All New Jersey Runoff Elections Delayed Over Voting Machine Issues

Acting Governor Sheila Oliver today signed Executive Order No. 313, addressing any municipal run-off elections that may take place as a result of the 2022 General Election.

In order to give election officials the proper time they need to undertake the tasks required to for a municipal run-off election, the EO directs the following:

1.Any run-off elections resulting from municipal elections held in the 2022 General Election and required under N.J.S.A. 40:45-19, shall be postponed and rescheduled for Tuesday, December 13, 2022.

2.If any school was used as a polling place in the 2022 General Election by a municipality needing to hold a run-off election on December 13, 2022, those schools may provide remote instruction pursuant to N.J.S.A. 18A:7F-9.

3.The notice provision of N.J.S.A. 40:45-12 is modified as follows to allow for the timely printing and mailing of the vote-by-mail ballots. The notice to the candidates or groups of candidates required by N.J.S.A. 40:45-12, shall be made by email and phone immediately following the certification of the results of the 2022 General Election resulting in the run-off election. The ballot draw must not take place within 24 hours from the date and time the notice was sent to the candidates or groups of candidates. The county clerk shall send vote-by-mail ballots by first-class mail to all voters issued General Election vote-by-mail ballots on or before November 28, 2022 in municipalities holding run-off elections.

4.To allow for the signature verification and cure process, the certification deadline set forth in N.J.S.A. 40:45-16 is hereby suspended. The municipal clerk shall certify the results of the run-off election on December 30, 2022.

5.County and municipal election officials, as appropriate, shall act to facilitate the public’s understanding of the rules governing the December 13, 2022 run-off elections.

“As we approach the Thanksgiving holiday, it is imperative that we give our elections officials – who have been working around the clock – the necessary time they need to effectively gather election day materials and ballots,” said Acting Governor Oliver.

“We want to make sure every voter’s voice is heard, whether that be from in-person voting or vote-by-mail. Postponing the run-off elections will allow election officials to receive ballots and count them all before the certification date and will allow voters to vote in the manner they choose, including by mail.”

The Administration has been made aware of at least three municipalities in three separate counties which, despite having outstanding ballots to be canvassed, have confirmed the need to hold municipal run-off elections, including the City of Trenton, the City of Perth Amboy, and the Township of Manchester.

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