Bill Text: NJ A1711 | 2010-2011 | Regular Session | Introduced
Bill Title: Creates voter-verified paper record pilot program; removes requirement that voting machines produce voter-verified paper record by January 1, 2009.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly State Government Committee [A1711 Detail]
Download: New_Jersey-2010-A1711-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman JOHN J. BURZICHELLI
District 3 (Salem, Cumberland and Gloucester)
SYNOPSIS
Creates voter-verified paper record pilot program; removes requirement that voting machines produce voter-verified paper record by January 1, 2009.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning voter-verified paper records of votes cast, amending R.S.19:48-1 and P.L.1973, c.82, and repealing section 3 of P.L.2005, c.137.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.19:48-1 is amended to read as follows:
19:48-1. Any thoroughly tested and reliable voting machines may be adopted, rented, purchased or used, which shall be so constructed as to fulfill the following requirements:
(a) It shall secure to the voter secrecy in the act of voting;
(b) It shall provide facilities for such number of office columns, not less than 40 and not exceeding 60, as the purchasing authorities may specify and of as many political parties or organizations, not exceeding nine, as may make nominations, and for or against as many questions, not exceeding 30, as submitted;
(c) It shall, except at primary elections, permit the voter to vote for all the candidates of one party or in part for the candidates of one party or one or more parties;
(d) It shall permit the voter to vote for as many persons for an office as he is lawfully entitled to vote for, but no more;
(e) It shall prevent the voter from voting for the same person more than once for the same office;
(f) It shall permit the voter to vote for or against any question he may have the right to vote on, but no other;
(g) It shall for use in primary elections be so equipped that the election officials can stop a voter from voting for all candidates except those of the voter's party;
(h) It shall correctly register or record and accurately count all votes cast for any and all persons, and for or against any and all questions;
(i) It shall be provided with a "protective counter" or "protective device" whereby any operation of the machine before or after the election will be detected;
(j) It shall be so equipped with such protective devices as shall prevent the operation of the machine after the polls are closed;
(k) It shall be provided with a counter which shall show at all times during an election how many persons have voted;
(l) It shall be provided with a model, illustrating the manner of voting on the machine, suitable for the instruction of voters;
(m) It must permit a voter to vote for any person for any office, except delegates and alternates to national party conventions, whether or not nominated as a candidate by any party or organization by providing an opportunity to indicate such names or name;
(n) It shall be equipped with a permanently affixed box or container of sufficient strength, size and security to hold all emergency ballots and pre-punched single-hole envelopes and with a clipboard and a table-top privacy screen;
(o) It shall not use mechanical lever machines or punch cards to record votes.
All voting machines used in any election shall be provided with a screen, hood or curtain, which shall be so made and adjusted as to conceal the voter and his action while voting.
It shall also be provided with one device for each party for voting for all the presidential electors of that party by one operation, and a ballot therefor containing only the words "presidential electors for," preceded by the name of that party and followed by the names of the candidates thereof for the offices of President and Vice-President and a registering device therefor which shall register the vote cast for such electors when thus voted collectively.
[By January 1, 2009, each voting machine shall produce an individual permanent paper record for each vote cast, which shall be made available for inspection and verification by the voter at the time the vote is cast, and preserved for later use in any manual audit. In the event of a recount of the results of an election, the voter-verified paper record shall be the official tally in that election. A waiver of the provisions of this paragraph shall be granted by the Secretary of State if the technology to produce a permanent voter-verified paper record for each vote cast is not commercially available.]
(cf: P.L.2008, c.18, s.1)
2. Section 3 of P.L.1973, c.82 (C.19:53A-3) is amended to read as follows:
3. Every electronic voting system, consisting of a voting device in combination with automatic tabulating equipment, acquired or used in accordance with this act, shall:
a. Provide for voting in secrecy, except in the case of voters who have received assistance as provided by law;
b. Permit each voter to vote at any election for all persons and offices for whom and for which he is lawfully entitled to vote; to vote for or against any question upon which he is entitled to vote; and the automatic tabulating equipment shall reject choices recorded on his ballot if the number of choices exceeds the number which he is entitled to vote for the office or on the measure;
c. Permit each voter, at presidential elections, by one mark to vote for the candidates of that party for president, vice president, and their presidential electors;
d. Permit each voter, at other than primary elections, to vote for the nominees of one or more parties and for independent candidates; and personal choice or write-in candidates;
e. Permit each voter in primary elections to vote for candidates in the party primary in which he is qualified to vote, and the automatic tabulating equipment shall reject any votes cast for candidates of another party;
f. Prevent the voter from voting for the same person more than once for the same office;
g. Be suitably designed for the purpose used, of durable construction, and may be used safely, efficiently, and accurately in the conduct of elections and counting ballots;
h. When properly operated, record correctly and count accurately every vote cast, including all overvotes or undervotes and all affirmative votes or negative votes on all public questions or referenda;
i. [By January 1, 2009, each voting machine shall produce an individual permanent paper record for each vote cast, which shall be made available for inspection and verification by the voter at the time the vote is cast, and preserved for later use in any manual audit. In the event of a recount of the results of an election, the voter-verified paper record shall be the official tally in that election. A waiver of the provisions of this subsection shall be granted by the Secretary of State if the technology to produce a permanent voter-verified paper record for each vote cast is not commercially available] (Deleted by amendment, P.L. , c. (pending before the Legislature as this bill).
(cf: P.L.2008, c.18, s.2)
3. a. There is established in the Department of State a limited pilot program to study the feasibility of requiring each voting machine in use in the State to produce an individual permanent paper record for each vote cast, which paper record shall be made available for inspection and verification by the voter at the time the vote is cast, and preserved for later use in any manual audit to be conducted. The pilot program shall be implemented and monitored by the Secretary of State as the chief election official of this State, as designated by section 1 of P.L.2007, c.254 (C.52:16A-98).
b. The pilot program shall be conducted at the primary election to be held on June 2, 2009. It shall consist of retrofitted voting machines in one municipality in each county that: 1) has no more than ten election districts; and 2) will be using voting machines in the election that the Secretary of State has certified can be adapted to include a voter-verified paper record system.
Municipalities shall be chosen to participate in the pilot program by the Secretary of State in consultation with the county board of elections and superintendent of elections, where applicable, in each county, and the chairs of the State and county political party committees. A county political party chair shall participate only in the selection of a municipality that is in the county where that person is the county chair. The Secretary of State shall notify the municipal clerk in each municipality that has been chosen to participate in the pilot program.
c. No later than 90 days following the completion of the pilot program, the Secretary of State shall issue a report containing information on the implementation of the pilot program, an evaluation of the pilot program, and the Secretary's recommendations to the Governor, the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly, and the Minority Leader of the General Assembly. The report shall include information from surveys of members of the district boards of elections who worked, and voters who voted, at polling places where the pilot program was implemented.
d. If, following the issuance of the report, the Secretary of State determines that the State should retrofit all voting machines in use in this State to produce an individual permanent paper record for each vote cast, the Secretary shall produce an implementation schedule for the retrofit of voting machines, with full implementation to be finalized no later than the general election to be held on November 2, 2010.
e. The State shall pay the costs directly related to the use of the retrofitted voting machines during the pilot program, as determined by the Secretary of State.
f. The Secretary of State shall promulgate such rules and regulations as the Secretary deems necessary to implement the provisions of this act.
4. Section 3 of P.L.2005, c.137 (C.19:53A-3.1) is repealed.
5. This act shall take effect immediately.
STATEMENT
The purpose of this bill is to remove the current requirement that voting machines produce a voter-verified paper record by January 1, 2009, and instead create a pilot program in the Department of State to study the feasibility of retrofitting voting machines in use in this State to produce such a paper record.
The pilot program would be implemented and monitored by the Secretary of State, and would consist of retrofitted voting machines in one municipality, which has no more than ten election districts, in each county for the June 2, 2009 primary election.
Upon the completion of the pilot program, the Secretary of State would issue a report containing information on the implementation of the pilot program, an evaluation of the pilot program, and the Secretary's recommendations to the Governor, the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly, and the Minority Leader of the General Assembly. The report would include information from surveys of members of the district boards of elections who worked, and voters who voted, at polling places where the pilot program was implemented.
If, following the issuance of the report, the Secretary of State determines that the State should retrofit all voting machines in this State with a voter-verified paper record, the Secretary would produce an implementation schedule for the retrofit of voting machines, with full implementation to be finalized no later than the general election to be held on November 2, 2010.
The bill also deletes sections of law requiring that all voting machines produce a voter-verified paper record by January 1, 2009.
