Bill Text: NJ S2699 | 2020-2021 | Regular Session | Introduced


Bill Title: Permits voters to cure signature defects on mail-in and provisional ballots.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-08-20 - Combined with S2598 (SCS) [S2699 Detail]

Download: New_Jersey-2020-S2699-Introduced.html

SENATE, No. 2699

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED JULY 16, 2020

 


 

Sponsored by:

Senator  NIA H. GILL

District 34 (Essex and Passaic)

 

 

 

 

SYNOPSIS

     Permits voters to cure signature defects on mail-in and provisional ballots.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning the curing of signature defects on mail-in and provisional ballots and supplementing Title 19 of the Revised Statutes.

 

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

 

     1.    a.   Notwithstanding P.L.2009, c.79 (C.19:63-1 et seq) and P.L.1999, c.232 (C.19:53C-1 et seq) or any other law, rule, or regulation to the contrary, a county board of elections shall not reject a mail-in or provisional ballot with a missing signature or a signature mismatch unless the voter who submitted the ballot is first given the opportunity to cure signature deficiencies.  A mail-in or provisional ballot shall be tentatively rejected until the voter cures signature deficiencies.

     b.    When a county board of elections has identified a ballot containing either a missing signature or a signature mismatch, the board shall tentatively reject the ballot and notify the voter within 24 hours from the time the ballot was tentatively rejected.  The board shall send the voter a cure letter by regular mail informing the voter that his or her ballot has been tentatively rejected because of a missing signature or a signature mismatch, along with a cure form and a postage pre-paid return envelope.  The letter shall also instruct the voter to return the enclosed cure form in the enclosed postage pre-paid return envelope by mail to the county board of elections, or in person, by fax, or email on or before the 14th day following the election.

     c.     Every form enclosed with a cure letter pursuant to subsection b. of this section shall have the voter's name and address preprinted, allow the voter to affirm that he or she submitted the mail-in or provisional ballot, and verify his or her identity.

     A voter may verify his or her identity for curing purposes by providing the number of a driver license or a non-driver identification card.  If the voter does not possess either form of identification, the last four digits of his or her social security number may be provided.  If the voter does not have any of the above forms of identification, a copy of a state-accepted form of identification listing the voter's name and address may be submitted. State-accepted forms of identification shall include:

     (1)   a sample ballot;

(2)   any official federal, state, county, or municipal document;

(3)   a billing statement from a utility or telephone company; or

(4)   tax or rental receipts.

     If a voter attaches a copy of a state-accepted identification document to his or her cure form, the address listed on such document need not match the address the voter used for purposes of voter registration provided the document otherwise verifies the voter's identity.

     d.    If a voter timely returns a properly completed cure form and the information provided verifies his or her identity, the mail-in or provisional ballot shall be counted in the final results of the election. Failure to return the cure form shall result in the rejection of the mail-in or provisional ballot.

 

     2.    a.   A county board of elections shall, within 8 days following an election, report to the Division of Elections in the Department of State whether it has completed the processing of all mail-in and provisional ballots pursuant to section 1 of P.L.    , c.     (C.    ) (pending before the Legislature as this bill).

     b.    In the event such processing has not been completed, a county board of elections shall report to the division:

     (1)   the number of all mail-in and provisional ballots pending review;

     (2)   the date in which review will be completed;

     (3)   the number of mail-in and provisional ballots pending review; and

     (4)   when the board intends to meet to process those ballots.

 

     3.    a.   The Secretary of State shall issue guidance advising county boards of elections to, at a minimum, meet in advance of the date of an election and eight days after an election to discharge their duties pursuant to section 1 of P.L.    , c.     (C.    ) (pending before the Legislature as this bill).

     b.    The Secretary of State shall direct the Division of Elections to conduct a public awareness campaign in advance of an election concerning the importance of a voter's signature on mail-in and provisional ballots.  The campaign shall be reasonably designed to inform voters:

     (1)   that mail-in and provisional ballots are verified using signature matching;

     (2)   that ballots may be tentatively rejected as a result of signature discrepancies;

     (3)   that they are entitled to receive notice of a tentative rejection and be provided with the opportunity to cure signature discrepancies; and

     (4)   of the notice and cure process in a detailed overview.

     c.     The Secretary of State shall issue guidance to boards of elections stating:

     (1)   that it is expected that there will be some variation in the way a voter signs his or her signature;

     (2)   that there are numerous factors that lead to signature variation including, but not limited to, age, disability, underlying health conditions, the writing implement and surface used, level of concentration, and educational background;

     (3)   that studies have shown that county boards of elections are more likely to reject genuine signatures than non-genuine ones; and

     (4)   that signatures on mail-in and provisional ballots should be presumed valid unless there is a clear discrepancy that cannot be reasonably explained.

 

     4.    This act shall take effect January 1, 2021.

 

 

STATEMENT

 

     This bill prohibits county boards of elections from rejecting any mail-in or provisional ballot with a missing signature or a signature mismatch unless the voter is provided the opportunity to cure signature discrepancies.  The ballot will be tentatively rejected until the voter cures the discrepancies within 14 days following the election. 

     Under the bill, when a county board of elections has identified a mail-in or provisional ballot containing either a missing signature or a signature mismatch, the board must notify the voter within 24 hours from the time the ballot was tentatively rejected.  The bill requires the board to send the voter a cure letter instructing the voter to return the enclosed cure form by mail, fax, email, or in person to the board of elections 14 days following the date of the election.  The form would allow the voter to verify his or her identity by providing the number of a driver's license or a non-driver identification card.  If the voter does not possess either form of identification, the last four digits of his or her social security number may be provided.  If the voter does not have any of the above forms of identification, a copy of a state-accepted form of identification listing the voter's name and address may be submitted.

     If a voter timely returns a properly completed cure form and the information provided verifies his or her identity, the mail-in or provisional ballot would be counted in the final election results. Failure to return the cure form would result in a rejection of the mail-in or provisional ballot.

     A county board of elections must report to the Division of Elections, within 14 days after an election, whether it has completed the processing of all mail-in and provisional ballots.  If processing has not been completed, the board must provide an update on its progress.

     This bill also directs the Secretary of State to issue guidance advising county boards of elections to, at a minimum, meet in advance of the date of an election and eight days after an election to discharge their duties under the bill and to issue guidance regarding signature variation.

     Finally, the Division of Elections is required to conduct a public awareness campaign in advance of an election concerning the importance of signatures on mail-in and provisional ballots, how signatures are verified, and the notice and cure process.

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