Bill Text: NJ S2278 | 2020-2021 | Regular Session | Introduced
Bill Title: Provides primary and school election sample ballots may be sent to registered voter by electronic mail if so requested.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-19 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S2278 Detail]
Download: New_Jersey-2020-S2278-Introduced.html
Sponsored by:
Senator JAMES BEACH
District 6 (Burlington and Camden)
SYNOPSIS
Provides primary and school election sample ballots may be sent to registered voter by electronic mail if so requested.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the electronic delivery of sample ballots to registered voters for primary and school elections, and supplementing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Notwithstanding the provisions of R.S.19:23-30 or any provision of chapter 23 of Title 19 of the Revised Statutes to the contrary, the district board or the commissioner of registration, as the case may be, shall deliver a copy of the official primary election sample ballot of each political party, and any additional documents that may be required to be provided therewith, by electronic mail instead of regular mail to any registered voter of the district who is eligible to participate in the primary election and who requests to receive the sample ballot and documents by electronic mail. The registered voter shall provide the voter's physical address on the request to receive the sample ballot and documents by electronic mail. In the event the district board or the commissioner of registration, as the case may be, receives a failure to deliver notice from the electronic mail account of the voter who requested to receive a sample ballot by electronic mail for the primary election, the district board or the commissioner of registration, as the case may be, shall transmit a paper copy of the sample ballot to the voter in a timely manner. The electronic mail address of any voter who requests to receive a sample ballot by electronic mail pursuant to this section shall not be a government record as defined in section 1 of P.L.1995, c.23 (C.47:1A-1.1) and shall not be available for public inspection or copying, and shall be redacted from any document that it is a part of.
2. Notwithstanding the provisions of R.S.19:60-10 or any provision of chapter 60 of Title 19 of the Revised Statutes to the contrary, the district board or the commissioner of registration, as the case may be, shall deliver a copy of the official school election sample ballot, and any additional documents that may be required to be provided therewith, by electronic mail instead of regular mail to any registered voter who is eligible to participate in the school election and who requests to receive the sample ballot and documents by electronic mail. The registered voter shall provide the voter's physical address on the request to receive the sample ballot and documents by electronic mail. In the event the district board or the commissioner of registration, as the case may be, receives a failure to deliver notice from the electronic mail account of the voter who requested to receive a sample ballot by electronic mail for the school election, the district board or the commissioner of registration, as the case may be shall transmit a paper copy of the sample ballot to the voter in a timely manner. The electronic mail address of any voter who requests to receive a sample ballot by electronic mail pursuant to this section shall not be a government record as defined in section 1 of P.L.1995, c.23 (C.47:1A-1.1) and shall not be available for public inspection or copying, and shall be redacted from any document that it is a part of.
3. The Secretary of State, in collaboration with the election officials in this State, shall develop standard procedures to effectuate the provisions of sections 1 and 2 of P.L. , c. , (C. , and C. , respectively) (pending before the Legislature as this bill). The procedures shall:
a. establish a method to inform all voters of the opportunity to receive a sample ballot and other materials by electronic mail, and by which a voter can notify election officials of his or her desire to obtain a ballot and other materials by electronic mail in lieu of receiving them by regular mail;
b. maintain the confidentiality of the voter electronic mail addresses;
c. provide notice and opportunity for a voter who has requested to receive a sample ballot and other materials by electronic mail to request to again receive the sample ballot and other materials by regular mail; and
d. address any additional necessary measures for the proper implementation of these provisions.
The procedure developed pursuant to this section shall include a notice informing the voter that by completing a request to receive a sample ballot by electronic mail the voter is waiving his or her right to hold the district board or the commissioner of registration, as the case may be, legally responsible if the voter does not receive the sample ballot by electronic mail due to technical issues that are not under the control of the sender including, but not limited to, typographic errors made by the voter in providing his or her address, the action of a spam filter, deactivation of the voter's email address by the voter, or any other technical issue identified by the Secretary of State.
4. This act shall take effect immediately, but shall not apply with respect to a primary or school election that is scheduled to occur within 30 days of the bill's effective date.
STATEMENT
This bill allows the district board of election or the commissioner of registration, as appropriate, to send the primary election and school election sample ballots by electronic mail instead of regular mail to any registered voter in the election district who is eligible to participate in that election, and who requests to receive the sample ballot by electronic mail. Under current law, sample ballots must be printed and mailed to each eligible registered voter. The bill further provides that the electronic mail address of any voter who requests to receive a sample ballot by electronic mail would not be a government record under the "Open Public Records Act," would not be available for public inspection or copying, and must be redacted from any document that it is a part of.
The bill provides that the registered voter shall provide the voter's physical address on the request to receive the sample ballot and documents by electronic mail. In the event the district board or the commissioner of registration, as the case may be, receives a failure to deliver notice from the electronic mail account of the voter who requested to receive a sample ballot by electronic mail for the primary election, the district board or the commissioner of registration, as the case may be, shall transmit a paper copy of the sample ballot to the voter in a timely manner.
The bill directs the Secretary of State, in collaboration with the election officials in this State, to develop standard procedures to effectuate the provisions of the bill. These procedures would include, but may not be limited to: (1) establishing a method to inform all voters of the opportunity to receive a sample ballot and other materials by electronic mail, and by which a voter can notify election officials of his or her desire to obtain a ballot and other materials by electronic mail in lieu of receiving them by regular mail; (2) maintaining the confidentiality of the voter electronic mail addresses; and (3) providing notice and opportunity for a voter who has requested to receive a sample ballot and other materials by electronic mail to request to again receive the sample ballot and other materials by regular mail.
The bill also provides that the standard procedures shall include a notice informing the voter that by completing a request to receive a sample ballot by electronic mail the voter is waiving his or her right to hold the district board or the commissioner of registration, as the case may be, legally responsible if the voter does not receive the sample ballot by electronic mail due to technical issues that are not under the control of the sender including, but not limited to, typographic errors made by the voter in providing his or her address, the action of a spam filter, deactivation of the voter's email address by the voter, or any other technical issue identified by the Secretary of State.
