Bill Text: NJ A433 | 2016-2017 | Regular Session | Introduced
Bill Title: Permits elections by mail for certain local government units.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Judiciary Committee [A433 Detail]
Download: New_Jersey-2016-A433-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman TIM EUSTACE
District 38 (Bergen and Passaic)
SYNOPSIS
Permits elections by mail for certain local government units.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act permitting elections by mail for certain local government units and amending P.L.2005, c.148.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2005, c.148 (C.19:62-1) is amended to read as follows:
1. Notwithstanding any other law, regulation or rule to the contrary[,] :
a. a municipality with a population of 500 or fewer persons, according to the latest federal decennial census[,] ;
b. a fire district holding its annual election pursuant to N.J.S.40A:14-72 et seq.;
c. a municipal or regional school district holding its annual election on the third Tuesday in April or a special school election pursuant to section 2 of P.L.1995, c.278 (C.19:60-2); or
d. a municipality holding regular municipal elections on the second Tuesday in May pursuant to P.L.1981, c.379 (C.40:45-5 et seq.)
may conduct [all] its elections by mail, provided there is an affirmative vote to do so by the governing body of the municipality in the case of municipal elections, by the board of fire commissioners in the case of fire district elections, or by the school board in the case of school elections, and by the governing body of the county in which the municipality or district is located. An election conducted by mail shall be conducted pursuant to the provisions of this act, P.L.2005, c.148 (C.19:62-1 et seq.).
(cf: P.L.2005, c.148, s.1)
2. Section 2 of P.L.2005, c.148 (C.19:62-2) is amended to read:
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, municipal clerk, clerk of the board of fire commissioners, or school board secretary, as may be appropriate, 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] or district conducting
that election;
c. designate the county clerk's office [or], the municipal clerk's office or another appropriate location 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, the board of fire district commissioners, or the school board, as may be appropriate, and pursuant to criteria established by the Secretary of State, places within the county [or], municipality or district 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, or another designated location, so that each person who has been a resident of the county [or], municipality or district 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 or district 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] or district samples of the official ballot of any election, but distribute to each registered voter in the municipality or district 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 or districts 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 or district requesting a mail-in ballot between the 45th 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, the board of fire district commissioners, or the school board, as may be appropriate 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 of elections on the day of an election to be considered valid and counted.
(cf: P.L.2011, c.37, s.29)
3. 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, the clerk of the board of fire commissioners, or the secretary of the school board, as may be appropriate, 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. 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;
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] Secretary of State, 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)
4. Section 4 of P.L.2005, c.148 (C.19:62-4) is amended to read as follows:
4. If an election by mail is authorized pursuant to section 1 of this act, P.L.2005, c.148 (C.19:62-1), the superintendent of elections or the commissioner of registration, as may be appropriate, shall make certain that at least one voting machine that is fully accessible to individuals with disabilities shall be located in the office of the municipal clerk, or another designated location if appropriate, and available for use by such individuals. Other than as provided for in section 9 of P.L. 2005, c.148 (C.19:62-9), all the provisions of this Title concerning polling places shall apply to the office of a municipal clerk or another designated location used for this purpose, as [deemed appropriate by the Attorney General] determined by the Secretary of State.
(cf: P.L.2005, c.148, s.4)
5. Section 5 of P.L.2005, c.148 (C.19:62-5) is amended to read as follows:
5. A registered voter may obtain a replacement ballot if a ballot has not been received by that person, or if it has been destroyed, spoiled or lost. A registered voter seeking a replacement ballot shall proceed to the office of the county clerk [or], municipal clerk, or another designated location if appropriate, to obtain such a ballot and sign a sworn statement that the ballot was destroyed, spoiled, lost or not received and present the statement to the county clerk [or], the municipal clerk, or another appropriate official, as the case may be, prior to the time designated by law for the closing of the polls for that election. The county clerk [and], municipal clerk, or another appropriate official, as the case may be, shall each keep a record of each replacement ballot provided.
Nothing in this section shall prevent a voter seeking a replacement ballot from obtaining such a ballot from the county clerk [or], municipal clerk, or another appropriate official, as the case may be, anytime after ballots have been mailed to registered voters pursuant to subsection b. of section 2 of P.L.2005, c.148 (C.19:62-2) and before the day of the election or from mailing a replacement ballot to the county board of elections prior to the day of the election.
(cf: P.L.2005, c.148, s.5)
6. Section 6 of P.L.2005, c.148 (C.19:62-6) is amended to read as follows:
6. Each ballot obtained from the county clerk [or the], municipal clerk, or another appropriate official, as the case may be, shall have printed or stamped on it the following statement:
ANY PERSON WHO, BY USE OF FORCE OR ANY OTHER MEANS, UNDULY INFLUENCES A VOTER TO VOTE IN ANY PARTICULAR MANNER OR TO REFRAIN FROM VOTING IS GUILTY OF A CRIME.
(cf: P.L.2005, c.148, s.6)
7. Section 9 of P.L. 2005, c.148 (C.19:62-9) is amended to read as follows:
9. The office of the county clerk, municipal clerk, or another appropriate official, as the case may be, shall be open from 6:00 a.m. to 8:00 p.m. on the day of an election to provide replacement ballots or provisional ballots to voters, receive voted ballots being deposited in person by voters and permit individuals with disabilities to vote using a voting machine that is fully accessible to such individuals. During this time, such appropriate staff shall be available for election purposes at the office of the county clerk, municipal clerk, or another appropriate official, as may be required by [the county board of elections] the provisions of P.L.2005, c.148 (C.19:62-1 et seq.) and the Secretary of State to ensure the proper administration of the election process.
(cf: P.L.2005, c.148, s.9)
8. This act shall take effect immediately and shall be applicable to any election held on or after the 180th day following the date of enactment.
STATEMENT
The purpose of this bill is to permit certain local government units to conduct elections by mail.
Specifically, the bill would apply to: 1) a fire district holding its annual election in February; 2) a municipal or regional school district holding its annual election in April or holding a special school election; or 3) a municipality holding regular municipal elections in May. An election could occur by mail in these local government units if there is an affirmative vote to do so by the governing body of the municipality in the case of municipal election, by the board of fire commissioners in the case of fire district elections, or by the school board in the case of school elections, and by the governing body of the county in which the municipality or district is located.
The provisions of this bill are based on P.L.2005, c.148 (C.19:62-1 et seq.), which permits municipalities with a population of 500 or fewer persons, according to the latest federal decennial census, to conduct all its elections by mail.
