agency thereof, or by the State of New Jersey or any agency or instrumentality thereof, in connection with any activity which is financed in whole or in part by loans or grants made by the United States or the State of New Jersey, or any department or agency thereof, uses his or her official authority for the purpose of interfering with, or affecting, the nomination or the election of any candidate for the office of President, Vice President, Presidential elector, Member of the United States Senate, Member of the United States House of Representatives, the office of Governor or Lieutenant Governor, Member of the New Jersey Legislature, or an office in a county or municipality, and thereby acts in violation of federal law or any laws of this State, shall be guilty of a crime of the third degree.
b. This section shall not prohibit or make unlawful any act by any officer or employee of any educational or research institution, establishment, agency, or system which is supported in whole or in part by any state or political subdivision thereof, or by the District of Columbia or by any territory or possession of the United States; or by any recognized religious, philanthropic, or cultural organization.
4. a. A person aggrieved by a violation of this act, P.L. , c. (C. ) (pending before the Legislature as this bill), may enforce the provisions of this act in a suit in equity. A prevailing plaintiff in such an action shall recover reasonable attorney's fees, reasonable expert fees, reasonable litigation expenses, and all such fees as are appropriate as part of the costs to be determined by the Superior Court.
b. An election officer holding an election or conducting a canvass may enforce the provisions of this act and may institute an action for equitable relief on behalf of an aggrieved person who is in the officer's jurisdiction or is eligible to vote in the officer's jurisdiction.
c. The Attorney General may enforce the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) and may institute for the State, or in the name of the State, an action for equitable relief, including an application for a temporary or permanent injunction, restraining order, or other order.
d. A suit brought by an election officer holding an election or conducting a canvass or by the Attorney General under this section shall not preclude a contemporaneous private suit by an aggrieved person to enforce the provisions of this act.
e. The provisions of this act are cumulative and shall not be construed as restricting the application of any other law, including, but not limited to, the application of a criminal law to a person whose conduct violates this act.
5. This act shall take effect
immediately.
STATEMENT
This bill concerns the deployment of military forces at polling places or mail-in ballot drop box locations.
Under the bill, an officer of the armed forces of the United States or the National Guard, who orders, brings, keeps, or has under his or her authority or control any troops or armed persons at any place where an election is held, unless such force is necessary to repel armed enemies of the United States, will be guilty of a crime of the third degree. The provisions are consistent with federal law.
Consistent with federal law, the bill specifies that an officer or member of the armed forces of the United States or National Guard, who prescribes or fixes or attempts to prescribe or fix, whether by proclamation, order or otherwise, the qualifications of voters at any election in the State; or prevents or attempts to prevent by force, threat, intimidation, advice or otherwise any qualified voter of the State from fully exercising the right of suffrage at any election; or orders or compels or attempts to compel any election officer in the State to receive a vote from a person not legally qualified to vote; or imposes or attempts to impose any regulations for conducting any election in the State, different from those prescribed by law; or in any manner with an election officer's discharge of his or her duties, will be guilty of a crime of the third degree.
Consistent with federal law, a person employed in any administrative position by the United States, or by any department or agency thereof, or by the State of New Jersey or any agency or instrumentality thereof, in connection with any activity which is financed in whole or in part by loans or grants made by the United States or the State of New Jersey, or any department or agency thereof, uses his or her official authority for the purpose of interfering with, or affecting, the nomination or the election of any candidate for the office of President, Vice President, Presidential elector, Member of the United States Senate, Member of the United States House of Representatives, the office of Governor or Lieutenant Governor, Member of the New Jersey Legislature, or an office in a county or municipality, will be guilty of a crime of the third degree.
A person aggrieved by a violation of this bill may enforce the provisions of this act in a suit in equity. A prevailing plaintiff in such an action will be able to recover reasonable attorney's fees, reasonable expert fees, reasonable litigation expenses, and all such fees as are appropriate as part of the costs to be determined by a court of competent jurisdiction. An election officer holding an election or conducting a canvass may enforce the provisions of this act and may institute an action for equitable relief on behalf of an aggrieved person who is in the officer's jurisdiction or is eligible to vote in the officer's jurisdiction. The Attorney General may enforce the provisions of this bill and may institute for the State, or in the name of the State, an action for equitable relief, including an application for a temporary or permanent injunction, restraining order, or other order. A suit brought by an election officer holding an election or conducting a canvass or by the Attorney General does not preclude a contemporaneous private suit by an aggrieved person to enforce the provisions of this act.
