Bill Text: NJ A5176 | 2022-2023 | Regular Session | Enrolled
Bill Title: Requires periodic reporting of election results on night of primary and general election and until final tally thereafter; appropriates $1.5 million.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Passed) 2023-07-27 - Approved P.L.2023, c.131. [A5176 Detail]
Download: New_Jersey-2022-A5176-Enrolled.html
§2
C.19:52-9
§3
Approp.
§4
Note to §§1,2
An Act concerning the reporting of election results 2[and],2 amending 2and supplementing2 P.L.2018, c.110 2, and making an appropriation2.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2018, c.110 (C.19:52-3.1) is amended to read as follows:
1. [The] a. On the day of each primary and general election, the district boards of election at each polling place shall create and publicly display a notice containing an [official] unofficial count of the cumulative number of voters who have voted at each [precinct] election district, indicating the number of voters who have voted at the election district using a voting machine or voting equipment and the number of voters who have voted using a provisional ballot. The first notice shall be produced two hours from the opening of the polls and updated every two hours thereafter until the time the polls close 1[, with the final unofficial count to be posted as soon as practicable after the closing of the polls]1.
b. (1) By 11:59 2[P.M.] p.m.2 on the day of each primary and general election, and by 9 2[P.M.] p.m.2 of every day thereafter until all eligible ballots have been counted and the election is certified, each county clerk, in consultation with the county board of elections of that county, shall list in an easily accessible location on the county clerk's Internet site an unofficial report detailing the number and types of ballots that have been received 2[,] and, to the extent practicable, the number and types of ballots2 that have been counted, 1and1 that remain to be counted 1[, and the number of mail-in ballots that have yet to be received by the county board of elections or that remain outstanding]1 in that election. The reports required by this subsection shall include a date and time stamp designating the date and time of each report 1, except that nothing in this subsection shall be interpreted to require the county board of elections in each county to conduct the count of ballots on a daily basis1 . Each report shall detail, at the 2[election district, ward] legislative district2 , municipal, and county levels, the 2[unofficial election results using the]2 following categories 2of information2 :
(a) for the in-person early voting period, the number of early voting machines or voting equipment deployed, the number of early voting machines or voting equipment 2[remaining to be closed] not included in the tally2 1[at the conclusion of early voting each day]1 , 1and1 the total number of votes cast during the early voting period 1[, the number of provisional ballots cast during the early voting period, and the number of those provisional ballots counted]1 ;
(b) for the election day vote, the number of election day voting machines or voting equipment deployed, the number of election day voting machines or voting equipment 2[remaining to be closed] not included in the tally2 1[at the conclusion of voting on election day]1 , 1and1 the total number of votes cast in person on election day 1[, the number of provisional ballots cast on election day, and the number of those provisional ballots counted; and] ;1 2and2
(c) for the vote-by-mail vote, the number of vote-by-mail ballots that have been issued 2[,] and2 received 2[1and scanned]2 into the Statewide Voter Registration System1 2[, counted, 1and the approximate number of other vote-by-mail ballots that have been received but1 that remain to be counted]2 1[, and that have yet to be received or remain outstanding]1 2[in that election 1; and
(d) the number of provisional ballots cast during the early voting period and on election day, and the number of those provisional ballots counted1] , as well as the vote-by-mail ballots that have been tallied and that remain to be processed2 .
(2) Each county clerk, in consultation with the county board of elections of that county, shall send to the Secretary of State the reports required to be created and posted pursuant to paragraph (1) of this subsection at the time of each posting. Upon receiving each report, the Secretary of State shall provide in an easily 2[accessible] identifiable2 location on the Internet site of the Division of Elections 2, access to2 the county by county 2[and Statewide]2 totals for each category included in the reports. The county by county 2[and Statewide]2 totals required to be created and posted under this paragraph shall include a date and time stamp designating the date and time of the posting.
(3) With each report and posting required pursuant to this subsection, each county clerk and the Division of Elections shall note on their respective Internet sites that the reports and postings are unofficial and subject to change as each county clerk and county board of elections, as appropriate, receive and process ballots that have been cast in the election. 1The unofficial tally of election results and the daily reports shall not be interpreted to serve as the legal basis for the contest of any election.1 The Secretary of State, in consultation with county clerks and county boards of elections, shall promulgate uniform guidelines for all county clerks to follow in creating the reports and postings required by this subsection. 1In addition to the uniform guidelines, the Secretary of State shall develop a template for 2[all licensed voting machine vendors and poll book manufacturers in this State to follow to ensure that the voting machines and electronic poll books automatically generate the required reports as specified in the template and in a manner that is compatible with commonly-used election results viewing software and structure. The ability of the voting machines and electronic poll books to generate the required reports shall be a condition for the certification and use of the voting machines and electronic poll books in this State. Any voting machine or electronic poll book previously certified for use in this State shall incorporate the ability to generate the required reports within 120 days of the Secretary of State's development of the template] standardized reporting for all counties to follow2 .1
(4) 2[Whenever the reporting requirements of this subsection would cause a voter's privacy to be violated, the election results shall be reported in a manner that maintains the privacy of the vote, provided that the election results posted on the respective websites shall contain a disclosure stating that the results reported for some individual districts reflect measures to protect the privacy of the vote while the general tally accurately reflects the results] (a) On the day after each primary and general election, and by 9 [P.M.] p.m. of every day thereafter, each county clerk, in consultation with the commissioner of registration and the county board of elections of that county, shall list in an easily identifiable location on the county clerk's Internet site, an unofficial report of the total number of provisional ballots cast during the early voting period and on election day, which unofficial report shall be generated using the electronic poll book software.
(b) Beginning on the seventh day after each primary and general election, each county clerk, in consultation with the commissioner of registration and the county board of elections of that county, shall list in an easily identifiable location on the county clerk's Internet site, an unofficial report detailing the number of eligible provisional ballots that have been received. The reporting required by this subparagraph shall be updated by 9 [P.M.] p.m. on the date of such report and by 9 [P.M.] p.m. every day thereafter with the number of eligible provisional ballots that have been counted until all eligible provisional ballots have been counted and the election is certified2.
(cf: P.L.2018, c.110, s.1)
22. (New section) a. Upon the certification of the results of a primary or general election, each county clerk, in consultation with the commissioner of registration and the county board of elections of that county, shall list in an easily identifiable location on the county clerk's Internet site, the district level results for the in-person early voting period, the election day vote, and the vote-by-mail vote.
b. Whenever the reporting requirements of this subsection or section 1 of P.L.2018, c.110 (C.19:52-3.1) would cause a voter's privacy to be violated, the election results shall be reported in a manner that maintains the privacy of the vote, provided that the election results posted on the respective websites shall contain a disclosure stating that the results reported for some individual districts reflect measures to protect the privacy of the vote while the general tally accurately reflects the results.2
23. There is appropriated from the General Fund to the Department of State the sum of $1,500,000 for the purposes of effectuating the provisions of this act, P.L. , c. (pending before the Legislature as this bill).2
2[2.] 4.2 This act shall take effect 2[immediately] after the 2023 primary election and shall apply to the 2023 general election and all elections thereafter2 .
Requires periodic reporting of election results on night of primary and general election and until final tally thereafter; appropriates $1.5 million.
