19:23-17. Designation on primary ticket of policy or faction.

651 words·~3 min read·/nj/title-19/chapter-23/19-23-17

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

a. Any person endorsed as a candidate for nomination for any public office or party position whose name is to be voted for on the primary ballot of any political party may, on the petition of nomination in which the candidate is endorsed, request that there be printed next to or below the candidate's name on the primary ballot a slogan or endorsement, in not more than six words, as named by the candidate in such petition, for the purpose of indicating either any official act or policy to which the candidate is pledged or committed, to distinguish the candidate as belonging to a particular faction or wing of the candidate's political party, or to indicate the endorsement of a person or incorporated association.

(1)No slogan or endorsement shall include or refer to the name of any person or any incorporated association existing at the time the candidate files the petition of nomination unless the written consent of such person or incorporated association has been filed with the petition of nomination of such candidate or candidates. If a person or incorporated association wishes to revoke their consent as provided pursuant to this paragraph, the person or incorporated association shall notify the Secretary of State, county clerk, or municipal clerk, as the case may be, in writing and the Secretary of State or the clerk shall accept such revocation, provided that notice of such is received prior to the date on which the draw for ballot position is conducted pursuant to R.S.19:23-24.

(2)No slogan or endorsement shall include or refer to any lawfully registered trademark of any person or incorporated association unless the written consent of such person or incorporated association has been filed with the petition of nomination of such candidate or candidates. If a person or incorporated association wishes to revoke their consent as provided pursuant to this paragraph, the person or incorporated association shall notify the Secretary of State, county clerk, or municipal clerk, as the case may be, in writing and the Secretary of State or the clerk shall accept such revocation, provided that notice of such is received prior to the date on which the draw for ballot position is conducted pursuant to R.S.19:23-24.

c. The Secretary of State, county clerk, or municipal clerk, as the case may be, may reject a slogan or endorsement which is so substantially similar to that of another candidate that a reasonable voter could be misled or deceived into falsely believing that the candidates are running together under the same slogan or endorsement when the candidates have not requested to share such a slogan or endorsement. The Secretary of State, county clerk, or municipal clerk, as the case may be, shall notify the candidate or candidates requesting such slogan or endorsement in writing of the reasons for the rejection, and the candidate or candidates shall be given the opportunity to select an alternative slogan or endorsement.

If the candidate or candidates who have been denied their first choice of slogan or endorsement pursuant to this section disagree with the decision of the Secretary of State, county clerk, or municipal clerk, as the case may be, the candidate or candidates shall have the right to appeal this decision to a judge of the Superior Court assigned to the county in which the petition of nomination was filed, and such appeal shall be heard on an expedited basis.

d. No slogan or endorsement shall include or refer to the name of any candidate appearing on the ballot in the same primary election for a different office.

e. Nothing in this section shall be construed to prohibit the use of a single word referring to the membership or affiliation of a person with a political party, as defined under R.S.19:1-1, such as "Democrat" or "Republican", in a candidate's slogan.

Amended by L.1944, c. 231, p. 787, s. 1; 2025, c.32, s.3.