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A5148
ASSEMBLY, No. 5148
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MAY 28, 2026
Sponsored by:
Assemblyman� GREGORY P. MCGUCKIN
District 10 (Monmouth and Ocean)
SYNOPSIS
���� Requires automatic recount in elections decided by
less than 0.5 percent of votes cast; provides for recount in certain other
elections upon timely application; requires deposit of funds pending results of
recount.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
revising the recount procedures for certain elections
and amending R.S.19:28-1 and R.S.19:28-2.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� R.S.19:28-1 is amended
to read as follows:
���� 19:28-1.�
a. When the
results of any election show that the election was decided by a vote
differential of 0.5 percent or less of the votes cast, there shall be an
automatic recount of votes of that election.
����
b.
��� When any
candidate at any election
decided by a vote differential of greater than 0.5
percent of the votes cast
shall have reason to believe that an error has
been made in counting the votes of that election, the candidate may, within a
period of
[
3
]
three
days after the certification of the results of the election, apply to a judge
of the Superior Court assigned to the county wherein such district or districts
are located, for a recount of the votes cast at the election in any district or
districts.�
If the recount would include votes cast across more than one
county, then the candidate shall apply to a judge of the Superior Court in
Mercer County.
����
c.
���� When ten voters
at any election
decided by a vote differential of greater than 0.5 percent
of the votes cast
shall have reason to believe that an error has been so
made in counting the votes upon any public question at any election, such
voters may, within a period of
[
3
]
three
days after the certification of the results of the election, apply to a judge
of the Superior Court assigned to the county wherein such district or districts
are located, for a recount of the votes cast at the election in any district or
districts on such public question.�
If the recount would include votes cast
across more than one county, then the voters shall apply to a judge of the
Superior Court in Mercer County.
����
d.��� The court shall grant
an application brought before it pursuant to subsections b. or c. of this
section, provided that the application is timely.� The court may require the
candidate or the voters, as the case may be, to make a deposit of funds with
the clerk of the court, to be held pending the outcome of the recount.� The
deposit shall be both reasonable and proportional given the number of election
districts to be included in the recount and shall be paid to the county or
municipality, or counties or municipalities, tasked with conducting the recount
if the outcome of the election remains the same.� If the outcome of the
election changes based upon the recount, then the deposit shall be returned to
the candidate or voters, as the case may be.
����
For the purposes of this subsection,
the outcome of the election shall be considered to have changed if a different
candidate wins the election as a result of the recount than would have won
given the original vote count.
(cf: P.L.2023, c.124, s.5)
���� 2.��� R.S.19:28-2 is amended
to read as follows:
����
19:28-2.
� Any applicant
or group of applicants, as the case may be, for such recount, upon applying
therefor, shall deposit with the county clerk or such other public officer or
officers as such judge shall direct, such sum of money proportioned to the
number of votes to be counted but not exceeding
[
twenty-five dollars ($25.00)
]
$25
for
any one district recount of which is asked, as the judge� shall order as
security for the payment of the costs and expenses of the recount in case the
original count be confirmed. �Such judge shall fix and� determine the amount of
compensation to be paid for making the recount, and the costs and expenses
thereof.� If it appears that an error or errors have occurred as a result of
which the election is changed or the difference in the vote between any
candidate and any other candidate for the same office or between the negative
and affirmative of any such public question is altered in� any district by more
than
[
ten
]
10
votes
or
[
ten
per centum (10%)
]
10 percent
of the total vote cast in the district, whichever is the
greater, the costs and expenses of the recount of such district shall be paid
by the State, county or municipality in� and for which the election was held,
upon the warrant of such judge, as other election expenses are paid.� If no
error shall appear sufficient to produce such change, the costs and expenses of
the recount shall be paid out of the deposit made as security by the party or
parties making the application.
����
When there is an automatic
recount of votes cast in an election due to a vote differential of 0.5 percent
or less, pursuant to subsection a. of R.S.19:28-1, the State shall incur the
costs and expenses of conducting an automatic recount.
(cf: P.L.1953, c.19, s.28)
���� 3.��� This act shall take
effect immediately.
STATEMENT
���� This bill changes the vote
recount procedures for elections decided by a vote differential of 0.5 percent
or less.
���� Currently, when a candidate,
or 10 or more voters at any election, have reason to believe that an error has
been made in counting the votes of that election, the candidate or voters may,
within a period of three days after the certification of the results of the
election, apply to a judge of the Superior Court for a recount of the votes
cast at the election in any district.
���� Under the bill, there will be
an automatic recount if there is a 0.5 percent or less vote differential in the
votes cast for an election.� The recount will be paid for by the State.�
���� If the vote differential is
more than 0.5 percent, then the bill allows for a candidate or a group of 10 or
more voters to apply to a judge in the Superior Court in the county in which
the election districts to be involved in the recount are located.� If the
recount would include votes cast in election districts in different counties,
then the application must be made before the Superior Court in Mercer County.�
Under the bill, this application will be granted as long as it is timely filed
with the court.�
���� However, the bill requires the
candidate or voters who make the application to deposit funds with the clerk of
the court pending the outcome of the recount.� The deposit is required to be
both reasonable and proportional to the number of election districts to be
included in the recount.� If the results of the election are unchanged following
the recount, then the funds will be released to the county or municipality, or
counties or municipalities, responsible for conducting the recount.� If the
election results are changed as a result of the recount, then the court will
return the deposited funds to the candidate or voters who filed the
application.