• Skip to main content
  • Skip to primary sidebar

State of Elections

William & Mary Law School | Election Law Society

Hide Search

New Jersey is Ready to Vote by Mail, But the Trump Campaign is Trying to Stop Them

Election Law Society · September 30, 2020 ·

By: Brianna Mashel

On August 14th, 2020, New Jersey Governor Phil Murphy signed an executive order mandating all approximately 6.3 million registered voters to automatically receive mail-in ballots. After he announced the order, the governor exclaimed, “Everybody gets a ballot!”

Four days after the executive order was signed, however, the Trump campaign, national GOP Committee, and state GOP Committee launched a suit accusing Governor Murphy of usurping the state legislature’s authority to regulate elections and creating “a recipe for disaster” with respect to invalid voting. Almost a month later, on September 16th, Governor Murphy and his administration found themselves in a New Jersey Federal Court arguing against a preliminary injunction that would block this proposed expansion of mail-in voting.

The Trump campaign’s concerns have put a spotlight on a recent special election in Patterson, New Jersey. In late June, New Jersey Attorney General Gurbir Grewal charged Paterson City Councilman Michael Jackson, Councilman-elect Alex Mendez and two other men with voter fraud and other crimes. Immediately after the charges were announced, President Trump tweeted, “Mail-In Voting, on the other hand, will lead to the most corrupt Election is USA history. Bad things happen with Mail-Ins. Just look at Special Election in Patterson, N.J. 19% of Ballots a FRAUD!”

The special election in Paterson was conducted exclusively by mail-in voting because of the COVID-19 pandemic. The investigation into this local election started after the U.S. Postal Inspection Service tipped off state law enforcement officials to hundreds of mail-in ballots stuffed in a Paterson mailbox. In New Jersey, voters must mail or submit their mail-in ballots themselves unless they certify a “bearer” to do it on their behalf. A bearer can collect ballots for no more than three voters in an election and a candidate in the election cannot serve as a bearer. City Councilman Jackson and Councilman-elect Mendez, who was a candidate in the election, were caught with more than three mail-in ballots each. Ultimately, because of this fraudulent behavior, a judge invalidated the election and ordered a new one. The Trump campaign and Republicans have grasped onto the election problems in Paterson as they argue against the vote-by-mail plan from Governor Murphy.

Some of President Trump’s critics say that this apparent aversion to mail-in voting is nothing more than an attempt to undermine election results. Although it is true that corruption occurred in a local New Jersey election conducted by mail, this does not indicate that vote by mail automatically results in fraud.  In fact, those in opposition with President Trump believe it shows the exact opposite. If voter fraud was instantaneously detected in one local election, critics ponder, imagine how difficult it would be to get away with widespread voter fraud during the Presidential Election.

Despite the impending lawsuit and President Trump’s protest, mail-in ballots have started to go out throughout New Jersey. In fact, the Trump campaign’s lawsuit has been moving so slowly it is likely to do nothing at all. New Jersey county clerks must send voter mail-in ballots by October 5, 2020. If the lawsuit continues at its current pace, millions of New Jersey voters will have received, and possibly submitted, their mail-in ballots by the time the arguments get heard. Meaning, against the Trump campaign’s wishes, mail-in ballots will likely be the principal method of voting in New Jersey for the November election.

As a result, like many other states, New Jersey will embark for the first time on an election conducted primarily with vote by mail ballots. In addition to vote by mail, polling locations will be available in every municipality and each county will operate at least 50% of its normal polling location capacity. It remains to be seen if President Trump’s prediction of widespread voter fraud will come to fruition.

Trump Complaint- NJ

New Jersey New Jersey, Phil Murphy, President Trump, Vote by mail, Voter Fraud

Primary Sidebar

Pages

  • About Us
  • Election Law Glossary
  • Staff History
  • Links
  • Archived Pages
    • Citizens United + The States
    • Virginia Redistricting Competition

Search

View Posts by State

Archives

Tags

2016 Election 2020 Election Absentee ballots absentee voting Ballot Access ballot initiative Campaign Finance Citizens United Colorado Disenfranchise disenfranchisement Early Voting Election 2016 Electronic Voting Felon Voting Rights First Amendment Gerrymandering in-depth article judicial elections mail-in voting National Voter Registration Act North Carolina photo ID primary election Redistricting Referendum Registration Secretary of State state of elections Supreme Court Texas Virginia Vote by mail Voter Fraud Voter ID Voter Identification voter registration Voter Turnout voting voting and COVID Voting Machines Voting Rights Voting Rights Act VRA William & Mary

Blogroll

  • Election Law Issues
  • William & Mary Law School
  • Williamsburg Redistricting – "The Flat Hat" article

Friends

  • W&M Election Law Program

Contact Information:

To contact us, send an email to
wmstateofelections@gmail.com

Current Editorial Staff

Brendan W. Clark ’24, Editor-in-Chief
Rachel Clyburn ’24, Editor-in-Chief

State of Elections

Copyright © 2025 · Monochrome Pro on Genesis Framework · WordPress · Log in

We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok