SENATE, No. 615
STATE OF NEW JERSEY
INTRODUCED FEBRUARY 5, 1996
By Senator SCHLUTER
An Act concerning the debates in which publicly financed candidates for the office of Governor participate and amending P.L.1989, c.4.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 10 of P.L.1989, c.4 (C.19:44A-46) is amended to read as follows:
10. a. The series of gubernatorial primary debates under subsection a. of section 9 of P.L.1989, c.4 (C.19:44A-45) shall consist of [two] three debates. Each of the debates shall be of at least one hour's duration. The first debate in the series shall occur not earlier than the date on which the ballot for the primary election in which candidates are to be nominated for election to the office of Governor is finally certified by the Secretary of State to the clerks of the several counties, and the [second] final debate in the series shall occur not later than the 11th day prior to the primary election to select candidates for that office unless an emergency, as determined by the vote of a majority of the participating candidates, requires the postponement thereof, but the [second] final gubernatorial primary debate shall in no event be held later than the second day preceding that primary election.
b. The series of gubernatorial election debates under subsection b. of section 9 of P.L.1989, c.4 (C.19:44A-45) shall consist of [two] three debates. Each of the gubernatorial election debates shall be of at least one hour's duration. The first debate in the series shall occur not earlier than the third Tuesday following the first Monday in September of the year in which a general election is to be held for the office of Governor, and the [second] final debate in the series shall occur not later than the 11th day prior to the general election for that office unless an emergency, as determined by the vote of a majority of the participating candidates, requires the postponement thereof, but the final gubernatorial election debate shall in no event be held later than the second day preceding that general election.
c. (1) Organizations which are not affiliated with any political party or with any holder of or candidate for public office, which have not endorsed any candidate in the pending primary or general election for the office of Governor, [and which have previously sponsored one or more televised debates among candidates for Statewide office in the State since 1976,] which have no known conflict of interest with respect to any of the candidates for nomination or election to the office of Governor and which have a discernible record of impartiality and nonpartisanship extending over the prior 10-year period shall be eligible to serve as either the manager or sponsor of one or more interactive gubernatorial primary debates or interactive gubernatorial election debates under subsection a. or subsection b., respectively, of this section. In addition, any association of two or more separately owned news publications or broadcasting outlets, including newspapers, radio stations or networks, and television stations or networks, having between or among them a substantial readership or audience in this State, and any association of print or broadcast news or press service correspondents having among them a substantial readership or audience in this State, shall be eligible to serve as either the manager or sponsor of any such gubernatorial primary or gubernatorial election debate[, without regard to whether that association or any of its members shall previously have sponsored any debate among candidates for Statewide office].
(2) Any eligible organization or eligible association that seeks to serve as the manager of a debate shall, as part of its application, submit a proposal for the format of the debate that specifies its time and date and the rules for conducting the debate, within the limitations set forth in this section.
(3) Any eligible organization or eligible association that seeks to serve as the sponsor of a debate shall, as part of its application, submit a proposal that specifies the facilities and financing that it will provide to operate the debate within the format established by the manager selected by the commission.
(4) The Election Law Enforcement Commission shall accept applications and proposals from eligible organizations and eligible associations of news publications and broadcasting outlets or news or press service correspondents to serve as either the manager or sponsor of one or more of those interactive gubernatorial debates. Applications and proposals to [sponsor debates] serve as the manager of a debate under subsection a. shall be submitted to the commission no later than January 15 of any year in which a primary election is to be held to nominate candidates for the office of Governor, and applications and proposals to serve as the sponsor of the debate shall be submitted to the commission no later than March 15 of [any year in which a primary election is to be held to nominate candidates for the office of Governor, and applications to sponsor debates] that same year. Applications and proposals to serve as the manager of a debate under subsection b. shall be submitted to the commission no later than [July 1 of any year in which a general election is to be held to fill the office of Governor] June 1 of any year in which a general election is to be held to fill the office of Governor, and applications and proposals to serve as the sponsor of the debate shall be submitted to the commission no later than August 1 of that same year.
(5) Where the number of eligible applicants to serve as the manager or sponsor of gubernatorial primary debates or gubernatorial election debates exceeds the number prescribed under subsection a. and subsection b. of this section, respectively, the Election Law Enforcement Commission shall select the managers and sponsors from among the applicants within 30 days of the last day for submitting those applications, as provided by this subsection.
(6) The commission shall select as the manager of a debate the eligible organization or eligible association that submits a proposal that offers the greatest likelihood of a format that: (a) is impartial and unbiased with respect to any candidate; (b) makes information regarding the debate readily available to all interested media outlets and organizations; and (c) is focused closely on the key issues of the election. Before selecting the manager, the commission shall consult, in the case of a gubernatorial primary debate, with the chairpersons of the political parties that have candidates eligible for the gubernatorial primary election, and, in the case of a gubernatorial election debate, with a representative designated by each of the candidates participating in that debate, concerning the format and the rules for the debate.
(7) The commission shall select as the sponsor of the debate the eligible organization or eligible association that submits a proposal that offers the greatest likelihood that that organization or association will: (a) provide a facility that offers easy access to the site of the debate for all media outlets and organizations; (b) provide the financial resources necessary to broadcast the debate to as many of the residents of the State as possible; and (c) be able to effectuate the format proposed by the manager selected by the commission.
(8) The commission shall select the manager and sponsor of each debate by majority vote of the entire authorized membership of the commission, except that in the event that there are two vacancies on the commission at the time of such a vote, the selection shall occur if both remaining members vote affirmatively for a particular manager or sponsor and if both members are of different political parties. To the maximum extent practicable and feasible, the commission shall select a different manager and sponsor for each of the interactive gubernatorial debates, but shall not be precluded from selecting the same manager and sponsor for more than one debate.
[The sponsors selected by the commission shall be responsible for selecting the date, time and location of the debates, subject to the limitations set forth in this section. The rules for conducting each debate shall be solely the responsibility of the sponsors so selected, but shall not be made final without consultation with both the chairman of the New Jersey Republican State Committee and the chairman of the New Jersey Democratic State Committee in the case of gubernatorial primary debates, and with a representative designated by each of the participating candidates in the case of gubernatorial election debates.]
(9) No eligible organization or eligible association shall serve as both the manager and sponsor of either a gubernatorial primary debate or gubernatorial election debate.
(10) The manager of either the gubernatorial primary debate or gubernatorial election debate shall control the format and rules which will govern that debate, within the limitations set forth in this section, except that any change in the rules as they existed at the time of the selection of the manager may be made only by mutual agreement of the commission, the manager, and the sponsor.
(11) Within six months after the day that the election for the office of Governor is held, the commission shall hold one or more public hearings on the debates provided for by this section. The hearings shall solicit public comment on: (a) the format and content of the debates; (b) ways that the debates could be improved; (c) how to make the debates more relevant to the election; and (d) whether to increase the number and duration of such debates. All such testimony and suggested legislation based on this testimony shall be submitted by the commission to the Governor and the Legislature no later than one year following the immediately preceding gubernatorial election.
(cf: P.L.1991, c.317, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill provides for an increase in the number of debates in which candidates for the office of Governor are required to participate as a condition of receiving public financing. The bill also modifies the method for selecting the managers and sponsors of such debates.
Specifically, the bill:
1) increases from two to three the number of debates held among publicly financed candidates in the primary election and increase from two to three the number of debates held among publicly financed candidates in the general election;
2) provides for a separate manager and sponsor for each debate;
3) establishes criteria that the Election Law Enforcement Commission (ELEC) shall use to select a manager and a sponsor for each debate;
4) requires ELEC to select the manager and sponsor of each debate by majority vote of the entire authorized membership of the commission, except that if there are two vacancies on the commission at the time of such a vote, the selection shall occur if both remaining
members vote affirmatively for a particular manager and sponsor and if both members are of different political parties;
5) expands the criteria that must be met for an organization to be eligible to serve as the manager or sponsor of a debate; and
6) requires ELEC to hold one or more public hearings within six months after a gubernatorial election to solicit public comment on the debate and recommendations for improving future debates.
Increases number of debates of publicly financed gubernatorial candidates from two to three; modifies method for selecting management and sponsorship of such debates.