§ 19:23-24 — Primary election ballots; position.

New Jersey § 19:23-24

• Jurisdiction: New Jersey
• Title 19: ELECTIONS

Text

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.