Bill

Bill > S4220


NJ S4220

Prohibits New Jersey Legislature from solely altering conduct or outcome of any election; reaffirms separation of powers concerning elections.


summary

Introduced
03/03/2025
In Committee
03/03/2025
Crossed Over
Passed
Dead

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill would prohibit the New Jersey State Legislature from having the sole power to alter the conduct or outcome of any election in this State, and reaffirms the principle of the separation of powers among the legislative, executive, and judicial branches of government concerning elections. Under the New Jersey State Constitution and various provisions of Title 19 of the Revised Statutes, the conduct and outcome of any election conducted in this State involves prescribed roles for the legislative, executive, and judicial branches of government. For example, the Legislature may pass laws concerning elections to be signed by the Governor; the Division of Elections in the Department of State and local election officials have multiple roles in the proper administration of local, State, and federal elections; and courts in the judicial branch may adjudicate election-related matters, such as challenger disputes, challenges to certain election outcomes, and the constitutionality of legislative and congressional district maps. This bill prohibits the Legislature from having the sole power to prescribe the conduct or alter the outcome of any election conducted in this State. The bill further provides that all elections conducted in this State must be conducted in a manner consistent with the separation of powers among the legislative, executive, and judicial branches of government stipulated under the New Jersey Constitution. Under the bill, one branch would not be permitted to exercise any of the powers properly belonging to either of the others, except as expressly provided in the New Jersey Constitution.

AI Summary

This bill aims to reinforce the principle of separation of powers in New Jersey's election process by explicitly prohibiting the state Legislature from having sole authority to determine the conduct or outcome of any election. The legislation emphasizes that elections must be administered in a manner consistent with the state constitution, which divides governmental responsibilities among the legislative, executive, and judicial branches. Specifically, the bill prevents any single branch of government from exercising powers that exclusively belong to another branch, except as explicitly outlined in the New Jersey Constitution. This means that while the Legislature can pass election-related laws, it cannot unilaterally control or manipulate election processes or results. The bill serves to protect the checks and balances inherent in the state's governmental structure, ensuring that no single branch can dominate the electoral process. By codifying this principle, the legislation aims to preserve the integrity of elections and maintain the constitutional separation of powers that is fundamental to New Jersey's system of government.

Committee Categories

Government Affairs

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee (on 03/03/2025)

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