N.J.S.A. 19:23-23.1 — Findings, declarations.

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.

This is the verbatim text of N.J.S.A. 19:23-23.1, retrieved from the New Jersey Legislature's public statute corpus. Statutes are amended periodically — for the most current version, check the external source link above. Kyzer is not a law firm and this page is not legal advice.