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A1234
ASSEMBLY, No. 1234
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman MICHAEL INGANAMORT
District 24 (Morris, Sussex and Warren)
Assemblywoman DAWN FANTASIA
District 24 (Morris, Sussex and Warren)
SYNOPSIS
���� Transfers Division of Elections from Department of
State to Department of Law and Public Safety; designates Attorney General as
chief election official and requires two bipartisan co-directors.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
transferring the Division of Elections from the
Department of State to the Department of Law and Public Safety and requiring
bipartisan co-director appointments, amending P.L.1994, c.182, and
supplementing P.L.1944, c.20 (C.52:17A-1 et seq.).
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 25 of P.L.1994,
c.182 (C.19:31-6a) is amended to read as follows:
���� 25.� The
[
Secretary of
State
]
Attorney General
is designated the chief State election official and
shall be responsible for the coordination of this State's responsibilities
pursuant to the provisions of the "National Voter Registration Act of
1993," Pub.L.103-31 (42 U.S.C. s.1973gg et seq.) and the "Help
America Vote Act of 2002," Pub.L.107-252 (42 U.S.C. ss.15301 et seq.).
(cf: P.L.2007, c.254, s.2)
���� 2.��� (New section) a. The
Division of Elections in the Department of State, together with all of the
division's functions, powers, and duties, is transferred to and constituted as
the Division of Elections in the Department of Law and Public Safety.
���� b.��� Effective with the
effective date of this act,
P.L. , c. (pending before the
Legislature as this bill), the Attorney General shall be the chief election
official of this State and any references to the Secretary of State relative to
any election matter appearing in the statutory law shall be a reference to the
Attorney General, unless the context or language of the statute provides
otherwise.
���� c.���� All responsibility for
the budget, fiscal, and personnel matters of the Division of Elections is
transferred to the Department of Law and Public Safety.
���� d.��� Whenever in any rule,
regulation, order, contract, document, judicial, or administrative proceeding
or otherwise, reference is made to the Division of Elections in the Department
of State, the same shall mean the Division of Elections in the Department of
Law and Public Safety.
���� e.���� All transfers directed
by this act shall be made in accordance with the "State Agency Transfer
Act," P.L.1971, c.375 (C.52:14D-1 et seq.).
����
���� 3.��� (New section) a. The
Division of Elections in the Department of Law and Public Safety shall be
administered by two co-directors, to be appointed by the Governor with the
advice and consent of the Senate, as follows:�
���� (1)�� one co-director shall be
of the same political party as the Governor, and shall be appointed upon the
recommendation of the State party chairperson of that political party, the
leader of that political party in the Senate, and the leader of that political
party in the General Assembly; and
���� (2)�� one co-director shall be
of the political party that received the second largest number of votes at the
most recent election for the office of Governor, and shall be appointed upon
the recommendation of the State party chairperson of that political party, the
leader of that political party in the Senate, and the leader of that political
party in the General Assembly.
���� b.��� Each co-director
appointed pursuant to subsection a. of this section shall serve for a term of
four years and each appointment shall expire upon the expiration of the
Governor�s term of office. A co-director may be reappointed every four years as
provided in this section. A vacancy in the office of co-director due to
resignation, removal, or death shall be filled for the remaining of the term in
the same manner as the original appointment was made.
���� 4.��� Section 1 of P.L.2007,
c.254 (C.52:16A-98) is repealed.
���� 5.��� This act shall take
effect on January 1 next following the date of enactment, but the Secretary of
State and the Attorney General may take such anticipatory administrative action
in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
���� This bill transfers the Division
of Elections from the Department of State to Department of Law and Public
Safety and designates the Attorney General as the chief election official in
this State. The bill also requires the division to be administered by two
bipartisan co-directors.
���� Under the bill, each
co-director would be appointed by the Governor with the advice and consent of
the Senate. One co-director would be of the same political party as the
Governor, and would be appointed upon the recommendation of the State party
chairperson of that political party, the leader of that political party in the
Senate, and the leader of that political party in the General Assembly. The
second co-director would be of the political party that received the second
largest number of votes at the most recent election for the office of Governor,
and would be appointed upon the recommendation of the State party chairperson
of that political party, the leader of that political party in the Senate, and
the leader of that political party in the General Assembly. The co-directors
would serve for a four-year term, to expire upon the expiration of the
Governor�s term of office. A co-director may be reappointed for future
four-year terms. Any vacancy in the office of co-director would be filled for
the remaining of the term in the same manner as the original appointment was
made.�
���� The bill would take effect on
January 1 next following the date of enactment, but the Secretary of State and
the Attorney General may take such anticipatory administrative action in
advance thereof as may be necessary for its implementation.