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A114
ASSEMBLY, No. 114
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman AL BARLAS
District 40 (Bergen, Essex and Passaic)
SYNOPSIS
���� Allows candidates to file form attesting to their
understanding of and adherence to ELEC rules and regulations with their
nominating petitions.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning the petitions to be submitted by candidates
for election for the primary and general elections, 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.19:13-8 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.�
Notwithstanding any law, rule, or regulation to the contrary,
candidates may also file with such acceptance an attached copy of the sworn
statement required to be filed by candidates with the Election Law Enforcement
Commission pursuant to subsection d. of section 16 of P.L.1973, c.83
(C.19:44A-16).
� 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. 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.19:13-9 is amended
to read as follows:
���� 19:13-9.� All such petitions
and acceptances thereof shall be filed with the officer or officers to whom
they are addressed before 4:00 p.m. of the day of the holding of the primary
election for the general election in this Title provided.� All petitions when
filed shall be open under proper regulations for public inspection.
���� Notwithstanding the above
provision, all petitions and acceptances thereof nominating electors of
candidates for President and Vice President of the United States, which
candidates have not been nominated at a convention of a political party as
defined by this Title, shall be filed with the Secretary of State before 4:00
p.m. of the 99th day preceding the general election in this Title provided.�
All petitions when filed shall be opened under proper regulations for public
inspection.
���� The officer or officers shall
transmit to the Election Law Enforcement Commission the names of all
candidates,
and a copy of the sworn statement required to be filed by
candidates with the Election Law Enforcement Commission pursuant to subsection
d. of section 16 of P.L.1973, c.83 (C.19:44A-16), if filed as permitted by
R.S.19:13-8,
other than candidates for federal office, nominated by
petition and any other information required by the commission in the form and
manner prescribed by the commission and shall notify the commission immediately
upon the withdrawal of a petition of nomination.
(cf: P.L.1998, c.147, s.2)
���� 3.��� R.S.19:23-14 is amended
to read as follows:
���� 19:23-14.� Petitions addressed
to the Secretary of State, the county clerks, or the municipal clerks shall be
filed with such officers, respectively, before 4:00 p.m. of the 71st day next
preceding the day of the holding of the primary election for the general
election.
���� Not later than noon of the
61st day preceding the primary election for the general election, the municipal
clerk shall certify to the county clerk the full and correct names and
addresses of all candidates for nomination for public and party office and the
name of the political party of which such persons are candidates together with
their slogan and designation.� The county clerk shall transmit this information
,
and a copy of the sworn statement required to be filed by candidates with the
Election Law Enforcement Commission pursuant to subsection d. of section 16 of
P.L.1973, c.83 (C.19:44A-16), if filed with the acceptance as permitted by
R.S.19:23-15,
to the Election Law Enforcement Commission in the form and
manner prescribed by the commission and shall notify the commission immediately
upon the withdrawal of a petition of nomination.
(cf: P.L.2022, c.70, s.2)
���� 4.��� R.S.19:23-15 is amended
to read as follows:
���� 19:23-15.� Accompanying the
petition and attached thereto each person indorsed therein shall file a
certificate, stating that he is qualified for the office mentioned in the
petition; that he consents to stand as a candidate for nomination at the
ensuing primary election, and that if nominated, he agrees to accept the
nomination.� 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
to be made and there shall be annexed thereto the oath of allegiance prescribed
in section 41:1-1 of the Revised Statutes duly taken and subscribed by the
person so nominated before an officer authorized to take oaths in this State.�
Notwithstanding
any law, rule, or regulation to the contrary, candidates may also file with
such acceptance an attached copy of the sworn statement required to be filed by
candidates with the Election Law Enforcement Commission pursuant to subsection
d. of section 16 of P.L.1973, c.83 (C.19:44A-16).
���� No candidate who has accepted
the nomination by a direct petition of nomination for the general election
shall sign an acceptance to a petition of nomination for such office for the
primary election. 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 person indorsed as a
candidate for 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.4)
���� 5.��� R.S.19:23-16 is amended
to read as follows:
���� 19:23-16.� Any person
nominated at the primary by having the person's name written or pasted upon the
primary ballot shall file a certificate stating that the person is qualified
for the office for which the person has been nominated, that the person is a
resident of and a legal voter in the jurisdiction of the office for which the
nomination is made and that the person consents to stand as a candidate at the
ensuing general election to which shall be annexed the oath of allegiance
prescribed in section 41:1-1 of the Revised Statutes duly taken and subscribed
by the person so nominated before an officer authorized to take oaths in this
State.�
Notwithstanding any law, rule, or regulation to the contrary,
candidates may also file with such acceptance an attached copy of the sworn
statement required to be filed by candidates with the Election Law Enforcement
Commission pursuant to subsection d. of section 16 of P.L.1973, c.83
(C.19:44A-16).
���� In addition, a person so
nominated for the office of Governor or the office of member of the Senate or
General Assembly shall annex to the certificate a statement signed by the
candidate that the person:
���� 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.
���� Written acceptance of such
nomination shall be filed by each candidate so nominated on or before the
seventh day following the date of the certification of the results of the
primary with the county clerk in the case of county and municipal offices and with
the Secretary of State for all other offices.
���� Each county clerk shall post
on the county's website the official results of the primary election within 24
hours after the certification of the election results.
(cf: P.L.2022, c.15, s.1)
���� 6.��� R.S.19:23-21 is amended
to read as follows:
���� 19:23-21.� The Secretary of
State shall certify the names of the persons indorsed in the petitions filed in
the secretary's office to the clerks of counties concerned thereby not later
than noon of the 61st day prior to the holding of the primary election,
specifying in such certificate the political parties to which the persons so
nominated in the petitions belong.� In the case of candidates for offices other
than federal office, the Secretary of State shall also transmit this
information
, and a copy of the sworn statement required to be filed by
candidates with the Election Law Enforcement Commission pursuant to subsection
d. of section 16 of P.L.1973, c.83 (C.19:44A-16), if filed with the acceptance
as permitted by chapter 23 of Title 19 of the Revised Statutes,
to the
Election Law Enforcement Commission in the form and manner prescribed by the
commission and shall notify the commission immediately upon the withdrawal of a
petition of nomination.
(cf: P.L.2023, c.16, s.9)
���� 7.��� R.S.19:23-22 is amended
to read as follows:
���� 19:23-22.� The county clerk
shall certify all of the persons so certified to the clerk by the Secretary of
State and in addition the names of all persons indorsed in petitions filed in
the clerk's office to the clerk of each municipality concerned thereby in the
clerk's respective county not later than the close of business of the 60th day
prior to the time fixed by law for the holding of the primary election,
specifying in such certificate the political party to which the person or
persons so nominated belong.� The county clerk shall also transmit this
information
, and a copy of the sworn statement required to be filed by
candidates with the Election Law Enforcement Commission pursuant to subsection
d. of section 16 of P.L.1973, c.83 (C.19:44A-16), if filed with the acceptance
as permitted by chapter 23 of Title 19 of the Revised Statutes,
with
respect to persons, other than candidates for federal office, indorsed in
petitions filed in the clerk's office to the Election Law Enforcement
Commission in the form and manner prescribed by the commission and shall notify
the commission immediately upon the withdrawal of a petition of nomination
filed in the clerk's office.
(cf: P.L.2023, c.16, s.10)
���� 8.��� This act shall take
effect immediately.
STATEMENT
���� This bill allows candidates
for office to file a sworn statement, currently known as form A-1 for single
candidates and A-2 for joint candidates, established by the Election Law
Enforcement Commission (ELEC) to certify that they will adhere to the reporting
requirements of the State�s campaign expenditures and reporting law at the same
time that they file their nominating petition.� The current form also requires
candidates to certify that the total expenditures made on behalf of their
campaign will not exceed certain lawfully established thresholds and that, if
they do, the candidate will file the additional forms required by law.�
���� The candidates will be allowed
to file this form along with their nominating petition, either for the primary
election or by direct petition of nomination for the general election.
���� The Secretary of State or the
county clerk, as appropriate, will then be required to send these forms, if
filed with the nominating petition, along with the names of the candidates who
will be placed on the ballot at the election, to ELEC.