Bill Text: NJ A4881 | 2018-2019 | Regular Session | Introduced
Bill Title: Permits voter to have signature on certificate of mail-in voter notarized.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2019-01-15 - Introduced, Referred to Assembly State and Local Government Committee [A4881 Detail]
Download: New_Jersey-2018-A4881-Introduced.html
Sponsored by:
Assemblyman MICHAEL PATRICK CARROLL
District 25 (Morris and Somerset)
Assemblywoman NANCY F. MUNOZ
District 21 (Morris, Somerset and Union)
SYNOPSIS
Permits voter to have signature on certificate of mail-in voter notarized.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning notarized signature on mail-in ballots and amending P.L.2009, c.79.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 13 of P.L.2009. c.79 (C:19:63-13) is amended to read as follows:
13. a. On the margin of the flap on the inner envelopes to be sent to mail-in voters there shall be printed a certificate in the following form:
CERTIFICATE OF MAIL-IN VOTER
I, ........................., whose home address is ..............
(print your name clearly) (street
..............................................., DO HEREBY CERTIFY,
address or R.D. number) (municipality) subject to the penalties for fraudulent voting, that I am the person who applied for the enclosed ballot. I MARKED AND SEALED THIS BALLOT AND CERTIFICATE IN SECRET. However, a family member may assist me in doing so.
...............................
(signature of voter)
Any person providing assistance shall complete the following:
I do hereby certify that I am the person who provided assistance to this voter and declare that I will maintain the secrecy of this ballot.
...............................
(signature of person providing
assistance)
...............................
(printed name of person providing
assistance)
...............................
...............................
(address of person providing
assistance)
If the voter chooses to have the voter's signature on the certificate of mail-in voter notarized, the notary public or any official authorized to administer oaths shall complete the following section:
I have verified the voter's identification, attest as witness, and declare the voter marked the ballot in my presence in secret.
Subscribed and sworn to before me on this day of , 20 .
I do herby certify that the voter is known (or made known) to me to be the identical party the voter claims to be.
...............................
(signature of notary public or any official
authorized to administer oaths)
...............................
(title of notary public or any official
authorized to administer oaths)
...............................
(address of notary public or any official
authorized to administer oaths)
b. On the margin of the flap on the inner envelope forwarded with any mail-in ballot intended to be voted in any primary election for the general election, as the case may be, there shall be printed a certificate in the following form:
CERTIFICATE OF MAIL-IN VOTER
I, ........................., whose home address is..............
(print your name clearly) (street address or R.D. number) (municipality)
..............................................., DO HEREBY CERTIFY,
subject to the penalties for fraudulent voting, that I am the person who applied for the enclosed ballot for the primary election of the ........ political party. I MARKED AND SEALED THIS BALLOT AND CERTIFICATE IN SECRET. However, a family member may assist me in doing so.
..............................
(signature of voter)
Any person providing assistance shall complete the following:
I do hereby certify that I am the person who provided assistance to this voter and declare that I will maintain the secrecy of this ballot.
..............................
(signature of person providing
assistance)
..............................
(printed name of person
providing assistance)
..............................
..............................
(address of person providing
assistance)
If the voter chooses to have the voter's signature on the certificate of mail-in voter notarized, the notary public or any official authorized to administer oaths shall complete the following section:
I have verified the voter's identification, attest as witness, and declare the voter marked the ballot in my presence in secret.
Subscribed and sworn to before me on this day of , 20 .
I do herby certify that the
voter is known (or made known) to me
to be the identical party the voter claims to be.
...............................
(signature of notary public or any official
authorized to administer oaths)
...............................
(title of notary public or any official
authorized to administer oaths)
...............................
(address of notary public or any official
authorized to administer oaths)
c. The clerk of each county shall be permitted to print on or affix to the margin of the flap on the inner envelope of the mail-in ballot transmitted thereby to a mail-in ballot voter an alternative certificate, substantially similar to the certificate provided for by subsection a. or b. of this section, that permits the voter to have the voter's signature on the certificate notarized, pursuant to subsection d. of this section, and permits the voter to certify the correctness of the voter's name, street, mailing address or R.D. number, and municipality as it appears on the label of the mail-in ballot received by the voter.
d. Upon receipt of a mail-in ballot, a qualified voter shall be permitted, in the presence of a notary public or any official authorized to administer oaths pursuant to R.S.41:2-1, to mark their ballot in secret, to place the ballot in the inner envelope, and to sign the voter's certificate of mail-in voter on the inner envelope in the presence of the authorized official listed in this subsection. The notary public or any official authorized to administer oaths attesting as witness shall provide their signature, title, and address on the voter's certificate of mail in voter along with the date on which the voter marked and signed the ballot, but no seal shall be required. The notary public or any official authorized to administer oaths shall obtain and keep a record of the voter's identification. A ballot with a notarized signature on the certificate of mail-in voter shall not be disqualified on the basis of a signature mismatch or irregularity in comparison with the voter's signature in the Statewide voter registration system. A notarized signature on the certificate of mail-in voter is optional and at the discretion of the voter.
No notary public or any official authorized to administer oaths shall charge or collect a fee for notarizing the signature on any certificate of mail-in voter. A notary public or any official authorized to administer oaths who charges or collects a fee for notarizing the signature on any certificate of mail-in voter is guilty of official misconduct pursuant to N.J.S.2C:30-2.
(cf: P.L.2018, c.72, s.6)
2. This act shall take
effect 180 days following enactment.
STATEMENT
This bill permits a voter to have their signature on their certificate of mail-in voter attested by a notary public or any official authorized to administer oaths to prevent ballot disqualification due to a signature irregularity. The notary public or any official authorized to administer oaths is required to sign the certificate of mail-in voter attesting as a witness, and provide their title, address, and the date on which the voter marked and signed the ballot. The notary public or any official authorized to administer oaths is also required to obtain and keep a record of the voter's identification.
Under the bill, no notary public or any official authorized to administer oaths is permitted to charge or collect a fee for notarizing the signature on any certificate of mail-in voter. A notary public or any official authorized to administer oaths who charges or collects a fee for notarizing the signature on any certificate of mail-in voter is guilty of official misconduct.
