Bill Text: NJ S2942 | 2020-2021 | Regular Session | Introduced


Bill Title: Requires in-person early voting for 2020 election; raises pay for election workers for 2020 general election; requires county boards to consider appointing certain residents as election workers.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2020-09-21 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S2942 Detail]

Download: New_Jersey-2020-S2942-Introduced.html

SENATE, No. 2942

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED SEPTEMBER 21, 2020

 


 

Sponsored by:

Senator  DECLAN J. O'SCANLON, JR.

District 13 (Monmouth)

 

 

 

 

SYNOPSIS

     Requires in-person early voting for 2020 general election; raises pay for election workers for 2020 general election; requires county boards to consider appointing certain residents as election workers.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning in-person early voting and election workers for the 2020 general election.

 

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

 

     1.    a.   Notwithstanding the provisions of Title 19 of the Revised Statues or any law, rule, or regulation to the contrary, a registered voter shall be permitted to vote at a specially designated polling place before the day of the 2020 General Election, starting on the 14th day before the election and ending on the calendar day before the election.  This procedure shall be known as early voting.

     The voting shall be conducted using voting machines.  A registered voter who received a mail-in ballot under the provisions of "The Vote By Mail Law," P.L.2009, c.79 (C.19:63-1 et seq.) shall be permitted to vote during the early voting period for the 2020 General Election by bringing the completed mail-in ballot in-person to an early voting location, and the ballot shall be accepted at the early voting location and canvassed on election day as required by law.  Pursuant to the provisions of this act and Title 19 of the Revised Statutes, each county board of elections shall determine the method of verifying that a registered voter is qualified to vote in the election and shall prescribe the manner by which a registered voter may vote during such period.

     b.    The county board of elections shall designate at least one public location within each municipality of that county as the site for early voting to occur for the 2020 general election.  Whenever possible, each such location shall be geographically located in the part of the municipality that features the greatest concentration of population, according to the most recent federal decennial census of the United States.  All early voting locations shall be public facilities, such as municipal courthouses and the offices of the municipal clerk.  The locations shall be designated at the same time as all other polling places are designated by the board of elections.  In the event of a tie vote among members of the county board with respect to the selection of sites for early voting, the municipal clerk shall cast the deciding vote.

     c.     Each early voting site in a municipality for the 2020 general election shall be open for early voting on each calendar day of the early voting period, including Saturday and Sunday, from 8 AM to 8 PM.  Any voter who is on line at the time scheduled for the closing of an early voting site shall be permitted to vote.

     d.    The election officers responsible for conducting early voting for the 2020 general election shall be the same as those responsible for conducting a general election pursuant to Title 19 of the Revised Statues.  The number of such officers and their hours of service shall be as determined by each county board of elections.  The compensation for such officers shall be provided pursuant to section 7 of this act, P.L.   , c.   (pending before the Legislature as this bill).

     e.     The restrictions governing the conduct of voters at a polling place on the days that early voting occurs for the 2020 general election, the procedures governing who is permitted in a polling place on such occasions, and the prohibition on electioneering within 100 feet of a polling place during an election, shall be as provided in chapters 15, 34, 50 and 52 of Title 19 of the Revised Statutes and every other applicable section of Title 19 of the Revised Statues.

     f.     At least once each day during the early voting period for the 2020 general election, each county board shall make such changes as may be necessary to the voter's record in the Statewide voter registration system and the signature copy register used at each polling place to indicate that a voter has voted in that election using the early voting procedure.

     g.    Each county board shall be responsible for forming and executing a written plan to ensure, to the greatest extent possible, the integrity of the voting process and the security of ballots used during the early voting period for the 2020 general election, including the security of the voting machines and voted ballots and election records.  The plan shall be based on guidelines established by the Secretary of State.  The Secretary of State shall review and, if deemed necessary thereby, require changes to a plan.  Each plan shall specify a chain of custody for ballots and voted ballots and shall require, among other specifications deemed necessary by the Secretary of State and county boards of election, that all voted ballots shall be transferred at the end of each early voting day to county boards of election for safekeeping until canvassing on election day as required by law.

     Each county board shall submit its plan to the Secretary of State within 10 days following the effective date of this act and the Secretary of State shall review it and, if deemed necessary thereby, require changes in the plan no later than 10 days before the start of the early voting period for the 2020 general election.

     h.    Each county board shall make certain that each polling place used for early voting for the 2020 general election shall be accessible to individuals with disabilities and the elderly, in compliance with the "Americans with Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.), and that each polling place provides such voters, including the blind and visually impaired, the same opportunity for access and participation, including privacy and independence, as other voters in compliance with the "Help America Vote Act of 2002" (42 U.S.C. s.15481).

     i.     Each polling place used for early voting for the 2020 general election shall have such appropriate supplies, ballots and other materials deemed necessary by the Secretary of State or as is required currently for a polling place on the day of any election by Title 19 of the Revised Statutes.

     j.     Samples of the official 2020 general election ballot shall be provided and mailed as required by law but in no case later than noon of the 12th day prior to the start of the early voting period for the 2020 general election.  The sample ballot shall state clearly the days, hours, and places at which early voting for the 2020 general election shall be available in the county.

 

     2.    a.  Notwithstanding the provisions of Title 19 of the Revised Statues or any law, rule, or regulation to the contrary, a duly-registered voter shall be permitted to participate in early voting for the 2020 general election after completing an Early Voting Voter Certificate in substantially the following form:

 

EARLY VOTING VOTER CERTIFICATE

I,__________(your name), am a registered voter, residing at___________________ (your street address),__________County, New Jersey. I do solemnly swear or affirm that I am the person so listed on the voter registration rolls of ___________County and that I reside at the above address. I understand that if I commit or attempt to commit fraud in connection with voting, vote fraudulently or vote more than once in an election I could be convicted of a crime of the third degree and fined up to $15,000 and imprisoned for up to five years. I understand that my failure to sign this certificate invalidates my vote.

 

___________________

(Voter Signature)

___________________

(Date)

 

Using the completed early voting certificate, and prior to permitting the voter to vote, an election official shall ascertain, in substantially the same manner as required on the day of an election pursuant to Title 19 of the Revised Statutes, that the voter is a duly-registered voter of the county and is entitled to vote in that election. Each early voting voter certificate shall be collected and forwarded to the county board at the end of each day of the early voting period and shall be kept by the board for two years following the date of the election.

     b.    A voter who has voted in the 2020 general election using the early voting procedure established by this act, P.L.   , c.   (pending before the Legislature as this bill), shall not be permitted to vote by mail-in ballot or in person at the polling place in the voter's election district on the day of the election.

     3.    Notwithstanding any law, rule, or regulation to the contrary, in addition to any publications required under Title 19 of the Revised Statutes, the Secretary of State and each county board of elections shall cause to be published information concerning the early voting procedure for the 2020 General Election on the Department of State's website and on each county's website.  The early voting information for the 2020 General Election shall include, but may not be limited to, a notice to the public concerning their eligibility to participate in early voting, the duration of the early voting period, and the locations and hours of operation of specially designated polling places for early voting in each county.

 

     4.    Notwithstanding any law, rule, or regulation to the contrary, the appointment of challengers for early voting for the 2020 general election shall be in the same manner as provided in chapter 7 of Title 19 of the Revised Statutes for all elections.  The name and address of each challenger, including a candidate acting as a challenger or a challenger representing a grouping of two or more candidates, together with the number or name and location of the polling place at which the challenger is to serve, shall be filed with the county board of elections not later than the fifth day preceding the start of the early voting period for the 2020 general election.

     Each challenger, including a candidate acting as a challenger or a challenger representing a grouping of two or more candidates, shall have all of the powers of challengers serving at other elections, as provided for in R.S.19:7-5 and by R.S.19:15-1 et seq.

     Any voter whose name does not appear on a challenge list but who is challenged as not qualified or entitled to vote by a challenger duly appointed pursuant to this section shall be entitled to the rights and protections provided by R.S.19:15-18 et seq., and every other applicable section of Title 19 of the Revised Statues.

 

     5.    Notwithstanding any law, rule, or regulation to the contrary, during the early voting period for the 2020 general election, the county board shall make available to the public a tally of the total number of voters who have cast a ballot at each early voting location during the previous day.  The county boards shall prepare an electronic data file listing the names of the individual voters who cast a ballot during the early voting period.  This information shall be made available to the public in an electronic format pursuant to rules adopted by the county board and subject to review by the Secretary of State.  The information shall be updated and made available to the public no later than noon of each day during the early voting period and shall at the same time be provided to the clerk of the county in which early voting is occurring and to the Secretary of State.

     6.    a.  Notwithstanding any law, rule, or regulation to the contrary, an early vote cast in the 2020 General Election, as provided for in this act, P.L.   , c.   (pending before the Legislature as this bill), shall not be canvassed prior to the opening of the polls on the day of the 2020 general election.  A county board of elections may begin canvassing mail-in ballots and early votes cast for the 2020 general election at the time set for the opening of the polls on the date of that election.  The contents of mail-in ballots and early votes cast shall remain confidential and shall be disclosed only in accordance with the provisions of Title 19 of the Revised Statutes and regulations concerning the disclosure of election results.

     b.    The court shall impose an imprisonment of ten days, in addition to such other penalties as are authorized by law, if a person is convicted for knowingly and willing:

     (1)   intimidating, threatening, or coercing, or attempting to intimidate, threaten, or coerce, a voter during the 2020 general election period; or

     (2)   releasing a voter's ballot information after the ballot has been voted, sealed, and delivered to the appropriate election officials during the 2020 general election period.

 

     7.    a.   Notwithstanding the provisions of R.S.19:45-6 or any law, rule, or regulation to the contrary, the compensation of each member of the district boards for all services rendered, including the counting of the votes, and in counties wherein voting machines are used, the tabulation of the votes registered on the voting machines, and the delivery of the returns, registry binders, ballot boxes and keys for the voting machines to the proper election officials, shall be $400 per day for the 2020 general election, including during the early voting period.

     b.    Notwithstanding the provisions of R.S.19:45-6.2 or any other law, rule, or regulation to the contrary, upon application for reimbursement by a county or a municipal governing body, as appropriate, to the Secretary of State and approval of the application by the Director of the Division of Budget and Accounting, a county or municipality shall be reimbursed by the State for:

     (1)   any compensation paid to each member of the district board of elections who shall have served during the 2020 general election, including during the early voting period, and who shall have qualified for and been paid $400 per day for such service in accordance with section 1 of this act and R.S.19:45-6, and

     (2)   any additional costs incurred by the county or municipality as a result of the provisions of this act, P.L.    , c.   (pending before the Legislature as this bill).

     8.    Notwithstanding the provisions of R.S.19:6-2 or any law, rule, or regulation to the contrary, a county board of elections shall consider the option of appointing members of the district board of elections that are under the age of 35, including high school and college students, and State employees who have been furloughed because of the novel coronavirus pandemic.

 

     9.    Notwithstanding any law, rule, or regulation to the contrary, the Secretary of State is hereby authorized to make such adjustments to Title 19 of the Revised Statutes as may be necessary to effectuate the purposes of this act.

 

     10.  a.     The State shall consider utilizing a portion of those federal block grant funds allocated to the State from the federal "Coronavirus Relief Fund," established pursuant to the federal "Coronavirus Aid, Relief, and Economic Security Act," (15 U.S.C. s.9001 et seq.), to cover the costs of in-person early voting and increased compensation to election workers for the 2020 general election.

     b.    There is appropriated from the State General Fund to the Department of State such sums as shall be necessary to reimburse counties for the costs of implementing the requirements in section 7 of this act, P.L.    , c.   (pending before the Legislature as this bill), subject to the approval of the Director of the Division of Budget and Accounting in the Department of the Treasury.  The clerk of each county shall certify to the Department of State, in a manner prescribed by the department, the total cost incurred by the county and the municipalities within the county to implement the provisions of this act.

 

     11.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill requires an in-person early voting procedure for the 2020 general election to allow voters to cast their votes at specially designated polling places, starting on the 14th day before the 2020 general election, and ending on the day before that election (a Monday).

     Under the bill, in-person early voting will enable a registered voter to vote at a designated polling place before the day of the 2020 general election using voting machines.  A registered voter who received a mail-in ballot under the provisions of "The Vote By Mail Law," P.L.2009, c.79 (C.19:63-1 et seq.) may vote during the early voting period for the 2020 general election by bringing the completed mail-in ballot in-person to an early voting location, and the ballot would be accepted at the early voting location and canvassed on election day as required by law.  A mail-in ballot or early vote cast in the 2020 general election would not be canvassed prior to the opening of the polls on the day of the 2020 general election.  A county board of elections may begin canvassing mail-in ballots and early votes cast for the 2020 general election at the time set for the opening of the polls on the date of that election.  The contents of mail-in ballots and early votes cast would remain confidential and would be disclosed only in accordance with the law concerning the disclosure of election results.

     Under the bill, the court is required to impose an imprisonment of ten days, in addition to such other penalties as are authorized by law, if a person is convicted for knowingly and willing:

     (1)   intimidating, threatening, or coercing, or attempting to intimidate, threaten, or coerce, a voter during the 2020 general election period; or

     (2)   releasing a voter's ballot information after the ballot has been voted, sealed, and delivered to the appropriate election officials during the 2020 general election period.

     The bill provides that designated polling places must be open for early voting on each calendar day of the early voting period, including Saturday and Sunday, from 8 AM to 8 PM.  A duly-registered voter will be permitted to vote after signing an early voting voter certificate, and after the voter's eligibility to vote is ascertained in substantially the same manner as done on election day.  At least once each day during the early voting period for the 2020 general election, and prior to the start of the regularly scheduled election, each county board must make such changes as may be necessary to the voter's record in the Statewide voter registration system and the signature copy register used at each polling place to indicate that a voter has voted in the 2020 general election using the early voting procedure.  A voter who participates in early voting would not be permitted to vote by mail-in ballot or in person on election day.

     The bill also provides that each county board of elections is to designate at least one public location within each municipality of that county as the site for early voting to occur for the 2020 general election.  Whenever possible, early voting sites must be geographically located so as to ensure both access in the part of the municipality that features the greatest concentration of population, according to the most recent federal decennial census of the United States, and access in various geographic areas of the municipality.

     The election officers responsible for conducting early voting for the 2020 general election would be the same as those responsible for conducting any general election.  The number of such officers and their hours of service would be as determined by each county board of elections.

     The bill provides that each county board will be responsible for forming and executing a written plan for the security of the ballots used during the early voting period for the 2020 general election, including voted ballots and election materials, based on guidelines established by the Secretary of State.  The written security plan is to ensure, to the greatest extent possible, the integrity of the voting process and the security of ballots used during the early voting period for the 2020 general election.  The security plan must specify a chain of custody of voting machines and voted ballots, which must include the transfer of voted ballots to each county board of elections at the end of each early voting day for safekeeping until canvassing on election day.  The procedures for the early voting period for the 2020 general election concerning the conduct of voters at the polling place and the appointment of challengers, as well as the prohibition on electioneering within 100 feet of a polling place, will be as provided for in current law.

     The bill also provides that, in addition to any publications required under Title 19 of the Revised Statutes, the Secretary of State and county boards of elections must publish on the Department of State's website and the respective county's website information concerning the early voting procedure for the 2020 general election.  The early voting information must include, but may not be limited to, a notice to the public concerning their eligibility to participate in early voting, the duration of the early voting period, and the locations and hours of operation of specially designated polling places for early voting in each county.

     Under the bill, the pay of election workers for the 2020 General Election would also be increased from $200 per day to $400 per day during the 2020 general election, including during the early voting period.  Under current law, election workers are paid $200 per day each time the primary election, the general election, or any special election is held.  This bill provides election workers with compensation of $400 per day during the 2020 general election period and provides that the State reimburse 100 percent of the costs incurred by counties or municipalities for any compensation paid to election workers during that election.

     The State, upon application for reimbursement by a county governing body to the Secretary of State and approval of the application by the Director of the Division of Budget and Accounting, would reimburse that county or municipality for any additional costs incurred by the county as a result this bill.

     The State is also required to consider utilizing a portion of those funds allocated to the State from the federal "Coronavirus Aid, Relief, and Economic Security Act," (15 U.S.C. s.9001 et seq.), to cover the costs of in-person early voting and increased compensation to election workers for the 2020 general election.

     The bill also requires county board of elections to consider the option of appointing members of the district board of elections that are under the age of 35, including high school and college students, and State employees who have been furloughed because of the novel coronavirus pandemic.

     This bill is based on the early voting procedures used by other states that permit in-person voting prior to the day of certain elections and would only apply to the 2020 General Election.

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