New Jersey Law Seeks to Allow Election Re-Counts in Close Races

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1 min read
April 8, 2024

TRENTON, NJ – A bill introduced in the New Jersey Legislature mandates automatic recounts for county or municipal elections with a vote difference of 10 or fewer votes, upon a candidate’s request. Additionally, the bill empowers the Chief Justice of the New Jersey Supreme Court to establish geographic regions for Superior Court judges to oversee election recounts and contests, introducing timelines for the initial hearing and adjudication of such cases.

Currently, candidates for office or groups of ten voters can request election recounts. Elections for public offices, party positions, or public propositions can be contested based on specified grounds, with Superior Court judges or designated Supreme Court judges handling these cases.

The proposed legislation requires a candidate to request an automatic recount within 24 hours following the certification of election results if the vote differential is 10 votes or less. This recount must occur within three days post-certification, with the state covering associated costs.

The Chief Justice would annually assign at least three Superior Court judges per designated region to manage election recounts and contests, with regions defined based on criteria such as population and voter turnout. This allocation aims to ensure efficient case handling while allowing for judicial discretion.

Judges will individually hear and decide recount or contest matters, with the assignment of cases not limited to judges from the county where the election occurred but based on the availability of a judge in the relevant region. All related legal proceedings are to be expedited to prevent delays in the assumption of office by elected candidates.

Introduced on April 4, the bill, numbered Assembly No. 4100, is sponsored by Assemblyman AL Barlas, representing District 40, which includes Bergen, Essex, and Passaic counties.

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