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S4313
SENATE, No. 4313
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MAY 21, 2026
Sponsored by:
Senator� JOSEPH P. CRYAN
District 20 (Union)
SYNOPSIS
���� Concerns deployment of military or other federal
forces at polling places in the State.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning the deployment of military or other federal
forces at polling places in the State and supplementing Title 19 of the Revised
Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.� a.� Whoever, being an
officer of the armed forces of the United States or the National Guard, orders,
brings, keeps, or has under his or her authority or control any troops or armed
persons at any place where an election is held, unless such force be necessary
to repel armed enemies of the United States, and thereby acts in violation of
federal law or any laws of this State, shall be guilty of a crime of the third
degree.
���� b.� This section shall not
prevent any officer or member of the armed forces of the United States or
National Guard from exercising the right of suffrage.
���� c.� This section shall not be
interpreted to limit when law enforcement is permitted by New Jersey law to be
near a polling place or mail-in ballot drop box location, pursuant to section 2
of P.L.1991, c.306 (C.19:6-15.1) or section 1 of P.L.2020, c.72 (C.19:63-16.1)
���� 2.� a.� (1)� Whoever, being an
officer or member of the armed forces of the United States or National Guard,
prescribes or fixes or attempts to prescribe or fix, whether by proclamation,
order or otherwise, the qualifications of voters at any election in the State;
or
���� (2)� Whoever, being such
officer or member, prevents or attempts to prevent by force, threat,
intimidation, advice or otherwise any qualified voter of the State from fully
exercising the right of suffrage at any election; or
���� (3)� Whoever, being such
officer or member, orders or compels or attempts to compel any election officer
in the State to receive a vote from a person not legally qualified to vote; or
���� (4)� Whoever, being such
officer or member, imposes or attempts to impose any regulations for conducting
any election in the State, different from those prescribed by law; or
���� (5)� Whoever, being such
officer or member, interferes in any manner with an election officer�s
discharge of his or her duties, and thereby acts in violation of federal law or
any laws of this State, shall be guilty of a crime of the third degree.
���� b.� This section shall not
prevent any officer or member of the armed forces from exercising the right of
suffrage.
���� 3.� a.� Whoever, being a
person employed in any administrative position by the United States, or by any
department or agency thereof, or by the State of New Jersey or any agency or
instrumentality thereof, in connection with any activity which is financed in
whole or in part by loans or grants made by the United States or the State of
New Jersey, or any department or agency thereof, uses his or her official
authority for the purpose of interfering with, or affecting, the nomination or
the election of any candidate for the office of President, Vice President,
Presidential elector, Member of the United States Senate, Member of the United
States House of Representatives, the office of Governor or Lieutenant Governor,
Member of the New Jersey Legislature, or an office in a county or municipality,
and thereby acts in violation of federal law or any laws of this State, shall
be guilty of a crime of the third degree.
���� b.� This section shall not
prohibit or make unlawful any act by any officer or employee of any educational
or research institution, establishment, agency, or system which is supported in
whole or in part by any state or political subdivision thereof, or by the
District of Columbia or by any territory or possession of the United States; or
by any recognized religious, philanthropic, or cultural organization.
���� 4.� a.� A person aggrieved by
a violation of this act, P.L. , c. (C. ) (pending
before the Legislature as this bill), may enforce the provisions of this act in
a suit in equity. �A prevailing plaintiff in such an action shall recover
reasonable attorney�s fees, reasonable expert fees, reasonable litigation
expenses, and all such fees as are appropriate as part of the costs to be
determined by the Superior Court.
���� b.� An election officer
holding an election or conducting a canvass may enforce the provisions of this
act and may institute an action for equitable relief on behalf of an aggrieved
person who is in the officer�s jurisdiction or is eligible to vote in the officer�s
jurisdiction.
���� c.� The Attorney General may
enforce the provisions of P.L. , c. (C. ) (pending
before the Legislature as this bill) and may institute for the State, or in the
name of the State, an action for equitable relief, including an application for
a temporary or permanent injunction, restraining order, or other order.
���� d.� A suit brought by an
election officer holding an election or conducting a canvass or by the Attorney
General under this section shall not preclude a contemporaneous private suit by
an aggrieved person to enforce the provisions of this act.
���� e.� The provisions of this act
are cumulative and shall not be construed as restricting the application of any
other law, including, but not limited to, the application of a criminal law to
a person whose conduct violates this act.
���� 5. �This act shall take effect
immediately.
STATEMENT
���� This bill concerns the
deployment of military forces at polling places or mail-in ballot drop box
locations.
���� Under the bill, an officer of
the armed forces of the United States or the National Guard, who orders,
brings, keeps, or has under his or her authority or control any troops or armed
persons at any place where an election is held, unless such force is necessary
to repel armed enemies of the United States, will be guilty of a crime of the
third degree. �The provisions are consistent with federal law.�
���� Consistent with federal law, the
bill specifies that an officer or member of the armed forces of the United
States or National Guard, who prescribes or fixes or attempts to prescribe or
fix, whether by proclamation, order or otherwise, the qualifications of voters
at any election in the State; or prevents or attempts to prevent by force,
threat, intimidation, advice or otherwise any qualified voter of the State from
fully exercising the right of suffrage at any election; or orders or compels or
attempts to compel any election officer in the State to receive a vote from a
person not legally qualified to vote; or imposes or attempts to impose any
regulations for conducting any election in the State, different from those
prescribed by law; or in any manner with an election officer�s discharge of his
or her duties, will be guilty of a crime of the third degree.
���� Consistent with federal law, a
person employed in any administrative position by the United States, or by any
department or agency thereof, or by the State of New Jersey or any agency or
instrumentality thereof, in connection with any activity which is financed in
whole or in part by loans or grants made by the United States or the State of
New Jersey, or any department or agency thereof, uses his or her official
authority for the purpose of interfering with, or affecting, the nomination or
the election of any candidate for the office of President, Vice President,
Presidential elector, Member of the United States Senate, Member of the United
States House of Representatives, the office of Governor or Lieutenant Governor,
Member of the New Jersey Legislature, or an office in a county or municipality,
will be guilty of a crime of the third degree.
���� A person aggrieved by a
violation of this bill may enforce the provisions of this act in a suit in
equity.� A prevailing plaintiff in such an action will be able to recover
reasonable attorney�s fees, reasonable expert fees, reasonable litigation
expenses, and all such fees as are appropriate as part of the costs to be
determined by a court of competent jurisdiction.� An election officer holding
an election or conducting a canvass may enforce the provisions of this act and
may institute an action for equitable relief on behalf of an aggrieved person
who is in the officer�s jurisdiction or is eligible to vote in the officer�s
jurisdiction. �The Attorney General may enforce the provisions of this bill and
may institute for the State, or in the name of the State, an action for
equitable relief, including an application for a temporary or permanent
injunction, restraining order, or other order.� A suit brought by an election
officer holding an election or conducting a canvass or by the Attorney General
does not preclude a contemporaneous private suit by an aggrieved person to
enforce the provisions of this act.�