Bill Text: NJ A2236 | 2022-2023 | Regular Session | Introduced
Bill Title: Allows county boards of elections to begin canvassing early votes and mail-in ballots before election day under certain conditions.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2022-02-07 - Introduced, Referred to Assembly State and Local Government Committee [A2236 Detail]
Download: New_Jersey-2022-A2236-Introduced.html
Sponsored by:
Assemblyman RALPH R. CAPUTO
District 28 (Essex)
SYNOPSIS
Allows county boards of elections to begin canvassing early votes and mail-in ballots before election day under certain conditions.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the canvassing of votes cast during the early voting period and through mail-in ballots and amending P.L.2021, c.40 and P.L.2009, c.22.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 4 of P.L.2021, c.40 (C.19:15A-4) is amended to read as follows:
4. a. An early vote cast in an election, as provided for in this act, P.L.2021, c.40 (C.19:15A-1 et al.), shall not be canvassed prior to the closing of the polls on the day of an election, except as provided under subsection b. of this section.
Every provisional ballot voted in each such election and determined by a county board to be valid shall be counted and shall be part of the official tally of the results of the election.
b. (1) A county board of elections may begin canvassing each early vote no earlier than 24 hours after the conclusion of the early voting period. The Secretary of State shall establish guidelines concerning the early vote canvassing process. If a county board of elections begins canvassing the early votes prior to the day of the election, the county board shall implement the measures necessary to ensure the security and secrecy of the early votes. The early votes and the results of the canvassing shall remain confidential and shall be disclosed only in accordance with the provisions of Title 19 of the Revised Statutes, regulations and guidelines concerning the disclosure of election results, and in no circumstances disclosed prior to the close of polls on the day of the election.
(2) Any person who is authorized to receive and canvass the early votes pursuant to this section who knowingly discloses to the public the early votes and the results of the canvass prior to the time designated by law for the closing of the polls for each election shall be guilty of a crime of the third degree.
(cf: P.L.2021, c.40, s.4)
2. Section 22 of P.L.2009, c.22 (C.19:63-22) is amended to read as follows:
22. a. On the day of
each election, or as provided under subsection b. of this section, each
county board of elections shall open in the presence of the commissioner of
registration, or the designee thereof, the inner envelopes that contain the
mail-in ballots with the votes cast for the election. The inner envelopes
containing the ballots that the board or the Superior Court has rejected shall
not be so opened, but shall be retained as provided for by this act. The board
shall then proceed to canvass the votes cast on the mail-
in ballots, but no such ballot shall be counted in any primary election for the general election if the ballot of the political party marked for voting thereon differs from the designation of the political party in the primary election of which such ballot is intended to be voted as marked on the envelope by the county board of elections.
Every mail-in ballot that bears a postmark date before or of the day of the election and that is received by the county board within 144 hours after the time of the closing of the polls for the election that the ballot was prepared shall be considered valid and shall be canvassed. Every mail-in ballot that does not bear a postmark date but that is received by the county board by delivery of the United States Postal Service before, or within 48 hours after, the time of the closing of the polls for the election for which the ballot was prepared shall be considered valid and shall be canvassed.
b. A county board of elections may begin opening the inner envelopes and canvassing each mail-in ballot from the inner envelopes no earlier than ten days prior to the day of the election. The Secretary of State shall establish guidelines concerning the early canvassing process. If a county board of elections begins opening the inner envelopes and canvassing the mail-in ballots from the inner envelopes prior to the day of the election, the county board shall implement the measures necessary to ensure the security and secrecy of the mail-in ballots. The contents of the mail-in ballots and the results of the ballot canvassing shall remain confidential and shall be disclosed only in accordance with the provisions of Title 19 of the Revised Statutes, regulations and guidelines concerning the disclosure of election results, and in no circumstances disclosed prior to the close of polls on the day of the election. As provided under R.S.19:34-13, any person who is authorized to receive and canvass completed mail-in-ballots who knowingly discloses to the public the contents of a mail-in ballot prior to the time designated by law for the closing of the polls for each election shall be guilty of a crime of the third degree.
c. Immediately after the canvass is completed, the respective county boards of election shall certify the result of the canvass to the county clerk or the municipal or district clerk or other appropriate officer, as the case may be, showing the result of the canvass by municipality and ward. The votes thus canvassed shall be counted in determining the result of the election.
The county board of elections shall, immediately after the canvass is completed for any primary election, certify the results of the votes cast for members of the county committees to the respective municipal clerks, and those votes shall be counted in determining the result of the election.
(cf: P.L.2020, c.71, s.13)
3. This act shall take effect immediately.
STATEMENT
This bill allows county boards of elections to begin canvassing early votes cast during the early voting period and mail-in ballots before election day under certain conditions.
Under current law, early votes cast during the early voting period may not be canvassed or counted until the polls close on election day. Similarly, mail-in ballots may begin to be canvassed or counted on election day.
Under this bill, county boards of elections are permitted to begin canvassing each early vote no earlier than 24 hours after the conclusion of the early voting period. The bill also allows county boards of elections to begin opening the inner envelopes and canvassing each mail-in ballot from the inner envelopes no earlier than ten days prior to the day of the election. The bill directs the Secretary of State to establish guidelines concerning the canvassing process to ensure the security and secrecy of the votes cast. The canvassing results would remain confidential and be disclosed only in accordance current law, regulations, and guidelines concerning the disclosure of election results. The bill prohibits the disclosure of the canvassing results prior to the close of polls on the day of the election. Under current law for mail-in ballots, any person who is authorized to receive and canvass completed mail-in-ballots who knowingly discloses to the public the contents of a mail-in ballot prior to the time designated by law for the closing of the polls for each election is guilty of a crime of the third degree. This bill extends the same penalties to the disclosure of early voting results.
