SENATE COMMITTEE SUBSTITUTE FOR

SENATE COMMITTEE SUBSTITUTE FOR

SENATE, No. 615

STATE OF NEW JERSEY

ADOPTED JANUARY 14, 1997

Sponsored by Senator SCHLUTER

An Act concerning the debates in which publicly financed candidates       for the office of Governor participate, supplementing and amending        P.L.1989, c.4.

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

      1. (New section) The Legislature finds and declares:

      a. The gubernatorial debates are a significant part of the gubernatorial election process because they provide a forum for candidates to get their message out to the electorate at no expense to the taxpayer.

      b. The debates are an important addition to the gubernatorial public financing program's goal of allowing candidates of limited means to participate in a gubernatorial election.

      c. The State must assure that the debate sponsor selection process is totally fair and unbiased and results in the choice of sponsors who will not be perceived by the public as having a conflict of interest with respect to favoring one candidate over another.

      d. The debate process must be completely open to the consideration of sponsors from a wide variety of backgrounds to assure the largest pool of applicants and to guarantee that each debate will have a sponsor.    

      2. 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. Organizations which are not affiliated with any political party or with any holder of or candidate for public office[,] and 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,] shall be eligible to sponsor 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 or cable television companies, 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 sponsor 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].

      The Election Law Enforcement Commission shall accept applications from eligible organizations and eligible associations of news publications [and], broadcasting outlets and cable television companies or news or press service correspondents to sponsor one or more of those interactive gubernatorial debates. Applications to sponsor debates under subsection a. 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 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.

      Where the number of eligible applicants to sponsor 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 sponsors from among the applicants within 30 days of the last day for submitting those applications, as provided by this subsection. The commission shall select the 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 sponsor and if both members are of different political parties. To the maximum extent practicable and feasible, the commission shall select a different sponsor for each of the interactive gubernatorial debates, but shall not be precluded from selecting the same sponsor for more than one debate. In its selection of a sponsor, the commission shall consider whether there is a history of conflict of interest or the potential for such a conflict, and shall make a conscientious effort to minimize any such conflict, with respect to any of the candidates for nomination or election to the office of Governor.

      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.

      As used in this subsection, "conflict of interest" shall include an actual conflict of interest as well as the appearance of a conflict of interest currently, in the past, or prospectively with respect to any candidate for nomination for or for election to the office of Governor or the political party of such a candidate.

(cf: P.L.1991, c.317, s.1)

      3. This act shall take effect immediately.

Increases from two to three the number of gubernatorial debates in which publicly financed candidates for Governor must participate; amends debate sponsorship selection process.