SENATE, No. 1873

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED MAY 10, 2010

 


 

Sponsored by:

Senator  JOSEPH M. KYRILLOS, JR.

District 13 (Middlesex and Monmouth)

 

 

 

 

SYNOPSIS

     Changes way electors for President and Vice President of the United States are selected in State.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning electors of the President and Vice President of the United States and amending and supplementing various parts of the statutory law.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  R.S.19:1-1 is amended to read as follows:

     19:1-1.  As used in this Title:

     "Election" means the procedure whereby the electors of this State or any political subdivision thereof elect persons to fill public office or pass on public questions.

     "General election" means the annual election to be held on the first Tuesday after the first Monday in November.

     "Primary election for the general election" means the procedure whereby the members of a political party in this State or any political subdivision thereof nominate candidates to be voted for at general elections, or elect persons to fill party offices.

     "Presidential primary election" means the procedure whereby the members of a political party in this State or any political subdivision thereof elect persons to serve as delegates and alternates to national conventions.

     "Municipal election" means an election to be held in and for a single municipality only, at regular intervals.

     "Special election" means an election which is not provided for by law to be held at stated intervals.

     "Any election" includes all primary, general, municipal, school and special elections, as defined herein.

     "Municipality" includes any city, town, borough, village, or township.

     "School election" means any annual or special election to be held in and for a local or regional school district established pursuant to chapter 8 or chapter 13 of Title 18A of the New Jersey Statutes.

     "Public office" includes any office in the government of this State or any of its political subdivisions filled at elections by the electors of the State or political subdivision.

     "Public question" includes any question, proposition or referendum required by the legislative or governing body of this State or any of its political subdivisions to be submitted by referendum procedure to the voters of the State or political subdivision for decision at elections.

     "Political party" means a party which, at the election held for all of the members of the General Assembly next preceding the holding of any primary election held pursuant to this Title, polled for members of the General Assembly at least 10% of the total vote cast


in this State.

     "Party office" means the office of delegate or alternate to the national convention of a political party or member of the State, county or municipal committees of a political party.

     "Masculine" includes the feminine, and the masculine pronoun wherever used in this Title shall be construed to include the feminine.

     "Presidential year" means the year in which electors and at large electors of President and Vice-President of the United States are voted for at the general election.

     "Election district" means the territory within which or for which there is a polling place or room for all voters in the territory to cast their ballots at any election.

     "District board" means the district board of registry and election in an election district.

     "County board" means the county board of elections in a county.

     "Superintendent" means the superintendent of elections in counties wherein the same shall have been appointed.

     "Commissioner" means the commissioner of registration in counties.

     "File" or "filed" means deposited in the regularly maintained office of the public official wherever said regularly maintained office is designated by statute, ordinance or resolution.

(cf:  P.L.2005, c.136, s.1)

 

     2.  R.S.19:3-5 is amended to read as follows:

     19:3-5.  No person shall hold at the same time more than one of the following offices: elector or at large elector of President and Vice-President of the United States, member of the United States Senate, member of the House of Representatives of the United States, member of the Senate or of the General Assembly of this State, county clerk, register, surrogate or sheriff.

     No person shall hold the office of member of the Senate or the General Assembly of this State and, at the same time, hold any other elective public office in this State, except that any person who holds the office of member of the Senate or the General Assembly and, at the same time, holds any other elective public office on the effective date of P.L.2007, c.161 may continue to hold that office of member of the Senate or that office of member of the General Assembly, and may hold that other elective public office at the same time if service in the Senate or the General Assembly and the other elective office are continuous following the effective date of P.L.2007, c.161.

     No person shall be elected an elector or at large elector of President and Vice-President of the United States unless [he] that person shall possess the qualifications of a legal voter of the State, shall be of the age of 25 years or upwards and shall have been a citizen of the United States [seven] 7 years next preceding such election.

     Each elector shall be a registered voter in the congressional district in which the elector resides for at least one year prior to the day of the general election at which the elector is elected and shall continue as such while the elector is in office.  Each at large elector shall be a registered voter in the State for at least one year prior to the day of the general election at which the elector is elected and shall continue as such while the elector is in office.

     No person shall be elected a member of the House of Representatives, or an elector or at large elector of President and Vice-President who shall hold any office of trust or profit under the United States.

(cf:  P.L.2007, c.161, s.1)

 

     3.  R.S.19:12-1 is amended to read as follows:

     19:12-1.  The Secretary of State shall within thirty days after the completion of the canvass by the board of State canvassers, certify to each county clerk and county board the fact that at the next preceding general election held for the election of all of the members of the General Assembly ten per centum (10%) of the total vote cast in the State for members of the General Assembly had been cast for candidates having the same designation, thereby creating, within the meaning of this Title, a political party, to be known and recognized as such under the same designation as used by the candidates for whom the required number of votes were cast.

     The Secretary of State shall also not later than the sixtieth day preceding the presidential primary election in each presidential year in which electors and at large electors of President and Vice-President of the United States are to be selected, and not later than the sixtieth day preceding the primary election for the general election in which a representative of the United States Senate, members of the House of Representatives, a Governor, a Lieutenant Governor, or Senator, or member or members of the General Assembly for any county, or any of them, are to be elected or any public question is to be submitted to the voters of the entire State, direct and cause to be delivered to the clerk of the county and the county board wherein any such election is to be held, a notice stating that such officer or officers are to be elected and that such public question is to be submitted to the voters of the entire State at the ensuing general election.

(cf:  P.L.2009, c.66, s.2)

 

     4.  R.S.19:13-1 is amended to read as follows:

     19:13-1.  Candidates for all public offices to be voted for at the general election in this state or in any political division thereof, except electors and at large electors of president and vice president of the United States nominated by the political parties at state conventions, shall be nominated directly by petition as hereinafter provided, or at the primary for the general election held pursuant to this title.

(cf:  R.S.19:13-1)

 

     5.  R.S.19:13-2 is amended to read as follows:

     19:13-2.  In presidential years the state conventions shall severally nominate for their respective parties such number of candidates for electors and at large electors of president and vice president of the United States as this state shall be entitled to elect or appoint.

(cf:  R.S.19:13-2)

 

     6.  R.S.19:13-9 is amended to read as follows:

     19:13-9.  All such petitions and acceptances thereof shall be filed with the officer or officers to whom they are addressed before 4:00 p.m. of the day of the holding of the primary election for the general election in this Title provided.  All petitions when filed shall be open under proper regulations for public inspection.

     Notwithstanding the above provision, all petitions and acceptances thereof nominating electors and at large electors of candidates for President and Vice President of the United States, which candidates have not been nominated at a convention of a political party as defined by this Title, shall be filed with the Secretary of State before 4:00 p.m. of the 99th day preceding the general election in this Title provided.  All petitions when filed shall be opened under proper regulations for public inspection.

     The officer or officers shall transmit to the Election Law Enforcement Commission the names of all candidates, other than candidates for federal office, nominated by petition and any other information required by the commission in the form and manner prescribed by the commission and shall notify the commission immediately upon the withdrawal of a petition of nomination.

(cf:  P.L.1998, c.147, s.2)

 

     7.  R.S.19:13-11 is amended to read as follows:

     19:13-11.  The officer with whom the original petition was filed shall in the first instance pass upon the validity of such objection in a summary way unless an order shall be made in the matter by a court of competent jurisdiction and for this purpose such officer shall have power to subpoena witnesses and take testimony or depositions. He shall file his determination in writing in his office on or before the tenth day after the last day for the filing of petitions, which determination shall be open for public inspection.

     In the case of petitions nominating electors and at large electors of candidates for President and Vice President of the United States, which candidates have not been nominated at a convention of a political party as defined by this Title, the Secretary of State shall file his or her determination in writing in his or her office on or before the 93rd day before the general election, which determination shall be open for public inspection.

(cf:  P.L.1998, c.147, s.3)

 

     8.  R.S.19:13-12 is amended to read as follows:

     19:13-12.  Any judge of the Superior Court, in the case of candidates to be voted for by the electors of the entire State or of more than one county thereof, and in all other cases a judge of the Superior Court assigned to the county in which any petition of nomination shall be filed, on the application or complaint, duly verified, of any candidate, which application or complaint shall be made on or before the twelfth day after the last day for the filing of petitions, setting forth any invasion or threatened invasion of his rights under the petition of nomination filed with the Secretary of State or with any county clerk, shall hear such application or complaint in a summary way and make such order thereon as will protect and enforce the rights of such candidates, which order or determination shall be filed within three days after the filing of the application or complaint.

     Notwithstanding the above provision, in the case of a nomination petition or petitions for electors and at large electors of candidates for President and Vice President of the United States, which candidates have not been nominated at a convention of a political party as defined by this Title, any judge of the Superior Court, on the application or complaint, duly verified, of any candidate, which application or complaint shall be made at least 95 days before the general election, setting forth any invasion or threatened invasion of his or her rights under the petition of nomination filed with the Secretary of State, shall hear such application or complaint in a summary way and make such order thereon as will protect and enforce the rights of such candidates, which order or determination shall be filed within three days after the filing of the application or complaint.

(cf:  P.L.1998, c.147, s.4)

 

     9.  R.S.19:13-13 is amended to read as follows:

     19:13-13.  A candidate whose petition of nomination, or any affidavit or affidavits thereto, is defective may cause such petition, or the affidavit or affidavits thereto, to be amended in matters of substance or of form as may be necessary, but not to add signatures, or such amendment or amendments may be made by filing a new or substitute petition, or affidavit or affidavits, and the same when so amended shall be of the same effect as if originally filed in such amended form; but every amendment shall be made on or before the tenth day after the last day for the filing of petitions.  This provision shall be liberally construed to protect the interest of candidates.

     Notwithstanding the above provision, in the case of nomination petitions for electors and at large electors for candidates for President and Vice President of the United States, which candidates have not been nominated at a convention of a political party as defined by this Title, every statutorily authorized amendment shall be made on or before the 93rd day before the general election.

(cf:  P.L.1998, c.147, s.5)

 

     10.  R.S.19:13-15 is amended to read as follows:

     19:13-15.  In presidential years the State committee of a political party shall meet at the call of its chairman, within [1] one week following the closing of the party's national convention, for the purpose of nominating candidates for electors and at large electors of President and Vice-President of the United States and shall certify such nomination in a written or printed or partly written and partly printed certificate of nomination.

     The certificate of nomination shall contain the name of each person nominated, his residence and post-office address, the congressional district in which he resides if he is to serve as an elector from a congressional district, the office for which he is named, and shall also contain in not more than [3] three words the designation of the party the nominating body represents.  The names of the candidates for President and Vice-President for whom such electors are to vote may be included in the certificate.  The State committee may also appoint a committee to whom shall be delegated the power to fill vacancies occurring prior to the election of the electors, howsoever caused prior to the general election at which the electors and at large electors are elected, and the names and addresses of such committee shall be included in the certificate.

     The certificate shall be signed by the State chairman who shall make oath before an officer authorized to administer the same that he is the State chairman of the political party and that the certificate and statements therein contained are true to the best of his knowledge and belief.  A certificate that such oath has been taken shall be made and signed by the officer administering the same and indorsed upon or attached to the certificate of nomination.  Inclosed upon or attached to the certificate shall be statements in writing that the persons named therein accept such nominations and the oath of allegiance prescribed in section 41:1-1 of the Revised Statutes duly taken and subscribed by each or all of them before an officer or officers authorized to take oaths in this State.

     The certificate of nomination and the acceptance thereof shall be filed with the Secretary of State not later than [1] one week after the nomination of such electors and at large electors of President and Vice-President of the United States.

     The procedure for all objections to the certificates of nomination, the determination of the validity of such objections, the correction of defective certificates, and the presentation of such certificates and any documents attached thereto, shall be the same as herein
provided for direct petitions of nominations.

(cf:  P.L.2007, c.334, s.2.)

 

     11.  R.S.19:13-17 is amended to read as follows:

     19:13-17. The officer to whom the notification of declination is given shall forthwith, by mail or otherwise, inform at least [5] five of the persons who signed the original petition that such nomination has been declined; except that in the case of the nomination of electors and at large electors of President and Vice-President of the United States by the State committee of a political party he shall inform the committee appointed by the State committee to fill vacancies, or if there be no such committee, the chairman of the State committee.

(cf:  P.L.1968, c.87, s.2)

 

     12.  R.S.19:13-21 is amended to read as follows:

     19:13-21.  If the nomination vacated is that of a candidate for elector or at large elector of the President and Vice-President of the United States, the vacancy shall be filled by the committee to whom power shall have been delegated to fill vacancies if such there be, otherwise by the State committee of the political party which nominated the elector whose nomination is vacated.  The chairman and secretary of the vacancy committee or State committee shall file with the Secretary of State on or before the [48th] day prior to the general election a certificate of nomination for filling the vacancy.  This certificate shall be made and filed in the same manner and form as heretofore provided for filling vacancies among candidates nominated at the primary and there shall be annexed thereto the oath of allegiance prescribed in section 41:1-1 of the Revised Statutes duly taken and subscribed by the person so nominated before an officer authorized to take oaths in this State.

(cf:  P.L.1985, c.92, s.15)

 

     13.  R.S.19:14-4 is amended to read as follows:

     19:14-4.  In the center of the ballot immediately below the perforated line shall be printed in bold-faced type the words "Official general election ballot."  Below these words and extending across the ballot shall appear the words:  "Name of (municipality), ...................... ward, .................... election district, ...................... date of election, .................. John Doe, county clerk."  The blank spaces shall be filled in with the name of the proper municipality, the ward and district numbers and the date of the election.  For school elections the name of the school district and of the municipality or municipalities comprising the district shall also be indicated thereon.  The name of the county clerk shall be a facsimile of his signature.  Below the last stated words extending across the ballot and at the extreme left shall be printed the words "Instructions to the voter," and immediately to the right there shall be a bracket embracing the following instructions numbered consecutively:

     (1) The only kind of a mark to be made on this ballot in voting shall be a cross x, plus + or check.

     (2) To mark a cross x , plus +, check or when writing a name on this ballot use only ink or pencil.

     (3) To vote for any candidates whose names are printed in any column, mark a cross x , plus + or check in the square at the left of the names of such candidates not in excess of the number to be elected to the office.

     (4) To vote for any person whose name is not printed on this ballot, write or paste the name of such person under the proper title of office in the column designated personal choice and mark a cross x , plus + or check in the square to the left of the name so written or pasted.

     (5) To vote upon any public question printed on this ballot if in favor thereof, mark a cross x , plus + or check in the square at the left of the word "Yes," and if opposed thereto, mark a cross x , plus + or check in the square at the left of the word "No."

     (6) Do not mark this ballot in any other manner than above provided for and make no erasures.  Should this ballot be wrongly marked, defaced, torn or any erasure made thereon or otherwise rendered unfit for use return it and obtain another.  In presidential years, the following instructions shall be printed upon the general election ballot:

     (7) To vote for all the electors and at large electors of any party, mark a cross x , plus + or check in ink or pencil in the square at the left of the surnames of the candidates for president and vice-president for whom you desire to vote.

     Below the above-stated instructions and information and, except when compliance with section 19:14-15 of this Title as to Statewide propositions otherwise requires, three inches below the perforated line and parallel to it, there shall be printed a six-point diagram rule extending across the ballot to within not less than a half inch to the right and left edges of the paper.

(cf:  P.L.1995, c.278, s.17)

 

     14.  R.S.19:14-6 is amended to read as follows:

     19:14-6.  In each column, immediately below the six-point rule, shall be printed the proper word or words to designate the column, to be known as the "column designation."

     In the columns at the extreme left shall be printed the name of each of the political parties which made nominations at the next preceding presidential primary election, during the same year such an election is held, and the next preceding primary election for the general election every year, directly under which shall appear the words "to vote for any candidate whose name appears in the column below, mark a cross x, plus + or check in the square at the left of the name of such candidate.  Do not vote for more candidates than are to be elected to any office."  Such columns shall be three inches in width.

     The column next to the right of such columns shall be designated "personal choice," under which shall appear the words "in the blank column below, under the proper title of office, the voter may write or paste the name of any person for whom he desires to vote, whose name is not printed on this ballot, and shall mark a cross x, plus + or check in the square at the left of such name.  Do not vote for more candidates than are to be elected to any office."  There shall also be the same instructions regarding electors and at large electors of president and vice-president which now appear at the head of all other columns.  This column shall be four inches in width.

     The remaining column or columns, as the case may be, shall each be designated  "Nomination by Petition," under which shall be printed the words "to vote for any candidate whose name appears in the column below mark a cross x, plus + or check in the square at the left of the name of such candidate.  Do not vote for more candidates than are to be elected to any office."  These columns shall be four inches in width.

     Below the column designations and accompanying instructions and not more than one and one-half inches below the six-point diagram rule and parallel thereto, shall be printed a six-point diagram rule extending across the entire ballot from one four point rule to the other.

(cf: P.L.2005, c.136, s.22)

 

     15.  R.S.19:14-8 is amended to read as follows:

     19:14-8.  In the columns of each of the political parties which made nominations at the next preceding primary election to the general election and in the personal choice column, within the space between the two-point hair line rules, there shall be printed the title of each office to be filled at such election, except as hereinafter provided.

     Such titles of office shall be arranged in the following order: member of the United States Senate; Governor; member of the House of Representatives; member of the State Senate; members of the General Assembly; county executive, in counties that have adopted the county executive plan of the "Optional County Charter Law," P.L.1972, c.154 (C.40:41A-1 et seq.); sheriff; county clerk; surrogate; register of deeds and mortgages; county supervisor; members of the board of chosen freeholders; coroners; mayor and members of municipal governing bodies, and any other titles of office.  Above each of such titles of office, except the one at the top, shall be printed a two-point diagram rule in place of the two-point hair line rule.  Below the titles of such offices shall be printed the names of the candidates for the offices.

     In the columns of each of the political parties which made nominations at the next preceding presidential primary election and in the personal choice column, within the space between the two-point hair line rules, there shall be printed the title of office for electors and at large electors of President and Vice President of the United States.

     The arrangement of the names of candidates for any office for which more than one are to be elected shall be determined in the manner hereinafter provided, as in the case of candidates nominated by petition.

     When no nomination for an office has been made the words "No Nomination Made" in type large enough to fill the entire space or spaces below the title of office shall be printed upon the ballot.

     Immediately to the left of the name of each candidate, at the extreme left of each column, including the personal choice column, shall be printed a square, one-quarter of an inch in size, formed by two-point diagram rules.  In the personal choice column no names of candidates shall be printed.

     To the right of the title of each office in the party columns and the personal choice column shall be printed the words "Vote for," inserting in words the number of persons to be elected to such office.

(cf: P.L.2005, c.136, s.23)

 

     16.  Section 1 of P.L.1944, c.16 (C.19:14-8.1) is amended to read as follows:

     1.  When [Presidential Electors] electors and at large electors for President and Vice-President of the United States are to be elected, their names shall not be printed upon the ballot, either paper or voting machine, but in lieu thereof, the names of the candidates of their respective parties or political bodies for President and Vice-President of the United States shall be printed together in pairs under the title  "Presidential Electors for."  All ballots marked for the candidates for President and Vice-President of a party or political body, shall be counted as votes for each candidate for [Presidential Elector] elector and at large elector of such party or political body.

(cf:  P.L.1944, c.16, s.1)

 

     17.  R.S.19:14-10 is amended to read as follows:

     19:14-10.  In the column or columns designated as nominations by petition, within the space between the two-point hair line rules, there shall be printed the title of each office for which nominations by petition have been made.

     Such titles of office shall be arranged in the following order:  electors and at large electors of President and Vice-President of the United States; member of the United States Senate; Governor and Lieutenant Governor; member of the House of Representatives; member of the State Senate; members of the General Assembly; county executive, in counties that have adopted the county executive plan of the "Optional County Charter Law," P.L.1972, c.154 (C.40:41A-1 et seq.); sheriff; county clerk; surrogate; register of deeds and mortgages; county supervisor; members of the board of chosen freeholders; coroners; mayor and members of municipal governing bodies, and any other titles of office.

     Above each of the titles of office, except the one on the top, shall be printed a two-point diagram rule in place of the two-point hair line rule. Below the titles of each of the offices shall be printed the names of each of the candidates for each of such offices followed by the designation or designations mentioned in the petitions filed.

     Immediately to the left of the name of each candidate, at the extreme left of the column, shall be printed a square, one-quarter of an inch in size formed by two-point diagram rules.

     The names of candidates for any office for which more than one are to be elected shall be arranged in groups as presented in the several certificates of nominations or petitions, which groups shall be separated from other groups and candidates by two two-point hair line rules.

     To the right of the title of each office shall be printed the words "Vote for " inserting in words the number of candidates to be elected to such office.

(cf:  P.L.2009, c.66, s.3)

 

     18.  R.S.19:21-1 is amended to read as follows:

     19:21-1. a. The Board of State Canvassers shall meet at Trenton as soon as practicable but no later than the 28th day after the day of election, for the purpose of canvassing and estimating the votes cast for each person for whom any vote or votes shall have been cast for one or more members of the United States senate or of the house of representatives, or for electors and at large electors of president and vice president, or for governor and lieutenant governor, or for members of the Legislature, and upon each public question voted upon by the voters of the entire state or political division thereof greater than a county and of determining and declaring the person or persons who shall, by the greatest number of votes, have been duly elected to such office or offices, and the result of the vote cast upon any public question setting forth that it was approved or rejected.

     b.  The canvas of votes for candidates for president and vice president shall be a canvas of the votes cast for the electors and at large electors of the same political party or political organization. Receipt by the candidates for at large electors for president and vice president of a political party or a political organization of the largest number of votes in the State shall constitute the election of those two at large electors of that political party or political organization.  Receipt by the candidate for elector for president and vice president of a political party or a political organization of the largest number of votes in a congressional district shall constitute the election of that elector of that political party or political organization from the congressional district.

     [b.] c.  For the purpose of canvassing and estimating the votes cast for each person for whom any vote or votes shall have been cast in any special election, the board shall meet in Trenton as soon as practicable but no later than the 28th day after the day of the special election.

(cf:  P.L.2009, c.66, s.4)

 

     19.  R.S.19:22-8 is amended to read as follows:

     19:22-8.  a.  The secretary shall prepare a general certificate of the election of such electors and at large electors, and lay the same before the Governor, who shall sign his name thereto, in the presence of such secretary, which the secretary shall attest by signing his name thereto, and shall thereupon affix the seal of the State thereto, and deliver the same to the president of the college of electors of this State, on the day and at the time and place appointed for the meeting of such college;

     b.    The secretary shall also prepare a general certificate or certificates, as the case may be, of the electors who were not elected, and lay the same before the Governor, who shall sign his name thereto, in the presence of such secretary, which the secretary shall attest by signing his name thereto, and shall thereupon affix the seal of the State thereto, and deliver the same to the president of the college of electors of this State, on the day and at the time and place appointed for the meeting of such college;

     c.     Only one general certificate shall be certified as the elector slate for the purpose of electing the president and vice president of the United States.  In any year in which, on July 20, the "Agreement Among the States to Elect the President by National Popular Vote" is in effect in states cumulatively possessing a majority of the electoral votes, and the State of New Jersey remains a member of that agreement, the elector slate for the purpose of electing the president and vice president shall be certified in accordance with section 1 of this act, P.L.2007, c.334 (C.19:36-4).

(cf:  P.L.2007, c.334, s.3)

 

     20.  R.S.19:23-27 is amended to read as follows:

     19:23-27. Not later than twelve o'clock noon of the Saturday preceding a primary for the general election each municipal clerk shall have had printed and on hand in his office for the use of each of the political parties official primary ballots equal in number to one and one-tenth times the number of votes cast by such political party at the last preceding general election at which electors and at large electors for president and vice president of the United States were voted for in such election district.

     When an election district shall have been divided or the boundaries thereof changed, or a new district created, the municipal clerk shall ascertain as nearly as may be possible the number of voters in the new or rearranged or divided district, and provide therefor a sufficient number of official primary ballots in the above proportion.

     The cost of printing the official primary ballots shall be paid by the respective municipalities.

(cf:  R.S.19:23-27)

 

     21.  R.S.19:34-25 is amended to read as follows:

     19:34-25. a. If a person shall, directly or indirectly, by himself or by any other person in his behalf, give, lend or agree to give or lend, or shall offer, promise or promise to procure, or endeavor to procure, any money or other valuable consideration or thing to or for any voter, or to or for any person, in order to induce any voter to vote or refrain from registering for any election, or shall corruptly do or commit any of the acts in this section mentioned because of any such voter having voted or refrained from voting at an election, or registered or refrained from registering at an election, he shall be guilty of a crime of the third degree.

     Bribery of member of election board; acceptance.  b. Whosoever shall, directly or indirectly, make or give any money or other thing of value to any member of the district board because of his membership on such board, or when it shall appear that such money or other thing of value is made or given to such member because of his membership on the board, except as hereinbefore provided as his legal compensation for service on the board, shall be guilty of a crime of the third degree.

     Any member of a district board who shall, by himself, or by any other person in his behalf, receive any money or other thing of value because of his membership on such board, or when it shall appear that such money or other thing of value is accepted or received by such member because of his membership on the board, except as hereinbefore provided as his legal compensation for service on the board, shall be guilty of a crime of the third degree.

     Promising office or employment.  c. A person who shall directly or indirectly, by himself or by any other person in his behalf, give or procure, or agree to give or procure or offer or promise to procure, or endeavor to procure any office, place or employment to or for any voter, or to or for any person on behalf of such voter, or to or for any other person, in order to induce such voter to vote or refrain from voting, or to register or refrain from registering, or shall corruptly do any act as above because of any voter having voted or refrained from voting, or having registered or refrained from registering for any election, shall be guilty of a crime of the third degree.

     Acceptance of bribe by voter.  d. Any voter who shall directly or indirectly, by himself or by any other person on his behalf, receive, agree or contract for any money, gift, loan or valuable consideration, office, place or employment for himself or for any other person for voting or agreeing to vote, or for refraining or agreeing to refrain from voting at any election, or for registering or agreeing to register, or for refraining or for agreeing to refrain from registering for any election, shall be guilty of a crime of the third degree.

     Bribery of delegates. e. If a person shall, directly or indirectly, give, offer or promise to give any sum or sums of money or any valuable thing in action, victuals, drink or preferment or other considerations, by way of fee, reward, gift or gratuity, or other valuable present or reward to obtain, procure or influence the opinion, behavior, vote or abstaining from voting for the election of any delegate to any convention of any political party, to nominate any candidate for member of the legislature, for member of congress, for electors or at large electors for president and vice president of the United States, for governor, or for any candidate for any office in any county or municipality; or if any person being a delegate to any political convention to nominate candidates for any of the offices named in this title shall directly or indirectly, ask for, accept, receive or take any sum or sums of money, or other valuable consideration by way of fee, reward, gift or gratuity, or other valuable consideration for the giving or refusing to give his vote at any such convention, the person so offering, asking, or receiving shall be guilty of a crime of the third degree.

     Bribery at election.  f. Whoever shall, directly or indirectly, give, furnish, supply or promise, or cause to be given, furnished, supplied, offered or promised, to any person or persons, any money, service, preferment or valuable thing with the intent that such money or valuable thing or any other money, service, preferment or valuable thing shall be given, offered, promised or used, by any person or persons, by way of fee, reward, gift or gratuity, for giving or refusing to give any vote of any citizen, at any election of any public officer, state, county or municipal, to be held therein, or of any member of congress, of electors or at large electors for president and vice president of the United States, or at any election of any delegate or delegates to any political convention to be held for the nomination of any of the officers above, or by way of gift, gratuity or reward, for giving or withholding the vote of any delegate at any such convention, shall be guilty of a  crime of the third degree.

     Inducing voters. g. A person who shall, directly or indirectly, by himself or by any other person in his behalf, give, lend, or agree to give or lend, or procure, or agree to procure or offer or promise to procure, or endeavor to procure, any money or other valuable consideration or thing, or any office, place or employment to or for any voter, or to or for any person, in order to induce such voter to vote or refrain from registering or voting at any election, or shall corruptly do or commit any of the acts in this section mentioned, because of any voter having voted or refrained from voting or having registered or refrained from registering for any election, shall be guilty of a crime of the third degree.

     Contributions for use in bribing. h. A person who shall give, advance or pay, or cause to be given, advanced or paid, any money or other valuable thing to any person, or to the use of any person, with the intent that such money or other valuable thing, or any part thereof, shall be expended, or used for bribery of voters, or for any other unlawful purpose at any election, or who shall knowingly pay, or cause to be paid money to any person wholly or in part expended in bribery of a voter at any election, shall be guilty of a crime of the third degree.

     Receiving rewards.  i. A person who shall, directly or indirectly, by himself, or by any other person on his behalf, receive, agree or contract for any money, gift, loan or valuable consideration, office, place or employment for himself or for any other person for voting or agreeing to vote, or for refraining or agreeing to refrain from voting at any election, or for registering or agreeing to register, or for refraining or for agreeing to refrain from registering for any election, shall be guilty of a crime of the third degree.

     Gift, or promise of, for certain purposes. j. No person shall give or agree to give for the purpose of promoting or procuring or for the purpose of opposing or preventing the election of a candidate for public office, or for the purpose of promoting or procuring or for the purpose of opposing or preventing the nomination of any person as a candidate for public office, any money or any valuable thing to be used for any of the following purposes:

     1.    To provide or give or to pay, wholly or in part, the expense of giving or providing any meat, drink, entertainment or provision to or for any person for the purpose of influencing that person or any other person to give or refrain from giving his vote at any election, or because of any such person or any other person having voted or refrained from voting.

     2.    To provide for the payment of rent for or for the purpose of providing and fitting up any clubroom for social or recreative purposes, or providing for uniforms for any organized club.

     3.    To provide for the payment for the insertion in any newspaper or magazine of any article tending to influence any person to give or refrain from giving his vote to any candidate or candidates at any election; or to provide for payment for the distribution of any newspaper or magazine wherein any such article is printed; or to provide for payment of the printing or of the  distribution of any circular, handbill, card, pamphlet or statement tending to influence any person to give or refrain from giving his vote to any candidate at any election; but this prohibition shall not be construed to prohibit the printing and distribution of paid advertisements, which advertisements shall be indicated by the words "This advertisement has been paid for by        "  (inserting the true name and address of the person or persons paying for the same); nor shall it be construed to prohibit the printing and distribution of circulars, handbills, cards, pamphlets or statements which shall have printed on the face thereof the true name and address of the person or persons paying for the printing and distribution thereof, which fact shall be indicated by the words "The cost of the printing and distribution of this circular (or as the case may be) has been paid by " (inserting the true name and address of the person or persons paying for the same).

     Accepting gifts. k. No person shall accept any money or other valuable thing, the payment of which is prohibited by paragraph "j" of this section.

     Penalty.  l. Any person who shall violate any of the provisions of paragraphs "j" and "k" of this section shall be guilty of a crime of the third degree, and shall for the first offense be disfranchised for a period of five years from the date of conviction, and for any subsequent offense shall be perpetually disfranchised, and in addition thereto the court in which such conviction is obtained, may in case of a subsequent conviction, impose upon the person so convicted the punishment now prescribed by law for a crime of the second degree.

(cf: P.L.2005, c.154, s.43)

 

     22.  R.S.19:34-38 is amended to read as follows:

     19:34-38.  No person shall pay, lend or contribute, or offer or agree to pay, lend or contribute, any money or other valuable consideration to or for any person for any of the following:

     a.  The doing or procuring to be done of any act forbidden to be done by the laws relating to primary or general elections; or

     b.  The commission of any crime or offense against the elective franchise, or the encouragement or assistance of a person in the commission of a crime or offense against the elective franchise, or aiding or assisting any person charged with the commission of a crime against the elective franchise to evade arrest or to escape conviction and punishment; or

     c.  Providing, wholly or in part, directly or indirectly, for the expense of boarding, lodging or maintaining a person in any place of domicile in any election precinct or ward or district, with the purpose of securing the vote of  such person, or of inducing such person to vote for himself, or any other person at an election; or

     d.  The hiring or employment of a person to take or maintain a place in, or  to otherwise obstruct or hinder, or to prevent the forming of the line of voters awaiting their opportunity or time to enter the polling place or election booth of an election precinct; or

     e.  In consideration of any person withdrawing as a candidate for public office or [presidential] elector or at large elector for president and vice president, at any election; or

     f.  To pay any person for loss or damage due to attendance at the polls at any primary or general or charter election, or any registry therefor, or for the purpose of such registration; or

     g.  For any purpose in contravention of the provisions of this Title; or

     h.  Making any payment except in the manner provided by this Title.

(cf:  P.L.1963, c.57, s.1)

 

     23.  R.S.19:36-1 is amended to read as follows:

     19:36-1.  The electors and at large electors of president and vice president shall convene at the State House at Trenton, or in another State building within the State House Complex at Trenton, or the War Memorial  at Trenton, on the day appointed by congress for that purpose, at the hour of three o'clock in the afternoon of that day, and constitute an electoral college.  In any year in which, on July 20, the "Agreement Among the States to Elect the President by National Popular Vote" is in effect in states cumulatively possessing a majority of the electoral votes, and the State of New Jersey remains a member of that agreement, the electors for president and vice president shall be those electors certified as the elector slate in accordance with section 1 of P.L.2007, c.334 (C.19:36-4).

(cf: P.L.2008, c.103, s.1)

 

     24.  R.S.19:36-2 is amended to read as follows:

19:36-2. a. When a vacancy shall happen in the college of electors, or when an elector or at large elector shall fail to attend, by the hour of three o'clock in the afternoon of the day fixed by congress for the meeting of the college of electors, at the place of holding such meeting, [those of such electors who shall be assembled at the hour and place] the chairperson of the political party or political organization of the elector who vacated office shall [immediately proceed to fill by a majority of votes such vacancy] appoint as an elector an individual who has the qualifications to be an elector as established in R.S.19:3-5 and is from the same congressional district and political party or political organization as the elector who vacated office or appoint as an at large elector an individual who has the qualifications to be an at large elector as established in R.S.19:3-5 and is from the same political party or political organization as the at large elector who vacated office, as the case may be.  The chairperson shall file with the Attorney General a certificate of appointment for filling the vacancy.  The certificate shall be made and filed in a manner provided by the Attorney General and there shall be annexed thereto the oath of allegiance prescribed in R.S.41:1-1 duly taken and subscribed by the person so appointed before an officer authorized to take oaths in this State.

     b.    [If the members of the electoral college shall have been nominated and elected as representing different political parties, any vacancy occurring shall be filled by the elector or electors representing the same political party as the absent elector; and if there shall be no elector present representing the same political party as the absent elector, then such vacancy shall be filled by a majority of the electors present, who shall choose some person of the political party which the absent elector represents] (Deleted by amendment, P.L.   , c.   ) (pending before the Legislature as this bill).

     c.     Notwithstanding the provisions of subsections a. and b. of this section, in any year in which, on July 20, the "Agreement Among the States to Elect the President by National Popular Vote" is in effect in states cumulatively possessing a majority of the electoral votes, and the State of New Jersey remains a member of that agreement, any vacancy in the college of electors shall be filled in accordance with the provisions of section 1 of this act, P.L.2007, c.334 (C.19:36-4).

(cf:  P.L.2007, c.334, s.5)

 

     25.  R.S.19:36-3 is amended to read as follows:

     19:36-3.  After choosing a president and secretary from their own body, such electors shall proceed to perform the duties required of them by the constitution and laws of the United States, and in accordance with the provisions of section 1 of this act, P.L.2007, c.334 (C.19:36-4) in any year in which, on July 20, the "Agreement Among the States to Elect the President by National Popular Vote" is in effect in states cumulatively possessing a majority of the electoral votes, and the State of New Jersey remains a member of that agreement.

     In the performance of their duties,

     a.  the electors shall cast separate ballots each for president and then vice president by means of a roll-call, conducted by the secretary;

     b.  an elector of each congressional district shall cast his or her ballot for the presidential and vice presidential candidates for whom the elector was elected by receiving the largest number of votes in the elector's congressional district; and

     c.  at large electors shall cast their ballots for the presidential and vice presidential candidates from whom the electors were elected by receiving the largest number of votes in the State.

     In the event that an elector or at large elector fails to cast his or her ballot for the presidential and vice presidential candidates from whom the elector was elected by receiving the largest number of votes in the congressional district of the elector or in the State as a whole, as the case may be, the ballot of the elector or at large elector shall not be recorded and the office of that elector or at large elector shall be declared vacant by the president of the electoral college.  The vacancy shall be filled pursuant to the provisions of R.S.19:36-2.

(cf:  2007, c.334, s.6)

 

     26.  R.S.19:48-1 is amended to read as follows:

     19:48-1. a. Any thoroughly tested and reliable voting machines may be adopted, rented, purchased or used, which shall be so constructed as to fulfill the following requirements:

     (a)   It shall secure to the voter secrecy in the act of voting;

     (b)   It shall provide facilities for such number of office columns, not less than 40 and not exceeding 60, as the purchasing authorities may specify and of as many political parties or organizations, not exceeding nine, as may make nominations, and for or against as many questions, not exceeding 30, as submitted;

     (c)   It shall, except at primary elections, permit the voter to vote for all the candidates of one party or in part for the candidates of one party or one or more parties;

     (d)   It shall permit the voter to vote for as many persons for an office as he is lawfully entitled to vote for, but no more;

     (e)   It shall prevent the voter from voting for the same person more than once for the same office;

     (f)    It shall permit the voter to vote for or against any question he may have the right to vote on, but no other;

     (g)   It shall for use in primary elections be so equipped that the election officials can stop a voter from voting for all candidates except those of the voter's party;

     (h)   It shall correctly register or record and accurately count all votes cast for any and all persons, and for or against any and all questions;

     (i)    It shall be provided with a "protective counter" or "protective device" whereby any operation of the machine before or after the election will be detected;

     (j)    It shall be so equipped with such protective devices as shall prevent the operation of the machine after the polls are closed;

     (k)   It shall be provided with a counter which shall show at all times during an election how many persons have voted;

     (l) It shall be provided with a model, illustrating the manner of voting on the machine, suitable for the instruction of voters;

     (m)  It must permit a voter to vote for any person for any office, except delegates and alternates to national party conventions, whether or not nominated as a candidate by any party or organization by providing an opportunity to indicate such names or name;

     (n)   It shall be equipped with a permanently affixed box or container of sufficient strength, size and security to hold all emergency ballots and pre-punched single-hole envelopes and with a clipboard and a table-top privacy screen;

     (o)   It shall not use mechanical lever machines or punch cards to record votes.

     All voting machines used in any election shall be provided with a screen, hood or curtain, which shall be so made and adjusted as to conceal the voter and his action while voting.

     It shall also be provided with one device for each party for voting for all the [presidential] electors and at large electors for President and Vice-President of that party by one operation, and a ballot therefor containing only the words "[presidential] electors and at large electors for," preceded by the name of that party and followed by the names of the candidates thereof for the offices of President and Vice-President and a registering device therefor which shall register the vote cast for such electors when thus voted collectively.

     b. (1) By January 1, 2009, each voting machine shall produce an individual permanent paper record for each vote cast, which shall be made available for inspection and verification by the voter at the time the vote is cast, and preserved for later use in any manual audit.  In the event of a recount of the results of an election, the voter-verified paper record shall be the official tally in that election. A waiver of the provisions of this paragraph shall be granted by the Secretary of State if the technology to produce a permanent voter-verified paper record for each vote cast is not commercially available.

     (2)   The provisions of paragraph (1) of this subsection shall be suspended until: (i) the Secretary of State and the State Treasurer certify in writing that sufficient funds have been provided by the federal government and received by the State to offset the entire cost of ensuring that each voting machine used in this State produces an individual permanent paper record for each vote cast; or (ii) the annual appropriation act contains an appropriation of sufficient funds to ensure that each voting machine used in this State produces an individual permanent paper record for each vote cast and such appropriated funds have not been reserved by the Governor under a spending reduction plan; or (iii) the Secretary of State and the State Treasurer certify in writing that sufficient funds have been provided by the federal government and received by the State, and the annual appropriation act contains an appropriation of sufficient unreserved funds, to ensure, when such funds are combined, that each voting machine used in this State produces an individual paper record for each vote cast.

(cf:  P.L.2009, c.17, s.1)

 

     27.  Section 3 of P.L.1973, c.82 (C.19:53A-3) is amended to read as follows:

     3.    Every electronic voting system, consisting of a voting device in combination with automatic tabulating equipment, acquired or used in accordance with this act, shall:

     a.     Provide for voting in secrecy, except in the case of voters who have received assistance as provided by law;

     b.    Permit each voter to vote at any election for all persons and offices for whom and for which he is lawfully entitled to vote; to vote for or against any question upon which he is entitled to vote; and the automatic tabulating equipment shall reject choices recorded on his ballot if the number of choices exceeds the number which he is entitled to vote for the office or on the measure;

     c.     Permit each voter, at presidential elections, by one mark to vote for the candidates of that party for president, vice president, and their [presidential] elector and at large electors;

     d.    Permit each voter, at other than primary elections, to vote for the nominees of one or more parties and for independent candidates; and personal choice or write-in candidates;

     e.     Permit each voter in primary elections to vote for candidates in the party primary in which he is qualified to vote, and the automatic tabulating equipment shall reject any votes cast for candidates of another party;

     f.     Prevent the voter from voting for the same person more than once for the same office;

     g.     Be suitably designed for the purpose used, of durable construction, and may be used safely, efficiently, and accurately in the conduct of elections and counting ballots;

     h.     When properly operated, record correctly and count accurately every vote cast, including all overvotes or undervotes and all affirmative votes or negative votes on all public questions or referenda;

     i. (1) By January 1, 2009, each voting machine shall produce an individual permanent paper record for each vote cast, which shall be made available for inspection and verification by the voter at the time the vote is cast, and preserved for later use in any manual audit.  In the event of a recount of the results of an election, the voter-verified paper record shall be the official tally in that election.  A waiver of the provisions of this subsection shall be granted by the Secretary of State if the technology to produce a permanent voter-verified paper record for each vote cast is not commercially available.

     (2)   The provisions of paragraph (1) of this subsection shall be suspended until: (i) the Secretary of State and the State Treasurer certify in writing that sufficient funds have been provided by the federal government and received by the State to offset the entire cost of ensuring that each voting machine used in this State produces an individual permanent paper record for each vote cast; or (ii) the annual appropriation act contains an appropriation of sufficient funds to ensure that each voting machine used in this State produces an individual permanent paper record for each vote cast and such appropriated funds have not been reserved by the Governor under a spending reduction plan; or (iii) the Secretary of State and the State Treasurer certify in writing that sufficient funds have been provided by the federal government and received by the State, and the annual appropriation act contains an appropriation of sufficient unreserved funds, to ensure, when such funds are combined, that each voting machine used in this State produces an individual paper record for each vote cast.

(cf:  P.L.2009, c.17, s.2)

 

     28.  Section 2 of P.L.1964, c.134 (C.19:58-2) is amended to read as follows:

     2.  As used in this act unless the context otherwise indicates the following terms shall have the following meaning:

     "Removed resident"  means a person, who was formerly a resident of one of the counties of this State but who has, or shall have, removed to another state, the District of Columbia, Puerto Rico, Guam, the Virgin Islands or to another county within this State, who has registered as a voter in the county of his former residence in this State at the time of his removal therefrom, and who by reason of an insufficient period of residence in the state or the county, to which he has or shall have removed, will not be able to qualify to vote at a Presidential Election to be held in such state or county or elsewhere, except as he may be qualified to vote in this State, or in such other county of this State, for the election of electors and at large electors for President and Vice-President of the United States, pursuant to this act.

     "Presidential Election"  means an election to be held for the election of electors and at large electors for President and Vice-President of the United States.

     "Presidential ballot"  means a ballot to be cast at a Presidential Election pursuant to this act.

(cf:  P.L.1976, c.24, s.1)

 

     29.  Section 3 of P.L.1964, c.134 (C.19:58-3) is amended to read as follows:

     3.  Any removed resident shall be entitled to qualify and vote for electors and at large electors for President and Vice-President of the United States in any Presidential Election to be held in this State in the manner provided in this act.

(cf:  P.L.1976, c.24, s.2)

 

     30.  Section 4 of P.L.1964, c.134 (C.19:58-4) is amended to read as follows:

     4.  Any certificate filed by an applicant for a Presidential ballot as to the disqualification of a removed resident, who does not reside in this State, to vote for electors and at large electors for President and Vice-President of the United States in the election district in which he resides shall be sufficient authority for said clerks and boards to make any determination in connection with the subject matter of such certificate.

(cf:  P.L.1976, c.24, s.3)

 

     31.  Section 8 of P.L.1964, c.134 (C.19:58-8) is amended to read as follows:

     8.  An application for a Presidential ballot to be made by a removed resident shall be in substantially the following form:

     APPLICATION FOR PRESIDENTIAL BALLOT--   REMOVED RESIDENT

     I, the undersigned, do hereby apply for a Presidential ballot to be voted at the election to be held on          and do hereby certify  that: (date of election)

     1.  I am a citizen of the United States;

     2.  I was born on         ;           (date of birth)

     3.  I reside at      (street and number or R.D. route)          in  in county in the          (name of city or municipality)  (name of county) State of          and I have resided           (name of state or, territory, commonwealth,           or District of Columbia) at  this address since my removal from my former address in New Jersey and expect  to continue to reside there until and on the date of said election;

     4.  I formerly resided and was registered as a voter at      (street and number   or R.D. route)     in          in          county in  New (name of city or municipality)       (name of county)    Jersey  and I continued to reside there until my removal to my present address;

     5.  I am unable to vote in said election at any place other than that of my  former residence in New Jersey, where I believe that I am eligible to vote for  electors and at large electors for President and Vice-President of the United States by a Presidential ballot.

              Applicant   (signature)

             Applicant          (print name here)

(cf:  P.L.1976, c.24, s.7)

 

     32.  Section 9 of P.L.1964, c.134 (C.19:58-9) is amended to read as follows:

     9. Applications for Presidential ballots shall be made, as prescribed by this act, to the clerk of the county, in which the ballot is to be voted, in person or by mail not later than [7] seven days preceding the date upon which the election, in  which such ballots are to be voted, is to be held.

     Each application for a Presidential ballot by a removed resident, who does not reside in this State shall be accompanied by a certificate of the commissioner of registration or other officer in charge of registration of voters in the election district in which the applicant resides, certifying that  the applicant will not be entitled to vote for the electors and at large electors for President and Vice-President of the United States in such election district, at the election at which such ballot is to be voted, by reason of an insufficient period of residence in the state to which he has so removed.

(cf:  P.L.1976, c.24, s.8)

 

     33.  Section 10 of P.L.1964, c.134 (C.19:58-10) is amended to read as follows:

     10.  The county clerk shall prescribe the form of the Presidential ballots, which shall in all respects conform with the provisions of this act and shall be of such character that they can be voted only for the election of electors and at large electors for President and Vice-President of the United States nominated in this State and shall be plainly marked "Presidential Ballot."

(cf:  P.L.1964, c.134, s.10)

 

     34.  Section 19 of P.L.1964, c.134 (C.19:58-19) is amended to read as follows:

     19.  Upon the said margin of said flap on the inner envelope to be sent to a removed resident there shall be printed a certificate in affidavit form substantially as follows:

State of ........................

     County of ......................., or (if applicable)

     Country of ......................

     I, the undersigned, do hereby certify that:

     1.  I am a citizen of the United States;

     2.  I was born on ......................

                        (date of birth)

     3.  I reside at ............................................. in

                        (street and number or R.D. route)

     ..............................  in ...............................

     (name of city or municipality)     (name of county)

County in the State of ................................. and I have

     (name of state, territory, commonwealth, or District of Columbia)

resided at this address since my removal from my former address in New Jersey and expect to continue to reside there until and on the date of said election;

     4.  I formerly resided at .....................................

                              (street and number or R.D. route)

     in .............................. in ...........................

     (name of city or municipality)     (name of county)

     county in New Jersey and I was registered as a voter, and continued to reside at said address until my removal to my present address;

     5.  Because of the insufficient period of my residence at my present address, .................................................

     I am unable to vote at the election to be held on ................

                                                  (date of election)

but I believe that I am eligible to vote at my former residence in the State of New Jersey for electors and at large electors for President and Vice-President of the United States at such election.

                ............................ Applicant

                  (SIGNATURE)

                ............................ Applicant

                  (PRINT name here)

(cf:  P.L.1994, c.77, s.15)

 

     35.  Section 28 of P.L.1964 c.134 (C.19:58-28) is amended to read as follows:

     28.  The inner envelopes containing the Presidential ballots shall be opened and the Presidential ballots shall be removed therefrom and counted, and the votes so cast canvassed, and the results thereof certified, by the county board of elections and the votes so counted and canvassed shall be counted, in determining the result of the election of such electors and at large electors, at the same time and in the same manner as is required by the act hereby supplemented in the case of absentee ballots, except that it shall only be necessary to count or canvass such votes on a county wide basis and not on a ward and district basis.

(cf:  P.L.1972, c.86, s.1)

 

     36.  Section 2 of P.L.1976, c.23 (C.19:59-2) is amended to read as follows:

     2.    As used in this act:

      a.    "United States" means each of the several states, the District of Columbia, Commonwealth of Puerto Rico, Guam, American Samoa and the Virgin Islands; the term does not mean or include the Canal Zone or any other territory or possession of the United States.

     b.    "Residing abroad" means residing outside the United States.

     c.     "Federal election" means any general, special or primary held for the purpose of nominating or electing any candidate for the office of President or Vice President of the United States, [Presidential] elector or at large elector for President and Vice President of the United States, United States Senator or member of the United States House of Representatives.

     d.    "Overseas voter" means any person in military service who, by reason of active duty or service, is absent on the date of an election from the place of residence in New Jersey where the person is or would be qualified to vote, and any citizen of the United States residing abroad who (1) immediately prior to his departure from the United States was domiciled in New Jersey and (a) was registered to vote, or had all the qualifications to register and vote, in New Jersey; or (b) had all the qualifications to register and vote in New Jersey other than having attained 18 years of age but has since attained that age; or (c) would, but for residence, have the qualifications to register and vote in New Jersey; (2) does not maintain a residence in the United States and is not registered or qualified to vote elsewhere in the United States; and (3) holds a valid passport or card of identity and registration issued under authority of the Secretary of State of the United States.

     e.     "Electronic means" means any transmission made by an electronic telefacsimile machine or a similar device or by any other form of electronic transmission including, but not exclusive to electronic mail, that transports an authentic copy of a document from one user to another.

(cf:  P.L.2008, c.61, s.2)

 

     37.  (New section) In addition to taking the oath prescribed in section R.S.41:1-1, each elector and at large elector shall swear or affirm that the elector pledges to cast his or her ballot in the electoral college for only the candidates for President and Vice President of the United States for whom the elector was elected by receiving the largest number of votes in the congressional district of the elector, or shall swear or affirm that the at large elector pledges to cast his or her ballot in the electoral college for only the candidates for President and Vice President of the United States for whom the at large elector was elected by receiving the largest number of votes in the State, as the case may be.

 

     38.  (New section) a. Whenever the at large electors for President and Vice President of the United States of two political parties or political organizations receive an equal number of votes in the entire State, one each of the two at large electors for the candidates of the two political parties or political organizations receiving the largest number of votes shall be selected to hold the office and perform the duties under R.S.19:36-3.  The chairperson of each political party or political organization shall select which one of the two at large electors of that party or organization shall become a member of the electoral college.

     b. Whenever the electors for President and Vice President of two political parties or political organizations receive an equal number of votes in a congressional district in this State, the Legislature shall determine by concurrent resolution adopted by a majority vote of each House which elector shall be selected to hold the office and perform the duties under R.S.19:36-3.  Such a resolution shall be passed no later than one week prior to the date set by the Congress of the United States for the convening of the electoral college.

     c. Whenever the candidates for president and vice president of two political parties or political organizations receive the vote of an equal number of electors in the electoral college, the tie shall be resolved by using the procedure for resolving a tie between electors from a congressional district established by subsection b. of this section.


     39.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill changes the way in which electors for President and Vice President of the United States are selected in this State.

     Currently, the presidential and vice presidential candidates who win the majority of the popular vote in the State receive the vote of all of the electors in the electoral college, which is convened several weeks after the general election.

     The bill divides the State's electors into two types: electors and at large electors.  Electors are elected from the congressional district in which they reside and must cast their ballots in the electoral college for the presidential and vice presidential candidates for whom the elector was elected by receiving the largest number of votes in that district.  At large electors are elected State-wide and must cast their ballots for the presidential and vice presidential candidates for whom the elector was elected by receiving the largest number of votes in the State.

     The bill requires each elector and at large elector to swear or affirm that he or she pledges to cast his or her vote for the presidential and vice presidential candidates who received the largest number of votes in the congressional district of the elector or the presidential or vice presidential candidates who received the largest number of votes in the State, as the case may be.

     If an elector or at large elector fails to cast his or her ballot for the presidential and vice presidential candidates for whom the elector was elected by receiving the largest number of votes in the congressional district of the elector or in the State as a whole, as the case may be, the ballot of the elector or at large elector would not be recorded and the office of that elector or at large elector would be declared vacant by the president of the electoral college.  Under current law, such a vacancy would be filled by the majority of the electors attending the meeting of the college.  Under the bill, a vacancy among electors is filled by the chairperson of the political party or political organization of the elector or at large elector who vacated office.

     Finally, the bill establishes procedures to be followed in the event the at large electors of presidential and vice presidential candidates receive an equal number of votes in the entire State, the electors of candidates receive an equal number of votes in a congressional district in this State, or there is a tie vote among electors casting ballots in the electoral college.

     The provisions of this bill are similar to current statutory law in Maine and Nebraska.