Bill > S3079

Introduced Session

This bill requires persons who gather voter signatures on a petition to nominate a candidate for election, and the candidates named on the petitions themselves, to take an oath that they are conducting a real "bona fide" candidacy. This means that they are conducting the candidacy in good faith and do not seek to engage in a vote syphoning scheme to foil the candidacy or campaign of another candidate. The intent of this bill is to prevent the candidacy of "phantom candidates," whereby a candidate enters a race to syphon votes away from another candidate to foil that candidate's chances at winning the election. This bill makes it a third degree crime to violate the "bona fide" candidacy oath. A crime of the third degree is punishable by imprisonment for three to five years, a fine up to $15,000, or both. This penalty would be in addition to the penalties for false swearing already established under current law. The bill also provides that filing a petition in violation of the bona fide candidacy oath would be grounds for contesting the nomination or election of that candidate. This bill also re-instates the requirement for independent expenditure committees, the so-called "dark money" groups, to promptly report campaign contributions and expenditures in the 15 days before an election. Oath for Petition Circulators and Candidates Under current law, general election petition circulators, or a candidate who signs or circulates, or both signs and circulates, such a petition, must take an oath by affidavit before a duly qualified officer that the petition is made in good faith, that the affiant personally circulated the petition and saw all the signatures made and believes that the signers are duly qualified voters. Similarly, under current law, primary election petition circulators, or a candidate who signs or circulates, or both signs and circulates, such a petition, must take an oath by affidavit that the affiant personally circulated the petition; that the petition is signed by each of the signers in their proper handwriting; that the signers are to the best knowledge and belief of the affiant legal voters of the State or political subdivision, as the case may be, as stated in the petition, and 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. This bill adds to the petition circulator oath a requirement for an additional affirmation that the petition is made for a bona fide candidacy in good faith and that such candidacy does not seek to engage in a vote syphoning scheme to foil the candidacy or campaign of another candidate. Under current law, candidates nominated to the general election through direct nomination by petition, and candidates nominated through the primary election process and via write-in votes at the primary election, are required to take the oath of allegiance and submit it with their acceptance of the nomination. This bill would, in addition, require such acceptance to include the following oath of bona fide candidacy, duly taken and subscribed by the candidate before an officer authorized to take oaths in this State: "I, , do solemnly swear (or affirm) that I am conducting a bona fide candidacy in good faith and that I do not seek to engage in a vote syphoning scheme to foil the candidacy or campaign of another candidate." Oaths to be on Paper and Attached to Petitions For both the petition circulators and the candidates, the bill requires all of the required oaths by affidavit to be on paper, signed by the affiant, and attached upon the petition or acceptance being filed. The bill requires the officer or officers to whom the petitions and acceptances are addressed to examine each petition and acceptance to ascertain that all oaths and affirmation affidavits required to be made by petition circulators and candidates are submitted on paper and signed by the affiant or affiants along with the petitions and acceptances being filed. Under current law, the Secretary of State is the officer who receives such petitions and acceptances for Statewide, congressional, and State legislative candidacies, while the county and municipal clerks are the officer or officers who receive such petitions and acceptances for county and local candidacies. Under the bill, the failure to submit the required signed affidavits on paper will render as defective the corresponding petition and acceptance. Penalties for Violation of "Bona Fide" Candidacy Oath The bill creates a new provision in the election crimes statutes to specifically prohibit any candidate or any person who circulates a petition from falsely making oath to any certificate of nomination or petition, or any part of it, in violation of the requirement to conduct a bona fide candidacy in good faith as indicated in the oath or affirmation. Under the bill, a person violating any of these provisions would be guilty of a crime of the third degree. Current prohibitions against perjury or false swearing or affirming would also apply, including those provided under R.S.41:3-1 and R.S.19:34-26. Grounds for Contesting Nomination or Election The bill also provides that the filing of a petition in violation of the bona fide candidacy oath would be grounds for contesting the nomination or election of a candidate. This provision is added to the list of grounds for contesting the nomination or election of candidates. Prompt Reporting by Independent Expenditure Committees This bill re-instates the requirement for independent expenditure committees, the so-called "dark money" groups, to promptly report campaign contributions and expenditures in the days before an election. Under current law, independent expenditure committees are required to file with the Election Law Enforcement Commission (ELEC) a cumulative report on the 11th day preceding the primary election, and on the 20th day following the primary election, of all contributions received in excess of $7,500 in the form of moneys, loans, paid personal services, or other things of value made to it for the purpose of furthering the independent expenditure. They are also required to report all independent expenditures made, incurred, or authorized by it. In addition, each independent expenditure committee making an electioneering communication pertaining to a municipal, runoff, school board, special, or general election is required to file with ELEC a cumulative report on the 29th day preceding the election, a report on the 11th day preceding the election, and on the 20th day following the election, of all contributions received in excess of $7,500 in the form of moneys, loans, paid personal services, or other things of value made to it for the purpose of furthering the independent expenditure, and of all independent expenditures made, incurred, or authorized by it. The reporting period begins on the first day of the preceding calendar year and ends on the reporting date. However, independent expenditure committees are not currently required to report contributions received and expenditures made in the period between the filing of the 11th-day pre-election report and the day of the election, thereby creating a transparency loophole. Under this bill, when an independent expenditure committee receives a contribution from a single source of more than $7,500 after the final day of a cumulative reporting period and on or before a primary, municipal, runoff, school board, special, or general election which occurs after that final day but prior to the final day of the next reporting period it will be required, in writing or by electronic transmission, to report that contribution to ELEC within 72 hours of receiving it, if that contribution is received between the 15th day prior to that election and the day of the election. However, a contribution received between the seventh day prior to that election and the day of the election would be required to be reported within 24 hours of receiving it. The bill requires the committee to report the amount and date of the contribution; the name and mailing address of the contributor; and where the contributor is an individual, the individual's occupation and the name and mailing address of the individual's employer. In addition, when an independent expenditure committee makes or authorizes any independent expenditure, or incurs any obligation therefor, between the 15th day prior to the day of a primary, municipal, runoff, school board, special, or general election and the day of that election, it will be required to report, in writing or by electronic transmission, that independent expenditure to the commission within 72 hours of making, authorizing, or incurring it. However, an independent expenditure made, authorized, or incurred between the seventh day prior to the election and the day of the election would be required to be reported within 24 hours of making, authorizing, or incurring it. Furthermore, this bill requires each independent expenditure committee to file its statement of registration with ELEC immediately upon incurring any obligation in excess of $7,500, in the aggregate per election. Superior Court Jurisdiction Finally, this bill affirms that the Superior Court has the authority to adjudicate campaign finance laws. The bill provides that any candidate or committee has the authority to initiate a civil action in the Superior Court for the purpose of enforcing compliance with the campaign finance laws, or enjoining violations thereof or enforcing any penalty prescribed by law, and that the Superior Court has jurisdiction to adjudicate any such claims.

AI Summary

Committee Categories

Tony Bucco (R)*,  Vince Polistina (R)*, 

Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee (on 01/13/2026)

Official Document