Courtesy: NJ Spotlight News
Yesterday, Governor Murphy signed P.L. 2024, c. 16 into law, which makes several reforms to the Open Public Records Act, N.J.S.A. 47:1A-1 et seq. While there has been significant public discussion about some of the more controversial provisions, there has been less attention to some meaningful changes that are helpful to candidates for public office and those involved with campaigns.
First, the law makes clear that the following documents – with proper redactions – are government records and subject to production:
- Voter registration forms
- Party registration forms
- Vote-by-Mail Ballot Applications
- Forms or Reports to the Election Law Enforcement Commission
- Nominating petitions
- Recall petitions
- Public question petitions
- Submissions, responses, objections, and challenges to election submissions
Second, the law requires elections officials to provide the following documents “for immediate access and transmission via email as soon as possible, but not later than two business days after receipt of the request”:
- Nominating petitions
- Recall petitions
- Public question petitions
- Submissions, responses, objections, and challenges to election submissions
- Addenda to the above documents
Elections officials can also satisfy these requirements by posting the information on its website.
Third, the law further requires “immediate access and transmission via email as soon as possible” for the following records when requested “within 16 days after the date of the request and is not for a commercial purpose”:
- Sortable lists of registered voters and relevant information who have requested, been mailed, and/or returned a mail in ballot
- Sortable lists of registered voters and relevant information who have requested, been mailed, and/or cast votes during early voting
Elections officials can also satisfy these requirements by posting the information on its website. The law also makes clear that it should be applied to maintain voter privacy.
Our law firm regularly represents candidates in election law matters. In the past, we have experienced challenges obtaining copies of election-related documents such as petitions, with the expedited deadline to file a petition challenge inconsistent with the typical seven (7) business day period – subject to extensions – to respond to an OPRA request. This law helps remedy this and other election-related timing issues, while also confirming that certain election-related documents are subject to OPRA.
If you are facing an election law issue, the attorneys at King, Moench & Collins LLP regularly provide representation in such matters and are able to assist you. Please contact Michael L. Collins, Esq. at 732-546-3670 or mcollins@kingmoench.com to discuss your legal issues further.
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