Prohibits New Jersey Legislature from solely altering conduct or outcome of any election; reaffirms separation of powers concerning elections.
If enacted, A4632 would significantly affect New Jersey's electoral framework by ensuring that multiple government branches are involved in the oversight and administration of elections. This change aims to maintain a system of checks and balances which is crucial for fair governance. Currently, various roles are designated to the legislative branch for law-making, the executive for execution of laws, and the judicial for adjudication of disputes, thus preserving the integrity of elections and preventing abuse of power by legislative bodies.
Assembly Bill A4632 is designed to explicitly prohibit the New Jersey Legislature from having the sole authority to alter the conduct or outcome of any election held in the state. The primary objective of this bill is to reaffirm the principles of separation of powers among the legislative, executive, and judicial branches of government as outlined in the New Jersey Constitution. By specifying that elections must be conducted in a manner that respects these principles, the bill seeks to prevent any single entity within the government from exercising unilateral control over electoral processes.
The bill is particularly relevant in light of concerns regarding the 'independent state legislature' theory, which posits that state legislatures have the exclusive right to regulate federal elections. This theory has garnered attention due to ongoing legal discussions and court cases, such as Moore v. Harper, that may potentially redefine electoral regulations. Critics of the 'independent state legislature' theory argue that it could lead to unilateral changes in election laws by legislatures without judicial review, which A4632 is designed to counteract by promoting a more collaborative and balanced approach to election management.