Bill Text: NJ A1563 | 2018-2019 | Regular Session | Introduced
Bill Title: Provides for paper ballots to replace existing voting machines; requires certain documentation as proof of voter identity to vote; updates procedures for challenging voters regarding proof of identity; makes an appropriation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-09 - Introduced, Referred to Assembly State and Local Government Committee [A1563 Detail]
Download: New_Jersey-2018-A1563-Introduced.html
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblyman MICHAEL PATRICK CARROLL
District 25 (Morris and Somerset)
SYNOPSIS
Provides for paper ballots to replace existing voting machines; requires certain documentation as proof of voter identity to vote; updates procedures for challenging voters regarding proof of identity; makes an appropriation.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning balloting and amending, supplementing, and repealing various parts of the statutory law, and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) Beginning on January 1, 2018, all voting that occurs at a polling place on the day of an election shall occur using the paper ballots prepared by the clerk of the county prior to the day of the election, pursuant to Title 19 of the Revised Statutes. No voting machines or electronic voting system shall be used to record the votes of voters voting on the day of an election, except that a limited number of such devices shall be available for use by individuals with disabilities.
2. Section 2 of P.L.1976, c.83 (C.19:4-11) is amended to read as follows:
2. a. Subject to the provisions of law as to redistricting, each election district [in which only one voting machine or four electronic system voting devices are used] shall contain no more than [750] 2,000 voters, except an election district in which there is located a public or private institution where persons entitled to vote may reside, and in such district the number of voters shall be as near to [750] 2,000 as is practicable.
b. Notwithstanding the provisions of subsection a. of this section, no later than January 1, 2006 each election district shall also include at least one voting system capable of permitting individuals with disabilities to vote.
(cf: P.L.2005, c.145, s.5)
3. Section 4 of P.L.1976, c.83 (C.19:4-13) is amended to read as follows:
4. When in any two consecutive general elections in an election district more than [750] 2,000 or less than [250] 700 votes shall have been cast, the county board shall readjust the boundary lines of such election district and other election districts necessary to effect changes so that none of the election districts affected shall have more than [750] 2,000 registered voters, and for this purpose shall have power to consolidate any number of districts and subdivide the same.
(cf: P.L.1976, c.83, s.4)
4. Section 1 of P.L.2005, c.149 (C.19:12-7.1) is amended to read as follows:
1. a. A county board of elections shall have posted a voter information notice, which shall be referred to as a voter's bill of rights, in a conspicuous location in each polling place before the opening of the polls on the day of any election.
The notice shall contain:
the date of the election and the hours during which polling places will be open;
a statement that sample ballots are available at the polling place for review by the voter;
instruction for the use of the voting [machine] equipment in that polling place and an explanation of what instructions for voting are available at the polling place for the voter;
instruction for a voter who is voting for the first time;
instruction for a voter who is required to provide identification pursuant to the federal "Help America Vote Act of 2002" and R.S.19:15-17 prior to casting a vote;
instruction on how to cast a vote if the voter cannot be present at a polling place on the day of the election;
an explanation of the right of the voter to vote in privacy, regardless of the voter's physical abilities;
an explanation of the right of the voter to a provisional ballot, including in the event that a mail-in ballot has been applied for and not received or not transmitted to the county board of elections before the day of any election, and the other circumstances under which a voter has a right to a provisional ballot;
an explanation of the right of the voter to receive a replacement ballot for a ballot that has been spoiled, destroyed, lost or never received;
an explanation of the right of the voter to ask for and receive assistance in voting;
an explanation of the right of the voter to take a reasonable amount of time in casting a vote [on a] using voting [machine] equipment;
an explanation of the right of the voter to bring written material into the polling place for the voter's personal use in casting a vote;
instruction on how to contact the appropriate officials if a voter's right to vote or right to otherwise participate in the electoral process has been challenged or violated;
general information on federal and State laws that prohibit acts of fraud or misrepresentation and the penalties for those acts; and
such other statement, instruction or explanation the Secretary of State may deem appropriate to ensure the full and knowledgeable participation of the voter in the process.
The requirement to post this notice in each polling place shall not replace, supersede or void any other requirement set forth in law for the posting of information in each polling place apart from the voter information notice.
b. The Secretary of State shall prescribe the form and specific content of the voter information notice, which may be comprised of more than one page. If the notice is comprised of more than one page, each page shall be posted separately. For an election district in which the primary language of 10 percent or more of the registered voters is a language other than English, the Secretary of State shall prescribe an official version of the voter information notice in that other language or languages for use in that election district. The notice shall be posted in English and in the other language or languages in the polling places in each such district. The alternate language shall be determined based on information from the latest federal decennial census.
c. A county board of elections may modify or supplement the voter information notice used in a county or municipality to provide additional information specific to that county or a municipality in that county, provided, however, that any such modification or supplementation shall be submitted to the Secretary of State for prior approval.
d. The voter information notice shall be printed on each sample ballot, to the extent practicable, or if not practicable, information on how to view or obtain a copy of the voter information notice shall be printed on each sample ballot.
e. The voter information notice, including one modified or supplemented pursuant to subsection c. of this section, shall be made accessible on the official Internet site of the State by the Secretary of State and each county board of elections shall ensure that the official Internet site of the county contains a link to that notice.
f. The provisions of this section shall not give rise to a legal cause of action.
g. The State shall be liable for the costs incurred by local government entities for compliance with this section, and they shall be reimbursed for those costs, upon application, by the State Treasurer.
(cf: P.L.2009, c.79, s.30)
5. R.S.19:15-17 is amended to read as follows:
19:15-17. a. The comparison of signatures of a voter made upon registration and upon election day, and if the voter alleges his inability to write, the comparison of the answers made by such voter upon registration and upon election day, shall be had in full view of the challengers.
b. If a voter has registered by mail after January 1, 2003 to vote for the first time in his or her current county of residence and did not provide personal identification when registering pursuant to section 16 of P.L.1974, c.30 (C.19:31-6.4), the voter shall be permitted to vote starting at the first election held after January 1, 2004 at which candidates are seeking federal office after displaying one of the following items: (1) a current and valid photo identification card; (2) a current utility bill, bank statement, government check or pay check; (3) any other government document that shows the voter's name and current address; or (4) any other identifying document that the [Attorney General] Secretary of State has determined to be acceptable for this purpose. If the voter does not display one of these documents, the voter shall [not be permitted to vote by machine but shall] instead be provided with a provisional ballot, pursuant to the provisions of P.L.1999, c.232 (C.19:53C-1 et seq.). This subsection shall not apply to any voter entitled to vote by absentee ballot under the "Uniformed and Overseas Citizens Absentee Voting Act" [(42 U.S.C. 1973ff-1 et seq.)] (52 U.S.C. 20302) or to any voter who is provided the right to vote other than in person under section 3 of Pub.L.98-435 (52 U.S.C. 20104), the "Voting Accessibility for the Elderly and Handicapped Act," or any other voter entitled to vote otherwise than in person under any other federal law. This subsection shall also not apply to any person who registers to vote by appearing in person at any voter registration agency or to any person whose voter registration form is delivered to the county commissioner of registration or to the Attorney General, as the case may be, through a third party by means other than by mail delivery.
c. Each county commissioner of registration shall collect and maintain, in the manner prescribed by the [Attorney General] Secretary of State, the information provided pursuant to subsection b. of this section and section 16 of P.L.1974, c.30 (C.19:31-6.4). Access to the personal identification information provided pursuant to subsection b. of this section and section 16 of P.L.1974, c.30 (C.19:31-6.4). shall be prohibited, in accordance with subsection a. of section 6 of P.L.2001, c.404 (C.47:1A-5).
(cf: P.L.2004, c.88, s.9)
6. R.S.19:15-31 is amended to read as follows:
19:15-31. He shall then hand the ballot with the coupon undetached to the member of the election board having charge of the ballot box, which member shall call off the number of the ballot and the name of the voter. If the name and number agree with the record in the poll book, the election officer having charge of the poll book shall so announce and place the word "voted" opposite the poll number to indicate that the person shown thereon as receiving the ballot has voted.
In districts having permanent registration the member of the board having charge of the signature copy register shall record the ballot number in the proper column of the record of voting form.
The member of the election board in possession of the ballot shall then scan it electronically, if such equipment is available, to ascertain whether the ballot contains any technical errors that would disqualify it from being counted. If such an error exists, it shall be returned to the voter for correction or if determined to be spoiled, a new ballot shall be given to the voter to enable that person to correct any technical error that would otherwise disqualify the voter's vote from being counted. If a voted ballot is scanned electronically and no technical error is found to exist, the ballot shall be considered valid and ready to be counted.
(cf: R.S.19:15-31)
7. Section 1 of P.L.2005, c.145 (C.19:31-31) is amended to read as follows:
1. a. There shall be established in the Department of State a single Statewide voter registration system, as required pursuant to section 303 of the federal "Help America Vote Act of 2002," Pub.L.107-252 (42 U.S.C. s.15483). The principal computer components of the system shall be under the direct control of the Secretary of State. The Secretary of State shall be responsible for creating the network necessary to maintain the system and providing the computer software, hardware and security necessary to ensure that the system is accessible only to those executive departments and State agencies so designated by the Secretary of State, each county commissioner of registration, each county and municipal clerk, and individuals under certain circumstances, as provided for by this section. The system shall be the official State repository for voter registration information for every legally registered voter in this State, and shall serve as the official voter registration system for the conduct of all elections in the State.
b. The Statewide voter registration system shall include, but not be limited to, the following features:
(1) the name and registration information of every legally registered voter in the State;
(2) the ability to assign a unique identifier to each legally registered voter in the State;
(3) interactivity among appropriate State agencies so designated by the Secretary of State, each county commissioner of registration, each county board of elections, and each county clerk such that these entities shall have immediate electronic access to all or selected records in the system, as determined by the Secretary of State, to receive or transmit all or selected files in the system and to print or review all or selected files in the system;
(4) the ability to permit any county commissioner of registration to enter voter registration information on an expedited basis at the time the information is provided thereto and to permit the Secretary of State to provide technical support to do so whenever needed;
(5) the ability to permit each municipal clerk to view or print information in the system;
(6) the ability to permit an individual, by July 1, 2006, to verify via the Internet whether that individual, and only that individual, is included in the system as a legally registered voter, whether the information pertaining to that individual required by subsection c. of this section is correct, and if not, a means to notify the pertinent county commissioner of registration of the corrections that must be made and to so verify in a way that does not give one individual access to the information required by subsection c. of this section for any other individual;
(7) a Statewide street address index and map in electronic form that can accurately identify the location of every legally registered voter in this State;
(8) the ability to record and monitor all requests for mail-in ballots; to enable the county clerk to verify the identity and signature of each person requesting a mail-in ballot; to record the name and address of each voter determined to be eligible to receive a mail-in ballot for a particular election and to note when a mail-in ballot has been transmitted to that voter by mail or hand delivery; and to make such information available to the Secretary of State so that a voter can be notified whether the application for such a ballot was accepted or rejected, and the reason for the rejection, using the free-access system established by section 5 of P.L.2004, c.88 (C.19:61-5); and
(9) any other functions required pursuant to Pub.L.107-252 (42 U.S.C. s.15301 et seq.), or Title 19 of the Revised Statutes, or that may be deemed necessary by the Secretary of State.
c. The Statewide voter registration system shall include, but not be limited to, the following information for every legally registered voter in this State:
(1) last, first and middle name;
(2) street address at time of registration or rural route, box number or apartment number, if any;
(3) city or municipality, and zip code;
(4) date of birth;
(5) telephone number and e-mail address, if provided on voter registration form;
(6) previous name or address if individual re-registered due to change of name or address;
(7) ward and election district number, if either is available;
(8) (a) current and valid New Jersey driver's license number; or
(b) if the registrant has not been issued a New Jersey driver's license number, the last four digits of the registrant's social security number; or
(c) unique identifying number for any individual who has not been issued the information sought in subparagraph (a) or (b) of this paragraph;
(9) notation that a copy of one of the following documents has been submitted with the voter registration application, if required: current and valid photo identification card; a current utility bill, bank statement, government check, pay check or any other government document showing the registrant's name and current address;
(10) (a) the method by which the individual registered and whether that person needs to provide additional identification information to vote using a [voting machine] paper ballot instead of a provisional ballot; and
(b) beginning with the first election held after January 1, 2018, and subject to the 10-year voting participation record set forth in paragraph (15) of this subsection, a notation of the document provided as valid proof of identification in accordance with paragraph (2) of subsection b. of R.S.19:15-17, or an executed affidavit as to a religious objection to being photographed as an exemption from the identification requirement in accordance with paragraph (3) of that subsection, to vote using a provisional ballot;
(11) political party affiliation, if designated;
(12) digitalized signature;
(13) date of registration or re-registration;
(14) name and street address of the individual assisting in the completion of the form, if the applicant for registration is unable to do so;
(15) voting participation record for ten-year period; and
(16) any other information required pursuant to Pub.L.107-252 (42 U.S.C. s.15301 et seq.), or Title 19 of the Revised Statutes, or that the Secretary of State determines is necessary to assess the eligibility of an individual to be registered to vote and to vote in this State.
(cf: P.L.2009, c.287, s.2)
8. R.S.19:32-2 is amended to read as follows:
19:32-2. a. Except as provided in section 2 of P.L.1982, c.46 (C.19:32-1.2), each superintendent may appoint a chief deputy, a chief clerk, a secretary, such personnel as is authorized under R.S.19:48-6, and any other assistants he considers necessary to carry out the provisions of this Title, and, except as hereinafter provided, may remove the same whenever he deems it necessary and all persons so appointed, by superintendents of elections in counties of the first class having more than 850,000 inhabitants, according to the latest federal census taken in a year ending in zero, to serve for terms of more than six months in any one year, shall be in the classified service of the civil service and shall be appointed in accordance with and shall be subject to the provisions of Title 11A, Civil Service, but all other persons so appointed shall not be subject to any of the provisions of Title 11A, Civil Service, but shall be in the unclassified service. All persons appointed by the commissioner of registration in counties of the first class having more than 600,000, but less than 850,000 inhabitants, according to the latest federal census taken in a year ending in zero, to serve for terms of more than six months in any one year, other than the chief deputy and chief clerk and confidential secretary and chief custodian, shall be in the classified service of the civil service and shall be appointed, and hold their position, in accordance with the provisions of Title 11A, Civil Service, but all other persons so appointed shall not be subject to any of the provisions of Title 11A, Civil Service, but shall be in the unclassified service. Subject to the provisions of subsection b. of this section, the salaries of the persons so appointed shall be fixed and such salaries certified to and approved under his hand shall be paid semimonthly by the county treasurer of the county in which such persons are so engaged. All other necessary expenses incurred in carrying out the provisions of this Title, when certified to and approved by the superintendent, shall be paid by the county treasurer of the county in which the superintendent shall maintain his office; provided, however, that all necessary expenses incurred by the commissioner of registration, the superintendent of elections, and the custodian of voting [machines] equipment in the counties of the first class for the proper performance of all of his duties of all his offices as set forth in Title 19, shall not exceed, in the aggregate, the sum of $2,000,000.00 for the year 1998 or that sum, as adjusted, for each year thereafter. The governing body of the county may increase the sum but the increase shall not exceed 5% or the index rate, whichever is less, over the previous year's sum. As used in this section, "index rate" means the rate of annual percentage increase, rounded to the nearest half-percent, in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services, computed and published quarterly by the United States Department of Commerce, Bureau of Economic Analysis, which annual increase shall be calculated on the basis of the second quarter which occurred in the next preceding local budget year. The Director of the Division of Local Government Services in the Department of Community Affairs shall promulgate annually, on or before October 1, the index rate to apply in the next following local budget year.
b. The superintendent shall determine the amount of the salary to be paid to each person appointed by the superintendent, and shall submit the proposed salaries to the governing body for review and approval. Following the review and approval of the governing body, the salaries shall be fixed and shall be paid to those persons pursuant to the provisions of subsection a. of this section.
(cf: P.L.2015, c.250, s.3)
9. Section 24 of P.L.1947, c.167 (C.19:32-49) is amended to read as follows:
24. In addition to the foregoing, the superintendent of elections is constituted the commissioner of registration for the county and he shall, within the county, have and exercise all the powers of, and be charged with all the duties had and exercised and required to be performed by, the superintendent of elections and the commissioner of registration in any county, including the custody and control of voting [machines] equipment heretofore or hereafter installed in the county in any manner provided by law, except those heretofore or hereafter installed in any municipality by the governing body thereof, which shall be placed and remain in the custody of the municipal clerk unless taken over by the county according to law. The deputy superintendent of elections in counties of the first class, and in counties of the second class in which the governing body has established the office of superintendent of elections for the county, is constituted the deputy commissioner of registration.
(cf: P.L.1992, c.17, s.5)
10. Section 25 of P.L.1947, c.167 (C.19:32-50) is amended to read as follows:
25. If during the fiscal year in which this act becomes effective, the board of chosen freeholders of the county shall not have made provision in its annual budget for the payment of the salaries and other expenses of the superintendent of elections and his office during such fiscal year, all appropriations made in said budget to the county board of elections, except those made for the payment of the salaries of the members of said board and the expenses of the board in connection with the functions to be performed by it during said year, notwithstanding the provisions of this act, shall be transferred and made available to the superintendent of elections for the carrying out of the powers and functions vested in him under this act, which shall include all appropriations for (a) salaries and wages, except for the salaries of the members of the board, (b) the control and conduct of permanent registration, and (c) the custody, maintenance and distribution of voting [machines] equipment.
(cf: P.L.1947, c.167, s.25)
11. Section 28 of P.L.1947, c.167 (C.19:32-53) is amended to read as follows:
28. Upon the taking effect of
such resolution the county board of elections of the county shall turn over to
the superintendent of elections all voting [machines] equipment
of the county with the keys thereto, and all records, books, binders, folders,
files, card indexes, documents and forms, used or unused, relating to or used
or useful in connection with the registration of voters, or the use of voting [machines] equipment,
in the county, together with all
racks, cabinets, furniture, equipment and supplies used or useful for the
filing, storing, repair servicing or use of the same.
(cf: P.L.1947, c.167, s.28)
12. R.S.19:50-3 is amended to read as follows:
19:50-3. [For instructing the voters on any election day there shall, so far as practicable, be provided by the county board of elections or the superintendent of elections or the municipal clerk, as the case may be, having custody of voting machines, for each polling place a mechanically operated model of a portion of the face of the machine. Such model, if furnished, shall, during the election, be located on the district election officers' table or in some other place which the voters must pass to reach the machine, and each voter shall, before entering the voting machine booth, be instructed regarding the operation of the machine and such instruction illustrated on the model, and the voter given opportunity to personally operate the model. The voter's attention shall also be called to the diagram of the face of the machine so that the voter can become familiar with the location of the questions and the names of the officers and candidates.] If any voter, before entering the voting [machine] booth, declares under oath, and establishes to the satisfaction of a majority of all the members of the district board that by reason of an inability to read or write, blindness or other physical disability he is unable to cast his vote without assistance, he shall have the assistance of two members of the board of opposite political faith, to be assigned by the board. Such members shall retire with such voter to the booth and assist him. The member acting as clerk of the district board shall make an entry on a disability certificate for assistance, which entry shall be on the form of an oath inserted in the front of the duplicate registry binders at each election.
In every instance when such oath is administered to a voter as herein provided, it shall state briefly what facts were sworn to and the names of the members of the board who aided such voter shall be signed on the form. Any members of the district board shall be eligible to assist any such voter, but no other person except as hereinafter provided shall be allowed to assist him. No member of the board shall reveal the name of any person for whom such voter has voted or anything that took place while he was being assisted.
Such voter, if blind, disabled or unable to read or write, may, in lieu of the assistance of the board as above provided, have assistance of some person of his own selection. Such person shall retire with such voter to the booth and assist him in voting. The name and address of such person shall be recorded as above. In such case, no other person than the one so selected by the voter shall be allowed to assist such voter. No person so selected shall reveal the name of any person for whom such voter has voted or anything that took place while he was being assisted.
The disability certificates shall be numbered serially 1 to 20. The commissioner of registration shall furnish sufficient disability certificates for assistance for each election district in his county which shall be inserted in the front of the duplicate registry binders.
(cf: P.L.1985, c.20, s.2)
13. R.S.19:52-1 is amended to read as follows:
19:52-1. The district boards of each election district shall meet at the polling place three-quarters of an hour before the time set for opening of the polls at each election and shall proceed to arrange the furniture, stationery and voting [machine or machines] equipment for the conduct of the election. The district boards shall then and there have the [voting machine,] ballots and stationery required to be delivered to them for such election by the officials charged by law with that duty.
The keys to the voting [machine] equipment shall be delivered to the district election officers in any manner that the county board of elections or the superintendent of elections or the municipal clerk, as the case may be, having custody of voting [machines] equipment, may determine, at least three-quarters of an hour before the time set for opening the polls, in a sealed envelope, on which shall be written or printed the number and location of the voting [machine] equipment, the number of the seal with which it is sealed, the number of the green seal with which the emergency ballot box is sealed, and the number registered on the protective counter or device, as reported by the custodian.
The envelope containing the keys shall not be opened until at least two members of the board who are not members of the same political party shall be present at the polling place and shall have examined the envelope to see that it has not been opened. Before opening the envelope all election officers present shall examine the number on the seal on the [machine] equipment and the number registered on the protective counter, and shall ascertain if they are the same as the numbers written on the envelope; and if they are not the same, the [machine] equipment must not be [opened] used until such county board of elections or such superintendent of elections or such municipal clerk, as the case may be, after due notice of such discrepancy, shall have caused such [machine] equipment to be re-examined and properly arranged by any person or persons employed or appointed pursuant to R.S.19:48-6. If the numbers on the voting [machine seal] equipment and the protective counter are found to agree with the numbers on the envelope, the district election officers shall proceed to open the doors concealing the counters, and each district election officer shall carefully examine every counter and ascertain whether or not it registers zero (000), and the same shall be subject to the inspection of official watchers.
In addition, each district election officer shall carefully examine the emergency ballot box to ascertain whether or not it is properly sealed with a numbered green seal [and examine the number to ascertain if it is the same as the number written on the voting machine key envelope.] If [the numbers are not the same] tampering is suspected, the county board of elections, the superintendent of elections, or the municipal clerk, as the case may be, shall be notified of the discrepancy.
[The machine shall remain locked against voting until the polls are formally opened and shall not be operated except by voters in voting. If any counter is found not to register zero (000) the district board shall immediately notify such county board of elections or such superintendent of elections or such municipal clerk, as the case may be, who shall, if practicable, cause such counter to be adjusted at zero (000) by any person or persons employed or appointed pursuant to R.S.19:48-6. If it shall be impracticable for such person or persons to arrive in time to so adjust such counter before the time set for opening the polls, the district election officers shall immediately make a written statement of the designating letter and number of such counter, together with the number registered thereon, and shall sign and post same upon the wall of the polling room, where it shall remain throughout election day, and in filling out the statement of canvass, they shall subtract such number from the number registered thereon at the close of the polls].
Each district election officer shall carefully examine the provisional ballot bag to ascertain that it is properly sealed with a numbered security seal and whether it has been subjected to tampering. If the elections officer discovers evidence of tampering, the county board of elections, the superintendent of elections, or the municipal clerk, as the case may be, shall be so notified immediately.
(cf: P.L.1999, c.232, s.6)
14. R.S.19:52-3 is amended to read as follows:
19:52-3. Where a voter presents himself for the purpose of voting, the election officer shall follow the procedure as now required by this title regarding the eligibility of a person to vote. If such eligibility is established, one of the district election officers shall announce the name of the voter and permit him to pass to the booth [of the voting machine] for the purpose of casting his vote. No voter shall remain in the voting [machine] booth longer than two minutes, and having cast his vote the voter shall at once emerge therefrom and leave the polling room; if he shall refuse to leave after the lapse of two minutes he shall be removed by the district election officers. Such election officers shall ascertain the name and address of each voter in the manner now provided by law before he enters the voting [machine] booth for the purpose of voting. No voter after having entered and emerged from the voting [machine] booth shall be permitted to reenter the same on any pretext whatever. Only one voter at a time shall be permitted in the voting [machine] booth to vote. However, a voter shall be permitted to be accompanied into the voting [machine] booth by a dependent child.
(cf: P.L.1994, c.154 s.2)
15. R.S.19:53-1 is amended to read as follows:
19:53-1. Any unauthorized person found in possession of any [such] voting [machine] equipment in use or to be used in any election, or keys thereof, shall be guilty of a crime of the fourth degree. Any person willfully tampering or attempting to tamper with, disarrange, deface or impair in any manner whatsoever, or destroy any [such] voting [machine] equipment while the same is in use at any election, or who shall, after such [machine] equipment is locked in order to preserve the registration or record of any election made by the same, tamper or attempt to tamper with any such voting [machine, shall be] equipment is guilty of a crime of the third degree.
(cf: P.L.2005, c.154, s.53)
16. Section 10 of P.L.1992, c.3 (C.19:53B-1) is amended to read as follows:
10. a. The county clerk or the municipal clerk, in the case of a municipal election, shall prepare an emergency ballot box packet which shall include the appropriate number of emergency ballots, the appropriate number of pre-punched single-hole white envelopes, and two tally sheets, each with a carbon duplicate copy attached. The custodian of the voting [machines] equipment shall prepare and place in each emergency ballot box an emergency ballot box packet and an envelope containing a numbered white seal and a numbered red seal. The envelope shall contain, on its face, the instructions for the use of the seals, the number and the election district location of the voting [machine] equipment to which the ballot box is attached, and the identification numbers of the white and red seals that were placed in the envelope. The emergency ballot box shall be sealed with a numbered green security seal before being shipped to each election district as provided in R.S.19:48-6.
b. For the primary for the general election, the emergency ballots shall be printed on paper of a color that matches the color of the voting authority, which shall indicate the party primary of the voter. The emergency ballots shall be uniform in size, quality and type and of a thickness that the printing thereon cannot be distinguished from the back of the paper, and without any mark, device or figure on the front or back other than as provided in this amendatory and supplementary act, P.L.1992, c.3 (C.19:53B-1 et al.).
The clerk of the county or municipality having custody of the emergency ballots shall prepare each emergency ballot package with a minimum of 30 emergency ballots for each political party. If the clerk determines, based upon the number of registered voters with party affiliations, that an election district shall require more than 30 emergency ballots per party primary, additional emergency ballots shall be delivered to that election district.
c. For the general election the emergency ballots shall be printed on paper of the color of the voting authority. The emergency ballots shall be uniform in size, quality and type and of a thickness that the printing thereon cannot be distinguished from the back of the paper, and without any mark, device or figure on the front or back other than as provided in this amendatory and supplementary act.
The clerk of the county or municipality shall prepare each emergency ballot package with a minimum of 30 emergency ballots. If the clerk determines that an election district shall require more than 30 emergency ballots based on the number of registered voters, additional emergency ballots shall be delivered to that election district.
(cf: P.L.1992, c.3, s.10)
17. Section 12 of P.L.1992, c.3 (C.19:53B-3) is amended to read as follows:
12. If for any cause [a voting machine fails to operate] the paper ballots supplied by the county clerk are unusable, the district board shall use the supply of emergency ballots that are on hand at the opening of the polls. The mode and manner of voting the emergency ballots shall in all respects conform as nearly as possible to the mode and manner of voting herein described.
b. If for any reason emergency ballots shall not be ready or available for distribution at any polling place, or if the supply of emergency ballots shall be exhausted before the polls are closed, the district board member in charge shall notify the appropriate authority that additional ballots shall be required.
(cf: P.L.1992, c.3, s.12)
18. Section 13 of P.L.1992, c.3 (19:53B-4) is amended to read as follows:
13. f it becomes necessary to use the emergency ballot box, and if the numbers on the green seal and the voting [machine] equipment key envelope were identical when previously examined as provided in R.S.19:52-1, the judge of the district board shall remove the emergency ballots and the envelope containing the numbered white and red seals from the box; shall open the envelope, remove the seals, compare the numbers on the seals with those on the face of the envelope, and note on the envelope any discrepancies; shall place the red seal back in the envelope and return the envelope to the ballot box; and shall, in an open and public manner, exhibit the emergency ballot box so that those present may see that the box is now empty except for the envelope containing the numbered red seal. The judge shall close and re-seal the emergency ballot box with the numbered white seal removed from the envelope in the box, leaving open the aperture in the lid thereof.
If the numbers on the green seal and the voting [machine] equipment key envelope were not identical when previously examined as provided in R.S.19:52-1 but the appropriate county board of elections, superintendent of elections, or municipal clerk, as the case may be, has authorized the use of the emergency ballot box, the emergency ballot box may be opened and handled in the manner prescribed above. If the appropriate county board, superintendent, or municipal clerk, as the case may be, has not yet authorized the use of the emergency ballot box, the appropriate county board, superintendent, or municipal clerk shall again be notified and the emergency ballot box shall not be opened until that county board, superintendent, or municipal clerk authorizes the use of the box.
(cf: P.L.1992, c.3, s.13)
19. Section 14 of P.L.1992, c.3 (C.19:53B-5) is amended to read as follows:
14. After the district board ascertains that a voter is properly registered and qualified to vote, the member of the board charged with maintaining the signature copy register shall require the voter to sign the signature copy register and shall have the voter sign the part of the two-part perforated voting authority that shall remain bound in the pad. The member shall record the voting authority number in the proper column of the signature copy register, except that in a primary for the general election, the member shall also record the party primary in which the voter voted.
In the proper columns, the voter shall sign the reverse side of the signature copy register and the board member shall initial the signature of the voter.
After the voter signs the voting authority, the member of the board in charge of the signature copy register shall give the voter the unsigned portion of the two-part voting authority. The voter shall return that portion to the district election board member in charge of the operation of the voting [machine] equipment at that time. The member shall place each authority in consecutive order on a string or wire prior to furnishing a voter with an emergency ballot and a plain white single-hole punched envelope.
No emergency ballot shall be handed to a voter until there is a polling booth ready for occupancy or, if a booth is unusable, the area designated for voters to mark the emergency ballot is ready. If a voting area is used, the voter shall be provided with a privacy screen at the same time that the emergency ballot is provided.
The inspector shall instruct the voter how to place the voted emergency ballot into the pre-punched single-hole plain white envelope.
(cf: P.L.1992, c.3, s.14)
20. Section 19 of P.L.1992, c.3 (C.19:53B-10) is amended to read as follows:
19. After voting the emergency ballot and before leaving the polling booth or the designated voting area, as the case may be, the voter shall place the voted emergency ballot in the pre-punched single-hole plain white envelope. The voter shall seal the envelope and shall retain custody of the envelope until the member of the board having charge of the voting [machine] equipment at that time is ready to accept the envelope.
(cf: P.L.1992, c.3, s.19)
21. Section 20 of P.L.1992, c.3 (C.19:53B-11) is amended to read as follows:
20. The voter shall hand the sealed envelope to the member of the election board having charge of the voting [machine] equipment. The member shall keep the sealed white envelope in full view of the voter, the other district board members and all other persons present until it is deposited in the ballot box. The voter may also take hold of the envelope, with that member of the board, until the emergency ballot is deposited into the emergency ballot box.
(cf: P.L.1992, c.3, s.20)
22. Section 21 of P.L.1992, c.3 (C.19:53B-12) is amended to read as follows:
21. The right to challenge a voter who uses the emergency ballot shall exist until the emergency ballot is deposited in the emergency ballot box. If the right of a person to vote is challenged, the same procedures shall be used as prescribed when the right of a person to cast a vote [on an electronic voting machine] by paper ballot is challenged.
(cf: P.L.2004, c.88, s.21)
23. Section 29 of P.L.1992, c.3 (C.19:53B-20) is amended to read as follows:
29. When district board members have processed both voted and non-voted emergency ballots, the ballots shall remain sealed within the box for a period of 15 calendar days, which shall begin on the first business day after the day of the election, except that if a judge of the Superior Court issues a court order to open the box within the 15-day period, the box shall be opened.
On the first business day after the 15-day period, the custodian of the voting [machines] equipment shall break the numbered security seals and the emergency ballot boxes shall be opened. All voted emergency ballots located within an emergency ballot box shall be removed from the box and shall be placed in a container or an envelope and sealed. The front of each container or envelope shall contain the number of the voting [machine] equipment, the name of the municipality and the ward or district number where the [machine] equipment was located during the election. The commissioner of registration shall preserve the containers or envelopes and the contents of the containers or envelopes for a period of two years from the date that the election occurred.
(cf: P.L.1992, c.3, s.29)
24. Section 14 of P.L.1981, c.379 (C.40:45-18) is amended to read as follows:
14. Notwithstanding the provisions of section 13 of P.L.1981, c.379 (C.40:45-17), if the voters of any municipality shall adopt the proposition of holding run-off elections in the municipality, either prior to or subsequent to May 2, 1990, at the regular municipal election held in that municipality the candidates receiving the greatest number and a majority of votes cast shall be elected to the respective offices, except that if:
a. Nine councilmen-at-large (or commissioners, or village trustees) are to be elected and four or more candidates for that office receive a majority of the votes cast, the nine candidates receiving the greatest number of votes shall be elected; or
b. Eight councilmen-at-large (or commissioners, or village trustees) are to be elected and four or more candidates for that office receive a majority of the votes cast, the eight candidates receiving the greatest number of votes shall be elected; or
c. Seven councilmen-at-large (or commissioners, or village trustees) are to be elected and three or more candidates for that office receive a majority of the votes cast, the seven candidates receiving the greatest number of votes shall be elected; or
d. Six councilmen-at-large (or commissioners, or village trustees) are to be elected and three or more candidates for that office receive a majority of the votes cast, the six candidates receiving the greatest number of votes shall be elected; or
e. Five councilmen-at-large (or commissioners, or village trustees) are to be elected and two or more candidates for that office receive a majority of the votes cast, the five candidates receiving the greatest number of votes shall be elected; or
f. Four councilmen-at-large (or commissioners, or village trustees) are to be elected and two or more candidates for that office receive a majority of the votes cast, the four candidates receiving the greatest number of votes shall be elected; or
g. Three councilmen-at-large (or commissioners, or village trustees) are to be elected and one or more candidates for that office receive a majority of the votes cast, the three candidates receiving the greatest number of votes shall be elected; or
h. Two councilmen-at-large (or commissioners, or village trustees) are to be elected and one or more candidates for that office receive a majority of the votes cast, the two candidates receiving the greatest number of votes shall be elected.
For the purpose of this section, the number constituting a majority of the votes cast shall be computed by dividing by two the number of voters who cast a vote for at least one candidate for councilman-at-large (or commissioner, or village trustee) and then adding one. [Voting machines to be used in the election shall be equipped, as soon as practicable, with one or more counters so connected as to keep a tally of the number of voters who cast votes for one or more of the candidates for councilman-at-large (or commissioner, or village trustee). Until suitable counters have been provided, or whenever] Whenever the tally of the number of voters cannot be determined for any reason, then the number constituting the majority of the votes cast shall be computed by adding all the votes cast for each candidate for that office, dividing that total by twice the number of councilmen-at-large (or commissioners, or village trustees) to be elected and then adding one.
(cf: P.L.1995, c.97, s.2)
25. Section 3 of P.L.2015, c.249 (C.40A:4-45.45b) is amended to read as follows:
3. a. A budget request submitted to the county governing body by a county entity budget authority on behalf of a county entity shall be comprised of two parts: the amount to be raised by property taxation, and the amount to be funded wholly through federal or State funds, fees raised by the county entity, or other sources.
b. In the preparation of the portion of its budget request to be raised by property taxation, a county entity budget authority shall limit any increase in that portion of its budget request to 2.0% of the previous year's budget request, subject to the exclusions set forth in subsection b. of section 10 of P.L.2007, c.62 (C.40A:4-45.45), except that election expenses shall be exempt from the requirements of this subsection. For purposes of this subsection, "election expenses" shall mean and include all necessary expenses incurred by the superintendent of elections, county clerk, and board of elections for each county related to election costs and the administration, preparation, and implementation of all elections, including all vendor related contract services; voting [machine] equipment maintenance, repairs[,] and parts [and equipment], certification, and technical coding; transportation of voting [machines] equipment and election supplies; overtime for all staff related to election duty; food services during election; poll workers, [machine] equipment technicians, and other temporary workers; supplies; office equipment; printing; postage; advertisement costs, upon being certified to by the superintendent of elections, county clerk, and board of elections for each county; but shall not mean or include staff salaries for the office of the superintendent of elections, staff salaries for the county clerk, or staff salaries for the county board of elections.
c. Nothing in P.L.2015, c.249 (C.40A:4-45.45b et al.) shall diminish the obligations of a county under a collective bargaining agreement with its employees in force on the effective date of P.L.2015, c.249 (C.40A:4-45.45b et al.).
(cf: P.L.2015, c.249, s.3)
26. R.S.19:15-17 is amended to read as follows:
19:15-17. a. (1) The comparison of signatures of a voter made upon registration and upon election day, and if the voter alleges his inability to write, the comparison of the answers made by such voter upon registration and upon election day, shall [be had] occur in full view of the challengers.
(2) The examination of any document concerning proof of identification of a voter, set forth in subsection b. of this section, made upon election day shall occur in full view of the challengers.
b. (1) If a voter has registered by mail after January 1, 2003 to vote for the first time in his or her current county of residence and did not provide personal identification when registering pursuant to section 16 of P.L.1974, c.30 (C.19:31-6.4), the voter shall be permitted to vote starting at the first election held after January 1, 2004 at which candidates are seeking federal office after displaying one of the following items: [(1)] a current and valid photo identification card; [(2)] a current utility bill, bank statement, government check or pay check; [(3)] any other government document that shows the voter's name and current address; or [(4)] any other identifying document that the [Attorney General] Secretary of State has determined to be acceptable for this purpose.
(2) In addition to the display of documentation as may be required by paragraph (1) of this subsection, beginning with the first election held after January 1, 2018, regardless of when the voter registered and the method of registration, the voter shall be permitted to vote, unless otherwise exempt pursuant to this subsection, only by displaying a document as valid proof of identification, which may be a New Jersey driver's license, New Jersey nondriver's identification card, or other document, that includes all of the following criteria:
(a) the name of the voter to whom the document was issued, and which conforms to the name under which the voter is registered and from whom the signature is produced for making comparisons of signatures;
(b) a photograph of the voter to whom the document was issued;
(c) an expiration date that has either not expired, or expired only after the date of the most recent election; and
(d) was issued by the federal government or this State.
A voter shall be required to display only one document with respect to paragraphs (1) and (2) of this subsection, if that document satisfies the identifying document criteria set forth in both paragraphs.
(3) If the voter does not display [one of these documents,] a document in accordance with paragraph (1) or (2) of this subsection, or the validity of a document is subject to challenge after examination, the voter shall not be permitted to vote by [machine] paper ballot but shall instead be provided with a provisional ballot, pursuant to the provisions of P.L.1999, c.232 (C.19:53C-1 et seq.); except that a voter who does not display a document in accordance with paragraph (2) of this subsection due to a religious objection to being photographed shall be permitted to vote by paper ballot if the voter establishes an exemption due to a religious objection by executing a sworn affidavit as to the religious objection.
This subsection shall not apply to any voter entitled to vote by absentee ballot under the "Uniformed and Overseas Citizens Absentee Voting Act" [(42 U.S.C. 1973ff-1 et seq)] (52 U.S.C. 20302 et seq) or to any voter who is provided the right to vote other than in person under section 3 of Pub.L.98-435 (52 U.S.C. 20104), the "Voting Accessibility for the Elderly and Handicapped Act," or any other voter entitled to vote otherwise than in person under any other federal law. [This subsection shall also not apply to any person who registers to vote by appearing in person at any voter registration agency or to any person whose voter registration form is delivered to the county commissioner of registration or to the Attorney General, as the case may be, through a third party by means other than by mail delivery.]
c. Each county commissioner of registration shall collect and maintain, in the manner prescribed by the [Attorney General] Secretary of State, the information provided pursuant to subsection b. of this section and section 16 of P.L.1974, c.30 (C.19:31-6.4). Access to the personal identification information provided pursuant to subsection b. of this section and section 16 of P.L.1974, c.30 (C.19:31-6.4) [.] shall be prohibited, in accordance with subsection a. of section 6 of P.L.2001, c.404 (C.47:1A-5).
(cf: P.L.2004, c.88, s.9)
27. R.S.19:7-5 is amended to read as follows:
19:7-5. Such challengers shall be the authorized challengers for their respective political parties and candidates or for the proponents or opponents of a public question. They shall have the power to challenge the right to vote therein of any person claiming such right and shall have power to examine any document presented concerning proof of identification of that person and to ask all necessary questions to determine this right. They may be present while the votes cast at any election are being counted, hear and see the ballots counted and shall have the right and power to challenge the counting or rejecting of any ballot or any part of a ballot.
(cf: P.L.1956, c.66, s.4)
28. R.S.19:15-18 is amended to read as follows:
19:15-18. The members of the district boards and any duly authorized challenger, respectively, shall at any election challenge every person who shall claim to have a right to vote therein whom they or he shall know, suspect or believe not to be qualified or entitled to so vote, and said members of the district board or challenger shall have the power and right to examine any document concerning proof of identification of that person and to ask all questions which are suitable and necessary to determine such person's right.
No member of the district board and no duly authorized challenger shall, however, challenge, delay or prevent the right to vote of any person because of that person's race, color, national origin, expected manner of casting a vote or residence in a particular ward, housing complex or section of a municipality or county, provided that nothing herein shall be construed to prohibit a challenge based upon the failure of the challenged voter to meet the applicable statutory residency qualification for voting in the particular election district. Any member of the district board or duly authorized challenger who violates this section is guilty of a disorderly persons offense.
(cf: P.L.1991, c.249, s.1)
29. Section 2 of P.L.1991, c.249 (C.19:15-18.1) is amended to read as follows:
2. a. Any voter whose name does not appear on a challenge list prepared by the superintendent of elections of the county but who is challenged as not qualified or entitled to vote by a duly authorized challenger or by a member of a district board of elections shall be permitted to establish his right to vote by:
(1) signing an affidavit which states the voter's qualifications to vote on forms to be supplied by the superintendent of elections in those counties having a superintendent of elections or by the commissioner of registration in all other counties, and;
(2) presenting for inspection [a suitable] a provisional identifying document, [which] if having displayed a document as valid proof of identification in accordance with subsection b. of R.S.19:15-17 or having executed an affidavit as to a religious objection to being photographed as an exemption to the identification requirement, but the validity of this previously displayed document or executed affidavit is the subject of the challenge. The provisional document may be, but is not limited to, the following:
(a) [a valid New Jersey driver's license;] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
(b) a sample ballot which lists the voter's name and address;
(c) an official federal, State, county or municipal document which lists the voter's name and address;
(d) a utility or telephone bill or tax or rent receipt dated; or
(e) a piece of mail postmarked, on or after the 60th day before the day of the election at which the voter is challenged.
b. A copy of the affidavit signed by the challenged voter shall be given to that person.
c. The affidavit, or a form attached to it, shall state:
(1) the means by which a person whose name does not appear on a challenge list prepared by the superintendent of elections of the county but who is challenged by a duly authorized challenger or by a member of the district board of elections may seek to establish the person's right to vote, as provided in subsection a. of this section;
(2) that a challenger who succeeds in denying a voter the right to vote must sign an affidavit stating the reason why the voter is not entitled to vote and must furnish a copy of the affidavit to the challenged voter, as provided in section 3 of P.L.1991, c.249 (C.19:15-18.2);
(3) the legal remedy which a person whose name does not appear on a challenge list prepared by the superintendent of elections of the county but who is challenged by a duly authorized challenger or by a member of the district board of elections and denied the right to vote may use to seek permission to vote, as provided in section 6 of P.L.1991, c.249 (C.19:15-18.3).
d. In counties in which the primary language of 10% or more of the registered voters is Spanish, the affidavit and instructions for its completion and the information required by subsection c. of this section shall appear in both English and Spanish.
(cf: P.L.1991, c.249, s.2)
30. Section 3 of P.L.1991, c.249 (C.19:15-18.2) is amended to read as follows:
3. If a person whose name does not appear on a challenge list prepared by the superintendent of elections of the county is challenged as not qualified or entitled to vote by a duly authorized challenger or by a member of the district board of elections and if this challenge is sustained by the district board of elections, the person making the challenge shall specify the grounds for the challenge in a signed affidavit on forms to be supplied by the superintendent of elections in those counties having a superintendent of elections or by the county clerk in all other counties. This document also shall state that the challenged voter has sought to establish his right to vote by signing an affidavit which states the challenged voter's qualifications to vote and by presenting [a suitable] provisional identifying document in accordance with paragraph (2) of subsection a. of section 2 of P.L.1991, c.249 (C.19:15-18.1), the [identity] description of which shall be specified [by the challenger] in the document, in those cases in which the challenged voter is being challenged based upon the validity of a document displayed as proof of identification in accordance with subsection b. of R.S.19:15-17 or the validity of an executed affidavit of religious objection to being photographed as an exemption in accordance with paragraph (3) of that subsection. A copy of the challenger's affidavit shall be given to the challenged voter.
(cf: P.L.1991, c.249, s.3)
31. Section 6 of P.L.1991, c.249 (C.19:15-18.3) is amended to read as follows:
6. Any person whose name does not appear on a challenge list prepared by the superintendent of elections of the county but who is challenged and denied the right to vote on the day of a municipal, primary, general, or special election by a duly authorized challenger or by a member of a district board of elections, may apply to a Superior Court judge sitting at the county seat for permission to vote. No papers need be filed; the court shall entertain oral applications. The challenged voter may appear pro se or with counsel. The challenger or the member of the district board, as the case may be, may appear or be represented by counsel. The challenged voter shall be permitted to state by oath or affirmation the facts which the voter believes establish eligibility to vote, shall furnish a copy of the affidavit the voter signed when challenged, a copy of the affidavit signed by the challenger and, if being challenged based on the display of a document as valid proof of identification in accordance with subsection b. of R.S.19:15-17 or based upon the validity of an executed affidavit for an exemption due to a religious objection to being photographed with respect to paragraph (3) of that subsection, the identifying document found invalid by the challenger and the district board. The rules of evidence shall not apply to those proceedings. The judge shall grant the application and provide the challenged voter with written authorization to vote on that day if the judge finds the following facts to be established by the testimony of the applicant or, in the case of a dispute of facts or some questions as to the challenged voter's credibility, by a preponderance of the following evidence:
a. The challenged voter is at least 18 years old and a citizen of the United States and of this State, has resided in the county at least 30 days prior to the date of the election, and has not been convicted of a crime which would disenfranchise a person under the laws of this State, and [either]:
b. The challenged voter is properly registered at his location; [or]
c. The challenged voter was properly registered at his location as of the last election at which the challenged voter voted but has moved to another location within the county since then and in good faith attempted to register at the new address within the time prescribed by law; or
d. The challenged voter has produced a document as valid proof of identification or a valid executed affidavit of religious objection to being photographed as an exemption from the identification requirement of subsection b. of R.S.19:15-17 in accordance with paragraph (3) of that subsection.
For the purposes of this section, a good faith attempt to register shall include: completing the prescribed registration form no later than 21 days before the election in the presence of a person who appears to be over 18 years old and says that he or she can and will witness the form and mail it to the register for the applicant; completing a form received in the mail from the commissioner of registration, superintendent of elections or the county board which states that information has been received that the applicant has moved and placing the completed form in a proper mailbox with proper postage, if necessary, no later than 21 days before the election; completing a registration form in any government office; and reasonably relying upon the oral statements of an official at a polling place that they will insure proper reregistration.
The judge of the Superior Court having the application shall cause a full record of the proceeding to be taken stenographically, transcribed and filed in the office of the county clerk of the county, which record shall be open and public record. All costs and expenses of such proceedings shall be paid by the county.
(cf: P.L.2005, c.139, s.5)
32. R.S.19:15-22 is amended to read as follows:
19:15-22. Upon any question or challenge of a voter duly registered it shall be the duty of the board, and the privilege of all its members, to examine any document presented concerning proof of identification and to put all such questions as are proper to determine the right of the voter to vote.
(cf: R.S.19:15-22)
33. R.S.19:15-23 is amended to read as follows:
19:15-23. In municipalities having permanent registration, if a voter is challenged, the board, in addition to examining any document presented concerning proof of identification of the voter, shall ask him the questions which were asked him upon registration, the answers to which appear on the signature copy register and if the answers do not correspond a note of such fact shall be entered in the column of the poll book entitled "remarks". If the document of the voter appears invalid, or the signatures of the voter or the answers to the questions made by the voter do not correspond, then it shall be the privilege of the challengers to challenge, and the duty of each member of the district board to challenge, unless some other authorized person shall challenge.
(cf: R.S.19:15-23)
34. R.S.19:15-24 is amended to read as follows:
19:15-24. The district boards shall not give a ballot to any person unless they shall be satisfied that such person is in all respects qualified and entitled to vote; and for the purpose of satisfying themselves as to the right of any person who shall claim a right to vote they shall have power to examine such person, and any other person or persons, under oath or affirmation, touching such right, except as hereinbefore restricted. The board shall determine the right of the voter to vote, after making use of, and giving due weight to, the evidence afforded by his document presented concerning proof of identification in accordance with subsection b. of R.S.19:15-17, and his signature, if any, such answers after examination as provided herein, [and an] any affidavit which states the challenged voter's qualifications to vote and [a suitable] any identifying document, as provided under section 2 of P.L.1991, c.249 (C.19:15-18.1). If any member of the board shall give or assent to give a ballot to any person challenged, without requiring him to take the oath or affirmation hereinbefore prescribed to be made upon such challenge, and the person shall not be qualified and entitled to vote, the member so giving or assenting to give a ballot, shall be deemed to have given to such person a ballot, knowing it to be illegal. The question as to the giving of the ballot to the person shall be put in the following form: "Shall a ballot be given to this person by this board?"
If a majority of the board shall decide to give a ballot to such voter or in case of a tie vote, the voter shall be given a ballot and allowed to vote. If a majority of the board shall decide against giving a ballot to the voter no ballot shall be given, but in the case of a voter who is denied a ballot because the board finds that the voter did not display a document as valid proof of identification in accordance with subsection b. of R.S.19:15-17, or did not provide a valid executed affidavit of religious objection to being photographed as an exemption from this requirement in accordance with paragraph (3) of that subsection, that voter shall be provided with a provisional ballot pursuant to the provisions of P.L.1999, c.232 (C.19:53C-1 et al.).
[The] Except with respect to a person who is herein provided a provisional ballot for failing to display a document as valid proof of identification or to provide an executed affidavit of religious objection to being photographed as an exemption to the identification requirement, the board upon demand of a member of the board or any other citizen shall forthwith issue a warrant for the arrest of [such] a person denied a ballot and deliver the same to a peace officer, who shall forthwith arrest him[, and the].
The right to challenge voters shall exist until the ballot shall have been deposited in the ballot box. Every such challenge and the determination of the board shall in every instance be recorded in the signature comparison record, in the column "Sig. Comp. by," used at the election at which the challenge has been made.
Any member of a district board who refuses or neglects to comply with the provisions of this section may be summarily removed from office by the county board, or any judge of the Superior Court assigned to the county.
(cf: P.L.1991, c.249, s.5)
35. Section 2 of P.L.1994, c.170 (C.19:31-3.3) is amended to read as follows:
2. The commissioner may eliminate the use of the duplicate permanent registration binders and may authorize and direct the use at the polls in place of such a binder, as a signature copy register for the purposes of this Title and Title 40 of the Revised Statutes, of a polling record which identifies on each page the election at which the record is used, which indicates for each registrant the name, address, and date of birth of the registrant and identifies the municipality and the particular election district therein from which the person is registered, and which includes adjacent to the registrant's name and address an imprint of the digitalized image of the registrant's signature and sufficient space, immediately to the left or right of that imprint, for the registrant to sign the record, which imprint and signature shall be used as the signature comparison record as prescribed by this Title. The polling record shall also include for each registrant the registrant's date of birth, an indication of whether the registrant has applied for a mail-in ballot in that election, and a place to indicate [whether] that the registrant has provided the identification pursuant to R.S.19:15-17 [, if such identification is required]. The polling record shall also include for each registrant sufficient space for the notation of remarks as provided by R.S.19:15-23 and for the recording of any challenge and the determination thereof by the district board as provided by R.S.19:15-24, or by other elections officials charged with the same duties as the district board in connection with the conduct of an election. In the case of a primary election, the polling record shall also indicate for each registrant the political party, if any, of which the registrant is a member for the purpose of voting at that primary election.
Polling records for each election shall be prepared by the commissioner of registration not later than the 10th day preceding the election. At each election, the delivery of the polling records to the municipal clerk and to the district boards or other elections officials charged with the same duties as the district board in connection with the conduct of an election, and the return of those records by the district boards or such other elections officials to the commissioner of registration, shall be made in the manner prescribed by the commissioner.
The commissioner of registration shall retain the polling records for any election for a period of not less than six years following that election.
(cf: P.L.2009, c.79, s.31)
36. R.S.19:31-5 is amended to read as follows:
19:31-5. Each person, who is at least 17 years of age at the time he or she applies for registration, who resides in the district in which he or she expects to vote, who will be of the age of 18 years or more on or before the first election in which he or she expects to vote, who is a citizen of the United States, and who, if he or she continues to reside in the district until that election, will at the time have fulfilled all the requirements as to length of residence to qualify him or her as a legal voter, shall, unless otherwise disqualified, be entitled to be registered in such district. Each 17-year-old registrant shall be designated in the Statewide voter registration system as temporarily ineligible to vote until the registrant's 18th birthday.
Whenever an individual registers by mail after January 1, 2003 to vote for the first time in his or her current county of residence, that individual shall provide either the individual's New Jersey driver's license number or the last four digits of the individual's Social Security Number, or shall submit with the voter registration form a copy of: (1) a current and valid photo identification card; (2) a current utility bill, bank statement, government check or pay check; (3) any other government document that shows the individual's name and current address; or (4) any other identifying document that the [Attorney General] Secretary of State has determined to be acceptable for this purpose. If the individual does not provide his or her New Jersey driver's license number or Social Security Number information or submit a copy of any one of these documents, either at the time of registration or at any time thereafter prior to attempting to vote, the individual, pursuant to paragraph (1) of subsection b. of R.S.19:15-17, shall be asked for identification when voting for the first time starting at the first election held after January 1, 2004 at which candidates are seeking federal office or thereafter.
Starting with the first election held after January 1, 2018, and thereafter, regardless of when an individual registered, the method of voter registration, and any identifying information provided with the voter registration form, the individual shall be permitted to vote only after displaying a document as valid proof of identification in accordance with paragraph (2) of subsection b. of R.S.19:15-17, or by executing an affidavit as to a religious objection to being photographed as an exemption from this requirement in accordance with paragraph (3) of that subsection.
[This requirement] The requirements herein concerning documented voter identification shall not apply to any individual entitled to vote by absentee ballot under the "Uniformed and Overseas Citizens Absentee Voting Act" [(42 U.S.C. 1973ff-1 et seq.)] (52 U.S.C. 20302) or to any individual who is provided the right to vote other than in person under section 3 of Pub.L.98-435 (52 U.S.C. 20104), the "Voting Accessibility for the Elderly and Handicapped Act," or any other voter entitled to vote otherwise than in person under any other federal law. [This requirement shall also not apply to any individual who registers to vote by appearing in person at any voter registration agency or to any individual whose voter registration form is delivered to the county commissioner of registration or to the Attorney General, as the case may be, through a third party by means other than by mail delivery.]
Once registered, the registrant shall not be required to register again in such district as long as he or she resides therein, except when required to do so by the commissioner, because of the loss of or some defect in his or her registration record.
The registrant, when registered as provided in this Title, shall be eligible to vote at any election to be held subsequent to such registration, if he or she shall be a citizen of the United States of the age of 18 years and shall have been a resident of the State for at least 30 days and of the county at least 30 days, when the same is held, subject to any change in his qualifications which may later disqualify him. No registrant shall lose the right to vote, and no registrant's name shall be removed from the registry list of the county in which the person is registered, solely on grounds of the person's failure to vote in one or more elections.
(cf: P.L.2015, c.222, s.1)
37. Section 16 of P.L.1974, c.30 (C.19:31-6.4) is amended to read as follows:
16. a. The Secretary of State shall cause to be prepared and shall provide to each county commissioner of registration forms of size and weight suitable for mailing, which shall require the information required by R.S.19:31-3 in substantially the following form:
VOTER REGISTRATION APPLICATION
Print clearly in ink. Use ballpoint pen or marker.
(1) This form is being used as (check one):
[]New registration
[]Address change
[]Name change
(2) Name:.....................................................
Last First Middle
(3) Are you a citizen of the United States of America?[]Yes[]No
(4) Will you be 18 years of age on or before election day?[]Yes[] No
If you checked 'No' in response to either of these questions, do not complete this form.
(5) Street Address where you live:
.........................................................
Street Address Apt. No.
.........................................................
(6) City or Town County Zip Code
(7) Address Where You Receive Your Mail (if different from above):
............................................................
(8) Date of Birth:
......................................................
Month Day Year
(9) (a) Telephone Number (optional)......................
(b) E-Mail Address (optional).....................
(10) Name and address of Your Last Voter Registration
............................................................
............................................................
............................................................
(11) If you are registering by mail to vote and will be voting for the first time in your current county of residence, please provide one of the following:
(a) your New Jersey driver's license number:................................
(b) the last four digits of your Social Security Number....................
OR submit with this form a copy of any one of the following documents: a current and valid photo identification card; a current utility bill, bank statement, government check, pay check or any other government or other identifying document that shows your name and current address. If you do not provide either your New Jersey driver's license number or the last four digits of your Social Security Number, or enclose a copy of one of the documents listed above, you will be asked for identification when voting for the first time, unless you are exempt from doing so under federal or State law.
(12) Do you wish to declare a political party affiliation? (Optional):
[] YES. Name of Party:
[] NO. I do not wish to declare a political party affiliation at this time.
(13) Declaration - I swear or affirm that:
I am a U.S. citizen.
I live at the above address.
I will be at least 18 years old on or before the day of the next election.
I am not on parole, probation or serving a sentence due to a conviction for an indictable offense under any federal or State laws.
I UNDERSTAND THAT ANY FALSE OR FRAUDULENT REGISTRATION MAY SUBJECT ME TO A FINE OF UP TO $15,000, IMPRISONMENT UP TO FIVE YEARS, OR BOTH PURSUANT TO R.S.19:34-1.
...........................................................
Signature or mark of the registrant Date
(14) If applicant is unable to complete this form, print the name and address of individual who completed this form.
...................................................
Name
...................................................
Address
In addition, the form may include notice to the applicant of information and options relating to the registration and voting process, including but not limited to notice of qualifications required of a registered voter; notice of the final day by which a person must be registered to be eligible to vote in an election; notice of the effect of a failure to provide required identification information; a place at which the applicant may indicate availability for service as a member of the district board of elections; a place at which the applicant may indicate whether he or she requires a polling place which is accessible to individuals with disabilities and the elderly or whether he or she is legally blind; a place at which the applicant may indicate a desire to receive information concerning absentee voting; and if the application indicates a political party affiliation, the voter is permitted to vote in the primary election of a political party other than the political party in which the voter was affiliated previously only if the voter registration form with the change of political party affiliation is filed prior to the 50th day next preceding the primary election. The form may also include a space for the voter registration agency to record whether the applicant registered in person, by mail or by other means.
b. The reverse side of the registration form shall bear the address of the Secretary of State or the commissioner of registration to whom such form is supplied, and a United States postal permit the charges upon which shall be paid by the State.
c. The Secretary of State shall cause to be prepared registration forms of the size, weight and form described in subsection a. of this section in both the English and Spanish language and shall provide such forms to each commissioner of registration of any county in which there is at least one election district in which bilingual sample ballots must be provided pursuant to R.S.19:14-21, R.S.19:49-4 or section 2 of P.L.1965, c.29 (C.19:23-22.4).
d. The commissioner of registration shall furnish such registration forms upon request in person to any person or organization in such reasonable quantities as such person or organization shall request. The commissioner shall furnish no fewer than two such forms to any person upon request by mail or by telephone.
e. Each such registration form shall have annexed thereto instructions specifying the manner and method of registration and stating the qualifications for an eligible voter.
f. The Secretary of State shall also furnish such registration forms and such instructions to the Director of the Division of Workers' Compensation, the Director of the Division of Employment Services, and the Director of the Division of Unemployment and Temporary Disability Insurance in the Department of Labor and Workforce Development; to the Director of the Division of Taxation in the Department of the Treasury; to the Executive Director of the New Jersey Transit Corporation; to the appropriate administrative officer of any other public agency, as defined by subsection a. of section 15 of P.L.1974, c.30 (C.19:31-6.3); to the Adjutant General of the Department of Military and Veterans' Affairs; and to the chief administrative officer of any voter registration agency, as defined in subsection a. of section 26 of P.L.1994, c.182 (C.19:31-6.11).
g. All registration forms received by the Secretary of State in the mail or forwarded to the Secretary of State shall be forwarded to the commissioner of registration in the county of the registrant.
h. An application to register to vote received from the New Jersey Motor Vehicle Commission or a voter registration agency, as defined in subsection a. of section 26 of P.L.1994, c.182 (C.19:31-6.11), shall be deemed to have been timely made for the purpose of qualifying an eligible applicant as registered to vote in an election if the date on which the commission or agency shall have received that document in completed form, as indicated in the lower right hand corner of the form, was not later than the 21st day preceding that election.
i. Each commissioner of registration shall [make] note in the permanent registration file of each voter [who is required to provide] the personal identification information required pursuant to this section, as amended, and R.S.19:15-17, R.S.19:31-5 and Pub.L.107-252 (42 U.S.C. s.15301 et seq.), [to] and indicate the type of identification provided by the voter and the date on which it is provided. Prior to the June 2004 primary election, when such a newly registered voter seeks to vote for the first time following his or her registration, the voter will be required to provide such personal identification information. Beginning with the June 2004 primary election, when such a newly registered voter seeks to vote for the first time following his or her registration, the voter will not be required to provide such information if he or she had previously provided the personal identification information required pursuant to this section. Beginning with the first election held after January 1, 2018, regardless of whether the newly registered voter is required to provide personal identification information the first time the voter seeks to vote following his or her registration, and each time voting thereafter, the voter shall provide personal identification information through valid documentation in accordance with paragraph (2) of subsection b. of R.S.19:15-17, or provide an executed affidavit as to a religious objection to being photographed as an exemption from this requirement in accordance with paragraph (3) of that subsection. The required information shall be collected and stored for the time and in the manner required pursuant to regulations promulgated by the Secretary of State.
j. The Secretary of State shall amend the voter registration application form if necessary to conform to the requirements of applicable federal or State law.
k. In the event that the name of any political party entered on the voter registration form by a voter who wishes to declare a political party affiliation is not legible, the commissioner of registration shall mail the voter a political party declaration form and a letter explaining that the voter's choice was not understood and that the voter should complete and return the declaration form in order to be affiliated with a party.
(cf: P.L.2009, c.287, s.1)
38. R.S.19:31-11 is amended to read as follows:
19:31-11. a. In all counties within the State, change of residence notices shall be made by a written request, signed by the registrant, forwarded to the commissioner by mail, and actually received by the commissioner, or by calling in person at the office of the commissioner or the municipal clerk. The commissioner shall provide change of residence notices in card form for the use of any registered voter moving to another address within the same election district or to another election district within the same county. Copies of these notices shall also be available at the office of the municipal clerk in each municipality. Each municipal clerk shall transmit daily to the commissioner all the filled out change of residence notices that may be in the municipal clerk's office at the time. These notices shall be printed upon cards, shall contain a blank form showing where the applicant last resided and the address and exact location to which the applicant has moved and shall have a line for the applicant's signature, printed name and date of birth. Upon receipt of such change of residence notice the commissioner shall cause the signature to be compared with the registration forms of the applicant and, if such signature appears to be of and by one and the same legal voter, the commissioner shall cause the entry of the change of residence to be made on those registration forms and the registrant shall thereupon be qualified to vote in the election district to which the registrant shall have so moved. If the commissioner is not satisfied as to the signature on the request for a change of residence, a confirmation notice as prescribed by subsection d. of R.S.19:31-15 shall be sent by mail with postage prepaid to the registrant at the new address.
The application for change of residence shall be filed with the commissioner or municipal clerk, as the case may be, on or before the 21st day preceding any election.
b. In any county any voter who, prior to an election, shall move within the same county after the time above prescribed for filing an application for change of residence without having made application for change of residence, or who has not returned a confirmation notice sent to the voter by the commissioner of registration of the county, if such a notice has been sent to the voter, or who has not moved since the previous election but whose registration information is missing or otherwise deficient, or has otherwise failed to notify the commissioner of registration of the voter's change of address within the county, shall be permitted to vote in that election in the district to which the voter has moved, upon making a written affirmation regarding the change of address at the polling place of the district in which the voter resides on the day of the election. [No identifying] Beginning with the first election held after January 1, 2018, the voter shall present a document [shall be required from the voter], as described in paragraph (2) of subsection b. of R.S.19:15-17, as valid proof of voter identification, or as described in paragraph (3) of that subsection as an executed affidavit as to a religious objection to being photographed as an exemption from this identification requirement, for this affirmation. A district board member shall provide the voter with a provisional ballot, and an envelope with an affirmation statement that conforms with the requirements for such documents contained in subsection b. of section 7 of P.L.1999, c.232 (C.19:53C-1). The voter shall complete the provisional ballot and affirmation statement, place the ballot in the envelope, seal and return it to the district board member. The board member shall review the information in the affirmation statement for completeness before forwarding it for inspection, tabulation and notation by the county board of elections, as provided for by sections 7 through 26 of P.L.1999, c.232 (C.19:53C-1 through C.19:53C-20). The affirmation statement shall constitute a transfer to the registrant's new residence for any subsequent election. However, if the voter has moved from one residence to another within the same election district at any time, the voter shall be permitted to vote in such election district at any election in the same manner as other voters at the polling place upon written affirmation by the registrant to the district board member of the registrant's change of address.
c. A voter who moves from an election district in one county to an election district in another county prior to the close of registration preceding an election shall register in the new county of residence, in accordance with the provisions of R.S.19:31-6, in order to be permitted to vote.
(cf: P.L.2005, c.139, s.13)
39. R.S.19:31-26 is amended to read as follows:
19:31-26. The commissioner may make and maintain a card index file showing on separate cards the full name, address, birth date, driver's license number, nondriver's identification card number, last four digits of the social security number, or unique identifying number, municipality, ward and district, registration number and date of registration of each person registered in his county. This file shall be arranged alphabetically according to names irrespective of municipality, ward, district, registration number, and date of registration. Reasonably sufficient space shall be reserved on each card for the notations to be made thereon as herein provided.
The commissioner shall cause to be made notation on these cards as to each registrant respectively whose registration forms have been transferred from one register to another or to the inactive, death or conviction files concurrently with such transfer. The card with such notations shall show the location of the registration forms of each registrant at all times. All changes of address of the registrant, including those within the same district, shall be noted on these cards concurrently with changes of address on the registration forms.
(cf: P.L.2005, c.145, s.18)
40. Section 2 of P.L.1944, c.230 (C.19:31A-8) is amended to read as follows:
2. Every person qualified to vote in any election shall at any time after the opening of the polls be at liberty to enter the polling place or room and claim his right to vote at such election in his proper district, and he shall claim such right in person before the district board in the district. The board shall permit no person to vote whose name does not appear in the signature copy register of its election district. Each voter in claiming the right to vote shall first give his full name and address to the member of the district board having charge of the duplicate permanent registration binder and voting record and the signature comparison record, and shall present a document as valid proof of identification or an executed affidavit as to a religious objection to being photographed as an exemption from this requirement in accordance with subsection b. of R.S.19:15-17. Such clerk, if after examining the document presented, is satisfied that it is valid proof of identification or a valid executed affidavit as to a religious objection to being photographed as an exemption to the identification requirement, shall thereupon locate the permanent registration form and voting record and signature comparison record of the voter and shall require the voter to thereupon sign his name in the proper space on his signature comparison record if the voter has previously signed his name on the line marked sample signature. If the voter has not so signed the member of the district board shall require the voter to sign the line marked sample signature and compare the sample signature with the signature made by such person at the time he registered and if satisfied that they were made by one and the same person he shall then permit the voter to sign his name in the proper space on the signature comparison record. The voter shall sign his name without assistance using black ink in the proper column on the signature comparison record. Such signature being completed on the signature comparison record the member of the board having charge of the duplicate permanent registration binder shall audibly and publicly announce the name of the claimant and if the member of the board has ascertained from the duplicate permanent registration binder that the claimant is registered as a qualified voter and upon comparison the member of the board is satisfied that the signature of the claimant and the sample signature on the signature copy register has been made by one and the same person, the member of the board who compared the signature of the voter shall place his initials in the proper column on the signature comparison record signifying that he has made such comparison and is satisfied that the signature of the claimant and sample signature has been made by one and the same person; whereupon the voter shall be eligible to receive a ballot unless it be shown to the satisfaction of a majority of the members of the district board that he is not entitled to vote in the district or has otherwise become disqualified.
In addition to signing the signature comparison record and after the comparison of the signature with the signature in the register, a person offering to vote at a primary election for the general election shall announce his name and the party primary in which he wishes to vote.
After a person has voted, the member of the district board having charge of the signature copy register shall place the number of the person's ballot in the proper column on the record of voting form of such person, which number shall constitute a record that the person has voted. In the case of a primary election for the general election such member of the district board shall also place in the proper column on the record of voting form the first three letters of the name of the political party whose primary ballot such person has voted.
No person shall be required to sign the signature comparison record as a means of identification if he shall have been unable to write his name when he registered, or if, having been able to write his name when registered, he subsequently shall have lost his sight or lost the hand with which he was accustomed to write or shall by reason of disease or accident be unable to write his name when he applies to vote, but each such person who alleges his inability to sign his name on the signature comparison record shall establish his identity as follows: one of the members of the district board shall read the same list of questions to the voter as were required upon registration, such questions shall be provided at each election by the commissioner of registration and are to be known as "identification statements for election day." The member of the board shall write the answers of the voter upon the identification statement. These statements shall be inserted in the front of the duplicate registry binders, at each election, and shall be numbered serially from one to twenty.
Each statement shall contain the same questions as the voter was required to answer upon registration. The questions answered upon registration shall not be turned to or inspected until the answers to the questions shall have been written on election day by the member of the board.
At the end of each list of questions shall be printed the following statement: "I certify that I have read to the above named voter each of the foregoing questions and that I have duly recorded his answers as above to each of said questions"; and the member of the board who has made the above record shall sign his name to such certificate and date the same, and note the time of day of making such record. If the answers to the questions asked of the voter on election day agree with the answers given by him to the same questions at the time he registered, he shall then be eligible to receive a ballot. Any person who shall permit or attempt to furnish the answers on behalf of the voter shall be guilty of a crime of the fourth degree. The commissioner of registration shall furnish sufficient identification statements for each election district in each county. The statements shall be printed on sheets approximately ten by sixteen inches and shall contain a margin of approximately two inches for binding and shall be inserted in the front of the duplicate registry binders each election and shall be in substantially the following form:
PLEASE PHOTOCOPY THIS FORM FROM P.L.1996, c.120, s.6.
At any election any person who declares under oath and establishes to the satisfaction of a majority of all the members of the district board, that by reason of an inability to read or write, blindness or other physical disability he is unable to mark his ballot without assistance, shall have the assistance of two members of the board who shall not be members of the same political party, to be assigned by the board, in preparing his ballot. Such members shall retire with such voter to the booth and assist him in the preparation of his ballot and folding the same. The member acting as clerk of the district board shall make an entry on a disability certificate for assistance, which entry shall be in the form of an oath and be inserted in the front of the duplicate registry binders each election.
In every instance when such oath was administered to a voter as herein provided, it shall state briefly what facts were sworn to and the names of the members of the board who aided such voter. Any members of the district board shall be eligible to witness the preparation of the ballot of any such voter, but no other person shall be allowed to assist him in marking his ballot or to witness the marking of the same. No member of the board shall reveal the name of any person for whom such voter has voted or anything that took place while he was being assisted.
Such voter, if blind, disabled, or unable to read or write, may, in lieu of the assistance of the board as above provided, have assistance of some person of his own selection in preparing his ballot. Such person shall retire with such voter to the booth and assist him in the preparation of his ballot and folding the same. The name and address of such person shall be recorded as above. In such case, no other person than the one so selected by the voter shall be allowed to assist such voter in marking his ballot or witness the marking of the same. No person so selected shall reveal the name of any person for whom such voter has voted or anything that took place while he was being assisted.
The disability certificates shall be numbered serially one to twenty. The commissioner of registration shall furnish sufficient disability certificates for assistance for each election district in his county. The disability certificates for assistance shall be printed on sheets approximately ten by sixteen inches and shall contain a margin of approximately two inches for binding and shall be in substantially the following form:
PLEASE PHOTOCOPY THIS FORM FROM P.L.1996, c.120, s.6.
The commissioner of registration in each county shall furnish sufficient certificates of signature comparison records for each election district in his county to be filled in and signed at the close of the polls by the members of the district board. A blank space shall also be provided for on the certificate for the signatures of the members of the election board. Under said certificate there shall also be printed the word "Remarks" together with a number of blank lines. The commissioner shall insert one of such certificates in the front of the signature copy register in each election district in the county. At primary elections the certificate shall be in substantially the following form:
PRIMARY ELECTION
CERTIFICATION OF SIGNATURE COMPARISON RECORD
The undersigned constituting the district board of election in the County of.......................................... in the..............................
(City, Town, Township, Borough or Village)
..................................... Ward................................. District hereby
certify that (................................................................) is the correct
(Figures)
total of the number of names of voters who actually signed the signature comparison records and voted in the DEMOCRATIC PRIMARY ELECTION held on the
...................... day of..................................... 20....
And hereby certify that (.........................) is the correct total of
(Figures)
the number of names of voters who actually signed the signature comparison records and voted in the REPUBLICAN PRIMARY ELECTION held on the............... day of..............................., 20....
DISTRICT
...................................................Judge................................... Clerk.
BOARD OF ELECTION
...................................Inspector........................ Clerk.
Remarks:...............................................................................................................................................................................................................................................................................................................................................................................................................................................................................
At all other elections the certificates shall be in substantially the following form:
CERTIFICATION OF SIGNATURE COMPARISON RECORD
The undersigned constituting the district board of election in the County of.......................... in the.......................................................................
(City, Town, Township, Borough or Village)
........................................ Ward................................ District hereby
certify that (................................................................) is the correct
(Figures)
total of the number of names of voters who actually signed the signature comparison records and voted in the.................................................................................election held (General, Special or other Election as the case may be)
on the .................. day of..............., 20..... .
DISTRICT
.................... Judge.................................... Clerk.
BOARD OF ELECTION
....................Inspector................................ Clerk.
Remarks:.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
After each election the commissioner of registration shall remove from the binders the identification statements, the disability certificates for assistance, and certifications of signature comparison records and shall preserve them in his office in a suitable place for a period of two years.
(cf: P.L.2005, c.154, s.9)
41. Section 7 of P.L.1999, c.232 (C.19:53C-1) is amended to read as follows:
7. a. (1) The county clerk or the municipal clerk, in the case of a municipal election, shall arrange for the preparation of a provisional ballot packet for each election district. It shall include the appropriate number of provisional ballots, the appropriate number of envelopes with an affirmation statement, the appropriate number of written notices to be distributed to voters who vote by provisional ballot and one provisional ballot inventory form affixed to the provisional ballot bag. The clerk shall arrange for the preparation of and placement in each provisional ballot bag of a provisional ballot packet and an envelope containing a numbered seal. The envelope shall contain, on its face, the instructions for the use of the seal, the number and the election district location of the provisional ballot bag, and the identification numbers of the seal placed in the envelope. Each provisional ballot bag shall be sealed with a numbered security seal before being forwarded to the appropriate election district.
(2) Each provisional ballot bag and the inventory of the contents of each such bag shall be delivered to the designated polling place no later than the opening of the polls on the day of an election.
b. The county clerk or the municipal clerk, in the case of a municipal election, shall arrange for the preparation of the envelope, affirmation statement, and written notice that is to accompany each provisional ballot. The envelope shall be of sufficient size to accommodate the provisional ballot, and the affirmation statement shall be affixed thereto in a manner that enables it to be detached once completed and verified by the county commissioner of registration. The statement shall require the voter to provide the voter's name, and to indicate whether the voter is registered to vote in a county but has moved within that county since registering to vote; or is registered to vote in the election district in which that polling place is located but the voter's registration information is missing or otherwise deficient; or indicate the voter has applied for a mail-in ballot and not received either the ballot or an explanation for not receiving such a ballot pursuant to notification by the county clerk or from the free-access system, or has applied for and received a mail-in ballot and has not transmitted it to the county board of elections or given it to a bearer for delivery to the county board before the time for the opening of the polls on the day of an election but wants, nevertheless, to vote in the election. The statement shall further require the voter to provide the voter's most recent prior voter registration address and address on the day of the election and date of birth. The statement shall include the statement: "I swear or affirm, that the foregoing statements made by me are true and correct and that I understand that any fraudulent voting may subject me to a fine of up to $15,000, imprisonment up to five years or both, pursuant to R.S.19:34-11." It shall be followed immediately by spaces for the voter's signature and printed name, and in the case of a name change, the voter's printed old and new name and a signature for each name, the date the statement was completed, political party affiliation, if used in a primary election, and the name of the person providing assistance to the voter, if applicable. Each statement shall also note the number of the election district, or ward, and name of the municipality at which the statement will be used. The Secretary of State shall prepare for inclusion in the affirmation statement language for the voter to submit the information required in the registration form described in section 16 of P.L.1974, c.30 (C.19:31-6.4) in order to enable the county commissioner of registration to process the statement as a voter registration application, which shall be valid for future elections if the individual who submitted the provisional ballot is determined not to be a registered voter. The Secretary of State shall also prepare and shall provide language for any written instructions necessary to assure proper completion of the statement.
The written notice shall contain information to be distributed to each voter who votes by provisional ballot. The notice shall state that, if the voter is a mail-in registrant voting for the first time in his or her current county of residence following registration or, regardless of the method of registration, voting in any election on or after January 1, 2018, and [was] given a provisional ballot because he or she did not provide required personal identification information or required executed affidavit of a religious objection to being photographed as an exemption from the identification requirement in accordance with subsection b. of R.S.19:15-17, the voter shall be given until the close of business on the second day after the election to provide identification or an executed affidavit as to a religious objection to being photographed as an exemption to the identification requirement to the applicable county commissioner of registration[,]; and the notice shall contain a telephone number at which the commissioner may be contacted. The notice shall further state that failure to provide the required personal identification information within that time period shall result in the rejection of the ballot.
The notice shall state that pursuant to section 4 of P.L.2004, c.88 (C.19:61-4), any individual who casts a provisional ballot will be able to ascertain under a system established by the State whether the ballot was accepted for counting, and if the vote was not counted, the reason for the rejection of the ballot. The notice shall include instructions on how to access such information.
c. For the primary for the general election, the provisional ballots shall be printed in ink on paper of a color that matches the color of the voting authority, which shall indicate the party primary of the voter. The provisional ballots shall be uniform in size, quality and type and of a thickness that the printing thereon cannot be distinguished from the back of the paper, and without any mark, device or figure on the front or back other than as provided in P.L.1999, c.232 (C.19:53C-1 et seq.). Each such ballot shall include near the top thereof and in large type the designation PROVISIONAL BALLOT. In all other respects, the provisional ballots shall conform generally to the other ballots to be used in the election district for the primary election.
The clerk of the county or municipality shall arrange for the preparation of each provisional ballot package with an appropriate number of provisional ballots for each political party, a corresponding number of envelopes with affirmation statements, and a corresponding number of written notices. Additional provisional ballots, envelopes, and notices shall be available for delivery to that election district on the day of the election, if necessary.
d. For the general election the provisional ballots shall be printed in ink. The provisional ballots shall be uniform in size, quality and type and of a thickness that the printing thereon cannot be distinguished from the back of the paper, and without any mark, device or figure on the front or back other than as provided in this act. Each such ballot shall include near the top thereof and in large type the designation PROVISIONAL BALLOT. In all other respects, the provisional ballots shall conform generally to the other ballots to be used in the election district for the general election.
The clerk of the county or municipality shall arrange for the preparation of each provisional ballot package with an appropriate number of provisional ballots, a corresponding number of envelopes with affirmation statements, and a corresponding number of written notices. Additional provisional ballots, envelopes, and notices shall be available for delivery to that election district on the day of the election, if necessary.
e. For a school election the provisional ballots shall be printed in ink. The provisional ballots shall be uniform in size, quality and type and of a thickness that the printing thereon cannot be distinguished from the back of the paper, and without any mark, device or figure on the front or back other than as provided in this act. Each such ballot shall include near the top thereof and in large type the designation PROVISIONAL BALLOT. In all other respects, the provisional ballots shall conform generally to the other ballots to be used in the election district for the school election.
The clerk of the county shall arrange for the preparation of each provisional ballot package with an appropriate number of provisional ballots, a corresponding number of envelopes with affirmation statements, and a corresponding number of written notices. Additional provisional ballots, envelopes, and notices shall be available for delivery to that election district on the day of the election, if necessary.
f. Following the effective date of P.L.2004, c.88 (C.19:61-1 et al.), a provisional ballot that requires the voter to punch out a hole in the ballot as a means of recording the voter's vote shall not be used in any election in this State.
g. (Deleted by amendment, P.L.2011, c.134).
(cf: P.L.2011, c.134, s.47)
42. Section 3 of P.L.2009, c.79 (C.19:63-3) is amended to read as follows:
3. a. A qualified voter shall be entitled to vote using a mail-in ballot in any election held in this State.
b. Not less than seven days before an election in which a voter wants to vote by mail, the voter may apply to the person designated in section 5 of P.L.2009, c.79 (C.19:63-5), for a mail-in ballot. The application shall be in writing, shall be signed by the applicant and shall state the applicant's place of voting residence and the address to which the ballot shall be sent. The Secretary of State shall prepare a mail-in application form and shall have the authority to promulgate any rules and regulations the secretary deems necessary to effectuate the purposes of this subsection.
c. Any voter wanting to vote by mail in any election may apply to the person designated in section 5 of P.L.2009, c.79 (C.19:63-5) for a mail-in ballot to be sent to the voter. A voter who is a member of the armed forces of the United States may use a federal postcard application form to apply for a mail-in ballot.
d. Any voter who fails to apply for a mail-in ballot before the seven-day period prescribed in subsection b. of this section may apply in person to the county clerk for a mail-in ballot up to 3 p.m. of the day before the election.
e. (1) A voter who wishes to vote only by mail-in ballot in all future general elections in which the voter is eligible to vote, and who states that on an application for a mail-in ballot, shall be furnished such a ballot by the county clerk without further request on the part of the voter and until the voter requests that the voter no longer be sent a mail-in ballot. A voter shall also have the option to indicate on an application for a mail-in ballot that the voter would like to receive such a ballot for each election that takes place during the remainder of the calendar year in which the application is completed and submitted. A voter who exercises this option shall be furnished with a mail-in ballot for each election that takes place during the remainder of the calendar year without further request by the voter. A person voting by mail-in ballot who registered by mail after January 1, 2003, who did not provide personal identification information when registering pursuant to section 16 of P.L.1974, c.30 (C.19:31-6.4) and is voting for the first time in his or her current county of residence following registration shall include copies of the required identification information with the mail-in ballot. In addition to providing this personal identification information as may be required, beginning with the first election held after January 1, 2018, a person voting by mail-in ballot, regardless of the method of voter registration, shall include a copy of a document for valid proof of identification as described in paragraph (2) of subsection b. of R.S.19:15-17, or an original executed affidavit of a religious objection to being photographed as an exemption from this requirement as described in paragraph (3) of that subsection, with the mail-in ballot. Failure to include such information with the mail-in ballot shall result in its rejection.
(2) In the event that a voter who has requested a mail-in ballot for all general elections does not complete and return such a ballot for canvassing for the fourth general election following the general election at which the voter last voted, the county clerk shall send a notice to that voter to ascertain whether he or she continues to reside at the address from which that voter is registered to vote and continues to be eligible to vote. If the notice is not completed and returned by the voter to the clerk before the 40th day prior to the next general election, a mail-in ballot shall not be sent to the voter for that election. The ability of such a voter to receive a mail-in ballot for all future general elections shall be suspended until the voter submits a new application for such a ballot that indicates that the voter wishes to receive the ballot for all future general elections.
(3) The county clerk shall not transmit a mail-in ballot to any person who is deemed by a county commissioner of registration to be an inactive voter or whose registration file has been transferred to the deleted file pursuant to R.S.19:31-19.
(cf: P.L.2009, c.79, s.3)
43. Section 6 of P.L.2009, c.79 (C.19:63-6) is amended to read as follows:
6. a. The county clerk, in the case of any Statewide election, countywide election, or school election in a regional or other school district comprising more than one municipality; the municipal clerk, in the case of any municipal election or school election in a school district comprising a single municipality; and the commissioners or other governing or administrative body of the district, in the case of any election to be held in any fire district or other special district, other than a municipality, created for specified public purposes within one or more municipalities, shall publish the following notice in substantially the following form:
NOTICE TO PERSONS WANTING MAIL-IN BALLOTS
If you are a qualified and registered voter of the State who wants to vote by mail in the......................... (school, municipal, primary, general, or other) election to be held on................. (date of election) complete the application form below and send to the undersigned, or write or apply in person to the undersigned at once requesting that a mail-in ballot be forwarded to you. The request must state your home address and the address to which the ballot should be sent. The request must be dated and signed with your signature.
If any person has assisted you to complete the mail-in ballot application, the name, address and signature of the assistor must be provided on the application, and you must sign and date the application for it to be valid and processed. No person shall serve as an authorized messenger or as a bearer for more than three qualified voters in an election. No person who is a candidate in the election for which the voter requests a mail-in ballot may provide any assistance in the completion of the ballot or may serve as an authorized messenger or bearer.
No mail-in ballot will be provided to any applicant who submits a request therefor by mail unless the request is received at least seven days before the election and contains the requested information. A voter may, however, request an application in person from the county clerk up to 3 p.m. of the day before the election.
Voters who want to vote only by mail in all future general elections in which they are eligible to vote, and who state that on their application shall, after their initial request and without further action on their part, be provided a mail-in ballot by the county clerk until the voter requests that the voter no longer be sent such a ballot. A voter's failure to vote in the fourth general election following the general election at which the voter last voted may result in the suspension of that voter's ability to receive a mail-in ballot for all future general elections unless a new application is completed and filed with the county clerk.
Voters also have the option of indicating on their mail-in ballot applications that they would prefer to receive mail-in ballots for each election that takes place during the remainder of this calendar year. Voters who exercise this option will be furnished with mail-in ballots for each election that takes place during the remainder of this calendar year, without further action on their part.
Application forms may be obtained by applying to the undersigned either in writing or by telephone, or the application form provided below may be completed and forwarded to the undersigned.
Dated.....................................................
............................................................................
(signature and title of county clerk)
....................................
(address of county clerk)
....................................
(telephone no. of county clerk)
b. (1) The Secretary of State shall be responsible for providing all information regarding overseas ballots to each overseas voter eligible for such a ballot pursuant to P.L.1976, c.23 (C.19:59-1 et seq.). The secretary shall also make available valid overseas voter registration and ballot applications to any voter who is a member of the armed forces of the United States and who is a permanent resident of this State, or who is an overseas voter who wishes to register to vote or to vote in any jurisdiction in this State. The secretary shall provide such public notice as may be deemed necessary to inform members of the armed forces of the United States and overseas voters how to obtain valid overseas voter registration and ballot applications.
(2) The Secretary of State shall undertake a program to inform voters in this State about their eligibility to vote by mail pursuant to this act. Dissemination of this information shall be included in the standard notices required by this section and other provisions of current law, including but not limited to the notice requirements of R.S.19:12-7, and shall be effectuated by such means as the secretary deems appropriate and to the extent that funds for such dissemination are appropriated including, but not limited to, by means of Statewide or local electronic media, public service announcements broadcast by such media, notices on the Internet site of the Department of State or any other department or agency of the Executive Branch of State government or its political subdivisions deemed appropriate by the secretary, and special mailings or notices in newspapers or other publications circulating in the counties or municipalities of this State.
c. The mail-in ballot materials shall contain a notice that any person voting by mail-in ballot who has registered by mail after January 1, 2003, who did not provide personal identification information when registering and is voting for the first time in his or her current county of residence following registration shall include copies of the required identification information with the mail-in ballot[,]; and [that] (2) in addition to providing the personal identification information as may be required by paragraph (1) of this subsection, any person voting by mail-in ballot in any election after January 1, 2018, regardless of the method of registration, shall include a copy of a document for valid proof of identification as described in paragraph (2) of subsection b. of R.S.19:15-17, or an original executing affidavit as to a religious objection to being photographed as an exemption from the identification requirement as described in paragraph (3) of that subsection, with the mail-in ballot. The notice shall also state that failure to include such information shall result in the rejection of the ballot.
d. The notice provided for in subsection a. of this section shall be published before the 55th day immediately preceding the holding of any election.
Notices relating to any Statewide or countywide election shall be published in at least two newspapers published in each county. All officials charged with the duty of publishing such notices shall publish the same in at least one newspaper published in each municipality or district in which the election is to be held, or if no newspaper is published in the municipality or district, then in a newspaper published in the county and circulating in the municipality or district. All such notices shall be display advertisements.
(cf: P.L.2015, c.84, s.2)
44. Section 6 of P.L.1980, c.47 (C.39:3-29.7) is amended to read as follows:
6. The [Division of Motor Vehicles] commission shall charge fees as follows:
Identification Card, Original $18
Identification Card, Duplicate $5
Identification Card, Renewal $18
Digitized picture $6, in addition to the fees required above
The fees above shall not be charged to any person who, beginning with the first election held after January 1, 2018, requires the identification card as a means of demonstrating valid proof of identification in order to be permitted to vote in accordance with the provisions of Title 19 of the New Jersey Statutes, and the person submits an affidavit of indigence to the chief administrator.
(cf: P.L.2016, c.99, s.1)
45. Upon application for reimbursement by a county governing body to the Secretary of State and approval of the application by the Director of the Division of Budget and Accounting, a county shall be reimbursed by the State for the cost of implementing sections 1 through 24 of P.L. , c. (pending before the Legislature as this bill).
46. The following sections are repealed:
Section 3 of P.L.1976, c.83 (C.19:4-12);
R.S.19:47-1 and R.S.19:47-2;
R.S.19:48-1 through R.S.19:48-3;
Sections 2 and 3 of P.L.1940, c.197 (C.19:48-3.1 and 19:48-3.2);
Sections 1 through 12 of P.L.1944, c.7 (C.19:48-3.3 through 19:48-3.14);
Sections 1 through 7 of P.L.1945, c.59 (C.19:48-3.15 through 19:48-3.21);
R.S.19:48-4 through R.S.19:48-8;
R.S.19:49-1 through R.S.19:49-5;
R.S.19:50-2;
R.S.19:52-5 and R.S.19:52-6;
Section 2 of P.L.1955, c.260 (C.19:52-6.1);
R.S.19:52-7; and
N.J.S.40A:14-75.
47. This act shall take effect immediately but remain inoperative until January 1, 2018; however, local elections officials, the Secretary of State and the Chief Administrator of the New Jersey Motor Vehicles Commission may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.
STATEMENT
The purpose of this bill is to replace the voting machines used currently with paper ballots completed at the polling place on the day of an election. It also requires that voters show identification in order to vote at a polling place on the day of an election
Under the bill, after a voter is deemed qualified to vote in an election, he or she would receive a paper ballot, which would be completed by the voter in a voting booth. Once completed, the ballot would be scanned electronically for technical errors, if such equipment is available, to ascertain whether the ballot contains any technical errors that would disqualify it from being counted. If such an error exists, it would be returned to the voter for correction or if determined to be spoiled, a new ballot shall be given to the voter to enable that person to correct any technical error that would otherwise disqualify the voter's vote from being counted. If a voted ballot is scanned electronically and no technical error is found, the ballot would be considered valid and ready to be counted.
The bill also provides that the number of voters voting in a voting district would be increased, so that instead of 750 voters per voting district, there would be 2,000.
The bill provides that the cost of replacing exiting voting machines with paper ballots and the voting equipment necessary to tabulate those ballots would be paid for by the State upon application for reimbursement by a county governing body to the Secretary of State and approval of the application by the Director of the Division of Budget and Accounting.
In addition, this bill would require voters to present certain documentation as proof of voter identity to vote, beginning with the first election held after January 1, 2018. A voter, whether voting in person or through mail-in ballot, would be required to show or submit a copy of a New Jersey's driver's license, New Jersey nondriver's identification card, or other document, that includes all of the following criteria: (1) the name of the voter to whom the document was issued; (2) a photograph of the voter to whom the document was issued; (3) an expiration date, showing that the document is not expired or expired only after the date of the most recent election; and (4) was issued by the federal government or this State.
For first-time voters, this documentation would be required in addition to the production of any document necessary to fulfill the proof of identity requirement mandated by the federal "Help America Vote Act of 2002," if that first-time voter had registered to vote by mail without submitting federally-acceptable identity verification with the registration. However, a first-time voter in this situation would be required to present only one document with respect to both identification requirements, if that document is able to satisfy the document criteria as applicable to each requirement.
The requirement for verifying voter identity through additional documentation would not apply to any voter entitled to vote by mail-in ballot under the federal "Uniformed and Overseas Citizens Absentee Voting Act," or provided the right to vote otherwise than in person under the federal "Voting Accessibility for the Elderly and Handicapped Act," or any other federal law. Additionally, because the bill's verification of identity requires the production of a document containing a photograph of the voter, it incorporates an exemption from the production of such document if the voter has a religious objection to being photographed, and this is established by a sworn affidavit from the voter.
In order to administer the bill's new voter verification requirement, the bill updates the statutory provisions governing election day challenges to a person's right to vote by district board members or other authorized challengers, as appointed pursuant to Chapter 7 of Title 19 of the Revised Statutes. With respect to any voter who is denied the right to vote for failing to display acceptable documentation, that voter would be provided a provisional ballot. In order for that ballot to be officially counted in an election, the voter would need to produce the required documentation by the close of business on the second day after the election to the applicable county commissioner of registration.
Finally, to ensure that no one is denied the right to vote based solely on an inability to pay for a government-issued document with photograph as required under the bill for identity verification, the Motor Vehicle Commission would issue a nondriver identification card without cost to any voter requiring such document upon execution of an affidavit of indigence.
