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Department of State

New Jersey Division of Elections

The Hon. Tahesha Way, Secretary of State

Challenging a Candidate's Petition

 

Page Last Updated: 01/28/21

 

Primary Election

Who Can File a Challenge?
Any individual may file a challenge.
When Can Someone File a Challenge?
Petitions may be reviewed, beginning April 6, 2021 at 9 a.m.
Objections must be made in writing no later than April 9, 2021 at 5 p.m.
Where to File the Challenge?
Objections may be emailed to Dawn Schilling (Dawn.Schilling@sos.nj.gov).
Procedure for Filing a Challenge?
Objections must be based on the statutory requirements in N.J.S.A. Title 19 for petitions.
Objections must specify in detail each individual defect.
Objectors should retain a copy of their challenges.
Objectors must provide the Division with the names, address and contact number of any legal representative, or if not represented, their contact number. The contact number must be a phone where the individual can be reached during and after regular business hours.
After Filing the Challenge – What to Expect?
In all challenges, the objector has the burden of proving that a petition is invalid.
The Division of Elections will provide all parties with a copy of the Challenge.
The Division of Elections will provide the Office of Administrative Law (OAL) with the original petition and the challenge.
The OAL will conduct a hearing on the objection.
Hearings for all Primary Election Challenges will begin on April 12, 2021.
You will be informed of the specific time and location.
After the Hearing – What to Expect?
At the conclusion of the hearing, an Initial Decision from OAL will be prepared and provided to the Secretary of State (SOS).
The SOS will then Adopt, Modify or Reject the Initial Decision and prepare a Final Decision.
A copy of the Final Decision will be emailed or faxed to all parties.
The Final Decision is reviewable by the Superior Court of New Jersey, Appellate Division.

 

General Election

Who Can File a Challenge?
Any individual may file a challenge.
When Can Someone File a Challenge?
Petitions may be reviewed, beginning June 9, 2021 at 9 a.m.
Objections must be made in writing no later than June 14, 2021 at 5 p.m.
Where to File the Challenge?
Objections may be emailed to Dawn Schilling (Dawn.Schilling@sos.nj.gov).
Procedure for Filing a Challenge?
Objections must be based on the statutory requirements in N.J.S.A. Title 19 for petitions.
Objections must specify in detail each individual defect.
Objectors should retain a copy of their challenges.
Objectors must provide the Division with the names, address and contact number of any legal representative, or if not represented, their contact number. The contact number must be a phone where the individual can be reached during and after regular business hours.
After Filing the Challenge – What to Expect?
In all challenges, the objector has the burden of proving that a petition is invalid.
The Division of Elections will provide all parties with a copy of the Challenge.
The Division of Elections will provide the Office of Administrative Law (OAL) with the original petition and the challenge.
The OAL will conduct a hearing on the objection.
Hearings for all General Election Challenges will begin on June 15, 2021.
You will be informed of the specific time and location.
After the Hearing – What to Expect?
At the conclusion of the hearing, an Initial Decision from OAL will be prepared and provided to the Secretary of State (SOS).
The SOS will then Adopt, Modify or Reject the Initial Decision and prepare a Final Decision.
A copy of the Final Decision will be emailed or faxed to all parties.
The Final Decision is reviewable by the Superior Court of New Jersey, Appellate Division.

 

 

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