TRENTON—Governor Mikie Sherrill signed legislation on Monday that permits municipalities to extend early voting for nonpartisan elections held in May. She positioned the law as a state-level countermeasure to recent federal policy changes around elections.
The bill was introduced in the Legislature on March 19, and it was signed into law six days after President Trump issued an executive order on voter citizenship verification. The law allows, but does not require, municipalities to begin early voting for regular municipal elections eight days before Election Day, extending the current window by four days.
Federal Election Policy Changes Prompt State Action
On March 31, President Donald Trump issued Executive Order 14399, titled "Ensuring Citizenship Verification and Integrity in Federal Elections." The order has three provisions:
• it mandates that the Department of Homeland Security and the Social Security Administration provide states with citizenship data within 30 days;
• it directs the United States Postal Service to restrict mail-in ballot distribution to individuals on state-approved absentee voter lists; and
• it requires the Department of Justice to prioritize criminal prosecutions of election officials who provide ballots to individuals deemed ineligible.
New Jersey Attorney General Jennifer Davenport joined a coalition of 23 states and the District of Columbia in filing a lawsuit challenging the executive order on April 3. The case, filed in the U.S. District Court for the District of Massachusetts, argues that the directive exceeds federal constitutional authority and violates the Elections Clause. The coalition includes California, New York and Illinois as co-leaders alongside Massachusetts, Nevada and Washington.
Governor Sherrill, in her signing statement, characterized the executive order as "unconstitutional." She noted that the state legislation would "ensure the people of our state have their voices heard at the local level."
Local Implementation and Eligible Municipalities
The Essex County Board of Elections confirms that Newark, Irvington, and Cedar Grove hold nonpartisan municipal elections on May 12, 2026, and would be therefore eligible to adopt the extended early voting window. Other municipalities may also qualify; officials did not immediately provide a comprehensive list of all jurisdictions holding nonpartisan May elections.
The legislation took effect immediately upon signing, allowing eligible municipalities to adopt the extended window for the May 2026 municipal elections. Implementation remains optional: municipalities must affirmatively opt in to the eight-day window, while those that do not will maintain the current four-day early voting period. Municipalities holding May elections have not yet announced whether they will adopt the extended early voting period.
Senator Brian Stack, a primary sponsor of the vill, stated that the extension offers "additional days to vote" and expressed hope that "even more residents will participate in our sacred election process." Assemblyman Larry Wainstein, who also sponsored the legislation, noted that "not everyone works a traditional 9 to 5" and characterized the extension as necessary for working residents to access the electoral process.
Nationwide Legal Challenges and Precedent
The executive order prompting the federal-state friction faces additional legal challenges beyond the state coalition, including lawsuits filed by the American Civil Liberties Union and the League of Women Voters. A prior Trump executive order that sought to modify the federal voter registration form, EO 14248 from March 2025,was blocked by the U.S. District Court for the District of Columbia after the court determined the directive likely exceeded the President's constitutional authority.
The Trump administration has not yet commented on the bill at time of writing.
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Sources
• Governor Mikie Sherrill, Office of the Governor, "Governor Sherrill Signs Legislation Allowing Expansion of Early Voting for May Municipal Elections" (April 6, 2026)
• The White House, "Executive Order 14399: Ensuring Citizenship Verification and Integrity in Federal Elections" (March 31, 2026)
• New Jersey Legislature, A4745/S420: Extends Early Voting Period for Municipal Elections (introduced March 19, 2026)
• New Jersey Office of the Attorney General, "AG Davenport Sues Trump Administration Over Unlawful Executive Order Attempting to Exert Federal Control Over Elections" (April 3, 2026)
• Dana DiFilippo, New Jersey Monitor, "New NJ law expands early in-person voting for May municipal races" (April 6, 2026)
• Essex County Board of Elections, "2026 Election Calendar" (accessed April 6, 2026)
• New Jersey Division of Elections, "Chronological Timeline of Elections"
• Carter Walker, "Trump administration sued by states over mail voting executive order," Votebeat/Spotlight PA (April 3, 2026).