New Jersey-2024-A3869-Introduced

An Act concerning prohibited actions in and near polling places and near ballot drop boxes and amending R.S.19:34-6 and R.S.19:34-15.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. R.S.19:34-6 is amended to read as follows:

19:34-6. a. [If a] A person shall be guilty of a crime of the third degree under paragraphs (1) through (3) of this subsection, and shall be guilty of a disorderly persons offense under paragraph (4) of this subsection, if the person on election day:

[tamper, deface or interfere] (1) tampers, defaces, or interferes with any polling booth or ballot drop box or [obstruct] obstructs the entrance or pathway to any polling place [,] or ballot drop box;

[obstruct] (2) obstructs or [interfere] interferes with any voter [, or] ;

[loiter] (3) loiters in or near [the] a polling place or ballot drop box, or [,] spends an inordinate amount of time in a polling booth or at a ballot drop box, with the purpose to obstruct or interfere with any voter or to unduly delay other voters from voting [, spend an inordinate amount of time in the polling booth,] ; or

[do any] (4) engages in electioneering within [any] a polling place or at a ballot drop box, or within [one hundred] 100 feet thereof [, he shall be guilty of a crime of the third degree] , or within 25 feet of a person waiting in line in an area that is farther than 100 feet from the polling place or ballot drop box.

b. This section shall not be construed to prohibit a minor from entering a polling place on the day of an election to vote in a simulated election at that polling place, or persons from supervising or working at a polling place in a simulated election in which minors vote, provided that the county board of elections has determined that the polling place can accommodate simulated election activities without interfering with the orderly conduct of the official voting process.

c. The provisions of paragraph (4) of subsection a. of this section concerning electioneering within 25 feet of a person waiting in line at a polling place or ballot drop box or in an area that is farther than 100 feet thereof shall not be construed to prohibit:

(1) the placement of newspaper racks or vending machines, or other newspaper sales or dissemination sites, including home delivery sites, that distribute or display printed matter; or

(2) the provision of nonpartisan voter assistance to persons waiting in line, provided that such assistance does not involve support for, or opposition against, any candidate, party, or public question.

(cf: P.L.2005, c.154, s.26)

2. R.S.19:34-15 is amended to read as follows:

19:34-15. If a person shall distribute or display any circular or printed matter or offer any suggestion or solicit any support for any candidate, party or public question within the polling place or room or within a distance of 100 feet of the outside entrance to such polling place or room, or within 100 feet of a ballot drop box in use during the conduct of an election, or within 25 feet of a voter waiting in line in an area that is farther than 100 feet from the polling place or ballot drop box, the person shall be guilty of a disorderly persons offense. The activities described under paragraphs (1) and (2) of subsection c. of R.S.19:34-6 shall not be construed to be a violation of the provisions of this section.

(cf: P.L.2021, c.459, s.5)

3. This act shall take effect immediately.

STATEMENT

Current law prohibits electioneering inside a polling place and within 100 feet of the outside entrance of a polling place or within 100 feet of a ballot drop box. Electioneering consists of distributing or displaying circular or printed materials that offer suggestions about how to vote or which solicit support for a candidate, party, or public question. This bill expands current law to prohibit electioneering within 25 feet of a person waiting in line in an area that is farther than 100 feet from the polling place or ballot drop box.

Current law also prohibits the following actions, which constitute crimes of the third degree:

(1) tampering, defacing, or interfering with any polling booth;

(2) obstructing or interfering with any voter, or loitering in or near a polling place; and

(3) spending an inordinate amount of time in the polling booth.

This bill expands current law to also apply such prohibited actions to ballot drop boxes.

Current law also classifies electioneering as crime of the third degree in R.S.19:34-6, but as a disorderly persons offense in R.S.19:34-15. This bill provides for consistency in the law and makes electioneering a disorderly persons offense.

The bill clarifies that the provisions concerning electioneering within 25 feet of a person waiting in line at a polling place or ballot drop box or in an area that is farther than 100 feet thereof would not be construed to prohibit:

(1) the placement of newspaper racks or vending machines, or other newspaper sales or dissemination sites, including home delivery sites, that distribute or display printed matter; or

The bill specifies that these exempted activities concerning newspapers and voter assistance, as described under (1) and (2) above, would not be construed to be a violation of the bill.