Laws governing recall in New Jersey

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The citizens of New Jersey are granted the authority to perform a recall election by Section 2(b) of Article I of the New Jersey Constitution, which was enacted in 1993.

The recall amendment applies to all elective officers after the first year of the term for which the incumbent was elected.

The New Jersey Recall Amendment specifically authorizes the recall of members of New Jersey's U.S. Congressional delegation.

Article 1, Section 2b

See also: Section 2(b) of Article I of the New Jersey Constitution

The section of the New Jersey Constitution that authorizes recall says:

"The people reserve unto themselves the power to recall, after at least one year of service, any elected official in this State or representing this State in the United States Congress. The Legislature shall enact laws to provide for such recall elections. Any such laws shall include a provision that a recall election shall be held upon petition of at least 25% of the registered voters in the electoral district of the official sought to be recalled. If legislation to implement this constitutional amendment is not enacted within one year of the adoption of the amendment, the Secretary of State shall, by regulation, implement the constitutional amendment, except that regulations adopted by the Secretary of State shall be superseded by any subsequent legislation consistent with this constitutional amendment governing recall elections. The sufficiency of any statement of reasons or grounds procedurally required shall be a political rather than a judicial question."

Recall procedures

Can you recall a federal official?

The U.S. Constitution does not provide for recall of any elected federal official. Although some state constitutions have stated that their citizens have the right to recall members of the U.S. Congress, the U.S. Supreme Court has not ruled on whether this is constitutional at the federal level. Read Ballotpedia's explanation »

Notice of intention

A recall committee of at least three registered voters is needed to initiate recall proceedings. This process may not begin until 50 days before the completion of the incumbent's first year of the current term in office. The recall committee must notify the appropriate election official of the names and addresses of at least three members of the recall committee. The election official accepting the petition will then review the notice of intention for compliance with statutory provisions, calculate the cost of a special election, and notify committee members of the acceptance or rejection of the notice, within three business days. The election official also notifies the incumbent of the notice of intention of recall within five business and publishes a notice of the recall effort.

Signature requirement

Upon approval of the petition, the recall committee and other registered voters in the jurisdiction of the recall election will solicit the signatures of other registered voters in that jurisdiction. The recall effort is limited to 320 days for a Governor or 160 days for other elected officials from the date of the notice of intention. The petition requires the signatures of 25% of the registered voters in the jurisdiction, as of the last general election.

Petition review

The election official reviewing the petition will then certify the number of signatures and determine validity within 10 days. If the petition is accepted, the election official will schedule the recall election.

Contact information

New Jersey Division of Elections
44 South Clinton Avenue, 7th Floor
P.O. Box 304
Trenton, NJ 08625-0304
Phone: 609.292.3760

See also

• Laws governing recall
• States that have pre-petition signature requirements for recalls
• States that require grounds for recalls

External links

• National Conference of State Legislatures, Statewide Recall
• The New Jersey Recall Election Process