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S3759
SENATE, No. 3759
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MARCH 5, 2026
Sponsored by:
Senator� ANGELA V. MCKNIGHT
District 31 (Hudson)
SYNOPSIS
���� Ensures persons interested in filling certain
vacancies in nominations for public office have access to certain information
and to legal representation throughout selection process.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning the process for filling certain vacancies in
nominations for public office and amending R.S.19:13-20.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� R.S.19:13-20 is amended
to read as follows:
���� 19:13-20.� In the event of a
vacancy, howsoever caused, among candidates nominated
for any public office
at a primary election for the general election, which vacancy shall occur not
later than the 70th day before the general election, or in the event of
inability to select a candidate because of a tie vote at such primary, a
candidate shall be selected in the following manner:
���� a.���� (1) In the case of an
office to be filled by the voters of the entire State, the candidate shall be
selected by the State committee of the political party wherein such vacancy has
occurred.
���� (2) In the case of an office
to be filled by the voters of a single and entire county, the candidate shall
be selected by the county committee in such county of the political party
wherein such vacancy has occurred.
���� (3) In the case of an office
to be filled by the voters of a portion of the State comprising all or part of
two or more counties, the candidate shall be selected by those members of the
county committees of the party wherein the vacancy has occurred who represent
those portions of the respective counties which are comprised in the district
from which the candidate is to be elected.
���� (4) In the case of an office
to be filled by the voters of a portion of a single county, the candidate shall
be selected by those members of the county committee of the party wherein the
vacancy has occurred who represent those portions of the county which are
comprised in the district from which the candidate is to be elected.
���� At any meeting held for the
selection of a candidate under this subsection, a majority of the persons
eligible to vote thereat shall be required to be present for the conduct of any
business, and no person shall be entitled to vote at that meeting who is
appointed to the State committee or county committee after the
[
seventh day
preceding the date of the meeting
]
occurrence of the vacancy.
����
Any person who is qualified
to fill a vacancy and who is interested in being selected as a candidate to
fill a vacancy pursuant to this section shall notify, in writing, the committee
or committees responsible for filling the vacancy at least seven days in
advance of the meeting to fill the vacancy, as further provided in this
section.� Any person who has so notified the committee or committees of the
person�s interest in being selected as a candidate shall be permitted to seek
and retain legal representation throughout the selection process, and shall be
notified of such right immediately upon receipt of the person�s notice of
interest provided pursuant to this subsection
.
���� Within
[
20
]
45
days after the meeting of each county committee that is held on the first
Tuesday following the primary election at which committee members are elected,
the municipal clerk shall certify to the county clerk an official list of the
duly elected county committee members and an official list of the municipal
committee chairs.� The county party chairperson shall have a continuing duty to
report to the county clerk any vacancies, resignations, and committee positions
filled pursuant to R.S.19:5-2 or 19:5-3.� A report of a resignation shall be
accompanied by a notarized letter of resignation signed by the resigning
committee member or, if the resigning committee member fails to provide such a
letter, by a notarized letter stating that the resignation has occurred signed
by the chair of the relevant municipal committee who shall also provide a copy
thereof to the resigning member.� Notice of vacancies in the membership of a
county committee that are filled pursuant to R.S.19:5-2 or 19:5-3 shall be accompanied
by a certificate of acceptance signed by the newly selected member.� The
official list of the county committee members and of the municipal committee
chairs maintained by the county clerk shall be deemed to be a government record
and
[
only
]
shall
include accurate email addresses and phone numbers for all committee members. �This
list shall be posted on the official Internet website of each respective
committee, and shall be provided to all persons who have notified the committee
of their interest in being selected as a candidate in accordance with this
section within 72 hours of the person so notifying the committee, in order to
ensure transparency and accuracy in the selection process.� Only
those
county committee members listed thereon
[
seven
days prior to a selection to fill a
]
at the time of the occurrence of the
vacancy and otherwise qualified to
vote on the vacancy shall be entitled to vote on filling a vacancy pursuant to
this section.�
The county clerk shall provide a final and complete list of
such qualified members to each person who has notified the committee of their
interest in being selected as a candidate immediately upon request or on or
before the seventh day preceding the meeting to fill the vacancy.� Any person
being considered for selection as a candidate may object to the qualifications
of any member appearing on the final list, to the extent permissible and in
accordance with the applicable procedures, as established by the committee�s
bylaws.
���� In addition, every person
appointed to the county committee shall file with the county clerk a
certificate of acceptance which shall be preserved by the county clerk as a
government record.
���� In the case of a meeting held
to select a candidate for other than a Statewide office, the chairperson of the
meeting shall be chosen by majority vote of the persons present and entitled to
vote thereat.�
[
The
chairperson so chosen may propose rules to govern the determination of
credentials and the procedures under which the meeting shall be conducted, and
those rules shall be adopted upon a majority vote of the persons entitled to
vote upon the selection.� If a majority vote is not obtained for those rules,
the delegates shall determine credentials and conduct the business of the
meeting under such other rules as may be adopted by a majority vote
]
�
The rules
governing the selection and voting process shall be in accordance with the
committee bylaws and shall provide for the use of electronic or machine voting
procedures, to the maximum extent practicable.� The rules shall be provided to
all persons who have notified the committee of their interest in being selected
as a candidate not later than 24 hours in advance of the vote to select a
candidate
.�
���� All contested votes taken at
the selection meeting, as referenced in subsections a. and b. of this section,
and
including votes for the chairperson of the meeting,
shall be by secret
ballot in a location or manner that protects the anonymity of the person's
vote.�
The conduct of all contested votes, and the participation of
committee members therein, shall be in accordance with ethical standards that
ensure the integrity of the nomination process, as provided by the committee
bylaws.
���� b. (1) Whenever in accordance
with subsection a. of this section members of two or more county committees are
empowered to select a candidate to fill a vacancy, it shall be the
responsibility of the chairpersons of said county committees, acting jointly not
later in any case than the seventh day following the occurrence of the vacancy,
to give notice to each of the members of their respective committees, as
certified by the county clerk, who are so empowered of the date, time and place
of the meeting at which the selection will be made, that meeting to be held at
least one day following the date on which the notice is given.
���� (2) Whenever in accordance
with the provisions of subsection a. of this section members of a county
committee are empowered to select a candidate to fill a vacancy, it shall be
the responsibility of the chairperson of such county committee, not later in any
case than the seventh day following the occurrence of the vacancy, to give
notice to each of the members of the committee, as certified by the county
clerk, who are so empowered of the date, time and place of the meeting at which
the selection will be made, that meeting to be held at least one day following
the date on which the notice is given.
���� (3) A county committee
chairperson or chairpersons who call a meeting pursuant to paragraph (1) or (2)
of this subsection shall not be entitled to vote upon the selection of a
candidate at such meeting unless he or she or they are so entitled pursuant to
subsection a.
���� (4) Whenever in accordance
with the provisions of subsection a. of this section the State committee of a
political party is empowered to select a candidate to fill a vacancy, it shall
be the responsibility of the chairperson of that State committee to give notice
to each of the members of the committee of the date, time and place of the
meeting at which the selection will be made, that meeting to be held at least
one day following the date on which the notice is given.
���� c.���� Whenever a selection is
to be made pursuant to this section to fill a vacancy resulting from inability
to select a candidate because of a tie vote at a primary election for the
general election, the selection shall be made from among those who have thus received
the same number of votes at the primary.
���� d.��� A selection made
pursuant to this section shall be made not later than the 68th day preceding
the date of the general election, and a statement of such selection shall be
filed with the Secretary of State or the appropriate county clerk, as the case
may be, not later than that day, and in the following manner:
���� (1) A selection made by a
State committee of a political party shall be certified to the Secretary of
State by the State chairperson of the political party.
���� (2) A selection made by a
county committee of a political party, or a portion of the members thereof,
shall be certified to the county clerk of the county by the county chairperson
of such political party; except that when such selection is of a candidate for
the Senate or General Assembly or the United States House of Representatives
the county chairperson shall certify the selection to the State chairperson of
such political party, who shall certify the same to the Secretary of State.
���� (3) A selection made by
members of two or more county committees of a political party acting jointly
shall be certified by the chairpersons of said committees, acting jointly, to
the State chairperson of such political party, who shall certify the same to
the Secretary of State.
���� e.���� A statement filed
pursuant to subsection d. of this section shall state the residence and post
office address of the person so selected, and shall certify that the person so
selected is qualified under the laws of this State to be a candidate for such
office, and is a member of the political party filling the vacancy.�
Accompanying the statement, the person endorsed therein shall file a
certificate stating that he or she is qualified under the laws of this State to
be a candidate for the office mentioned in the statement, that he or she
consents to stand as a candidate at the ensuing general election and that he or
she is a member of the political party named in said statement, and further
that he or she is not a member of, or identified with, any other political
party or any political organization espousing the cause of candidates of any
other political party, to which shall be annexed the oath of allegiance
prescribed in R.S.41:1-1 duly taken and subscribed by him or her before an
officer authorized to take oaths in this State.� The person so selected shall
be the candidate of the party for such office at the ensuing general election.�
Each candidate for the office of Governor or the office of member of the Senate
or General Assembly filing a certification shall annex thereto a statement
signed by the candidate that he or she:
���� (1) 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
���� (2) 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.
(cf: P.L.2023, c.124, s.3)
���� 2.��� This act shall take
effect January 1 next following the date of enactment.
STATEMENT
���� This bill makes changes to the
process for filling vacancies in the nominations of political parties for
candidates for public office.
���� The bill allows qualified
persons to submit their names for consideration to fill the vacancy, and ensures
that all qualified persons who have notified the appropriate political
committee or committees of their interest in being selected as a candidate for
the nomination for which there is a vacancy will be permitted to seek and
retain legal representation throughout the selection process.
���� The bill also extends the
timeframe for municipal clerks to certify to their respective county clerks an
official list of the duly elected county committee members and an official list
of the municipal committee chairs from 20 days after the meeting of each county
committee that is held on the first Tuesday following the primary election at
which committee members are elected.� Under the bill, the municipal clerks will
have 45 days following the meeting to certify the official list to the county
clerk.� This list is considered a government record accessible to the public,
and this bill would require that the list include accurate email addresses and
phone numbers for all committee members.� The bill further requires that the
list will be posted on the committee�s Internet website and that it be provided
to any person who has notified the committee of their interest in being
selected as a candidate for a vacancy in a nomination for public office upon
the committee�s receipt of such notification.
���� The bill also requires that a
final and complete list of qualified members be provided to each person who has
notified the committee of their interest in being selected as a candidate not
later than seven days prior to the committee�s vote to fill a vacancy.� Any
person being considered for selection as a candidate may object to the
qualifications of any member appearing on the final list, to the extent
permissible and in accordance with the applicable procedures, as established by
the committee�s bylaws.
���� The bill provides that the
meeting held to select a candidate to fill a vacancy in a nomination for public
office will be held in accordance with rules for conducting such a meeting as
established by the committee�s bylaws, and requires that such rules be provided
to any person who has notified the committee of their interest in being
selected to fill the vacancy not later than 24 hours prior to the vote.� Under
current law, the rules for conducting such vote to fill a vacancy may be
proposed by the chair of the meeting, at the meeting to fill the vacancy.
���� Finally, the bill provides
that the conduct of all contested votes to select a candidate for nomination
will be held in accordance with ethical standards that ensure the integrity of
the nomination process, as provided by the committee bylaws.