SENATE, No. 1176
STATE OF NEW JERSEY
INTRODUCED MAY 30, 1996
By Senator BASSANO
An Act concerning political party affiliation and amending R.S.19:23-45 and P.L.1976, c.16.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S. 19:23-45 is amended to read as follows:
19:23-45. a. No voter shall be allowed to vote at the primary election unless his name appears in the signature copy register.
b. A voter who votes in a primary election of a political party or who signs and files with the municipal clerk or the county commissioner of registration a declaration that he desires to vote in the primary election of a political party shall be deemed to be a member of that party until: (1) he signs and files a declaration that he desires to vote in the primary election of another political party, at which time he shall be deemed to be a member of such other political party; or (2) until he votes in the primary election of another political party as provided in subsection c. of this section, at which time he shall be deemed to be a member of such other political party. The Secretary of State shall cause to be prepared political party affiliation declaration forms and shall provide such forms to the commissioners of registration of the several counties and to the clerks of the municipalities within such counties.
c. No voter[, except a newly registered voter at the first primary at which he is eligible to vote, or a voter who has not previously voted in a primary election,] may vote in a primary election of a political party unless he was deemed to be a member of that party on the [fiftieth] 35th day next preceding such primary election except: (1) a newly registered voter who is voting at the first primary at which he is eligible to vote; (2) a registered voter who has not previously voted in a primary election; or (3) a voter who is a member of another political party but did not vote in the last preceding primary election of that political party.
d. A member of the county committee of a political party and a public official or public employee holding any office or public employment to which he has been elected or appointed as a member of a political party shall be deemed a member of such political party.
e. Any person voting in the primary ballot box of any political party in any primary election in contravention of the election law [shall be] is guilty of a [misdemeanor] crime of the fourth degree, and any person who aids or assists any such person in such violation by means of public proclamation or order, or by means of any public or private direction or suggestions, or by means of any help or assistance or cooperation, [shall] is likewise [be] guilty of a [misdemeanor] crime of the fourth degree.
(cf: P.L.1977, c.97, s.1)
2. Section 2 of P.L.1976, c.16 (C.19:23-45.1) is amended to read as follows:
2. a. The county commissioner of registration in each of the several counties, shall cause a notice to be published in each municipality of their respective counties in a newspaper or newspapers circulating therein. The notice to be so published shall be published once during each of the [2] two calendar weeks next preceding the week in which the [fiftieth] 35th day next preceding the primary election of a political party occurs.
b. The notice required to be published by the preceding paragraph shall inform the reader thereof that no voter[, except a newly registered voter at the first primary at which he is eligible to vote, or a voter who has not previously voted in a primary election] may vote in a primary election of a political party unless he was deemed to be a member of that party on the [fiftieth] 35th day next preceding such primary election except: (1) a newly registered voter who is voting at the first primary at which he is eligible to vote; (2) a registered voter who has not previously voted in a primary election; or (3) a voter who is a member of another political party but did not vote in the last preceding primary election of that political party. It shall further inform the reader thereof that a voter who votes in the primary election of a political party or who signs and files with the municipal clerk or the county commissioner of registration a declaration that he desires to vote in the primary election of a political party shall be deemed to be a member of that party until he signs and files a declaration that he desires to vote in the primary election of another political party, at which time he shall be deemed to be a member of such other political party; or until he votes in the primary election of another political party after having not voted in the last preceding primary election of his party, at which time he shall be deemed to be a member of such other political party. The notice shall also state the
time and location where a person may obtain political party affiliation declaration forms.
(cf: P.L.1977, c.97, s.2)
3. This act shall take effect immediately.
STATEMENT
The purpose of this bill is to permit a voter who is a member of a political party and who does not vote in the last preceding primary election of that party to be able to vote at the next primary election of another party and to be deemed a member of such other political party.
The bill also changes from the 50th day to the 35th day before a primary election the date on which a voter must be deemed to be a member of a political party in order to vote in the primary election of that political party, with certain exceptions.
The bill effectuates these provisions by reorganizing the sections of current law that govern who may be deemed a member of a political party to provide that no voter may vote in a primary election of a political party unless he was deemed to be a member of that party on the 35th day next preceding such primary election except:
1) a newly registered voter who is voting at the first primary at which he is eligible to vote;
2) a registered voter who has not previously voted in a primary election; or
3) a voter who is a member of another political party but did not vote in the last preceding primary election of that political party.
Permits member of a political party who does not vote in last preceding primary election to vote at next primary of another party; changes date to be deemed member of political party.