STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman ROBERT AUTH
District 39 (Bergen and Passaic)
Co-Sponsored by:
Assemblywomen Matsikoudis, Flynn, Assemblyman Webber, Assemblywoman Dunn and Assemblyman McGuckin
SYNOPSIS
Permits police officers to be assigned to polling places located at public schools.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning police presence near polling places and amending R.S.19:6-16.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.19:6-16 is amended to read as follows:
19:6-16. a. The commission, committee, board or official having charge of the police department in any county or municipality shall not assign police officers to any district board in that county or municipality, in order to enforce the election laws, maintain order, peace and quiet during the hours of registry and election, assist the board by performing the duties of a board member, or serve at the polling place of that district board, or in order to perform other routine purposes related to the conduct of elections, except that a district board, superintendent of elections, or a county clerk may request that a police officer or sheriff's officer be assigned to transport specific election materials to a polling place or from a polling place to the district board or county clerk a police officer or sheriff's officer may be assigned for that purpose and, if the polling place is located at a public school, a district board, superintendent of elections, or a county clerk may request that a police officer be assigned to the polling place located at that school to maintain order and provide security during the conduct of the election and a police officer may be assigned for that purpose.
The commission, committee, board or official having charge of the police department in any county or municipality may assign one or more police officers to a senior residential center that has reported a threat or safety concern, and any such officer assigned to a senior residential center shall not interfere with any person present at the location for the purpose of voting.
b. Nothing in subsection a. of this section, subsection b. of R.S.19:6-15, or subsection b. of section 2 of P.L.1991, c.306 (C.19:6-15.1) shall be construed to prohibit the dispatch, detail, or assignment of a police officer or other law enforcement officer due to a request for assistance made to the commission, committee, board, body, authority, or official having charge of the police department in any county or municipality, or to any other law enforcement agency, for assistance with regard to a specific emergency, allegation of criminal conduct, or disturbance that exists at the time the request for assistance is made. The police officers or law enforcement officers responding to the request for assistance shall take any prompt actions as may be available and as may be necessary in order to address the emergency, allegation, or disturbance and ensure the continued orderly conduct of the election and election processes, and shall remain present at that location during the conduct of the election only as long as necessary to investigate, address, and remove that specific emergency or disturbance.
The district board shall promptly notify the county board of elections or superintendent of elections, as appropriate, of the dispatch of any police officer or other law enforcement officer in response to a request for assistance in accordance with this subsection. The county board of elections or superintendent of elections, as appropriate, shall promptly notify the Secretary of State of the dispatch of that police officer or other law enforcement officer. The Secretary of State, county boards of elections, and superintendents of elections shall maintain a record of all dispatches issued and reported pursuant to this section, which shall include, but need not be limited to, the time of the dispatch, polling place location, reason for the dispatch, name of the police or law enforcement officer, the police or law enforcement officer's badge number, the duration of the police or law enforcement officer's presence, and the immediate outcome of the dispatch. Information obtained pursuant to this section is deemed to be a public or government record and shall be subject to disclosure as provided in the public records law, P.L.1963, c.73 (C.47:1A-1 et seq.)
(cf: P.L.2021, c.459, s.3)
2. This act shall take effect immediately.
STATEMENT
Under current law, the presence of police officers at polling places during the conduct of an election and at ballot drop box locations in use during the conduct of an election is limited. This bill amends current law to permit a district board, superintendent of elections, or a county clerk to request the assignment of a police officer to a polling place located at a public school to maintain order and provide security at the school during the conduct of the election.