Bill Text: NJ A573 | 2020-2021 | Regular Session | Introduced


Bill Title: Prohibits candidates from nomination for more than one elective office at primary or general election.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2020-01-14 - Introduced, Referred to Assembly State and Local Government Committee [A573 Detail]

Download: New_Jersey-2020-A573-Introduced.html

ASSEMBLY, No. 573

STATE OF NEW JERSEY

219th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION

 


 

Sponsored by:

Assemblyman  ROBERT AUTH

District 39 (Bergen and Passaic)

Assemblyman  JAY WEBBER

District 26 (Essex, Morris and Passaic)

 

Co-Sponsored by:

Assemblymen Thomson, Wirths, DePhillips, Space and DiMaio

 

 

 

 

SYNOPSIS

     Prohibits candidates from nomination for more than one elective office at primary or general election.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act concerning the nomination of candidates for more than one elective office at a primary or general election and amending R.S.19:13-8, R.S.19:13-14, and R.S.19:13-22.

 

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

 

     1.  R.S.19:13-8 is amended to read as follows:

     19:13-8.  A candidate nominated for an office in a petition shall manifest his acceptance of such nomination by a written acceptance thereof, signed by his hand, upon or annexed to such petition, to which shall be annexed the oath of allegiance prescribed in section 41:1-1 of the Revised Statutes duly taken and subscribed by him before an officer authorized to take oaths in this State, or if the same person be named for the same office in more than one petition, annexed to one of such petitions.  Such acceptance shall certify that the candidate is a resident of and a legal voter in the jurisdiction of the office for which the nomination is made.  No candidate so named shall sign such acceptance if he has signed an acceptance for the primary nomination or any other petition of nomination under this chapter for such office or for any other office. In addition, no candidate named in a petition for the office of member of the House of Representatives shall sign an acceptance if the candidate has signed an acceptance for the primary nomination or any other petition of nomination for the office of member of the House of Representatives in another congressional district in the same calendar year.

     Each candidate filing an acceptance of nomination for election to the office of Governor or the office of member of the Senate or General Assembly shall annex to such petitions a statement signed by the candidate that he or she:

     a.     has not been convicted of any offense graded by Title 2C of the New Jersey Statutes as a crime of the first, second, third or fourth degree, or any offense in any other jurisdiction which, if committed in this State, would constitute such a crime; or

     b.    has been so convicted, in which case, the candidate shall disclose on the statement the crime for which convicted, the date and place of the conviction and the penalties imposed for the conviction.  Such a candidate may, as an alternative, submit with the statement a copy of an official document that provides such information.  If the candidate has been convicted of more than one criminal offense, such information about each conviction shall be provided.  Records expunged pursuant to chapter 52 of Title 2C of the New Jersey Statutes shall not be subject to disclosure.

     If the same person is nominated for the same office in more than one petition, the statement shall be annexed to one of such petitions.

(cf: P.L.2004, c.26, s.1)

 

     2.  R.S.19:13-14 is amended to read as follows:

     19:13-14. The nomination of candidates for the general election by means of the primary election shall be carried out in the manner hereinafter provided, and in such election the person having in the aggregate the highest number of votes shall be the candidate of his respective party for the office to be filled.  In case more than one person is to be elected to the same or similar office, the persons having the highest number of votes to the extent of the number of offices to be filled shall be the candidates of their respective parties for such offices. No person shall be nominated as a candidate for more than one office in any primary or general election.

(cf: R.S.19:13-14)

 

     3.  R.S.19:13-22 is amended to read as follows: 

     19:13-22.  a.  The Secretary of State, not later than eighty-six days before any election whereat any candidates nominated in any direct petition or primary certificate of nomination or State convention certificate filed with him are to be voted for, shall make and certify, under his hand and seal of office, and forward to the clerks of the several counties of the State a statement of all such candidates for whom the voters within such county may be by law entitled to vote at such election.  This statement, in addition to the names of the candidates for President and Vice-President of the United States, if any such have been included in any such certificate or petition filed with him, shall contain the names and residences of all other candidates, the offices for which they are respectively nominated, and the names of the parties by which or the political appellation under which they are respectively nominated. Candidates nominated directly by petition, without distinctive political appellation, shall be certified as independent candidates. Similar statements shall be made, certified and forwarded, when vacancies are filled subsequently, according to law.

     b.    The Secretary of State shall certify and forward the statement required by subsection a. of this section no later than the fourth Friday in June following a primary election for the candidates for the office of Governor for whom the voters may be by law entitled to vote at the next subsequent general election.  The statement shall include the information required by subsection a. of this section.  Candidates nominated directly by petition for the office of Governor, without distinctive political appellation, shall be certified as independent candidates at the same time as candidates nominated for the office of Governor at a primary election are certified by the Secretary of State.  Similar statements shall be made, certified and forwarded, when vacancies are filled subsequently, according to law.

     c.     No person shall be certified as a candidate for more than one office in the same election.

(cf: P.L.2009, c.66, s.33)

 

     4.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill prohibits candidates from being nominated for more than one elective office in any primary or general election. Under the bill, a candidate nominated by petition would be prohibited from accepting such nomination if the candidate has already accepted a nomination for a candidacy to any other office in that election. A candidate nominated through the primary process would be prohibited from being nominated as a candidate for more than office in any primary or general election.  The bill also prohibits any person from being certified as a candidate for more than office in the same election.

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