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Bill

A 3324

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

2024-2025 Regular Session Introduced by Verlina Reynolds-Jackson

New Jersey A-3324 bars the Legislature from sole control over election rules or outcomes, preserving multi-branch oversight (legislature, executive, judiciary) of elections.

Introduced in the Assembly, Referred to Assembly State and Local Government Committee
#elections #legislature
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Bill Summary · A 3324

Overview

Bill A 3324 would restrict the New Jersey Legislature from having the sole power to prescribe the conduct or alter the outcome of any election in New Jersey. It reinforces the separation of powers among the legislative, executive, and judicial branches in election matters and is intended to address concerns raised by "independent state legislature" theories.

  • Status: Introduced in the Assembly (January 27, 2025); Referred to Assembly State and Local Government Committee.
  • Title and scope: Adds a provision supplementing Chapter 1 of Title 19 of the Revised Statutes.
  • Immediate effect: If enacted, the act would take effect immediately.

Key Provisions

  • Section 1: The Legislature may not have the sole power to prescribe the conduct or alter the outcome of any election conducted in New Jersey. Elections must be conducted in a manner consistent with the separation of powers among the legislative, executive, and judicial branches as required by the New Jersey Constitution. No single branch may exercise powers belonging to the others, except as expressly provided in the Constitution.
  • Section 2: The act takes effect immediately.

Purpose and Context

  • Purpose: To preserve and codify the principle that no one branch may unilaterally determine election procedures or outcomes, thereby maintaining the constitutional separation of powers in election administration.
  • Context: The bill expressly references concerns about the United States Supreme Court’s independent state legislature theory (as discussed in Moore v. Harper) and seeks to ensure New Jersey’s framework remains aligned with the separation of powers regardless of national-level doctrinal developments.

Who/What Is Affected

  • State government: Legislature, Governor (Executive), and Judiciary (courts).
  • Election administration: State Division of Elections, local election officials, and any entity involved in conducting elections.
  • Voters: Ensures that election conduct and outcomes remain within a multi-branch framework rather than being controlled by a single branch.

Procedural and Timeline Details

  • Introduced: January 27, 2025.
  • Legislative actions: Referred to Assembly Codes (noted twice in the record); prior reference in 2024/January introduced in the Assembly and referred to the Assembly State and Local Government Committee.
  • Related and companion measures: Related bills include A 9749, A 3638, A 10888, A 6426, A 4735, A 5475; S 4220 is a companion bill.

Sponsors and Related Legislation

  • Primary sponsor: Doug Smith (with a broad group of cosponsors listed, including Scott H. Bendett, Nader Sayegh, Michael Novakhov, Angelo J. Morinello, and others).
  • Related bills and companion: A 9749, A 3638, A 10888, A 6426, A 4735, A 5475; S 4220 (companion).

Potential Impact

  • Legal impact: Codifies a multi-branch framework for elections, limiting unilateral action by the Legislature.
  • Practical impact: Could constrain legislative efforts to revise or intervene in election procedures or outcomes without coordination with the executive and judiciary, potentially affecting any future election-related reforms.
  • Political context: Signals a legislative intent to safeguard constitutional separation of powers in the face of evolving debates about who may regulate federal elections.

Compiled from official sources — confirm details with the bill’s official record.

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