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NJ Public Advertisement Law Update
BID #: A5878
ISSUED: 6/25/2025
DUE: TBD
VALUE: TBD
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Executive Summary
Assembly Bill No. 5878 (A5878) introduces changes to the publication of legal notices in New Jersey. The bill mandates that public entities publish legal notices on their official websites, with a direct hyperlink on the homepage, starting March 1, 2026. The Secretary of State is required to establish a webpage linking to these notices. Local government units may also publish notices in eligible online news publications.
For entities not considered public, the bill requires publishing legal notices on qualified online news platforms. Public entities must also advertise in online news publications twice monthly in 2026, directing the public to the Secretary of State's legal notices webpage. The bill also extends the eligibility of newspapers for publishing public notices and legal advertisements until March 1, 2026, regardless of their format.
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Document Text
--- Document: NJ Public Advertisement Law Update Document ---
(Sponsorship Updated As Of: 6/27/2025)
ASSEMBLY, No. 5878
STATE OF NEW JERSEY
221st LEGISLATURE
INTRODUCED JUNE 25, 2025
Sponsored by:
Assemblyman ALEXANDER "AVI" SCHNALL
District 30 (Monmouth and Ocean)
Co-Sponsored by:
Assemblywoman Murphy
SYNOPSIS
Provides for publication of required legal notices on government Internet
websites and through certain online news publications.
CURRENT VERSION OF TEXT
As introduced.
A5878 SCHNALL
2
EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.
Matter underlined thus is new matter.
AN ACT concerning publication of required legal notices,
1
supplementing Title 35 of the Revised Statutes, and amending
2
various parts of the statutory law.
3
4
BE IT ENACTED by the Senate and General Assembly of the State
5
of New Jersey:
6
7
1. (New section) As used in P.L. , c. (C. ) (pending
8
before the Legislature as this bill):
9
"Electronic format" means an Internet website and other
10
technology having electrical, digital, magnetic, wireless, optical,
11
electromagnetic, or similar capabilities that is operated by or for a
12
newspaper for publication.
13
"IP address" means an Internet Protocol address.
14
"Legal notice" means any resolution, official proclamation,
15
notice or advertisement of any sort, kind, or character, including
16
proposals for bids on public work and otherwise, required by law or
17
by the order or rule of any court to be published by a public entity,
18
corporation, an individual, or any other entity.
19
"Local government unit" means a county, municipality, or other
20
political subdivision of the State, or any agency, board,
21
commission, utilities authority or other authority, or other entity
22
thereof, or a person who is a local government unit officer or
23
employee.
24
"Online news publication" means a news publication in
25
electronic format that contains news on matters of public concern
26
and has published news predominantly in the English language at
27
least once per week for at least one year continuously.
28
"Print newspaper" means a news publication in print form that
29
contains news on matters of public concern and has published news
30
predominantly in the English language at least once per week for at
31
least one year continuously.
32
"Public entity" means the State, any State agency, and any local
33
government unit, district, public authority, public agency, and any
34
other political subdivision or political body in the State.
35
"Secretary" means the Secretary of State.
36
"State agency" means any of the principal departments in the
37
Executive Branch of the State Government, and any division, board,
38
bureau, office, commission, or other instrumentality within or
39
created by a department, and, to the extent consistent with law, any
40
interstate agency to which New Jersey is a party and any
41
independent State authority, commission, instrumentality, or
42
agency. A local government unit shall not be deemed an agency or
43
instrumentality of the State.
44
A5878 SCHNALL
3
2. (New section) a. After March 1, 2026, whenever a public
1
entity is required by law or by order or rule of any court to publish
2
or advertise a legal notice, the public entity shall publish or
3
advertise the legal notice on the public entity’s official Internet
4
website. The public entity’s official Internet website shall be
5
accessible and available to the public free of charge. A direct
6
hyperlink to legal notices published on the public entity’s official
7
Internet website shall be conspicuously placed on the website’s
8
homepage.
9
b. No later than March 1, 2026, the Secretary of State, with
10
support from the Office of Information Technology and any other
11
State agency the secretary deems necessary, shall establish an
12
Internet webpage on which shall be included hyperlinks to the legal
13
notices webpage of each public entity created pursuant to
14
subsection a. of this section. The legal notices hyperlink webpage
15
established by the secretary shall be accessible and available to the
16
public free of charge and shall be accessible by direct hyperlink
17
conspicuously placed on the Secretary of State’s Internet homepage.
18
Each public entity shall submit the hyperlink to the Secretary of
19
State and provide any updates thereto prior to effectuation.
20
c.
No later than March 1, 2026, a public entity shall maintain
21
an Internet archive of legal notices that are no longer displayed,
22
which shall be kept for at least one year. The archive shall not be
23
subject to any records retention schedule adopted by the State
24
Records Committee nor to the "Destruction of Public Records Law
25
(1953)," P.L.1953, c.410 (C.47:3-15 et seq.). A public entity shall
26
display a legal notice on its legal notices Internet webpage for at
27
least one week, or other time period as required by law, before
28
transferring the publication to the public entity’s Internet archive.
29
A local government unit shall initially publish an Internet archive
30
no later than July 1, 2026 and shall maintain the archive thereafter.
31
d. A local government unit may, in addition to the publication
32
on its official Internet website pursuant to subsection a. of this
33
section, publish or advertise a legal notice separately on an eligible
34
online news publication that meets the criteria of subsection b. of
35
section 3 of P.L. , c. (C. ) (pending before the Legislature
36
as this bill). The local government unit shall provide a notice in a
37
prominent location on its official Internet website if it publishes or
38
advertises its legal notices in an online news publication and shall
39
publish a hyperlink to the online news publication.
40
41
3. (New section) a. (1) After March 1, 2026, whenever a
42
corporation, individual, or any other entity that is not a public entity
43
is required by law or by the order or rule of any court to publish or
44
advertise a legal notice, the corporation, individual, or other entity
45
shall publish or advertise the legal notice on an online news
46
publication that satisfies the requirements of subsection b. of this
47
section.
48
A5878 SCHNALL
4
(2) The corporation, individual, or other entity shall select an
1
online news publication based on the geographic target as
2
established or implied under the law, court order, or court rule
3
requiring publication.
4
b. To be an eligible online news publication under subsection
5
a. of this section, an online news publication shall:
6
(1) use a domain name for the Internet website that will be
7
easily recognizable and understandable to users of the website as
8
belonging to that online news publication;
9
(2) maintain the online news publication on the Internet in a
10
manner that is fully accessible and searchable by members of the
11
public at all times, other than during routine maintenance or
12
circumstances outside of the operator’s control;
13
(3) ensure that legal notices published or advertised on the
14
online news publication comply with the requirements that would
15
apply to the legal notices if they were published in a physical
16
newspaper, as applicable;
17
(4) maintain an archive for at least one year of notices that are
18
no longer displayed on the online news publication;
19
(5) display a legal notice for at least one week, or other time
20
period as required by law, before placing it in archive;
21
(6) enable legal notices, both those currently displayed and
22
those archived, to be accessed by key word, by party name, by case
23
number, by county, or other useful identifiers;
24
(7) maintain an adequate security system and develop a
25
contingency plan for coping with and recovering from power
26
outages, systemic failures, and other unforeseen circumstances;
27
(8) not charge a fee or require registration or a subscription to
28
view legal notices;
29
(9) maintain media liability insurance of up to $1 million;
30
(10) have been in continuous operation for at least three years,
31
which can be satisfied by the online news publication itself or by a
32
company that has a controlling or majority interest in the online
33
news publication; and
34
(11) (a) provide the number of monthly unique website visits
35
and monthly unique website visits by users in this State and in each
36
county, as evidenced by IP address or other appropriate identifier,
37
which shall be prominently displayed on the Internet homepage of
38
the online news publication along with the criteria provided in this
39
subsection, or a hyperlink to a webpage displaying such criteria,
40
and whether the online news publication meets each criteria.
41
(b) (i) To qualify as an online news publication eligible to
42
publish legal notices for municipal-wide circulation, the online
43
news publication shall receive 4,000 unique monthly visits on
44
average as calculated annually, no less than 50 percent of which
45
shall be from IP addresses within the applicable municipality or
46
within a 10-mile radius of the municipality.
47
A5878 SCHNALL
5
(ii) To qualify as an online news publication eligible to publish
1
legal notices for county-wide circulation, the online news
2
publication shall receive 50,000 unique monthly visits on average
3
as calculated annually, no less than 50 percent of which shall be
4
from IP addresses within the applicable county or within a 10-mile
5
radius of the county.
6
(iii) To qualify as an online news publication eligible to publish
7
legal notices for State-wide circulation, the online news publication
8
shall receive 350,000 unique monthly visits on average as
9
calculated annually, no less than 50 percent of which shall be from
10
IP addresses within the State.
11
c.
The price to be paid for publishing all public notices or legal
12
notices in an online news publication pursuant to P.L. , c.
13
(C. ) (pending before the Legislature as this bill), shall not
14
exceed the rates established pursuant to R.S.35:2-1.
15
d. Unless otherwise provided pursuant to applicable law or
16
court rule or order, an online news publication that receives a legal
17
notice for publication pursuant to this section shall publish the
18
notice within 24 hours of receipt.
19
e.
An online news publication that falsely represents that it
20
meets the criteria established pursuant to subsection b. of this
21
section and accepts legal notices for publication shall deemed to
22
have committed an unlawful practice under P.L.1960, c.39 (C.56:8-
23
1 et seq.) and liable to enforcement by the Attorney General
24
pursuant to the provisions of P.L.1960, c.39 (C.56:8-1 et seq.).
25
26
4. (New section) a. A public entity, corporation, or individual
27
required by law or by the order or rule of any court to publish or
28
advertise a legal notice shall publish or advertise the notice in
29
accordance with the applicable law or court order or rule.
30
b. A public entity, corporation, or individual shall be deemed to
31
satisfy their legal obligations to provide a legal notice upon
32
publication of the notice as required pursuant to P.L. , c.
33
(C. ) (pending before the Legislature as this bill).
34
c.
Legal notices published on a public entity’s Internet website
35
or the Internet website of an online news publication in accordance
36
with P.L. , c. (C. ) (pending before the Legislature as this
37
bill) shall not be deemed defective if at least one of the following
38
circumstances exist:
39
(1) there is an error in the content or form of the legal notice
40
published or advertised on a public entity’s Internet website or
41
online news publication due to a clerical, administrative, or any
42
other error outside of the control of the public entity, corporation, or
43
individual required by law or court order or rule to publish the legal
44
notice;
45
(2) there is a temporary outage, technical malfunction,
46
disruption, or service interruption preventing the publishing,
47
A5878 SCHNALL
6
posting, or display of a legal notice on the public entity’s Internet
1
website or online news publication;
2
(3) the operator of the public entity’s Internet website or the
3
online news publication imposes standard restrictions that prevent
4
access to the website or online news publication;
5
(4) the public entity’s Internet website or the online news
6
publication is subject to a cyberattack or cybersecurity incident,
7
including but not limited to ransomware or a data breach, causing
8
the failure to timely or accurately publish the legal notice; or
9
(5) any other circumstances preventing the publishing, posting,
10
or display of a legal notice on the public entity Internet website or
11
online news publication that are outside of the control of the public
12
entity, corporation, or individual required by law or court order or
13
rule to publish the legal notice.
14
15
5. (New section) a. Starting on January 1, 2026 and at least
16
twice per month through December 31, 2026, a public entity
17
required by law or by the order or rule of any court to publish or
18
advertise a legal notice, or that elects to publish or advertise a legal
19
notice before that date pursuant to P.L. , c. (C. ) (pending
20
before the Legislature as this bill), shall provide an advertisement in
21
an online news publication that meets the requirements of
22
subsection b. of section 3 of P.L. , c. (C. ) (pending before
23
the Legislature as this bill), that:
24
(1) states that the complete text of each legal notice may be
25
obtained or viewed by the public on the official Internet website of
26
each public entity; and
27
(2) provides the hyperlink to the Secretary of State’s legal
28
notices hyperlink Internet webpage established pursuant to
29
subsection b. of section 2 of P.L. , c. (C. ) (pending before
30
the Legislature as this bill).
31
b. Until the Secretary of State establishes the legal notices
32
hyperlinks Internet webpage pursuant to subsection b. of section 3
33
of P.L. , c. (C. ) (pending before the Legislature as this
34
bill), a public entity that elects to comply with the provisions of
35
P.L. , c. (C. ) (pending before the Legislature as this bill)
36
shall be deemed to have satisfied the requirements of P.L. , c.
37
(C. ) (pending before the Legislature as this bill) without
38
publication of the public entity’s hyperlink on the Internet webpage
39
to be established pursuant to subsection b. of section 3 of P.L. , c.
40
(C. ) (pending before the Legislature as this bill).
41
42
6. R.S.40:53-2 is amended to read as follows:
43
40:53-2. a. All ordinances or other public notices which any
44
municipality, except cities, may be required by any law to publish,
45
where the manner of publication is not otherwise specifically
46
provided for, shall until March 1, 2026 be published either in at
47
least one newspaper published and circulating in the municipality,
48
A5878 SCHNALL
7
and if there be no such newspaper, then in at least one newspaper
1
published in the county in which the municipality is located and
2
circulating in the municipality or consistent with section 2 of
3
P.L. , c. (C. ) (pending before the Legislature as this bill).
4
b. After March 1, 2026, all ordinances or other public notices
5
which any municipality, except cities, may be required by any law
6
to publish, where the manner of publication is not otherwise
7
specifically provided for, shall be published consistent with section
8
2 of P.L. , c. (C. ) (pending before the Legislature as this
9
bill).
10
(cf: R.S.40:53-2)
11
12
7. N.J.S.40A:2-19 is amended to read as follows:
13
40A:2-19. a. Publications required by this chapter shall, until
14
March 1, 2026, either in the case of a municipality, be in a
15
newspaper published and circulating in the municipality, if there be
16
one, and if not, in a newspaper published in the county and
17
circulating in the municipality. In the case of a county, publications
18
shall be in a newspaper published at the county seat, if there be one,
19
and if not, in a newspaper published and circulating in the county.
20
For the purposes of this section, a newspaper shall not be deemed to
21
be published during any period of time in which the publication of
22
such newspaper shall be interrupted by any involuntary suspension
23
of publication resulting from loss, destruction, mechanical or
24
electric failure of typesetting equipment or printing presses or the
25
unavailability due to conditions beyond the control of the publisher,
26
of paper or other materials and supplies necessary for operation, or
27
resulting from a labor dispute with a recognized labor union or be
28
published consistent with section 2 or 3, as applicable, of P.L. , c.
29
(C. or C. ) (pending before the Legislature as this bill).
30
b. After March 1, 2026 publications required by this chapter
31
shall be published consistent with section 2 or 3, as applicable, of
32
P.L. , c. (C. or C. ) (pending before the Legislature as
33
this bill).
34
(cf: P.L.1970, c.318, s.1)
35
36
8. R.S.35:1-2.2 is amended to read as follows:
37
35:1-2.2. a.
Whenever until March 1, 2026, by law, it is
38
required that there be published by printing and publishing in a
39
newspaper or newspapers, ordinances, resolutions or notices or
40
advertisements of any sort, kind, or character by any county, city, or
41
other municipality or municipal corporation, or by any municipal
42
board or official board, or body, or office, or officials, or by any
43
person or corporation, [such] the newspaper or newspapers [must]
44
shall, in addition to any other qualification now required by law,
45
meet the following qualifications, namely: [said] the newspaper or
46
newspapers shall be entirely printed in the English language, shall
47
A5878 SCHNALL
8
be printed and published within the State of New Jersey, shall be a
1
newspaper of general paid circulation possessing an average news
2
content of not less than 35 [%] percent, shall have been published
3
continuously in the municipality where its publication office is
4
situate for not less than [2] two years and shall have been entered
5
for [2] two years as second-class mail matter under the postal laws
6
and regulations of the United States. In case a newspaper cannot
7
meet these qualifications itself but has acquired another newspaper
8
which meets these qualifications, the acquiring newspaper shall be
9
deemed to meet these qualifications if it is published in the same
10
municipality and entered in the same post office as was the acquired
11
newspaper. Continuous publication within the meaning of this
12
section shall not be deemed interrupted by any involuntary
13
suspension of publication for a period not exceeding [6] six
14
months resulting from loss, destruction, mechanical or electrical
15
failure of typesetting equipment or printing presses or the
16
unavailability, due to conditions beyond the control or the
17
publisher, of paper or other materials and supplies necessary for
18
operation, or resulting from a labor dispute with a recognized labor
19
union, and any newspaper so affected shall not be disqualified
20
hereunder in the event that publication is resumed within said
21
period of [6] six months.
22
For the purposes of this section and for the purpose of qualifying
23
for legal advertisements generally, any newspaper which for not
24
less than [2] two years shall have been continuously printed in a
25
building located within two municipalities and which for not less
26
than [2] two years shall have continuously maintained its editorial
27
and business offices in said building shall be deemed to have been
28
published continuously in each of said municipalities during that
29
period and its publication office shall be deemed to have been
30
situate in each municipality during that period.
31
In the event any newspaper which shall have been qualified to
32
publish legal advertisements shall move its publication office to
33
any municipality in the same county or in an adjacent county in
34
this State and which shall otherwise continue to meet the
35
qualifications of this section, it shall be qualified to publish legal
36
advertisements which it was qualified to publish prior to moving
37
said publication office for a period of [2] two years after the date
38
of the moving of its publication office or such period as [said] the
39
newspaper shall have the highest paid circulation of any newspaper
40
within the county or municipality which shall use said newspaper
41
for legal advertisements.
42
b. In lieu of the requirements of subsection a. of this section,
43
whenever until March 1, 2026, by law, it is required that there be
44
published by printing and publishing in a newspaper or newspapers,
45
ordinances, resolutions or notices or advertisements of any sort,
46
kind, or character by any county, city, or other municipality or
47
A5878 SCHNALL
9
municipal corporation, or by any municipal board or official board,
1
or body, or office, or officials, or by any person or corporation, the
2
newspaper or newspapers may be published consistent with section
3
2 or 3, as applicable, of P.L. , c. (C. or C. ) (pending
4
before the Legislature as this bill).
5
c.
After March 1, 2026 whenever, by law, it is required that
6
there be published by printing and publishing in a newspaper or
7
newspapers, ordinances, resolutions or notices or advertisements of
8
any sort, kind, or character by any county, city, or other
9
municipality or municipal corporation, or by any municipal board or
10
official board, or body, or office, or officials, or by any person or
11
corporation, the newspaper or newspapers shall be published
12
consistent with section 2 or 3, as applicable, of P.L. , c. (C.
13
or C. ) (pending before the Legislature as this bill).
14
(cf: P.L.1979, c.84, s.1)
15
16
9. Section 1 of P.L.2024, c.106, as amended by P.L.2025, c.22,
17
is amended to read as follows:
18
1. a.
Notwithstanding any law, rule, regulation, or
19
municipal ordinance to the contrary, a newspaper utilized or
20
permitted to be utilized by a person for the purpose of complying
21
with any legal requirement, or a public body, as defined in section 3
22
of the "Open Public Meetings Act," P.L.1975, c.231 (C.10:4-8),
23
from January 1, 2024 through December 31, 2024 for the purpose of
24
complying with R.S.35:1-2.2 or any other requirements for issuing
25
or publishing a public notice or legal advertisement, including, but
26
not limited to, for providing adequate notice of a meeting, the
27
solicitation of bids, qualifications, or proposals, or the publication
28
of any ordinances, synopses, or summaries of official documents,
29
shall be deemed eligible for the same purposes from January 1,
30
2025 to [June 30, 2025] March 1, 2026 if the newspaper’s
31
publication is in print or electronic format. The price to be paid for
32
publishing all public notices or legal advertisements in print or
33
electronic format as described in this section shall not exceed the
34
rates established pursuant to R.S.35:2-1. A fee shall not be
35
charged, and registration shall not be required, for viewing public
36
notices or legal advertisements published in an electronic format.
37
b. For the purposes of this section, "electronic format" means
38
an Internet website and other technology having electrical, digital,
39
magnetic, wireless, optical, electromagnetic, or similar capabilities
40
that is operated by or for a newspaper for publication.
41
42
10. This act shall take effect immediately.
43
A5878 SCHNALL
10
STATEMENT
1
2
This bill provides that whenever a public entity, as defined in the
3
bill, is required by law or by order or rule of any court to publish or
4
advertise a legal notice, the public entity is to publish or advertise
5
the legal notice on the public entity’s official Internet website. The
6
majority of the bill’s requirements are mandatory beginning March
7
1, 2026, and are optional until that date. Under the bill, the public
8
entity’s official Internet website is to be accessible and available to
9
the public free of charge, and a direct hyperlink to legal notices
10
published on the public entity’s official Internet website is to be
11
conspicuously placed on the public entity’s Internet homepage.
12
The Secretary of State, with support from the Office of
13
Information Technology and any other State agency the secretary
14
deems necessary, is required to establish an Internet webpage which
15
includes the hyperlinks to the legal notices webpage of each public
16
entity. The legal notices hyperlink webpage is to be accessible and
17
available to the public free of charge and be accessible by a direct
18
hyperlink that is conspicuously placed on the Secretary of State’s
19
homepage. Each public entity is required to submit the entity’s
20
hyperlink to the Secretary of State and provide any updates thereto.
21
The bill provides that a public entity is required to maintain an
22
Internet archive of legal notices that are no longer displayed, which
23
are required to be kept for at least one year. A public entity is
24
required to display a legal notice on its legal notices webpage for at
25
least one week, or other time period as required by law, before
26
transferring it to the archive. Under the bill, a local government
27
unit is not required to maintain an archive until July 1, 2026.
28
Under the bill, a local government unit may in addition to the
29
publication on its official website, publish or advertise a legal
30
notice on an eligible online news publication that meets the criteria
31
as specified in the bill.
32
The bill also provides that whenever a corporation, individual, or
33
any other entity that is not a public entity is required by law or by
34
the order or rule of any court to publish or advertise a legal notice,
35
the corporation, individual, or other entity is to publish or advertise
36
the legal notice on an online news publication that satisfies the
37
eligibility requirements to function as an online news publication,
38
as specified in the bill. For the year from January 1, 2026, a public
39
entity is required to provide an advertisement at least twice per
40
month in an eligible online news publication that: states that the
41
complete text of each legal notice may be obtained or viewed by the
42
public on the official Internet website of the public entity; and
43
provides the hyperlink to the Secretary of State’s legal notices
44
hyperlink Internet webpage, with exceptions provided in the bill.
45
Additionally, under current law, a newspaper utilized, or
46
permitted to be utilized, by a person or public body, as defined in
47
section 3 of the "Open Public Meetings Act," P.L.1975, c.231
48
A5878 SCHNALL
11
(C.10:4-8), from January 1, 2024 through December 31, 2024 for
1
the purpose of complying with any requirements for issuing or
2
publishing a public notice or legal advertisement, including, but not
3
limited to, for providing adequate notice of a meeting, the
4
solicitation of bids, qualifications, or proposals, or the publication
5
of any ordinances, synopses, or summaries of official documents, is
6
deemed eligible for the same purposes from January 1, 2025 to June
7
30, 2025 if the newspaper’s publication is in print or electronic
8
format. This bill amends that law to provide that public bodies may
9
continue using qualifying newspapers for required public notices
10
and legal advertisements until March 1, 2026 regardless of format.
11
The bill is to take effect immediately.
12
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Timeline
First Discovered
Apr 2, 2026
Last Info Update
Apr 5, 2026
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