ASSEMBLY APPROVES GIBLIN/PAYNE MEASURE TO MOVE DIVISION OF ELECTIONS TO DEPARTMENT OF STATE

ASSEMBLY APPROVES GIBLIN/PAYNE MEASURE TO MOVE DIVISION OF ELECTIONS TO DEPARTMENT OF STATE

(TRENTON) – Legislation Assemblymen Thomas P. Giblin and William D. Payne sponsored to transfer the state Division of Elections from the Department of Law and Public Safety to the Department of State was today approved by the Assembly.

“This is a common sense move that is long overdue,” said Giblin (D-Essex). “It will allow us to reestablish a separation of powers that should exist among administrators of elections and people responsible for oversight of elections.”

The Giblin/Payne legislation (A-2929) would reverse the 1998 Division of Elections transfer under Governor Christie Whitman, who moved the agency from the Department of State to the Department of Law and Public Safety.  The bill would put the division back in the Department of State, and have the Secretary of State replace the Attorney General as New Jersey’s designated chief election official.

The bill also would provide that all responsibility for the budget, fiscal, and personal matters of the Division of Elections be transferred to the Department of State. Election law enforcement would still fall under the purview of the Attorney General after the transfer.

Supporters of this legislation argue that the transfer of these functions will allow the Attorney General to better devote the resources of the Department to its core function of law enforcement. The measure would also remove the perceived conflict of having one agency administer elections while being charged with enforcing election law and investigating possible violations.

The responsibilities of the Division of Elections include certification of voting machines, oversight of polling place accessibility, regulatory authority for voter registration and absentee voting. Political party declarations, election district requirements, serving as the filing officer for all federal and state public elective offices are also the responsibility of the Division of Elections.

The Assembly passed the bill by a vote of 47 to 31 with zero abstentions. It now heads to the Governor, who may sign it, veto it, or modify it in the form of a conditional veto.

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