New Jersey Statutes

N.J. Stat. § 19:1-1 (2026)

As used in this Title

✓ current as of May 2026

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19:1-1. As used in this Title:

"Election" means the procedure whereby the electors of this State or any political subdivision thereof elect persons to fill public office or pass on public questions.

"Fire district election" means an election to be held in and for a fire district established pursuant to N.J.S.40A:14-70 et seq.

"General election" means the annual election to be held on the first Tuesday after the first Monday in November and, where applicable, includes annual school elections and annual fire district elections held on that date.

"Primary election for the general election" means the procedure whereby the members of a political party in this State or any political subdivision thereof nominate candidates to be voted for at general elections or elect persons to fill party offices, other than for a member of the State committee of a political party.

"Municipal election" means an election to be held in and for a single municipality only, at regular intervals.

"Special election" means an election which is not provided for by law to be held at stated intervals.

"Any election" includes all primary, general, municipal, school, and special elections, as defined herein.

"Municipality" includes any city, town, borough, village, or township.

"School election" means any annual or special election to be held in and for a local or regional school district established pursuant to chapter 8 or chapter 13 of Title 18A of the New Jersey Statutes.

"Public office" includes any office in the government of this State or any of its political subdivisions filled at elections by the electors of the State or political subdivision.

"Public question" includes any question, proposition, or referendum required by the legislative or governing body of this State or any of its political subdivisions to be submitted by referendum procedure to the voters of the State or political subdivision for decision at elections.

"Political party" means a party which, at the election held for all of the members of the General Assembly next preceding the holding of any primary election held pursuant to this Title, polled for members of the General Assembly at least 10% of the total vote cast in this State.

"Party office" means the office of delegate or alternate to the national convention of a political party or member of the State, county, or municipal committees of a political party.

"Masculine" includes the feminine and the masculine pronoun wherever used in this Title shall be construed to include the feminine.

"Presidential year" means the year in which electors of President and Vice-President of the United States are voted for at the general election.

"Election district" means the territory within which or for which there is a polling place or room for all voters in the territory to cast their ballots at any election.

"District board" means the district board of registry and election in an election district.

"County board" means the county board of elections in a county.

"Superintendent" means the superintendent of elections in counties wherein the same shall have been appointed.

"Commissioner" means the commissioner of registration in counties.

"File" or "filed" means deposited in the regularly maintained office of the public official wherever said regularly maintained office is designated by statute, ordinance or resolution.

Notes of Decisions

Cited in 15 cases (6 in the last 5 years), 1997–2025 · leading case: Democratic-Repub. Org. v. Guadagno, 900 F. Supp. 2d 447 (D.N.J. 2012).

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Democratic-Repub. Org. v. Guadagno, 900 F. Supp. 2d 447 (D.N.J. 2012). · cites it 6× “” As a result, Plaintiffs filed a Verified Complaint in this Court on September 11, 2012, seeking a preliminary injunction that declares unconstitutional New Jersey state statutes N.J.S.A. 19:1-1, N.J.S.A. 19:5-1, N.J.S.A.”

Council of Alt. Political Parties v. Hooks, 121 F.3d 876 (3rd Cir. 1997). · cites it 2× “See N.J. Stat. Ann. § 19:1-1 . Only “parties” are entitled to hold primary elections, see id.”

Mark Balsam v. Sec'y of the State of NJ, 607 F. App'x 177 (3rd Cir. 2015). “See N.J. Stat. Ann. §§ 19:1-1 *179 to 19:63-28.”

CAPP v. State, Div. of Elections, 781 A.2d 1041 (N.J. Super. Ct. App. Div. 2001). · cites it 2× “N.J.S.A. § 19:1-1. 6. The Democratic and Republican Parties are the only "political parties" that have met the current statutory definition since its enactment in 1920.”

Afran v. Gov of NJ, 115 F. App'x 539 (3rd Cir. 2004). “” N.J. Stat. Ann. § 19:1-1 . 5 . Should a vacancy occur within the sixty days preceding a general election, a new governor will be elected at the "second succeeding” general election.”

Council of Alt. Political Parties v. Hooks, 179 F.3d 64 (3rd Cir. 1999). · cites it 2× “§ 19:2-1; see also N.J.S.A. § 19:1-1 (defining “primary election” as “the procedure whereby the members of a political party .”

Bd. of Educ. of East Newark, Etc. Vs. Kevin D. Harris (l-1134-21, Hudson Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021). · cites it 3× “" See N.J.S.A. 19:1-1. A "'general election' means the annual election to be held on the first Tuesday after the first Monday in November and, where applicable, includes annual school elections and annual fire district elections held on that date.”

Wilmoth v. Guadagno (D.N.J. 2021). · cites it 2× “13:9-13); N.J. Stat. Ann. § 19:1-1 . A candidate who wishes to appear on the ballot in a primary election must be nominated by members of his or her political party through a petition.”

In the Matter of December 9, 2014 Special Sch. Election, 109 A.3d 670 (N.J. Super. Ct. App. Div. 2015). · cites it 3× “" N.J.S.A. 19:1-1 (emphasis added). A "special election" is further defined as "an election which is not provided for by law to be held at stated intervals.”

Diana C. Ortiz Vs. Twp. of North Bergen (l-4872-18, Hudson Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “" N.J.S.A. 19:1-1 (emphasis added). Because we give words "their ordinary meaning and significance, recognizing that generally the statutory language is the best indicator of [the Legislature's] intent," Tumpson, 218 N.”

In the Matter of Lakewood Twp. Fire Dist. 1 (local Fin. Bd., Dep't of Cmty. Affairs) (new Jersey Dep't of Cmty. Affairs) (N.J. Super. Ct. App. Div. 2019). “" N.J.S.A. 19:1-1. The December 5, 2017 vote during the special meeting was not an election.”

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