NJ Law Limits Cops At Polling Stations, Drawing GOP Criticism

NEW JERSEY — Democrats in New Jersey saw a voter-intimidation problem, but several Republican lawmakers say their solution worsens a school-safety problem. With primary elections underway, GOP legislators blasted a new state law that limits police at polling places.

Many schools around the state serve as polling locations. The New Jersey Department of Education encouraged districts Friday to consider virtual instruction on Election Day if they have polling sites in their schools.

In January, New Jersey passed a Democratic-sponsored law that prohibits police — including off-duty and non-uniformed officers — from standing within 100 feet of a polling place. Exceptions include an officer voting in a personal capacity, escorting someone to and/or from a polling place if they needs assistance from police, and travel to and from their home if it's 100 feet of a polling station.

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In the wake of May 24's mass shooting at an elementary school in Uvalde, Texas, several lawmakers in New Jersey say the state's voter-intimidation law puts students and the rest of the public at risk.

"This is a dangerous law that allows members of the public to have unobstructed access to our schools and government buildings," said Assemblymember John Catalano (R-10), who represents part of Ocean County. "Many towns, like Toms River, rely on using schools as polling places and tomorrow (Tuesday) all school resource officers will be removed from the building because there are some people who claim voters don’t feel ‘safe’ in the presence of a cop. Meanwhile, children and voters will be sitting ducks and potentially put in harm’s way."

Gov. Phil Murphy signed the voting bill into law Jan. 18, so the primaries are the first statewide election cycle in which they've taken effect.

Democrats who supported the law said it would protect voters from intimidation through "poll watchers" and officers stationed at New Jersey voting locations. They pointed to New Jersey's 1981 gubernatorial election.

In a tight race between Republican Tom Kean and Democrat James Florio, the Republican National Committee assembled a Ballot Security Task Force. The controversial group — which included armed, off-duty officers — patrolled polling sites in predominantly Black neighborhoods in Newark and Trenton, carrying signs warning that voter fraud could lead to prison.

Kean won the election by less than 2,000 votes before serving as governor from 1982-90. The Democratic National Committee sued the RNC, claiming Republicans violated the Voting Rights Act and engaged in illegal harassment and voter intimidation. The RNC and New Jersey Republican State Committee signed a consent decree in 1982, admitting no wrongdoing but saying they wouldn't allow tactics that could intimidate Democratic voters.

The decree expired in 2018 and hasn't been renewed.

"Voter intimidation and suppression comes in many forms and can happen anywhere," Assemblymember Benjie Wimberly (D-35) said in January. "We’ve seen this done before right here in New Jersey. This legislation makes it clear that there’s no place for these tactics here, in this general election or future elections."

But several schools around New Jersey went virtual Tuesday, following two years of COVID-19 disrupting in-person education. That includes 12 of 21 schools in the Trenton district, three schools in Nutley, all Wayne schools, eight in Piscataway and 15 in the Hamilton School District.

The new election protocol put several school districts in a difficult position, especially since New Jersey increased police presence in schools following the Robb Elementary School shooting in which 19 students and two teachers were killed. Read more: More Police To Patrol NJ Schools After Texas Shooting, AG Says

Nine Republicans in the State Assembly introduced a bill March 10 that would allow police assignments at police stations located in public schools. The bill would allow a district board, superintendent of elections or county clerk to request an officer for those stations.

The Assembly State and Local Government Committee currently has the bill.

"Republicans knew limiting police from polls could prove dangerous, but now it is incredibly irresponsible to enforce this law in light of the mass shootings," said Assemblymember DeAnne DeFuccio (R-39), one of the bill's sponsors. "The need to provide a safe and secure school environment cannot be paused just because we have an election. If anything, the increased public presence at our schools during elections warrants additional police protection."