N.J. Stat. tit. 19, ch. 23

N.J. Stat. tit. 19, ch. 23
in effect

N.J. Stat. § 19:23-1 Notice, State committee to county committee; county committee to municipal clerks.

19:23-1. The chairman of the State committee of a political party shall, on or before March 1 in the year when a Governor is to be elected, notify in writing the chairman of each county committee of such party of the number of male or female members or members with less than one full vote to be elected from the county at the ensuing primary election for the general election, and each such chairman shall, not later than the 74th day preceding the primary election for the general election, send a copy of such notice to the county clerk. The chairman of each county committee shall also, not later than the 74th day preceding the primary election for the general election, file with the clerks of the several municipalities the number of committeemen to be elected at the ensuing primary for the general election to the county committee. amended 1946, c.11, ss.13,17; (1946, c.11, ss.13,17; repealed 1948, c.2, s.32); 1948, c.2, s.22; 1965, c.4, s.10; 1966, c.19, s.5; 1967, c.7, s.4; 1967, c.26, s.4; 1968, c.292, s.4; 1978, c.15, s.3; 2005, c.136, s.25; 2007, c.61, s.10; 2011, c.134, s.23; 2023, c.16, s.7.

N.J. Stat. § 19:23-5 Party candidates for primary nominated by members of same party by petition

Candidates to be voted for at the primary election for the general election shall be nominated exclusively by the members of the same political party by petition in the manner herein provided.

N.J. Stat. § 19:23-6 Address of petitions

Petitions nominating candidates to be voted for by the voters of a political party throughout the entire State or of any subdivisions thereof more than a single county or any congressional district shall be addressed to the Secretary of State. Petitions nominating candidates for election to the Senate or General Assembly shall be addressed to the Secretary of State. Petitions nominating candidates to be voted for by the voters of a political party throughout a county or any county election district or subdivision of a county comprising more than a single municipality, shall be addressed to the clerk of the county. All other petitions shall be addressed to the clerks of municipalities. Amended by L.1967, c. 22, s. 2, eff. March 23, 1967; L.1975, c. 43, s. 1, eff. April 3, 1975.

N.J. Stat. § 19:23-7 Signers; certificates of candidates.

19:23-7. Each such petition shall set forth that the signers thereof are qualified voters of the State, congressional district, county, or county election district, municipality, ward or election district, as the case may be, in which they reside and for which they desire to nominate candidates; that they are members of a political party (naming the same), and that they intend to affiliate with that political party at the ensuing election; that they indorse the person or persons named in their petition as candidate or candidates for nomination for the office or offices therein named, and that they request that the name of the person or persons therein mentioned be printed upon the official primary ballots of their political party as the candidate or candidates for such nomination. The petition shall further state the residence and post-office address of each person so indorsed, and shall certify that the person or persons so indorsed is or are legally qualified under the laws of this State to be nominated, and is or are a member or members of the political party named in the petition. The petitions of a candidate for any State, county, or municipal elective public office shall also include a functioning e-mail address for the candidate. Accompanying the petition, each person indorsed therein shall file a certificate, stating that he is qualified for the office mentioned in the petition, that he is a member of the political party named therein, that he consents to stand as a candidate for nomination at the ensuing primary election of such political party, and that, if nominated, he consents to accept the nomination, to which shall be annexed the oath of allegiance prescribed in R.S.41:1-1, duly taken and subscribed by him before an officer authorized to take oaths in this State. Each petition shall be arranged to contain double spacing between the signature lines of the petition, so that each signer thereof is afforded sufficient space to provide his or her printed name, address and signature. Any form of a petition of nomination, other than petitions for federal office, which is provided to candidates by the Secretary of State, the county clerk, or the municipal clerk shall contain the following notice: "Notice: All candidates are required by law to comply with the provisions of the 'New Jersey Campaign Contributions and Expenditures Reporting Act.' For further information, please call (insert phone number of the Election Law Enforcement Commission)." amended 1948, c.438, s.7; 1949, c.24, ss.7,12; 1975, c.43, s.2; 1983, c.579, s.3; 1984, c.12, s.3; 1994, c.77, s.9; 2018, c.66, s.2.

N.J. Stat. § 19:23-7.1 Promulgation, publication, candidate nomination petitions.

5. a. Notwithstanding the provisions of any other law, rule, or regulation to the contrary, the Secretary of State shall promulgate and publish the forms to be used for petitions nominating candidates to be voted for at the primary election for the general election by January 1 of each year in which a primary election is to be held. b. Any petition signatures collected by a candidate for office to be voted for at the 2025 primary election utilizing the petition forms published by the Secretary of State prior to the effective date of this act, P.L.2025, c.20 (C.19:23-7.1 et al.), shall be required to comply with the provisions of this act but shall not be subject to a petition challenge based upon the use of a form published by the Secretary of State prior to the effective date of this act. L.2025, c.20, s.5.

N.J. Stat. § 19:23-8 Numbers of signers to petitions.

19:23-8. a. The petitions for candidates to be voted for by the voters of a political party throughout the entire State shall in the aggregate be signed by at least 2,500 of such voters; in the case of candidates to be voted for by the voters of a political party throughout a congressional district by at least 500 of such voters; and in the case of candidates for the Senate and General Assembly at least 250 of such voters. b. The petitions for candidates to be voted for by the voters of a political party throughout a county or any county election district shall in the aggregate be signed by at least one percent in number of the total votes cast by the voters of that political party at the last preceding primary election held for the election of that party's candidates for the General Assembly or at least 300 of such voters, whichever is less, but in no case shall the petition be signed by fewer than 150 of such voters. c. The petitions for candidates to be voted for by the voters of a political party throughout a municipality shall in the aggregate be signed by a number of such voters based upon the population of the municipality or ward as ascertained by the last Federal census as follows: (1) at least 100 of such voters in municipalities or wards having a population in excess of 50,000; (2) at least 75 of such voters in municipalities or wards having a population in excess of 25,000 and up to 50,000; (3) at least 50 of such voters in municipalities or wards having a population in excess of 10,000 and up to 25,000; (4) at least 25 of such voters, or five percent in number of the total votes cast by the voters of that political party at the last preceding primary election held for the election of that party's candidates for the General Assembly, whichever is less, in municipalities or wards having a population in excess of 5,000 and up to 10,000; (5) at least 10 of such voters, or five percent in number of the total votes cast by the voters of that political party at the last preceding primary election held for the election of that party's candidates for the General Assembly, whichever is less, in municipalities or wards having a population in excess of 2,500 and up to 5,000; and (6) at least five of such voters or five percent in number of the total votes cast by the voters of that political party at the last preceding primary election held for the election of that party's candidates for the General Assembly, whichever is less, in municipalities or wards having a population up to 2,500. d. The petitions for candidates to be voted for by the voters of a political party within a single election district shall in the aggregate be signed by at least 10 of such voters or five percent in number of the total votes cast by the voters of that political party at the last preceding primary election held for the election of that party's candidates for the General Assembly, whichever is less. e. In no case shall there be fewer than one signer of any such petition. f. For a person to be nominated for any office or elected to any political party position at the primary election by having the person's name written or pasted upon the primary election ballot, that person shall receive a number of votes at least equal to the number of signatures required on a candidate nominating petition pursuant to this section. Amended by L.1945, c. 285, p. 836, s. 1; L.1948, c. 438, p. 1699, s. 8; L.1967, c. 22, s. 3, eff. March 23, 1967; L.1975, c. 43, s. 3, eff. April 3, 1975; L.1981, c. 164, s. 1; 2023, c.288; 2025, c.20, s.2.

N.J. Stat. § 19:23-10 Single or several petitions; signing rules and regulations.

19:23-10. Not all of the names of petitioners need be signed to a single petition, but any number of petitions of the same purport may be filed; but in the aggregate the signatures thereto indorsing any one person shall be the number required by this title. The signers to petitions shall not therein indorse or recommend more persons as candidates for the position than are to be chosen at the ensuing primary election in the State or political subdivision in which the signers to the petition reside, nor shall such signers indorse more persons as candidates for nomination to office than are to be elected in the state or political subdivision. No member of one political party shall sign his name to any petition purporting to indorse any person as a candidate for office of another political party. A candidate shall be permitted to sign or circulate, or both sign and circulate, the petition required for that candidate to seek nomination for elective office. amended 2010, c.68, s.3.

N.J. Stat. § 19:23-11 Verification of petition.

19:23-11. Such petitions shall be verified by the oath or affirmation by affidavit of the person who circulates each petition, including a candidate who signs or circulates, or both signs and circulates, such a petition, taken and subscribed before a person qualified under the laws of New Jersey to administer an oath, to the effect that the affiant personally circulated the petition; that the petition is signed by each of the signers thereof in his proper handwriting; that the signers are to the best knowledge and belief of the affiant legal voters of the State or political subdivision thereof, as the case may be, as stated in the petition, belong to the political party named in the petition; and that the petition is prepared and filed in absolute good faith for the sole purpose of indorsing the person or persons therein named, in order to secure his or their nomination or selection as stated in such petition. The person who circulates the petition shall be a registered voter in this State whose party affiliation is of the same political party named in the petition. amended 2010, c.68, s.4; 2014, c.83, s.2.

N.J. Stat. § 19:23-12 Committee on vacancies.

19:23-12. The signers to petitions for "Choice for President," delegates and alternates to national conventions, for Governor, United States Senator, member of the House of Representatives, State Senator, member of the General Assembly and any county office may name three persons in their petition as a committee on vacancies. This committee shall have power in case of death or resignation or otherwise of the person indorsed as a candidate in said petition to fill such vacancy by filing with the Secretary of State in the case of officers to be voted for by the voters of the entire State or a portion thereof involving more than one county thereof or any congressional district, and with the county clerk in the case of officers to be voted for by the voters of the entire county or any county election district, a certificate of nomination to fill the vacancy. Such certificate shall set forth the cause of the vacancy, the name of the person nominated and that the person is a member of the same political party as the candidate for whom the person is substituted, the office for which the person is nominated, the name of the person for whom the new nominee is to be substituted, the fact that the committee is authorized to fill vacancies and such further information as is required to be given in any original petition of nomination. The certificate so made shall be executed and sworn to by the members of such committee, and shall upon being filed at least 62 days before election have the same force and effect as the original petition of nomination for the primary election for the general election and there shall be annexed thereto the oath of allegiance prescribed in R.S.41:1-1 duly taken and subscribed by the person so nominated before an officer authorized to take oaths in this State. The name of the candidate submitted shall be immediately certified to the proper municipal clerks. 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 candidate: 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. amended 1942, c.50, s.8; 1949, c.24, ss.8,12; 1975, c.43, s.4; 1985, c.92, s.17; 2004, c.26, s.3; 2011, c.37, s.7; 2022, c.7, s.2; 2023, c.16, s.8.

N.J. Stat. § 19:23-13 Vacancies caused by death or declining the office; new petition; oath of allegiance

Should any person indorsed in any petition as a candidate to be voted for at any primary election, except for the office of "Choice for President," delegates and alternates to national conventions, Governor, United States Senator, member of the House of Representatives, State Senator, members of the General Assembly, and any county office, die within three days after the last day for filing such petition, or in writing filed within three days after the last day for filing such petition with the county clerk or municipal clerk with whom such petition had been filed, decline to stand as a candidate, the vacancy or vacancies thus caused shall be filled by a majority of the persons signing the petition in and by which the person so dying or declining was indorsed, filing within three days after the occurrence of the vacancy with the municipal clerk, a new petition, setting forth the name of the person dying or declining the office for which he was indorsed, and the name of the person to be substituted, 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. Such petition shall be verified by three of the signers, and shall have the same force and effect as the original petition. Amended by L.1942, c. 50, p. 284, s. 9; L.1949, c. 24, p. 78, s. 9.

N.J. Stat. § 19:23-14 Certification by municipal clerk.

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 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. amended 1940, c.135, s.1; 1941, c.166, s.1; 1942, c.50, s.9a; 1948, c.2, s.23; 1956, c.53, s.2; 1983, c.579, s.4; 1985, c.92, s.18; 2001, c.211, s.1; 2011, c.37, s.8; 2022, c.7, s.3; 2022, c.70, s.2.

N.J. Stat. § 19:23-15 Acceptance, statement by candidates to accompany petitions.

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. 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. Amended 1949, c.24, s.10; 1998, c.147, s.6; 2004, c.26, s.4.

N.J. Stat. § 19:23-16 Person nominated by petition; filing of certificate.

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. 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. Amended 1949, c.24, s.11; 2004, c.26, s.5; 2022, c.15, s.1.

N.J. Stat. § 19:23-17 Designation on primary ticket of policy or faction.

19:23-17. a. Any person endorsed as a candidate for nomination for any public office or party position whose name is to be voted for on the primary ballot of any political party may, on the petition of nomination in which the candidate is endorsed, request that there be printed next to or below the candidate's name on the primary ballot a slogan or endorsement, in not more than six words, as named by the candidate in such petition, for the purpose of indicating either any official act or policy to which the candidate is pledged or committed, to distinguish the candidate as belonging to a particular faction or wing of the candidate's political party, or to indicate the endorsement of a person or incorporated association. b. (1) No slogan or endorsement shall include or refer to the name of any person or any incorporated association existing at the time the candidate files the petition of nomination unless the written consent of such person or incorporated association has been filed with the petition of nomination of such candidate or candidates. If a person or incorporated association wishes to revoke their consent as provided pursuant to this paragraph, the person or incorporated association shall notify the Secretary of State, county clerk, or municipal clerk, as the case may be, in writing and the Secretary of State or the clerk shall accept such revocation, provided that notice of such is received prior to the date on which the draw for ballot position is conducted pursuant to R.S.19:23-24. (2) No slogan or endorsement shall include or refer to any lawfully registered trademark of any person or incorporated association unless the written consent of such person or incorporated association has been filed with the petition of nomination of such candidate or candidates. If a person or incorporated association wishes to revoke their consent as provided pursuant to this paragraph, the person or incorporated association shall notify the Secretary of State, county clerk, or municipal clerk, as the case may be, in writing and the Secretary of State or the clerk shall accept such revocation, provided that notice of such is received prior to the date on which the draw for ballot position is conducted pursuant to R.S.19:23-24. c. The Secretary of State, county clerk, or municipal clerk, as the case may be, may reject a slogan or endorsement which is so substantially similar to that of another candidate that a reasonable voter could be misled or deceived into falsely believing that the candidates are running together under the same slogan or endorsement when the candidates have not requested to share such a slogan or endorsement. The Secretary of State, county clerk, or municipal clerk, as the case may be, shall notify the candidate or candidates requesting such slogan or endorsement in writing of the reasons for the rejection, and the candidate or candidates shall be given the opportunity to select an alternative slogan or endorsement. If the candidate or candidates who have been denied their first choice of slogan or endorsement pursuant to this section disagree with the decision of the Secretary of State, county clerk, or municipal clerk, as the case may be, the candidate or candidates shall have the right to appeal this decision to a judge of the Superior Court assigned to the county in which the petition of nomination was filed, and such appeal shall be heard on an expedited basis. d. No slogan or endorsement shall include or refer to the name of any candidate appearing on the ballot in the same primary election for a different office. e. Nothing in this section shall be construed to prohibit the use of a single word referring to the membership or affiliation of a person with a political party, as defined under R.S.19:1-1, such as "Democrat" or "Republican", in a candidate's slogan. Amended by L.1944, c. 231, p. 787, s. 1; 2025, c.32, s.3.

N.J. Stat. § 19:23-18 Grouping of candidates.

19:23-18. a. Several candidates for nomination to the same office with multiple open seats to be voted on at a primary election may in such petitions request that their names be associated and that the common slogan or endorsement to be named by them shall be printed next to or below their names, as permitted by R.S.19:23-17. The county clerk in the county in which a petition of nomination is filed shall accept such requests made in compliance with this section, provided that such notice is received prior to the date on which the draw for ballot position is conducted pursuant to R.S.19:23-24. If any candidate, following acceptance of such request by the county clerk, wishes to modify, supplement, or revoke the terms of their association, as indicated on their petitions at the time of filing, the candidate shall notify the county clerk in writing and the clerk shall accept such modification, supplement, or revocation, provided that such notice is received prior to the date on which the draw for ballot position is conducted pursuant to R.S.19:23-24. The clerk shall not accept any request to modify, supplement, or revoke the terms of an association received after the draw for ballot position is conducted pursuant to R.S.19:23-24. b. If two candidates or associations of candidates seeking the same office shall select the same slogan, the Secretary of State, county clerk, or municipal clerks, as the case may be, shall notify the candidate or associated candidates whose petition was last filed, and such candidate or associated candidates shall select a new slogan. c. If multiple candidates or associations of candidates shall receive the endorsement of the same person or incorporated association, such endorsement shall be printed next to or below all candidates having indicated such endorsement on their petitions of nomination, as permitted by R.S.19:23-17. d. If candidates have requested to be associated pursuant to subsection a. of this section, the associated candidates shall be drawn together for position on the ballot pursuant to R.S.19:23-24. The candidates, on their petitions, shall waive their right to be drawn separately for ballot position. Amended 2025, c.32, s.4.

N.J. Stat. § 19:23-19 Defective petition; notice to candidates

In case a petition of nomination shall be defective excepting as to the number of signatures, the officer with whom such petition has been filed shall forthwith notify any candidate so indorsed whose petition for nomination is defective, setting forth the nature of such defect and the date when the ballots will be printed.

N.J. Stat. § 19:23-20 Amendment of defective petition; time specified.

19:23-20. Such candidate shall be permitted to amend the petition either in form or in substance, but not to add signatures, so as to remedy the defect not later than 4:00 p.m. of the third day after the last day for the filing of petitions. amended 2022, c.7, s.4.

N.J. Stat. § 19:23-20.1 Deadline for objection to nomination petition.

8. Every petition of nomination in apparent conformity with the provisions of this Title shall be deemed to be valid, unless objection thereto be duly made in writing and filed with the officer with whom the original petition was filed not later than 4:00 p.m. of the fourth day after the last day for filing of petitions. If such objection is made, notice thereof signed by such officer shall forthwith be mailed to the candidate who may be affected thereby, addressed to the candidate at the candidate's place of residence as given in the petition of nomination. L.2022, c.7, s.8.

N.J. Stat. § 19:23-20.2 Duties, responsibilities of officer with whom original petition was filed.

9. The officer with whom the original petition was filed shall in the first instance pass upon the validity of such objection in a summary way unless an order shall be made in the matter by a court of competent jurisdiction and for this purpose such officer shall have power to subpoena witnesses and take testimony or depositions. The officer shall file a determination in writing in the officer's office on or before the ninth day after the last day for the filing of petitions, which determination shall be open for public inspection. L.2022, c.7, s.9.

N.J. Stat. § 19:23-21 Certification by Secretary of State.

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 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. amended 1942, c.50, s.10; 1983, c.579, s.5; 1985, c.92, s.19; 2011, c.37, s.9; 2022, c.7, s.5; 2023, c.16, s.9.

N.J. Stat. § 19:23-22 Certification by county clerk.

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 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. amended 1942, c.50, s.11; 1948, c.2, s.24; 1983, c.579, s.6; 1985, c.92, s.20; 2011, c.37, s.10; 2022, c.7, s.6; 2023, c.16, s.10.

N.J. Stat. § 19:23-22.1 Certification by municipal clerks of nominees to county clerks in certain counties

In counties having a population of 700,000 or more inhabitants and in second class counties having a population of not less than 300,000 or more than 425,000 inhabitants and in counties having a population of not less than 150,000 or more than 300,000 inhabitants, each municipal clerk shall, on or before the sixth day following the last day for the filing of petitions for the primary election in each year, 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, and the order in which their names were drawn in accordance with the provisions of Title 19 of the Revised Statutes. L.1945, c. 68, p. 346, s. 1. Amended by L.1948, c. 2, p. 43, s. 25; L.1961, c. 62, p. 557, s. 1; L.1965, c. 29, s. 1; L.1981, c. 462, s. 21.

N.J. Stat. § 19:23-22.4 Printing ballots in counties

In all counties the county clerk shall cause to be printed a sufficient number of official primary ballots and official primary sample ballots of each political party, in proper form for the mailing of such sample ballots at the times and in the manner and number as required by the provisions of Title 19 of the Revised Statutes, and shall furnish such official primary sample ballots to the proper officer or officers on the earliest possible date preceding the primary election. In the counties described by this section, for each election district within the county in which the primary language of 10% or more of the registered voters is Spanish, the county clerk shall similarly cause to be printed bilingually in English and Spanish a sufficient number of official primary sample ballots of each political party, and shall similarly furnish such official primary sample ballots to the proper officer or officers. L.1965, c. 29, s. 2. Amended by L.1974, c. 51, s. 1, eff. June 25, 1974.

N.J. Stat. § 19:23-22.5 Cost of printing ballots in certain counties

In counties having a population of 700,000 or more inhabitants and in second class counties having a population of not less than 300,000 or more than 425,000 inhabitants and in counties having a population of not less than 150,000 or more than 300,000 inhabitants, the cost of printing of the official primary election ballots and primary election sample ballots shall be paid by the county but the county shall be reimbursed by the municipalities, each municipality paying such amount as shall be apportioned to it by the county clerk based on the proportion of the number of such official primary election ballots and primary election sample ballots required for use in such municipality. L.1965, c. 29, s. 3. Amended by L.1981, c. 462, s. 22.

N.J. Stat. § 19:23-23 Separate ballot for each party

There shall be separate ballots for each political party. Such ballots shall be alike in form for all political parties.

N.J. Stat. § 19:23-23.1 Findings, declarations.

1. The Legislature finds and declares that: a. The Elections Clause of the United States Constitution grants the State with the right and ability to make laws concerning the time, place, and manner of elections. b. State and Federal courts have frequently deferred to the State Legislature to enact such laws and balance the respective interests of the State, candidates for offices, and the voters, "a function for which the Legislature is uniquely fitted." c. As per the ruling of Judge Quraishi of the United States District Court for the District of New Jersey, the bracketing structure used in New Jersey's primary election ballots was primarily created by the combined effect of three statutes: R.S.19:23-24; section 1 of P.L.1981, c.71 (C.19:23-26.1); and R.S.19:49-2. d. The combined effect of these three statutes created unique ballot conditions such as incongruous separation, preferential placement for certain candidates based upon the drawing of candidates for different offices, and improper placement of certain candidates amongst candidates for different offices on the ballot. These conditions led to two legal challenges in federal district court, where Plaintiffs asserted that the bracketing structure impermissibly burdened their rights under the First Amendment of the United States Constitution. e. Prior to a decision being reached in either of these cases, the leaders of the New Jersey State Legislature committed to remedying the combined effect of these statutes and pledged to design a new primary election ballot for use in this State. f. In furtherance of this commitment, the General Assembly convened the Select Committee on Ballot Design, comprised of an equal number of members of both parties in the General Assembly. g. The Select Committee on Ballot Design met in a series of five public hearings to take testimony from experts and the public alike in order to better understand the issue and balance the interests of the many perspectives presented. h. The design of the new primary election ballot, to be established by this act, P.L.2025, c.32 (C.19:23-23.1 et al.), took into consideration the expertise of: (1) the county clerks and election officials, who are ultimately responsible for implementation of the design; (2) the National Conference of State Legislatures, which provided the committee with expert testimony and research concerning ballot design and other election matters, including the relevant practices in other states; (3) the Center for Civic Design, which provided the committee with expert testimony and whose research and guidance on standardized and user-friendly ballot design principles are publicly available; and (4) members of the public, many of whom spoke in support of an office block ballot design. i. The new ballot design for primary election ballots also seeks to further important government interests, such as ensuring timely and orderly election processes, of which the primary election is an integral part. j. As the most critical stage in the electoral process is the instant before the vote is cast, the design for the new primary election ballots seeks to: (1) ensure that voters can understand the ballot; (2) maintain a manageable ballot; (3) reduce voter confusion; (4) provide voters with information as to the policy positions and endorsements of the candidates running for office; and (5) allow voters to quickly find their preferred choice of candidate for a given office and cast their vote. k. Additionally, the State has an important interest in fostering an informed and educated electorate who may express their political opinions through the casting of their vote. l. The design of the new primary ballot preserves the ability of political parties to make endorsements, since party labels provide a shorthand designation of the views of party candidates, and the identification of candidates with a particular party plays a role in the process by which voters inform themselves for the exercise of the franchise. m. This design also takes into consideration the First Amendment rights of political parties and their governing bodies, recognizing that primary elections are, at their core, a function of the party and therefore not a public affair which may be overly regulated by the State. This principle has routinely been upheld by the United States Supreme Court and courts in New Jersey. n. This design seeks also to preserve the First Amendment rights of candidates who wish to legitimately associate with one another through the use of common slogans, without requiring that any candidates associate, while also safeguarding against abuses of the candidate slogans, such as the use of misleading or false slogans which could be deceptive to a reasonable voter. L.2025, c.32, s.1.

N.J. Stat. § 19:23-23.2 Design standards, primary election ballots.

2. a. All primary election ballots used in this State shall comply with the following design standards: (1) the oval or space for the voter to mark a vote shall be to the left or to the right of the name of each candidate, and each candidate's name shall appear flush next to and aligned with the oval or space in a consistent manner which does not create any visual distinction between candidate names; (2) all text shall be written in plain, simple language, to the extent possible, and shall avoid overly technical language; (3) candidates shall be arranged by office sought in an office block format, each office block shall be separated on the ballot from other office blocks, and candidates for the same office shall be listed within the same office block without a page break appearing between their names, and as further provided under R.S.19:23-25; (4) all office blocks appearing on one ballot shall be designed according to the same standards of design, consistent with the provisions of this section; (5) all spacing, ruling, and delineation of candidates shall be consistent and uniform within each office block and across all office blocks included on each ballot so as not to create a separation or visual distinction between the names of any candidates; and (6) candidate ballot draw positions shall be labeled using a letter and number, such as "1A", corresponding to the office block and line each candidate is placed on, and such label shall be placed next to a candidate's name. b. No primary election ballot used in this State shall be designed in a manner that creates for a candidate on the ballot an incongruous separation from other candidates seeking the same office, positions a candidate on the ballot among candidates for a different office, or brackets candidates together on the ballot so as to position a candidate based upon a drawing for ballot position for a different candidate for a different office. No primary election ballot used in this State shall include any distinguishing mark or notation, except as otherwise provided by law. c. Each county clerk shall: (1) allow for the placement of a slogan or endorsement of not more than six words next to or below the names of candidates in the same font and color as the name, but in a smaller font size, provided that the slogan or endorsement shall not be in bold or italicized fonts and provided that the slogan or endorsement complies with R.S.19:23-17; (2) allow candidates for the same office with multiple open seats to associate in the same office block, using a common slogan or endorsement, next to or below the associated candidate names in compliance with the provisions of R.S.19:23-18; and (3) indicate the association of candidates for the same or different offices using a common slogan or endorsement next to or below each of the candidates' names, as provided by R.S.19:23-17. d. In addition to complying with the provisions of this section, each county clerk may arrange and design the ballot in either landscape or portrait orientation. e. The Secretary of State, in consultation with all county clerks, shall promulgate uniform guidelines for all county clerks to follow in order to comply with the requirements of this section. L.2025, c.32, s.2.

N.J. Stat. § 19:23-23.3 Severability.

13. The provisions of this act, P.L.2025, c.32 (C.19:23-23.1 et al.) shall be severable, and if any of its provisions shall be held to be unconstitutional, the decision of the court shall not affect the validity of the remaining provisions of this act. L.2025, c.32, s.13.

N.J. Stat. § 19:23-24 Primary election ballots; position.

19:23-24. a. The position which the candidates for the primary for the general election shall have upon the ballots used for the primary election for the general election, in the case of candidates for nomination for members of the United States Senate, Governor, members of the House of Representatives, members of the State Senate, members of the General Assembly, choice for President, delegates and alternates-at-large to the national conventions of political parties, district delegates and alternates to conventions of political parties, candidates for party positions, other than State political party committee, and county offices or party positions which are to be voted for by the voters of the entire county or a portion thereof greater than a single municipality, including a congressional district which is wholly within a single municipality, shall be determined by the county clerks in their respective counties. The position on the ballot used for the primary election for the general election in the case of candidates for nomination for office or party position wherein the candidates for office or party position to be filled are to be voted for by the voters of a municipality only, or a subdivision thereof (excepting in the case of members of the House of Representatives), which nominating petitions are required to be filed in the municipal clerk's office, shall be determined by the municipal clerk in such municipalities, except that, upon written notice by the county clerk to the municipal clerk, the county clerk shall determine the position on the ballot for such offices or party positions. The position which the candidates shall have upon the ballots used for the primary election shall be determined as specified in this section. b. The county clerk, the county clerk's deputy, the municipal clerk, or the municipal clerk's deputy, as the case may be, shall at the clerk's office on the 61st day prior to the primary election for the general election at three o'clock in the afternoon draw from the box, as hereinafter described, each card separately without knowledge on the clerk's part as to which card the clerk is drawing. Any legal voter of the county or municipality, as the case may be, shall have the privilege of witnessing such drawing. The person making the drawing shall make public announcement at the drawing of each name, the order in which the same is drawn, and the office for which the drawing is made. When there is to be but one person nominated for the office, the names of the several candidates who have filed petitions for such office shall be written upon cards (one name on a card) of the same size, substance, and thickness. The cards shall be deposited in a box with an aperture in the cover of sufficient size to admit a man's hand. The box shall be well shaken and turned over to thoroughly mix the cards, and the cards shall then be withdrawn one at a time. The first name drawn shall have first place, the second name drawn, second place, and so on; the order of the withdrawal of the cards from the box determining the order of arrangement in which the names shall appear upon the primary election ballot. Where there is more than one person to be nominated to an office where petitions have designated that certain candidates shall be associated pursuant to R.S.19:23-18, the position of such names on the ballot, together with individuals who have filed petitions for nomination for such office, shall be determined as above described. Where there is more than one person to be nominated for an office and there are more candidates who have filed petitions than there are persons to be nominated, the order of the printing of such names upon the primary election ballots shall be determined as above described. c. Candidates for nomination to the same office with multiple open seats to be voted on who wish to associate with one another and who have filed a petition of nomination and waived their right to be drawn individually in compliance with R.S.19:23-18 shall be treated as one name and shall be drawn only once under subsection b. of this section. d. As prohibited by section 2 of P.L.2025, c.32 (C.19:23-23.2), no candidate shall have their position on the ballot determined by the position of any candidate for a different office. e. (1) If there is only one candidate for an office to be voted on at the primary election, the candidate shall be placed first in the office block for the respective office being sought, and the drawing procedures described in subsection b. of this section shall not be required. (2) If there are an equal number of candidates and open seats for an office, and all the candidates seeking the office have filed a petition of nomination indicating their intention to associate on the ballot pursuant to R.S.19:23-18, the candidates shall be placed upon the ballot in the order requested on their petitions of nomination, and the drawing procedures described in subsection b. of this section shall not be required. f. The county clerk in certifying to the municipal clerk the offices to be filled and the names of candidates to be printed upon the ballots used for the primary election for the general election shall certify them in the order as drawn in accordance with the provisions of this section, and the municipal clerk shall cause to be printed the names upon the ballots as so certified and in addition shall print the names of such candidates as have filed petitions with the municipal clerk in the order as determined as a result of the drawing as above described. amended 1942, c.50, s.12; 1985, c.92, s.21; 1995, c.191, s.3; 2005, c.136, s.26; 2011, c.37, s.11; 2011, c.134, s.24; 2022, c.7, s.7; 2023, c.16, s.11; 2025, c.32, s.5.

N.J. Stat. § 19:23-25 Make up and printing ballot.

19:23-25. The ballots shall be made up and printed consistent with the requirements of section 2 of P.L.2025, c.32 (C.19:23-23.2) and in substantially the following form: At the top of each ballot shall be printed the words "Official Democratic Party Primary Ballot," or "Official Republican Party Primary Ballot," or, as the case may be, naming the proper political party, as provided in this Title; below which and extending across the ballot in one or more lines, as may be necessary, shall be printed the words ................ name of county ………….. name of municipality ................... ward ................ election district ..................... date of election ................... John Doe, county clerk; the blank spaces shall be filled in with the name of the proper county, municipality, the ward and the district number and the date of election. The name of the county clerk shall be a facsimile of the county clerk's signature. This heading shall be set apart from the body of the ballot by a heavy diagram rule. Below this rule shall be printed the following directions instructing the voter how to indicate the voter's choice for each office and position and for how many persons to vote for each office and position: To vote for any person whose name is printed upon this ballot mark a cross x, plus +, check, or an otherwise appropriate mark on the oval or space next to the name of such person. To vote for any person whose name is not printed upon this ballot write or paste the name in the blank space under the proper title of office and mark a cross x, plus +, check, or an otherwise appropriate mark on the oval or space next to the name of such person. Below these instructions shall be printed a heavy diagram rule, below which shall be printed the government levels describing the offices to be voted for below which shall be separate office blocks headed by the titles of offices and positions for which candidates are to be voted for at the primary election, together with such directions to the voter as may be necessary. "Vote for one," "Vote for two," or a greater number, as the case may be, shall be included with any other directions to the voters and shall be printed in an obvious and conspicuous manner. The office blocks shall be arranged in the following order: (1) federal offices, below which shall be printed separate office blocks for choice for President or electors for President, members of the United States Senate, and members of the House of Representatives; (2) State offices, below which shall be printed separate office blocks for Governor, members of the State Senate, and members of the General Assembly; (3) countywide offices, below which shall be printed separate office blocks for county executive, member of the board of county commissioners, county clerk, county sheriff, and any other county offices in their respective office blocks; (4) municipal offices, below which shall be printed separate office blocks for mayor, member of the council or municipal governing body, and any other municipal offices in their respective office blocks; (5) any other titles of office, below which shall be printed separate office blocks for each office; (6) delegates and alternates-at-large to the national conventions of political parties, provided that the candidates for delegates and alternates-at-large may be placed next to the office block for choice for President or electors for President; (7) district delegates and alternates to conventions of political parties, provided that the candidates for district delegates and alternates may be placed next to the office block for choice for President or electors for President; and (8) candidates for county party positions. A heavy diagram rule shall be used to distinguish each office block for the different offices. Underneath the proper title of office and position shall be printed the names of all those persons certified as candidates for the offices to the municipal clerk by the county clerk as hereinbefore provided, and the names of persons endorsed as such candidates in petitions on file in the office of the municipal clerk as they appear signed to the certificate of acceptance. The name of any person endorsed in a petition as provided who shall fail to certify the person's consent and agreement to be a candidate for nomination to the office specified therein shall not be printed upon the ballots to be used at the primary election. In the case of a vacancy among nominees, the name of the person selected in the manner provided in this Title to fill the same shall be printed upon the ballots in the place of the person vacating such nomination. The candidates shall be arranged as indicated on their petitions for nomination for the same office with multiple open seats in all cases where the petitions endorsing such candidates and filed in accordance with R.S.19:23-18 request for such candidates to be associated within the same office block. The slogan or endorsement named by candidates in their petitions for nomination, as provided by R.S.19:23-17, shall be printed next to or below the names of such candidates. Immediately next to the name of each candidate for office and position shall be printed an oval or space in which the voter shall indicate the voter's choice. A heavy diagram rule shall be used between each office block. The ballot shall be so arranged that all candidates seeking the same office are listed in one contiguous office block. No candidate shall be separated from other candidates seeking the same office on the ballot. Each primary ballot shall contain, at the end of the list of candidates for each different office, blank spaces or lines equal to the number of persons to be elected to the office for the purpose of allowing any voter to write or paste the name of any person for whom the voter desires to vote for any office or party position. Amended 1947,c.104,s.8; 1994,c.77,s.10; 2025, c.32, s.6.

N.J. Stat. § 19:23-25.1 Designation or slogan on primary ballots

No designation or slogan shall be printed on any ballot to be used in the conduct of any primary election in connection with any candidate or group of candidates for office, which designation or slogan includes or refers to the name of any other person unless the written consent of such other person has been filed with the petition of nomination of such candidate or group of candidates. L.1944, c. 8, p. 23, s. 3.

N.J. Stat. § 19:23-26.3 Data collection, ballot design changes; report, recommendations to Governor, Legislature.

8. a. The Division of Elections in the Department of State shall collect data from county and municipal clerks and county boards of elections on their experiences regarding the changes to ballot design and primary election procedures in this State implemented pursuant to P.L.2025, c.32 (C.19:23-23.1 et al.), and shall develop and submit a report as provided in this section. The report shall include data concerning the conduct of primary elections, best practices to improve the conduct of future primary elections, and any other relevant information, research, guidance, and expertise regarding the implementation of the new ballot designs and primary election procedures. b. In preparing the report required pursuant to this section, the division shall, at a minimum, collect data on the following: (1) experiences of election officials, candidates, and voters regarding the ballot changes, including whether such changes contributed to candidate or voter confusion or increased the difficulty for election officials to administer primary elections in this State; and (2) what the costs of implementation were. At the discretion of the division, the report may also provide the Governor and the Legislature with recommendations to improve overall election experiences and voter participation. c. The report shall be prepared and submitted to the Governor and Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), within 180 days after the date of the second primary election following the enactment of P.L.2025, c.32 (C.19:23-23.1 et al.). L.2025, c.32, s.8.

N.J. Stat. § 19:23-27 Printing of ballots; number; cost paid by municipalities

Not later than twelve o'clock noon of the Saturday preceding a primary for the general election each municipal clerk shall have had printed and on hand in his office for the use of each of the political parties official primary ballots equal in number to one and one-tenth times the number of votes cast by such political party at the last preceding general election at which electors for president and vice president of the United States were voted for in such election district. When an election district shall have been divided or the boundaries thereof changed, or a new district created, the municipal clerk shall ascertain as nearly as may be possible the number of voters in the new or rearranged or divided district, and provide therefor a sufficient number of official primary ballots in the above proportion. The cost of printing the official primary ballots shall be paid by the respective municipalities.

N.J. Stat. § 19:23-28 Style of ballot; paper and type

The ballots shall be printed on plain white paper uniform in size, quality and type and of such thickness that the printing thereon cannot be distinguished from the back of the paper, and without any mark, device or figure on the front or back except as in and by this title provided.

N.J. Stat. § 19:23-29 Error in ballots; correction

When it shall appear that any error or omission has occurred in the copy prepared by the municipal clerk for the printer or in the printing of the official ballots for any primary election by any municipal clerk, any voter resident in any election district affected by such error or omission may present to a judge of the Superior Court assigned to the county containing the election district, a verified statement setting forth the error or omission, and such judge, being satisfied thereof, shall thereupon summarily, by his order, require the municipal clerk to correct the error or omission, or show cause why it should not be corrected. Amended by L.1953, c. 19, p. 338, s. 25.

N.J. Stat. § 19:23-30 Number of ballots and envelopes; printing; delivery; cost paid by municipalities.

19:23-30. a. In counties not having a superintendent of elections where the county board of elections does not have the equipment or facilities to address and mail sample ballot envelopes, the municipal clerk shall cause to be printed as herewith prescribed a sufficient number of official primary sample ballots of each political party in each election district and shall furnish a sufficient number of stamped envelopes to enable every district board to mail one copy of such ballot of each political party to each voter who is registered in the district for the primary election, less the number of voters who have been sent a confirmation notice pursuant to subsection d. of R.S.19:31-15 and have not responded. The municipal clerk shall deliver to the county clerk in all counties and the county board in counties having a superintendent of elections one official primary sample ballot of each political party for each district in his municipality. The cost of printing the official primary sample ballots and the stamped envelopes therefor shall be paid by the respective municipalities. b. In counties having a superintendent of elections, and in other counties where the county board of elections may have the equipment or facilities to prepare a properly stamped envelope addressed to each registered voter in the county for mailing, the municipal clerk shall cause to be printed as herewith prescribed a sufficient number of official primary sample ballots of each political party for each election district and shall furnish a sufficient number of stamped envelopes to enable the commissioner of registration of the county to mail one copy of such ballot of each political party to each voter who is registered in the district for the primary election, less the number of voters who have been sent a confirmation notice pursuant to subsection d. of R.S.19:31-15 and have not responded. The municipal clerk shall also deliver to the county board ten official primary sample ballots of each political party for each district in his municipality. The cost of printing of the official primary sample ballots and stamped envelopes therefor shall be paid for by the respective municipalities. County boards of elections which elect to operate under the provisions of this paragraph shall notify their respective municipal clerks in sufficient time to enable them to make the necessary arrangements the first year. Amended 1941, c.275, s.3; 1946, c.261, s.3; 1947, c.168, s.8; 2009, c.110, s.2.

N.J. Stat. § 19:23-30.1 Information sent to newly-registered voters for primary election.

2. Notwithstanding the provisions of any other law to the contrary, a voter who registers after the 29th day prior to a primary election and who is eligible to participate in that election may be sent, instead of a sample ballot, notice of the voter's polling place, information on where to obtain a sample ballot prior to the election, a statement indicating that a sample ballot will be available at the polling place on the day of the election, and, if applicable, information on a county website where a sample ballot may be viewed. L.2005,c.139,s.2.

N.J. Stat. § 19:23-31 Sample ballot facsimile of official ballot.

19:23-31. The official primary sample ballot shall be, as nearly as possible, a facsimile of the official primary ballot to be voted at the primary election and shall be printed on paper different in color from the official primary ballot, so that the same may be readily distinguished from the official primary ballot. It shall state clearly the days, hours, and places at which early voting shall be available in the county. The official primary sample ballot shall have printed at the top in large type the words: "This official primary sample ballot is an exact copy of the official primary ballot to be used on primary election day. This ballot cannot be voted." The official primary sample ballot shall also have printed thereon, following the words which indicate the election district, the following words: "The polling place for this election district is (Stating the location of said polling place)." amended 2021, c.40, s.14.

N.J. Stat. § 19:23-32 Words on envelopes

Each of such envelopes shall have printed on the face thereof, in large type, the words, "Official Primary Sample Ballot," and in smaller type, in the upper left-hand corner, the words, "If not delivered in two days return to the superintendent of elections" in counties having a superintendent of elections, to the "Commissioner of Registration" in other counties and in the lower left-hand corner shall be printed the words "Municipality" followed by a line " " "Ward" followed by a line " " and "District" followed by a line " " arranged in three lines one under the other. Amended by L.1947, c. 168, p. 747, s. 9.

N.J. Stat. § 19:23-33 Sample ballots and envelopes furnished to district boards or commissioner of registration.

19:23-33. In counties not having a superintendent of elections where the county board of elections does not have the equipment or facilities to address and mail sample ballot envelopes, the municipal clerk in each municipality shall furnish to a member of each district board in his municipality, at his office, or in any other way that he sees fit, on or before Tuesday preceding the start of the early voting period for the primary election in each year, sufficient sample ballots and sufficient stamped envelopes to enable the board to mail sample ballots to the voters as hereinbefore provided. Each of the boards shall give the municipal clerk a receipt for such sample ballots and envelopes signed by one of its members. In counties having a superintendent of elections, and in other counties where the county board of elections shall elect to operate under the provisions of subsection b. of section 19:23-30 of this Title, the municipal clerk in each municipality shall furnish to the commissioner of registration of his county not later than the eighth day preceding the start of the early voting period for the primary election of each year, sufficient stamped envelopes to enable the commissioner of registration to mail sample ballots to each voter who is registered in the county, less the number of voters who have been sent a confirmation notice pursuant to subsection d. of R.S.19:31-15 and have not responded, and shall, not later than noon of the seventh day preceding the start of the early voting period for the primary election furnish sufficient sample ballots to the commissioner of registration of his county for that purpose. The commissioner of registration shall give the municipal clerk a receipt for such sample ballots and envelopes. amended 1941, c.275, s.4; 1946, c.261, s.4; 1947, c.168, s.10; 2009, c.110, s.3; 2021, c.40, s.15.

N.J. Stat. § 19:23-34 Mailing sample ballots.

19:23-34. Each of such district boards, in counties not having a superintendent of elections where the county board of elections does not have the equipment or facilities to address and mail sample ballot envelopes, and the commissioner of registration in all other counties, shall prepare and deposit in the post office, on or before twelve o'clock noon on Wednesday preceding the start of the early voting period for the primary, the stamped envelopes containing a copy of the sample primary ballot of each political party addressed to each voter whose name appears in the primary election registry book. amended 1941, c.275, s.5; 1946, c.261, s.5; 1947, c.168, s.11; 2021, c.40, s.16.

N.J. Stat. § 19:23-35 Posting sample ballots.

19:23-35. In counties not having a superintendent of elections, where the county board of elections does not have the equipment or facilities to address and mail sample ballot envelopes, such district board shall also post three sample ballots in the polling place in its district. The county board of elections in all counties of the first class, and in other counties where the county board of elections shall elect to operate under the provisions of subsection b. of section 19:23-30 of this Title, shall, not later than the start of the early voting period for the primary election, deliver to the members of the district board three sample ballots for their respective election district. The board shall post the sample ballots in the polling place in its district. amended 1941, c.275, s.6; 1946, c.261, s.6; 1947, c.168, s.12; 1952, c.61, s.2; 2021, c.40, s.17.

N.J. Stat. § 19:23-36 Return of unused sample ballots and envelopes

In counties not having a superintendent of elections where the county board of elections does not have the equipment or facilities to mail sample ballot envelopes, the district boards shall return to the municipal clerk the unused sample ballots and stamped envelopes, with a sworn statement in writing, signed by a majority of the members of the board, to the effect that the remainder of the sample ballots in envelopes were actually mailed or posted as provided in this Title, and the members of the board failing to file such statement shall receive no compensation for the service of mailing. In counties having a superintendent of elections, and in other counties where the county board of elections shall elect to operate under the provisions of subsection b of section 19:23-30 of this Title, the commissioner of registration shall return to the municipal clerk the unused sample ballots and stamped envelopes with a sworn statement to the effect that the remainder of the sample ballots and envelopes were actually mailed or posted as herein provided. Amended by L.1941, c. 275, p. 743, s. 7; L.1946, c. 261, p. 918, s. 7; L.1947, c. 168, p. 749, s. 13.

N.J. Stat. § 19:23-37 Public display of returned envelopes

All the envelopes which shall have been mailed but not delivered to the addresses and shall have been returned to the superintendent, commissioner or county board, shall be retained by the superintendent, commissioner or county board, as the case may be, for thirty days, open to public inspection.

N.J. Stat. § 19:23-38 Municipal clerk to members of district boards; receipt

The municipal clerk shall on the day preceding the primary election cause to be delivered, at his office, to a member or members of the district board of each election district within his municipality, the ballots and the ballot boxes provided for each election district, and any registers, poll books and other documents that he may have received from the county clerk, the county board or the commissioner, and take a receipt from such member or members therefor, which last mentioned receipt the clerk of the municipality shall file and preserve for one year.

N.J. Stat. § 19:23-39 Members of district boards to board; receipts

Such member or members shall on the morning of the primary election, before proclamation of the opening of the polls, deliver the ballot boxes and the ballots by them received to the election boards of their respective election districts, with the seals thereof unbroken, and shall take receipts therefor from the district board, which receipts such member or members shall preserve for one year.

N.J. Stat. § 19:23-40 Primary elections, dates, time.

19:23-40. The primary election for the general election shall be held for all political parties upon the Tuesday next after the first Monday in June between the hours of 6:00 A.M. and 8:00 P.M., Standard Time. It shall be held for all political parties in the same places as hereinbefore provided for the ensuing general election. amended 1946, c.11, ss.14,17; (1946, c.11, ss.14,17; repealed 1948, c.2, s.32); 1948, c.2, s.26; 1965, c.4, s.11; 1966, c.19, s.6; 1967, c.7, s.5; 1967, c.26, s.5; 1968, c.292, s.5; 2001, c.245, s.4; 2005, c.136, s.27; 2007, c.61, s.11; 2011, c.134, s.25.

N.J. Stat. § 19:23-41 Officers in charge

All of the members of the district board shall conduct the primary election for all political parties holding primary elections under this title.

N.J. Stat. § 19:23-42 Method of conducting primary elections.

19:23-42. The primary election for the general election shall be conducted by the district boards substantially in the same manner as the general election, except as herein otherwise provided. Each district board may allow one member thereof at a time to be absent from the polling place or room for a period not exceeding one hour between the hours of one o'clock and five o'clock in the afternoon or for such shorter time as it shall see fit; but at no time from the opening of the polls to the completion of the canvass shall there be less than a majority of the board present in the polling room or place. amended 2005, c.136, s.28; 2011, c.134, s.26.

N.J. Stat. § 19:23-45 Requirements for voting in primary elections; affiliation.

19:23-45. No voter shall be allowed to vote at the primary election unless his name appears in the signature copy register. A voter who votes in a primary election of a political party or who signs and files with the municipal clerk or the county commissioner of registration a declaration that the voter desires to vote in the primary election of a political party, or who indicates on a voter registration form the voter's choice of political party affiliation and submits the form to the commissioner of registration of the county wherein the voter resides, to the employees or agents of a public agency, as defined in subsection a. of section 15 of P.L.1974, c.30 (C.19:31-6.3), or a voter registration agency, as defined in subsection a. of section 26 of P.L.1994, c.182 (C.19:31-6.11), or to the Secretary of State, either on a paper form or an electronic form using the online voter registration system established under section 1 of P.L.2019, c.382 (C.19:31-6.4c), shall be deemed to be a member of that party until the voter signs and files with the municipal clerk or the commissioner of registration a declaration that the voter desires to vote in the primary election of another political party at which time the voter shall be deemed to be a member of such other political party. The Secretary of State shall cause to be prepared political party affiliation declaration forms and shall provide such forms to the commissioners of registration of the several counties and to the clerks of the municipalities within such counties. No voter, except a newly registered voter at the first primary at which the voter is eligible to vote, or a voter who has not previously voted in a primary election, may vote in a primary election of a political party unless the voter was deemed to be a member of that party on the 55th day next preceding such primary election. Notwithstanding the provisions of this section, or any law, rule, or regulation to the contrary, a voter who is listed to receive mail-in ballots for all future elections, pursuant to the provisions of section 3 of P.L.2009, c.79 (C.19:63-3) or section 14 of P.L.2018, c.72 (C.19:63-3.1), and who is not affiliated with any political party, shall not receive a mail-in ballot for a primary election. Such unaffiliated mail-in voters shall receive a political party affiliation declaration form and information concerning how to affiliate with a political party, how to vote by mail in the primary election, and how to vote in person at a polling place on the day of a primary election. Any unaffiliated voter, who is not affiliated with any political party, may vote using a mail-in ballot in a primary election if the voter submits a political party affiliation declaration form to the municipal clerk or the county commissioner of registration and has requested or requests a mail-in ballot prior to the deadline in which a voter may apply to the county clerk for a mail-in ballot by mail pursuant to subsection b. of section 3 of P.L.2009, c.70 (C.19:63-3), or in person pursuant to subsection d. of section 3 of P.L.2009, c.79 (C.19:63-3). The Secretary of State shall cause to be prepared uniform language for such notifications. The commissioners of registration and the county clerks of the several counties and the clerks of the municipalities within such counties shall distribute such forms and information to such registered voters. A member of the county committee of a political party and a public official or public employee holding any office or public employment to which the person has been elected or appointed as a member of a political party shall be deemed a member of such political party. A voter may declare the voter's party affiliation or change the voter's party affiliation, or declare that the voter is unaffiliated with any party regardless of any previously declared party affiliation, by so indicating on a political party declaration form filed with the municipal clerk or the county commissioner of registration. A voter may also indicate that the voter wishes to declare a political party affiliation or that the voter does not want to declare a political party affiliation on a voter registration form filed at the time of initial registration. A voter may declare the voter's party affiliation, or make changes to that affiliation, either on a paper form or an electronic form using the online voter registration system established under section 1 of P.L.2019, c.382 (C.19:31-6.4c). Any person voting in the primary ballot box of any political party in any primary election in contravention of the election law shall be guilty of a disorderly persons offense, and any person who aids or assists any such person in such violation by means of public proclamation or order, or by means of any public or private direction or suggestions, or by means of any help or assistance or cooperation, shall likewise be guilty of a disorderly persons offense. amended 1939, c.354, s.2; 1952, c.158; 1975, c.260, ss.1,2; 1976, c.16, s.1; 1977, c.97, s.1; 2005, c.136, s.29; 2005, c.153, s.1, 2005, c.154, s.6; 2011, c.37, s.12; 2011, c.134, s.27; 2022, c.67, s.5; 2022, c.69, s.1; 2023, c.281, s.1.

N.J. Stat. § 19:23-45.1 Notice of requirements for voting in primary elections, publication.

2. a. The county commissioner of registration in each of the several counties shall cause a notice to be published in each municipality of their respective counties in a newspaper or newspapers circulating therein. The notice to be so published shall be published once during each of the two calendar weeks next preceding the week in which the 55th day next preceding the primary election of a political party occurs. b. (1) The notice required to be published by the preceding paragraph shall inform the reader thereof that: (a) no voter, except a newly registered voter at the first primary at which the voter is eligible to vote, or a voter who has not previously voted in a primary election may vote in a primary election of a political party unless the voter was deemed to be a member of that party on the 55th day next preceding such primary election; (b) a voter who is listed to receive mail-in ballots for all future elections, pursuant to the provisions of section 3 of P.L.2009, c.79 (C.19:63-3) or section 14 of P.L.2018, c.72 (C.19:63-3.1), and who is not affiliated with any political party shall not receive a mail-in ballot for a primary election. Such unaffiliated mail-in voters shall receive a political party affiliation declaration form and information concerning how to affiliate with a political party, how to vote by mail in the primary election, and how to vote in person at a polling place on the day of a primary election. Any unaffiliated voter, who is not affiliated with any political party, may vote using a mail-in ballot in a primary election if the voter submits a political party affiliation declaration form to the municipal clerk or the county commissioner of registration and has requested or requests a mail-in ballot prior to the deadline in which a voter may apply to the county clerk for a mail-in ballot by mail pursuant to subsection b. of section 3 of P.L.2009, c.79 (C.19:63-3), or in person pursuant to subsection d. of section 3 of P.L.2009, c.79 (C.19:63-3); and (c) a voter who votes in the primary election of a political party, or who signs and files with the municipal clerk or the county commissioner of registration a declaration that the voter desires to vote in the primary election of a political party, or who indicates on a voter registration form the voter's choice of political party affiliation and submits the form to the commissioner of registration of the county wherein the voter resides, to the employees or agents of a public agency, as defined in subsection a. of section 15 of P.L.1974, c.30 (C.19:31-6.3), or a voter registration agency, as defined in subsection a. of section 26 of P.L.1994, c.182 (C.19:31-6.11) or to the Secretary of State, either on a paper form or an electronic form using the online voter registration system established under section 1 of P.L.2019, c.382 (C.19:31-6.4c), shall be deemed to be a member of that party until the voter signs and files with the municipal clerk or the commissioner of registration a declaration that the voter desires to vote in the primary election of another political party, at which time the voter shall be deemed to be a member of such other political party, or that the voter chooses not to be affiliated with any political party. (2) The notice shall also state the time and location where a person may obtain political party affiliation declaration forms or voter registration forms. L.1976, c.16, s.2; amended 1977, c.97, s.2; 2005, c.136, s.30; 2005, c.153, s.2; 2011, c.37, s.13; 2011, c.134, s.28; 2022, c.67, s.6; 2022, c.69, s.2; 2023, c.281, s.2.

N.J. Stat. § 19:23-45.2 Cost of publication; payment by counties

The cost of the publishing of the notices required to be published by this act by the county commissioners of registration shall be paid by the respective counties. L.1976, c. 16, s. 3, eff. April 8, 1976.

N.J. Stat. § 19:23-45.3 Rules and regulations

The Secretary of State shall promulgate such rules and regulations as he deems necessary to implement this act, including the procedures to be followed in the filing, reporting and authentication of declarations of political party affiliation pursuant to R.S. 19:23-45. L.1976, c. 16, s. 4, eff. April 8, 1976.

N.J. Stat. § 19:23-46 Determination of right to vote.

19:23-46. Each voter offering to vote shall announce his name and the party primary in which he wishes to vote. The district board shall thereupon ascertain by reference to the signature copy register or the primary election registry book required by this title and, in municipalities not having permanent registration, if necessary by reference to the primary party poll books of the preceding primary election for the general election, that such voter is registered as required by this title and also that he is not ineligible or otherwise disqualified by the provisions of section 19:23-45 of this title; in which event he shall be allowed to vote. amended 2005, c.136, s.31; 2011, c.134, s.29.

N.J. Stat. § 19:23-47 Preparation and casting of ballots

Such voter shall thereupon prepare and cast his ballot in substantially the same manner as is herein provided for the preparation and casting of ballots at the general election and subject to the same regulations. The blank space or spaces under each title of office or party position shall be used for the writing in or pasting of names in the same manner as is provided for voting in the personal choice column of the general election ballot.

N.J. Stat. § 19:23-48 Challenges; procedure

If a voter who desires to vote in the same political party box in which he voted at the next preceding primary election is challenged, he shall take an oath or affirmation, to be administered by a member of the district board in the following form: "You do solemnly swear (or affirm) that you are a member of the political party (specifying the political party in which ballot box the affiant voted at the next preceding primary election); that at the last election for members of the general assembly at which you voted you voted for a majority of the candidates of said party nominated for national, state and county offices, and that you intend to support the candidates of said party at the ensuing election, and that you are not ineligible or otherwise disqualified by law to vote in this party primary of the said political party." If the person so challenged shall refuse to take the oath or affirmation so tendered to him, he shall be deemed not qualified or entitled to vote at such primary election.

N.J. Stat. § 19:23-49 Counting of votes.

19:23-49. At the close of the primary election for the general election each district board shall immediately proceed to count the votes cast at the election and ascertain the results thereof for the candidates of each political party holding such elections, proceeding in the manner indicated by the statement hereinafter provided for, and as nearly as may be in the manner herein required for the counting by the district board of votes cast at the general election. amended 2005, c.136, s.32; 2011, c.134, s.30.

N.J. Stat. § 19:23-50 Statements of result; contents

The district boards shall at the conclusion of the canvass make up and sign three statements of the result of such election. The statements shall in words at length show the total number of names of persons entitled to vote, the whole number of ballots cast for each political party as indicated by the party names at the head of the respective party tickets, the whole number of ballots rejected for each political party, and the number of votes received by each person as a candidate for nomination for office or position. Amended by L.1945, c. 76, p. 408, s. 4.

N.J. Stat. § 19:23-51 Form of statement

Such statement shall be substantially in the following form: Statement of the result of a primary election held in the ward election district of the of (municipality) in the county of and state of New Jersey, on the day of 19 : Total number of names of persons entitled to vote at the primary election was : The total number of ballots cast was . The total number of ballots rejected was . (Fill in the name of the political party in each instance and the number of ballots cast or rejected in words at length and in figures.) For candidates of the party for the office or position received votes. (Fill in the name of each candidate and number of votes received by such candidate in words at length and in figures.)

N.J. Stat. § 19:23-52 Certification of statement

To such statement shall be added a certificate in the following form: We certify the foregoing to be a true and correct statement of the result of the primary election held in such district at the time above stated and that it correctly exhibits the total number of names of persons entitled to vote, the entire number of votes cast for each political party at such election, the total number of ballots rejected belonging to each party respectively; also the number of votes received by any person who is a candidate of any party for any office or position named on any ballot or ballots cast at such election. In witness whereof, we have hereunto set our hands this ........................... day of ....................... one thousand nine hundred and ...................... . .................................................) District Board ..................................................) of Registry ..................................................) and Election." ..................................................)

N.J. Stat. § 19:23-53 Statements transmitted to clerks and superintendent of elections; access to office of municipal clerk.

19:23-53. The district board shall immediately deliver or transmit this statement to the clerks of the county and municipality within which such primary election was held. In counties having a superintendent of elections one of such statements shall forthwith be filed with the superintendent of elections of the county. The superintendent may arrange to accept such certificates in each municipality within the county at the office of the clerk of such municipality or some other convenient place. Any municipal clerk who shall refuse to permit such superintendent or his deputies or assistants access to his office for the purpose of collecting such certificates or any municipal clerk or other person who shall interfere or obstruct the superintendent, his deputies or assistants in the collection of such certificates, or any member of a district board who shall willfully fail or refuse to deliver such statement to the superintendent, his deputies or assistants as the case may be, shall be guilty of a crime of the fourth degree. Amended 1945, c.76, s.5; 1947, c.168, s.14; 2005, c.154, s.7.

N.J. Stat. § 19:23-54 Canvass of votes by municipal clerks; certificates of election to county board.

19:23-54. The municipal clerk shall canvass the statements of the district board, not later than the third day after they are received, as far as they relate to the election of members of the county committee of any political party, and, after counting information on write-in votes, vote by mail ballots, and provisional ballots received from the county clerk or board of elections, as appropriate, shall issue a certificate of election to each person shown by the returns to have been so elected. No person whose name was printed on a primary ballot as a candidate for the county committee shall receive a certificate of election as a member of any other county committee. When a person whose name was not printed on a primary ballot as a candidate for member of the county committee has been elected as a member of the county committee of more than one political party, the person shall file with the municipal clerk within three days a statement certifying to which political party the person belongs, and a certificate of election shall be issued to such person as a member of the county committee of the political party so certified. Any person elected as a member of the county committee of any political party whose name was not printed upon the primary ballot and to whom a certificate of election has been issued, shall before the organization of the county committee file with the secretary thereof a written statement certifying that the person is a member of such political party. The county clerk shall within thirteen days after the primary election certify to the county board two copies of the names and post-office addresses of the persons elected as members of the county committee of the several political parties, together with the ward, district or unit which they respectively represent. Amended 2020, c.71, s.4; 2021, c.108, s.3.

N.J. Stat. § 19:23-55 Canvass of votes by county clerks; statement

The county clerks shall within 10 days canvass such statements relating to all officers and positions to be voted for by the voters of the entire State, county, county election district, congressional district, municipality or ward, and determine what persons have by the highest number of votes been so elected or nominated by the political parties. In the case of United States Senator, Governor and member of the House of Representatives the county clerk shall immediately transmit to the Secretary of State a statement showing the total number of votes cast for such officers in the county. The Secretary of State shall furnish the necessary form. In the case of members of the county committee the county clerk within 9 days after the primary shall mail to the chairman of the State committee and to the chairman of the county committee of the respective parties a list of the names of those elected to the county committee, giving the municipalities, ward and district each represents, together with their post-office addresses. Amended by L.1975, c. 43, s. 5, eff. April 3, 1975.

N.J. Stat. § 19:23-56 Certificates of election of members of state committee

The county clerk shall issue a certificate to the male or males receiving the highest number of votes among the male candidates for the number of positions to be filled by male members of the State committee and to the female or females receiving the highest number of votes among the female candidates for the number of positions to be filled by female members of the State committee of any political party at the primary as shown by the returns in the county clerk's office. A divided position shall be filled by the one male and the one female candidate receiving the highest number of votes among the male and female candidates for such position. The county clerk shall issue a certificate of election to said male and said female candidates. Amended by L.1978, c. 15, s. 4, eff. March 30, 1978.

N.J. Stat. § 19:23-57 Canvass of votes by secretary of state; certificates of election issued

The secretary of state shall forthwith canvass such statements of the county clerks and determine by the highest number of votes what persons have been so nominated by the voters of the political parties of the state or portion thereof involving more than a single county or congressional district, and shall issue a certificate of election to each person shown by such canvass and statement to have been nominated.

N.J. Stat. § 19:23-58 Provisions of title applicable.

19:23-58. Any provisions of this title which pertain particularly to any election or to the general election shall apply to the primary election for the general election insofar as they are not inconsistent with the special provisions of this title pertaining to the primary election for the general election. amended 2005, c.136, s.33; 2011, c.134, s.31.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026