S4059

An Act concerning the membership of a district board of elections and supplementing Title 19 of the Revised Statues.

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

1. a. Notwithstanding any law, rule, or regulation to the contrary, the Secretary of State and Adjutant General shall enter into a memorandum of understanding or other written agreement for the purposes of permitting any member of the New Jersey National Guard to serve as a member of a district board pursuant to the provisions of this act, P.L. , c. (C. )(pending before the Legislature as this bill). The memorandum of understanding or other written agreement required under this subsection shall be revised and updated as necessary, on at least an annual basis.

b. If within three weeks of a general election or a primary election for a general election a county board of elections determines that the required number of members of a district board would not be met pursuant to the provisions of R.S.19:6-1, the county board of elections may submit a request to the Department of Military and Veterans’ Affairs for members of the New Jersey National Guard to serve as members of a district board. Upon the request from a county board of elections for members of the New Jersey National Guard to serve as members of a district board, the Department of Military and Veterans’ Affairs may solicit members of the New Jersey National Guard who are willing to serve as a member of a district board. The process for submitting a request and for soliciting National Guard members shall be in accordance with the memorandum of understanding or other written agreement by the Secretary of State and the Adjutant General as provided in subsection a. of this section.

c. A member of the New Jersey National Guard serving as a member of a district board under the provision of subsections a. and b. of this section shall not be in uniform and shall be in civilian clothing while carrying out the duties and responsibilities of a district board member.

d. In addition to the regular compensation of a member of the New Jersey National Guard, a member of the National Guard serving as a member of a district board shall receive the amount payable under R.S.19:45-6 and section 1 of P.L.1991, c.102 (C.19:6-9.1), except that any payments provided under this subsection shall not be considered or included as remuneration for the purposes of R.S.43:21-19.

e. Nothing herein shall be interpreted to prohibit a member of the New Jersey National Guard to serve as a member of a district board in a personal capacity and in accordance with the qualifications provided in R.S.19:6-2.

2. This act shall take effect immediately.

STATEMENT

This bill permits members of NJ National Guard to be members of a district board of elections, also known as election workers, under certain circumstances. Under the bill, the Secretary of State and Adjutant General are required to enter into a memorandum of understanding or other written agreement for the purposes of permitting any member of the NJ National Guard to serve as an election worker. The bill provides that the memorandum of understanding or other written agreement required under the bill would be revised and updated as necessary, on at least an annual basis.

Under the bill, if within three weeks of a general election or a primary election for a general election a county board of elections determines that the required number of members of a district board would not be met pursuant to the provisions of R.S.19:6-1, the county board of elections may submit a request to the Department of Military and Veterans’ Affairs for members of the New Jersey National Guard to serve as members of a district board. Upon the request from a county board of elections for members of the New Jersey National Guard to serve as members of a district board, the Department of Military and Veterans’ Affairs may solicit members of the New Jersey National Guard who are willing to serve as a member of a district. Under the bill, the process for submitting a request and for soliciting National Guard members would be in accordance with the memorandum of understanding or other written agreement by the Secretary of State and the Adjutant General.

The bill prohibits any member of the New Jersey National Guard serving as a member of a district board under the bill from being in uniform and requires the member to be in civilian clothing while carrying out the duties and responsibilities of a district board member.

The bill provides that, in addition to the regular compensation of a member of the NJ National Guard, a member of the National Guard serving as an election worker under the memorandum of understanding or other written agreement by the Secretary of State and the Adjutant General would receive the election worker payment amount under current law.

The bill also clarifies that nothing in the bill is to be interpreted to prohibit a member of the NJ National Guard to serve as an election worker in a personal capacity and in accordance with the qualifications provided in current law.