Bill Text: NJ A2877 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires mail-in ballot postmarked before election day but received within seven days after closing of polls to be considered valid and counted.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2010-06-14 - Introduced, Referred to Assembly State Government Committee [A2877 Detail]
Download: New_Jersey-2010-A2877-Introduced.html
Sponsored by:
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
Assemblyman RALPH R. CAPUTO
District 28 (Essex)
Assemblyman CRAIG J. COUGHLIN
District 19 (Middlesex)
SYNOPSIS
Requires mail-in ballot postmarked before election day but received within seven days after closing of polls to be considered valid and counted.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning mail-in election ballots and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 25 of P.L.1964, c.134 (C.19:58-25) is amended to read as follows:
25. a. All valid Presidential ballots received by the county boards prior to the time designated for the closing of the polls for each election shall be counted and no Presidential ballot shall be rejected or declared invalid because the voter's name is not printed on the certificate upon the flap of the inner envelope enclosing the same, if such certificate is properly and legibly signed and it otherwise conforms with the provisions of this act.
b. Notwithstanding any provision of subsection a. of this section to the contrary, a Presidential ballot postmarked before the day of the election but received by mail by the county boards within seven consecutive days following the election shall be considered valid and counted. Upon the expiration of the seven-day period following the election, the election results shall be updated to account for any ballots received, if any, pursuant to this subsection.
(cf: P.L.1964, c.134, s.25)
2. Section 11 of P.L.1976, c.23 (C.19:59-11) is amended to read as follows:
11. Upon receipt of each overseas ballot, other than a ballot which had been sent by electronic means to an overseas voter, the signature on the certificate on the inner envelope shall be compared to that on the person's application. All ballots, whether originally sent to an overseas voter by air mail or electronic means, shall be approved, disapproved, processed, counted and disputes in connection therewith shall be handled in the same manner as is applicable to other absentee ballots. No ballot received after the time designated for the closing of the polls shall be counted, except that a ballot postmarked before the day of the election but received by mail within seven consecutive days following the election shall be considered valid and counted, and upon the expiration of the seven-day period the election results shall be updated to account for any ballots so received.
(cf: P.L.2008, c.61, s.12)
3. Section 2 of P.L.2005, c.148 (C.19:62-2) is amended to read as follows:
2. If an election by mail is authorized pursuant to section 1 of this act, P.L.2005, c.148 (C.19:62-1), the county clerk shall:
a. publish, in advance of the election and pursuant to rules and regulations promulgated by the Secretary of State, official notice that the election shall be conducted by mail together with such other information regarding the conduct of the election as shall be deemed necessary by the Secretary of State;
b. mail a ballot, including an outer envelope and an inner envelope substantially similar to the envelopes provided for mail-in ballots pursuant to sections 12 and 13 of P.L.2009, c.79 (C.19:63-12 and C.19:63-13), not sooner than the 20th day prior to the day of the election nor later than the 14th day prior to the day of the election, to each person registered to vote in the municipality at that election;
c. designate the county clerk's office or the municipal clerk's office as the places to obtain a replacement ballot pursuant to section 5 of P.L.2005, c.148 (C.19:62-5);
d. designate, after consultation with the county board of elections and pursuant to criteria established by the Secretary of State, places within the county or municipality that shall be available for the deposit of voted ballots for the election;
e. make a provisional ballot available at the office of the county clerk and the office of the municipal clerk so that each person who has been a resident of the county or municipality in which the person seeks to register and vote at least 21 days prior to the day of the election and has moved to a location within the municipality after that 21st day and prior to the day of the election may vote;
f. suspend distribution to each registered voter in the municipality of samples of the official ballot of any election, but distribute to each registered voter in the municipality with each ballot a copy of the voter information notice provided for in section 1 of P.L.2005, c.149 (C.19:12-7.1) as modified and supplemented by the Secretary of State as deemed appropriate for use in municipalities conducting elections by mail, and such instruction about the completion of the ballot as deemed necessary by the Secretary of State;
g. make certain that all qualified voters in the municipality requesting a mail-in ballot between the 40th day and the 21st day prior to the day of an election receive such ballot after the 20th day prior to the day of an election and voters requesting a ballot on or before the seventh day prior to the date of the election shall receive a ballot authorized pursuant to this section; and
h. establish, after consultation with the county board of elections and in accordance with rules and regulations adopted by the Secretary of State, the time by which all ballots must be received by the board on the day of an election to be considered valid and counted, and provide that a ballot postmarked before the day of the election but received by mail within seven consecutive days following the election shall be considered valid and counted, and upon the expiration of the seven-day period the election results shall be updated to account for any ballots so received.
(cf: P.L.2009, c.79, s.36)
4. Section 3 of P.L.2005, c.148 (C.19:62-3) is amended to read as follows:
3. If an election by mail is authorized pursuant to section 1 of this act, P.L.2005, c.148 (C.19:62-1), the county board of elections shall:
a. consult with the county clerk and the municipal clerk with respect to the conduct of the election, as provided for in subsections d. and h. of section 2 of P.L.2005, c.148 (C.19:62-2);
b. (1) receive all ballots for the election returned by United States mail and collect all ballots for the election which were deposited in designated places of deposit prior to the time established for the closing of the polls;
(2) consider valid and count all ballots postmarked before the day of the election but received by mail within seven consecutive days following the election, and update election results accordingly upon the expiration of the seven-day period following the election;
c. verify the signature of the voter on the outer envelope of each ballot returned by comparing it with the signature on that person's voter registration form, in accordance with the rules and regulations adopted by the Attorney General, and if it is determined that the voter to whom a ballot or a replacement ballot has been issued has voted more than once, not count any ballot by that voter;
d. remove the inner envelope from the outer envelope of each ballot on the day of the election and proceed with the canvass of such ballots; and
e. conduct the canvass of the ballots and the certification of the results of the election in accordance with the procedures provided for such actions in this act, P.L.2005, c.148 (C.19:62-1 et seq.) and in Title 19 of the Revised Statutes.
(cf: P.L.2005, c.148, s.3)
5. Section 10 of P.L.2005, c.148 (C.19:62-10) is amended to read as follows:
10. a. (1) For a ballot to be counted, it shall be received by the county board of elections no later than the time established for the closing of the polls for that election, pursuant to subsection h. of section 2 of this act, P.L.2005, c.148 (C.19:62-2).
(2) Notwithstanding any provision of paragraph (1) of this subsection to the contrary, a ballot postmarked before the day of the election but received by mail within seven consecutive days following the election shall be considered valid and counted. Upon the expiration of the seven-day period following the election, the election results shall be updated to account for any ballots received, if any, pursuant to this paragraph.
Nothing in this subsection shall preclude the board from starting to count the ballots it has received for an election prior to the time designated for the closing of the polls for that election.
b. A vote that is cast on a voting machine that is fully accessible to individuals with disabilities shall be counted and canvassed in the same manner as all other votes cast by voting machine pursuant to the provisions of this Title.
(cf: P.L.2005,c.148, s.10)
6. Section 16 of P.L.2009, c.79 (C.19:63-16) is amended to read as follows:
16. a. A mail-in voter shall be entitled to mark any mail-in ballot forwarded to the voter for voting at any election by indicating the voter's choice of candidates for the offices named, and as to public questions, if any, stated thereon, in accordance with current law. In the case of ballots to be voted for any presidential primary election or primary election for the general election, as the case may be, the voter's choice shall be limited to the candidates of the voter's political party or to any person or persons whose names are written thereon by the voter. When so marked, such ballot shall be placed in the inner envelope, which shall then be sealed, and the voter shall then fill in the form of certificate attached to the inner envelope, at the end of which the voter shall sign and print the voter's name. The inner envelope with the certificate shall then be placed in the outer envelope, which shall then be sealed.
b. No mail-in voter shall permit any person in any way, except as provided by this act, to unseal, mark or inspect the voter's ballot, interfere with the secrecy of the voter's vote, complete or sign the certificate, or seal the inner or outer envelope, nor shall any person do so.
c. A mail-in voter shall be entitled to assistance from a family member in performing any of the actions provided for in this section. The family member or other person providing such assistance shall certify that he or she assisted the voter and will maintain the secrecy of the vote by both printing and signing his or her name in the space provided on the certificate. In no event may a candidate for election provide such assistance, nor may any person, at the time of providing such assistance, campaign or electioneer on behalf of any candidate.
d. (1) The sealed outer envelope with the inner envelope and the ballot enclosed therein shall then either be mailed to the county board of elections to which it is addressed or delivered personally by the voter or a bearer designated by the voter to the board. To be counted, the ballot must be received by the board or its designee before the time designated by R.S.19:15-2 or R.S.19:23-40 for the closing of the polls, as may be appropriate, on the day of an election, except that a ballot postmarked before the day of the election but received by mail within seven consecutive days following the election shall be considered valid and counted, and the election results shall be updated accordingly upon the expiration of the seven-day period following the election.
(2) Whenever a person delivers a ballot to the county board, that person shall sign a record maintained by the county of all mail-in ballots personally delivered to it.
(3) No person shall serve as an authorized messenger for more than 10 qualified voters in an election. No person who is a candidate in the election for which the voter requests a mail-in ballot shall be permitted to serve as an authorized messenger or bearer. The bearer, by signing the certification provided for in section 12 of P.L.2009, c.79 (C.19:63-12), certifies that he or she received a mail-in ballot directly from the voter, and no other person, and is authorized to deliver the ballot to the appropriate board of election or designee on behalf of the voter.
(cf: P.L.2009, c.79, s.16)
7. Section 18 of P.L.2009, c.79 (C.19:63-18) is amended to read as follows:
18. The county board of elections shall count all valid mail-in ballots received thereby prior to the time designated by current law for the closing of the polls for each election, except that a ballot postmarked before the day of the election but received by mail within seven consecutive days following the election shall be considered valid and counted, and the election results shall be updated accordingly upon the expiration of the seven-day period following the election.
(cf: P.L.2009, c.79, s.18)
8. Section 12 of P.L.1981, c.379 (C.40:45-16) is amended to read as follows:
12. a. The district boards of registry and election shall, immediately upon the closing of the polls, count the ballots and ascertain the number of votes cast in the election district for each of the candidates in the manner provided by law for the general election, and return the numbers to the municipal clerk immediately upon the completion of the count, upon proper blanks to be furnished by the clerk. In counties having a superintendent of elections one of the returns shall be made available immediately to the superintendent of elections. The superintendent may arrange to accept the statement of returns in each municipality within the county at the office of the clerk of the municipality or some other convenient place. On the day following the municipal election, the municipal clerk shall canvass all returns received from the election districts and the absentee ballots, and immediately make and file in his office the result thereof. The canvass by the municipal clerk shall be publicly made.
b. Notwithstanding any provision of subsection a. of this section to the contrary, a ballot postmarked before the day of the election but received by mail within seven consecutive days following the election shall be considered valid and counted. Upon the expiration of the seven-day period following the election, the election results shall be updated to account for any ballots received pursuant to this subsection.
(cf: P.L.1981, c.379, s.12)
9. This act shall take effect immediately.
STATEMENT
Under current law, a mail-in ballot for any primary, general, special, school, or non-partisan election must be counted if it is received by the time designated by statute for the closing of the polls.
This bill provides that a ballot postmarked before the day of the election, but received by mail by the election officials within seven consecutive days following the election, will be considered valid and counted. The bill does not change the existing timeframe for the certification of election results immediately after an election, except to provide that upon the expiration of the seven-day period following the election, the election results will be updated to account for any ballots received, if any, within the seven-day period as provided by the bill.
