Electioneering refers to activities that persuade voters to support or oppose a candidate, party, or ballot question. In New Jersey, these actions are regulated to protect the integrity of the voting process. State laws are designed to ensure that every citizen can cast their ballot in an environment free from intimidation or undue influence. Understanding these regulations is important for maintaining a fair and orderly election for all participants.
What Constitutes Illegal Electioneering in New Jersey
In New Jersey, the legal framework for illegal electioneering is primarily established under Title 19 of the state’s statutes. The core of these laws is to prevent specific campaign activities in and around polling locations to ensure the voting process is unimpeded. The statutes are not meant to suppress political speech but to create a neutral zone where voters can finalize their decisions without pressure. This distinction is fundamental to understanding the line between lawful advocacy and illegal acts at polling sites.
A key objective is the prevention of voter intimidation, ensuring that no individual feels coerced or harassed when they come to vote. Statutes like N.J.S.A. 19:34-6, which prohibits interference with an election, and N.J.S.A. 19:34-7, which prohibits loitering or soliciting voters near a polling place, directly address this concern. These laws help maintain public confidence in the electoral system by guaranteeing that the act of voting is a private and independent decision.
Specific Prohibited Actions and Restricted Areas
New Jersey law establishes a protected “buffer zone” around all polling places to prevent interference with the voting process. This restricted area is defined under N.J.S.A. 19:34-15 as the area within 100 feet of the outside entrance to the polling place or room. This 100-foot boundary also applies to any official ballot drop box being used for an election. The measurement is taken from the primary public entrance, creating a clear perimeter where specific campaign-related activities are forbidden while the polls are open.
Within this 100-foot zone, a range of specific actions is prohibited for all individuals, including campaign workers, volunteers, and the general public. These rules are enforced by the election officials working at the polling site. Prohibited activities include:
- Distributing any campaign materials such as flyers, pamphlets, buttons, or stickers.
- Displaying campaign signs, posters, or banners.
- Audibly soliciting votes, attempting to persuade voters, or engaging in political discussions intended to influence those entering the polling location.
- Wearing clothing, masks, buttons, or any other insignia that explicitly advocates for or against a candidate, political party, or public question on the ballot.
- Using loudspeakers or other sound amplification devices for campaign purposes.
Consequences of Illegal Electioneering in New Jersey
Violating New Jersey’s electioneering laws carries direct legal consequences. Engaging in prohibited activities within the 100-foot protected zone is classified as a disorderly persons offense.1Justia Law. New Jersey Revised Statutes Section 19:34-15 – Electioneering Within or About Polling Place This is a specific legal designation for a lower-level offense in New Jersey, but it still results in a criminal record upon conviction. The individual who commits the act is the one held legally responsible.
The penalties for a disorderly persons offense include a fine of up to $1,000.2Justia Law. New Jersey Revised Statutes Section 2C:43-3 – Fines and Restitutions In addition to the fine, a judge may impose a sentence of up to six months in the county jail.3Justia Law. New Jersey Revised Statutes Section 2C:43-8 – Sentence of Imprisonment for Disorderly Persons Offenses While jail time is not mandatory for a first offense and depends on the circumstances, it remains a possible outcome.
Acts such as actively obstructing the entrance to a polling place or interfering with a voter are classified as a crime of the third degree.4FindLaw. New Jersey Statutes Title 19. Elections 19 § 34-6 A third-degree crime is more serious and can result in a potential prison sentence of three to five years and a fine of up to $15,000.
How to Report Illegal Electioneering in New Jersey
If you witness what you believe to be illegal electioneering, the most immediate course of action is to report it to the officials at the polling location. The poll workers, sometimes known as the district board, have the authority to address issues within the 100-foot restricted zone. Informing them of the specific activity and location is the first and most effective step to seek a quick resolution on-site.
For issues that are not immediately resolved or appear to be more widespread, the next step is to contact county-level election authorities. This would be the County Board of Elections or the County Superintendent of Elections for the county where the incident occurred. When making a report, it is helpful to provide specific details, including the polling place address, the time of the incident, and a description of the individuals involved.
In cases of serious concern, or if local officials are unresponsive, you can escalate the report to the state and federal levels. The New Jersey Division of Elections operates a statewide voter hotline at 1-877-NJ-VOTER (1-877-658-6837). For potential criminal violations, such as voter intimidation, the New Jersey Attorney General’s Office and the U.S. Attorney’s Office for the District of New Jersey also field complaints.