Bill Text: NJ S1462 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires automatic machine recount for certain elections that result in tie vote and establishes process to resolve subsequent tie votes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-09 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S1462 Detail]
Download: New_Jersey-2024-S1462-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator JOSEPH A. LAGANA
District 38 (Bergen)
SYNOPSIS
Requires automatic machine recount for certain elections that result in tie vote and establishes process to resolve subsequent tie votes.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning recounts following certain elections and supplementing chapter 28 of Title 19 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Notwithstanding the provisions of chapter 28 of Title 19 to the contrary, when the results of any election, other than primary election ties resolved pursuant to R.S.19:13-20 and school election ties resolved pursuant to N.J.S.18A:12-15, produce a tie between two or more candidates for elective office, an automatic machine recount of the votes cast at the election in any district or districts shall occur within 48 hours following the initial results of that election.
If the results of the automatic machine recount produce a tie between two or more candidates for elective office, an automatic hand recount of the votes cast at the election in any district or districts shall occur within 48 hours following the initial results of the automatic machine recount.
If the results of the automatic hand recount produce a tie between two or more candidates for elective office and the board of elections or boards of elections have certified the results of the election, a special election shall be held within 60 days of the original election. The special election shall be restricted to those candidates who remain tied following the automatic hand recount and shall be conducted in accordance with procedures for elections set forth in Title 19 of the Revised Statutes.
The appropriate board of elections or boards of elections shall conduct any automatic recount or special election required pursuant to the provisions of this subsection. The State shall reimburse the costs incurred for conducting any automatic recount or special election required pursuant to this subsection.
2. This act shall take effect immediately.
STATEMENT
This bill requires an automatic machine recount and, if necessary hand recount, of the results of any election, other than a primary election or school election that produces a tie between two or more candidates for elective office. The bill also requires a special election be held in the event of a tie following a hand recount.
Candidates and voters of this State can request recounts through a judge of the Superior Court for any election in which they have reason to believe that an error has been made in counting the votes. Under current law, either party may contest an election result that is a tie. Additionally, current law further provides a process for filling a vacancy in a primary election or school election that results in a tie.
This bill requires that an automatic machine recount of the votes cast at an election, other than a primary election or school election, in any district or districts would occur within 48 hours following the initial result of a tie between two or more candidates for elective office. If the automatic machine recount results in a tie, an automatic hand recount would take place within 48 hours following the automatic machine recount. If the automatic hand recount results in a tie, a special election between the candidates that remain ties would take place within 60 days of the original election.
The appropriate board of elections or boards of elections would conduct the automatic recount. The State would reimburse the costs incurred for conducting an automatic recount.
