Bill Text: NJ A3687 | 2016-2017 | Regular Session | Introduced
Bill Title: Provides for order of placement of certain positions on primary election ballot.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-05-12 - Introduced, Referred to Assembly Judiciary Committee [A3687 Detail]
Download: New_Jersey-2016-A3687-Introduced.html
Sponsored by:
Assemblyman JOHN S. WISNIEWSKI
District 19 (Middlesex)
SYNOPSIS
Provides for order of placement of certain positions on primary election ballot.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the position of certain candidates on the ballot used in a primary election for the general election and amending R.S.19:49-2.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.19:49-2 is amended to read as follows:
19:49-2. a. All official ballots shall be in black ink in type as large as space will reasonably permit; provided, however, that any public question which shall be placed on the ballot shall be in red and above any public question to be voted upon by the voters of the entire State there shall be, also in red, a description of the public question, which description shall not exceed six words and shall be in type as large as is practicable. Party nominations shall be arranged on each voting machine, either in columns or horizontal rows; the caption of the various ballots on the machines shall be so placed on the machines as to indicate to the voter what device is to be used or operated in order to vote for the candidates or candidate of his or her choice. The providing of the official ballots, the order of the precedence and arrangement of parties and of candidates, and the instructions for the use of a device to be used or operated in order to vote for candidates shall be as now required by law, except that in those counties where voting machines are used, the county clerk shall have the authority to determine the specifications for, and the final arrangement of, the official ballots.
b. For the primary election for the general election in all counties where voting machines are or shall be used, all candidates who shall file a joint petition with the county clerk of their respective county and who shall choose the same designation or slogan shall be drawn for position on the ballot as a unit and shall have their names placed on the same line of the voting machine; and provided further, that all candidates for municipal or party office in municipalities in counties where voting machines are or shall be used who shall file a petition with the clerk of their municipality bearing the same designation or slogan as that of the candidates filing a joint petition with the county clerk as aforesaid, may request that his or her name be placed on the same line of the voting machine with the candidates who have filed a joint petition with the county clerk as aforesaid by so notifying the county clerk of said county in writing within two days after the last day for filing nominating petitions and thereupon the county clerk shall forthwith notify the campaign manager of such candidates filing a joint petition as aforesaid of said request, and if the said campaign manager shall file his consent in writing with the said county clerk within two days after the receipt of said notification from said county clerk, the clerk of said county shall place the name of such candidate on the same line of the voting machine on which appears the names of the candidates who have filed the joint petition as aforesaid; provided, also, that any candidate filing a petition with the [Attorney General] Secretary of State may request that his or her name be placed on the same line of the voting machine with the candidates who have filed a joint petition with the county clerk as aforesaid by so notifying the county clerk of said county in writing within two days after the last day for filing nominating petitions, and thereupon the county clerk shall forthwith notify the campaign manager of such candidates filing a joint petition as aforesaid of said request, and if the said campaign manager shall file his consent in writing with the said county clerk within two days after the receipt of said notification from said county clerk, the clerk of said county shall place the name of such candidate on the same line of the voting machine on which appears the names of the candidates who have filed the joint petition as aforesaid.
c. When a primary election includes nominations for a candidate or candidates for elector for President of the United States, or the offices of United States Senator or Governor, the first position on the ballot shall be electors for President, the next position shall be for United States Senator, and the next position shall be for Governor, as may be applicable.
With respect to the highest office on the ballot for a primary election based on the order set forth above, the county clerk of each county shall hold only one drawing for placement on the ballot for such highest office, regardless of whether or not such candidate or candidates may or may not be bracketed with candidates filing a joint petition or bracketed with any other candidate or candidates. After placing all candidates bracketed with the candidate or candidates for such highest office on the ballot in accordance with subsection d. of this section, if any candidates for United States Senator or Governor, as applicable, remain, the county clerk of each county shall hold another single drawing for placement on the ballot as between the remaining candidates for such next highest office who have not already been placed on the ballot, regardless of whether the remaining candidate or candidates for such office may or may not be bracketed with candidates filing a joint petition or bracketed with any other candidate or candidates. After placing candidates bracketed with such candidate or candidates for that next highest office on the ballot in accordance with subsection d. of this section, if any candidates for Governor, as applicable, remain, the county clerk of each county shall hold another single drawing for placement on the ballot as between the remaining candidates for such office who have not already been placed on the ballot, regardless of whether the remaining candidate or candidates for such office may or may not be bracketed with candidates filing a joint petition or bracketed with any other candidate or candidates.
After the drawing for candidates for elector for President, United States Senator, and Governor, and the placement of other bracketed candidates pursuant to subsection d. of this section is complete, a drawing for the placement on the ballot for any remaining candidates for other offices shall be held as provided in Title 19 of the Revised Statutes.
d. All candidates who file a petition of nomination with the county or municipal clerk, or the Secretary of State, as may be appropriate, bearing the same designation or slogan as that of a candidate filing a petition for elector for President, or for the offices of United States Senator or Governor in the slate of candidates who wish to be bracketed together, may request that his or her name be placed on the same line of the voting machine with the candidates for the highest office in the slate of candidates who wish to be bracketed together by so notifying the clerk of the county in writing within two days after the last day for filing the petitions of nomination. The county clerk shall then notify the campaign manager of the candidate for the highest office in the slate of candidates who wish to be bracketed together of the request. If the campaign manager files his or her consent in writing with the county clerk within two days after notification from the county clerk, the clerk shall place the name of the candidate on the same line of the voting machine as the candidate for the highest office in the slate of candidates who wish to be bracketed together.
(cf: P.L.2011, c.202, s.46)
2. This act shall take effect on January 1st following the date of enactment.
STATEMENT
This bill provides that the position of candidates in the primary election ballot will always be in the order of elector for President, then United States Senator or next Governor, as may be appropriate, regardless of the bracketing of other candidates for those offices. It provides for a single ballot draw as between all candidates for the highest office, without so extraneous a consideration as bracketing or non-bracketing as the beginning point. This bill further provides that once such candidates for the highest office are drawn, all down-ballot candidates eligible to bracket with such candidates will be placed on the same line. Such process is continued whereby a single drawing will be held for remaining candidates for the next highest office, and so on and so forth, until all of the candidates for Choice for President, United States Senator, and Governor have been placed (along with those bracketing with them). In this manner, this bill will further the principle of equality of treatment of candidates for the same office, while maintaining the ability to bracket with such candidates, and ensure that such principles are applied consistently throughout the State with respect to Choice for President, United States Senator, and Governor.
