Bill Text: NJ S3633 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires computerized drawing system to determine random order of candidate names for each office on primary and general election ballots; provides for drawing to be viewable in person or electronically.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-09-19 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S3633 Detail]
Download: New_Jersey-2024-S3633-Introduced.html
Sponsored by:
Senator JOSEPH P. CRYAN
District 20 (Union)
SYNOPSIS
Requires computerized drawing system to determine random order of candidate names for each office on primary and general election ballots; provides for drawing to be viewable in person or electronically.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the use of a computerized drawing system to determine ballot position for each candidate in an election and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.19:14-12 is amended to read as follows:
19:14-12. a. The county clerk shall [draw lots in his county] use a computerized system to randomly determine which columns the political parties which made nominations at the next preceding primary election shall occupy on the ballot in the county. [The name of the party first drawn shall occupy the first column at the left of the ballot, and the name of the party next drawn shall occupy the second column, and so forth.] Any computerized system used for this purpose shall require the prior approval of the Secretary of State and shall include safeguards to limit the potential for outside influences on the computerized results.
b. The position which the names of candidates, and bracketed groups of names of candidates nominated by petitions for all offices, shall have upon the general election ballot, shall be determined randomly by the county clerks in their respective counties through the use of a computerized system. Any computerized system used for this purpose shall require the prior approval of the Secretary of State and shall include safeguards to limit the potential for outside influences on the computerized results.
[The manner of drawing the lots shall be as follows: paper slips with the names of each political party written thereon, shall be placed in capsules of the same size, shape, color and substance and then placed in a covered box with an aperture in the top large enough to admit a man's hand and to allow the capsules to be drawn therefrom. The box shall be well shaken and turned over to thoroughly intermingle the capsules. The county clerk or his deputy shall at his office, draw from the box each capsule separately without knowledge on his part as to which capsule he is drawing.
The person making the drawing shall open the capsule and shall make public announcement at the drawing of each name, the order in which name is drawn and the office for which the drawing is made.
Where there is but one person to be elected to an office, the names of the several candidates who have filed petitions for such office shall be written upon paper slips and placed in separate capsules of the same size, shape, color and substance. The capsules shall be placed in a covered box with an aperture in the top large enough to admit a man's hand and to allow the capsules to be drawn therefrom. The box shall be turned and shaken thoroughly to mix the capsules and the capsules shall be withdrawn one at a time.
When there is more than one person to be elected to an office where petitions have designated that certain candidates shall be bracketed, the position of such bracketed names on the ballot (each bracketed group to be treated as a single name), together with individuals who have filed petitions for such office, shall be determined as above described.]
c. Any legal voter of the county or municipality, as the case may be, shall have the privilege of witnessing the computerized drawing, which shall be made available for viewing both in person and electronically.
[The name or names of the candidate or bracketed group of candidates first drawn from the box shall be printed directly below the proper title of the office for which they were nominated, and the name or names of the candidate or bracketed group of candidates next drawn shall be printed next in order, and so on, until the last name or bracketed group of names shall be drawn from the box.]
d. The arrangement of names of any bracketed group of candidates for any office for which more than one are to be elected shall be printed in the same order on the ballot as they were arranged on the petition of nomination.
e. The computerized drawing for the positions which the names of candidates and bracketed groups of names of candidates, nominated by petition for office, and for the columns which the political parties which made nominations at the next preceding primary election and for the general election shall occupy upon the general election ballot, shall be held at 3 o'clock in the afternoon of the eighty-fifth day prior to the day of the general election.
(cf: P.L.2011, c.134, s.22)
2. R.S.19:23-24 is amended to read as follows:
19:23-24. a. The position which the candidates and bracketed groups of names of candidates for the primary for the general election shall have upon the ballots used for the primary election for the general election, in the case of candidates for nomination for members of the United States Senate, Governor, members of the House of Representatives, members of the State Senate, members of the General Assembly, choice for President, delegates and alternates-at-large to the national conventions of political parties, district delegates and alternates to conventions of political parties, candidates for party positions, and county offices or party positions which are to be voted for by the voters of the entire county or a portion thereof greater than a single municipality, including a congressional district which is wholly within a single municipality, shall be determined by the county clerks in their respective counties; and [, excepting in counties where R.S.19:49-2 applies,] the position on the ballot used for the primary election for the general election in the case of candidates for nomination for office or party position wherein the candidates for office or party position to be filled are to be voted for by the voters of a municipality only, or a subdivision thereof (excepting in the case of members of the House of Representatives) shall be determined by the municipal clerk in such municipalities [, in the following manner:] as specified in this section.
b. The county clerk, or the county clerk's deputy, or the municipal clerk or the municipal clerk's deputy, as the case may be, shall at the clerk's office on the 61st day prior to the primary election for the general election at three o'clock in the afternoon [draw from the box, as hereinafter described, each card separately without knowledge on the clerk's part as to which card the clerk is drawing] use a computerized system to determine the random order in which the candidates and bracketed groups of names of candidates will be placed upon the ballot. Any computerized system used for this purpose shall require the prior approval of the Secretary of State and shall include safeguards to limit the potential for outside influences on the computerized results. Any legal voter of the county or municipality, as the case may be, shall have the privilege of witnessing such computerized drawing, which shall be made available for viewing both in person and electronically. The person making the drawing shall make public announcement at the drawing of each name, the order in which the same is drawn, and the office for which the drawing is made. [When there is to be but one person nominated for the office, the names of the several candidates who have filed petitions for such office shall be written upon cards (one name on a card) of the same size, substance and thickness. The cards shall be deposited in a box with an aperture in the cover of sufficient size to admit a man's hand. The box shall be well shaken and turned over to thoroughly mix the cards, and the cards shall then be withdrawn one at a time. The first name drawn shall have first place, the second name drawn, second place, and so on; the order of the withdrawal of the cards from the box determining the order of arrangement in which the names shall appear upon the primary election ballot. Where there is more than one person to be nominated to an office where petitions have designated that certain candidates shall be bracketed, the position of such bracketed names on the ballot (each bracket to be treated as a single name), together with individuals who have filed petitions for nomination for such office, shall be determined as above described. Where there is more than one person to be nominated for an office and there are more candidates who have filed petitions than there are persons to be nominated, the order of the printing of such names upon the primary election ballots shall be determined as above described.]
c. The county clerk in certifying to the municipal clerk the offices to be filled and the names of candidates to be printed upon the ballots used for the primary election for the general election, shall certify them in the order as drawn in accordance with the above described procedure, and the municipal clerk shall [print] cause to be printed the names upon the ballots as so certified and in addition shall print the names of such candidates as have filed petitions with [him] the clerk in the order as determined as a result of the drawing as above described. [Candidates for the office of the county executive in counties that have adopted the county executive plan of the "Optional County Charter Law," P.L.1972, c.154 (C.40:41A-1 et seq.), shall precede the candidates for other county offices for which there are candidates on the ballot used for the primary election for the general election.]
(cf: P.L.2023, c.16, s.11)
3. R.S.19:49-2 is amended to read as follows:
19:49-2. 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.
[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 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.]
(cf: P.L.2011, c.202, s.46)
4. This act shall take effect on January 1 next following the date of enactment.
STATEMENT
Under current law, county clerks and municipal clerks are tasked with drawing the names of candidates and groups of candidates from a box to determine the order in which the candidates will appear on the ballot for the ensuing primary or general election. Multiple candidates for the same office who are grouped together on their nominating petitions are drawn together. For primary election ballots, candidates for different offices may associate with one another and have their collective ballot positions determined by the drawing for the first office.
This bill replaces the hand drawing procedures with a computerized drawing system to determine the random order of candidates. The bill requires that, prior to the use of any computerized system for this purpose, the Secretary of State must approve of said system, and the system must be shown to have appropriate safeguards to limit the potential for outside influence.
The bill also removes the provisions that allow for candidates in the primary election to be placed on the ballot according to the drawing of another candidate for another office, often known as "bracketing" together, ensuring that each computerized drawing for each office is independent of one another. Multiple candidates running as a group for the same office may still have their names drawn together as one.
Finally, the bill provides that the computerized drawing for ballot position will be viewable both in person and electronically.
