N.J. Admin. Code § Executive Order No. 216 (2021)
Governor Philip D. Murphy
Executive Order No. 216 (2021)
An Order on Petition Requirements for Upcoming Elections, Including the June Primary Election
Issued: January 25, 2021.
Effective: January 25, 2021.
WHEREAS, in light of the dangers posed by Coronavirus disease 2019 ("COVID-19"), I issued Executive Order No. 103 on March 9, 2020, the facts and circumstances of which are adopted by reference herein, which declared both a Public Health Emergency and State of Emergency; and
WHEREAS, through Executive Order Nos. 119, 138, 151, 162, 171, 180, 186, 191, 200, 210, and 215 issued on April 7, 2020, May 6, 2020, June 4, 2020, July 2, 2020, August 1, 2020, August 27, 2020, September 25, 2020, October 24, 2020, November 22, 2020, December 21, 2020, and January 19, 2021, respectively, the facts and circumstances of which are adopted by reference herein, I declared that the COVID-19 Public Health Emergency continued to exist and declared that all Executive Orders and Administrative Orders adopted in whole or in part in response to the COVID-19 Public Health Emergency remained in full force and effect; and
WHEREAS, in accordance with N.J.S.A. App. A:9-34 and -51, I reserve the right to utilize and employ all available resources of State government to protect against the emergency created by COVID-19; and
WHEREAS, as COVID-19 continued to spread across New Jersey and an increasing number of individuals required medical care or hospitalization, I issued a series of Executive Orders pursuant to my authority under the New Jersey Civilian Defense and Disaster Control Act, N.J.S.A. App. A:9-33 et seq. and the Emergency Health Powers Act, N.J.S.A. 26:13-1et seq., to protect the public health, safety, and welfare against the emergency created by COVID-19, including Executive Order Nos. 104-133, Nos. 135-138, Nos. 140-166, Nos. 168-173, No. 175, Nos. 177-181, No. 183, Nos. 186-187, Nos. 189-198, No. 200, Nos. 203-204, No. 207, Nos. 210-211, and Nos. 214-215 (2020), the facts and circumstances of which are all adopted by reference herein; and
WHEREAS, on March 19, 2020, I issued Executive Order No. 105, which required the electronic collection and submission of political party candidate and delegate petitions through an online form created by the Secretary of State; and
WHEREAS, On April 8, 2020, I issued Executive Order No. 120, which extended the required electronic collection and submission of petitions through an online form to Independent candidates seeking direct nomination for the general election; and
WHEREAS, on April 29, 2020, I issued Executive Order No. 132, which allowed for the submission of initiative and referendum petitions electronically in addition to submission by hand delivery and which required the collection of signatures via an online form created by the Secretary of State; and
WHEREAS, P.L. 2020, c. 55 subsequently codified the standards adopted by Executive Order Nos. 105, 120, and 132 (2020) for the collection of signatures and submission of petitions; and
WHEREAS, full participation in the electoral process, both as a voter and as a candidate, is essential to a strong democracy; and
WHEREAS, our knowledge about COVID-19 and its transmission is more advanced than it was in March of 2020, and we now know that contact with contaminated surfaces is not the primary method by which COVID-19 is spread; and
WHEREAS, social distancing and other measures critical to limiting the spread of COVID-19 can sometimes require greater time and resources to meet certain obligations under elections law than would otherwise be required; and
WHEREAS, given the fast approach of an election cycle in which hundreds of elected offices are to be filled, including all 80 seats in the New Jersey General Assembly and all 40 seats in the New Jersey Senate, it remains vital that every appropriate option, consistent with social distancing and other precautions, be available for the collection and submission of petitions and signatures; and
WHEREAS, permitting the collection of signatures and the submission of petitions both electronically and, consistent with proper health guidance, in person will facilitate the greatest involvement in the electoral process and will better allow qualified candidates to meet the nomination requirements under the law; and
WHEREAS, states generally have discretion to dictate the time, manner, and place of elections in the absence of controlling federal law; and
WHEREAS, the Constitution and statutes of the State of New Jersey, particularly the provisions of N.J.S.A. 26:13-1et seq., N.J.S.A. App. A: 9-33 et seq., N.J.S.A. 38A:3-6.1, and N.J.S.A. 38A:2-4 and all amendments and supplements thereto, confer upon the Governor of the State of New Jersey certain emergency powers, which I have invoked;
NOW, THEREFORE, I, PHILIP D. MURPHY, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:
N.J. Admin. Code Executive Order No. 216 (2021)