Bill Text: NJ A1336 | 2012-2013 | Regular Session | Amended
Bill Title: Permits registered voters to receive mail-in ballots automatically for all elections under certain conditions.*
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2014-01-06 - Substituted by S1682 (1R) [A1336 Detail]
Download: New_Jersey-2012-A1336-Amended.html
ASSEMBLY, No. 1336
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman LOUIS D. GREENWALD
District 6 (Burlington and Camden)
Assemblyman WAYNE P. DEANGELO
District 14 (Mercer and Middlesex)
Assemblyman ALBERT COUTINHO
District 29 (Essex)
Co-Sponsored by:
Assemblyman Fuentes, Assemblywoman Riley and Assemblyman Ramos
SYNOPSIS
Permits registered voters to receive mail-in ballots automatically for all elections under certain conditions.
CURRENT VERSION OF TEXT
As reported by the Assembly State Government Committee on December 16, 2013, with amendments.
An Act concerning mail-in and sample ballots, amending various parts of Title 19 of the Revised Statutes, and supplementing 1chapter 14 of Title 19 of the Revised Statutes and1 P.L.2009, c.79 (C.19:63-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.2009, c.79 (C.19:63-3) is amended to read as follows:
3. a. A qualified voter shall be entitled to vote using a mail-in ballot in any election held in this State.
b. Not less than seven days before an election in which a voter wants to vote by mail, the voter may apply to the person designated in section 5 of P.L.2009, c.79 (C.19:63-5), for a mail-in ballot. The application shall be in writing, shall be signed by the applicant and shall state the applicant's place of voting residence and the address to which the ballot shall be sent. The Secretary of State shall prepare a mail-in application form and shall have the authority to promulgate any rules and regulations the secretary deems necessary to effectuate the purposes of this subsection. 1A voter registration form shall also be usable for this purpose.1
c. Any voter wanting to vote by mail in any election may apply to the person designated in section 5 of P.L.2009, c.79 (C.19:63-5) for a mail-in ballot to be sent to the voter. A voter who is a member of the armed forces of the United States may use a federal postcard application form to apply for a mail-in ballot.
d. Any voter who fails to apply for a mail-in ballot before the seven-day period prescribed in subsection b. of this section may apply in person to the county clerk for a mail-in ballot up to 3 p.m. of the day before the election.
e. (1) A voter who wishes
to vote only by mail-in ballot in all future [general] elections, including
general elections, in which the voter is eligible to vote, and who states
that on an application for a mail-in ballot, shall be furnished such a ballot
by the county clerk without further request on the part of the voter and until
the voter requests that the voter no longer be sent a mail-in ballot. A voter
shall also have the option to indicate on an application for a mail-in ballot
that the voter would like to receive such a ballot for [each election that takes
place during the remainder of the calendar year in which the application is
completed and submitted]
future general elections only. A voter who exercises this option shall
be furnished with a mail-in ballot for each future general election [that takes
place during the remainder of the calendar year] without further request by the voter. A
person voting by mail-in ballot who registered by mail after January 1, 2003,
who did not provide personal identification information when registering
pursuant to section 16 of P.L.1974, c.30 (C.19:31-6.4) and is voting for the
first time in his or her current county of residence following registration
shall include copies of the required identification information with the
mail-in ballot. Failure to include such information with the mail-in ballot
shall result in its rejection.
(2) In the event that a voter who has requested a mail-in ballot for all future elections does not complete and return such a ballot for canvassing for 1[two] four1 consecutive elections following the election at which the voter last voted, the voter shall be treated as if he or she requested a mail-in ballot for future general elections only and shall continue to be furnished with mail-in ballots for future general elections in accordance with paragraph (3) of this subsection, and the ability of such a voter to receive a mail-in ballot for future elections other than general elections shall be suspended until the voter submits a new application for such a ballot that indicates that the voter wishes to receive a ballot for all future elections.
[(2)] (3) In the event that a voter who has requested a mail-in ballot for [all] future general elections only does not complete and return such a ballot for canvassing for the fourth general election following the general election at which the voter last voted, the county clerk shall send a notice to that voter to ascertain whether he or she continues to reside at the address from which that voter is registered to vote and continues to be eligible to vote. If the notice is not completed and returned by the voter to the clerk before the [40th] 45th day prior to the next general election, a mail-in ballot shall not be sent to the voter for that general election. The ability of such a voter to receive a mail-in ballot for [all] future general elections only shall be suspended until the voter submits a new application for such a ballot that indicates that the voter wishes to receive [the] a ballot for [all] future general elections only or for all future elections.
[(3)] (4) The county clerk shall not transmit a mail-in ballot for any election to any person who is deemed by a county commissioner of registration to be an inactive voter or whose registration file has been transferred to the deleted file pursuant to R.S.19:31-19.
1(5) Any mail-in ballot that is sent to a qualified voter and that is returned to the county clerk for any reason shall be forwarded to the commissioner of registration, who shall so note the return in the voter record of that voter.1
(cf: P.L.2009, c.79, s.3)
2. Section 6 of P.L.2009, c.79 (C.19:63-6) is amended to read as follows:
6. a. The county clerk, in the case of any Statewide election, countywide election, or school election in a regional or other school district comprising more than one municipality; the municipal clerk, in the case of any municipal election or school election in a school district comprising a single municipality; and the commissioners or other governing or administrative body of the district, in the case of any election to be held in any fire district or other special district, other than a municipality, created for specified public purposes within one or more municipalities, shall publish the following notice in substantially the following form:
NOTICE TO PERSONS WANTING MAIL-IN BALLOTS
If you are a qualified and registered voter of the State who wants to vote by mail in the......................... (school, municipal, primary, general, or other) election to be held on................. (date of election) 1[complete the application form below and send to the undersigned, or write or apply in person to the undersigned at once requesting that a mail-in ballot be forwarded to you. The request must state your home address and the address to which the ballot should be sent. The request must be dated and signed with your signature.
If any person has assisted you to complete the mail-in ballot application, the name, address and signature of the assistor must be provided on the application, and you must sign and date the application for it to be valid and processed. No person shall serve as an authorized messenger for more than 10 qualified voters in an election. No person who is a candidate in the election for which the voter requests a mail-in ballot may provide any assistance in the completion of the ballot or may serve as an authorized messenger or bearer.
No mail-in ballot will be provided to any applicant who submits a request therefor by mail unless the request is received at least seven days before the election and contains the requested information. A voter may, however, request an application in person from the county clerk up to 3 p.m. of the day before the election. Voters who want to vote only by mail in all future elections in which they are eligible to vote and who state that on their application shall, after their initial request and without further action on their part, be provided a mail-in ballot by the county clerk until the voter requests that the voter no longer be sent such a ballot. A voter's failure to vote in two consecutive elections following the election at which the voter last voted will result in the suspension of that voter's ability to receive a mail-in ballot for all future elections other than the general election, unless a new application is completed and filed with the county clerk.
Voters who want to vote only by mail in]1 [all] 1[future general elections only in which they are eligible to vote, and who state that on their application shall, after their initial request and without further action on their part, be provided a mail-in ballot by the county clerk until the voter requests that the voter no longer be sent such a ballot.]1 [A voter's failure to vote in the fourth general election following the general election at which the voter last voted may result in the suspension of that voter's ability to receive a mail-in ballot for all future general elections unless a new application is completed and filed with the county clerk.
Voters also have the option of indicating on their mail-in ballot applications that they would prefer to receive mail-in ballots for each election that takes place during the remainder of this calendar year. Voters who exercise this option will be furnished with mail-in ballots for each election that takes place during the remainder of this calendar year, without further action on their part.]
1[A voter's failure to vote in the fourth general election following the general election at which the voter last voted may result in the suspension of that voter's ability to receive a mail-in ballot for all future general elections unless a new application is completed and filed with the county clerk.], the following applies:
You must complete the application form below and send it to the county clerk where you reside, write or apply in person to the county clerk where you reside, or use a voter registration form to request a mail-in ballot.
The name, address, and signature of any person who has assisted you to complete the mail-in ballot must be provided on the application, and you must sign and date the application.
No person may serve as an authorized messenger for more than 10 qualified voters in an election.
No person who is a candidate in the election for which the voter requests a mail-in ballot may provide assistance in the completion of the ballot or serve as an authorized messenger or bearer.
A person who applies for a mail-in ballot must submit his or her application at least seven days before the election, but such person may request an application in person from the county clerk up to 3 p.m. of the day before the election.
Voters who want to vote by mail in all future elections will, after their initial request and without further action on their part, be provided with a mail-in ballot until the voter requests otherwise.
Voters who want to vote only by mail in future general elections only will, after their initial request and without further action on their part, be provided with a mail-in ballot until the voter requests otherwise.
A voter's failure to vote in four consecutive elections following the election at which the voter last voted will result in the suspension of that voter's ability to receive a mail-in ballot for future elections, unless a new application is completed and filed with the county clerk.1
Application forms may be obtained by applying to the undersigned either in writing or by telephone, or the application form provided below may be completed and forwarded to the undersigned.
Dated.....................................................
............................................................................
(signature and title of county clerk)
....................................
(address of county clerk)
....................................
(telephone no. of county clerk)
b. (1) The Secretary of State shall be responsible for providing all information regarding overseas ballots to each overseas voter eligible for such a ballot pursuant to P.L.1976, c.23 (C.19:59-1 et seq.). The secretary shall also make available valid overseas voter registration and ballot applications to any voter who is a member of the armed forces of the United States and who is a permanent resident of this State, or who is an overseas voter who wishes to register to vote or to vote in any jurisdiction in this State. The secretary shall provide such public notice as may be deemed necessary to inform members of the armed forces of the United States and overseas voters how to obtain valid overseas voter registration and ballot applications.
(2) The Secretary of State shall undertake a program to inform voters in this State about their eligibility to vote by mail pursuant to this act. Dissemination of this information shall be included in the standard notices required by this section and other provisions of current law, including but not limited to the notice requirements of R.S.19:12-7, and shall be effectuated by such means as the secretary deems appropriate and to the extent that funds for such dissemination are appropriated including, but not limited to, by means of Statewide or local electronic media, public service announcements broadcast by such media, notices on the Internet site of the Department of State or any other department or agency of the Executive Branch of State government or its political subdivisions deemed appropriate by the secretary, and special mailings or notices in newspapers or other publications circulating in the counties or municipalities of this State.
c. The mail-in ballot materials shall contain a notice that any person voting by mail-in ballot who has registered by mail after January 1, 2003, who did not provide personal identification information when registering and is voting for the first time in his or her current county of residence following registration shall include copies of the required identification information with the mail-in ballot, and that failure to include such information shall result in the rejection of the ballot.
d. The notice provided for in subsection a. of this section shall be published before the 55th day immediately preceding the holding of any election.
Notices relating to any Statewide or countywide election shall be published in at least two newspapers published in each county. All officials charged with the duty of publishing such notices shall publish the same in at least one newspaper published in each municipality or district in which the election is to be held, or if no newspaper is published in the municipality or district, then in a newspaper published in the county and circulating in the municipality or district. All such notices shall be display advertisements.
(cf: P.L.2011, c.134, s.50)
3. (New section) a. Any voter who has opted to receive a mail-in ballot for all future elections, or for future general elections only, pursuant to law, and has not returned a voted ballot to the county board of elections but appears 1with a mail-in ballot1 at the polling place to which the voter would be assigned if voting in person on the day of a general election or any other election, shall be permitted to vote in person by 1[provisional ballot pursuant to section 20 of P.L.2009, c. 79 (C.19:63-20).
b. Following the election, the voter shall be removed from the list of voters who automatically receive a mail-in ballot for all future elections, or for future general elections only, as the case may be.
c. In order to again receive a mail-in ballot for all future elections, or for future general elections only, the voter shall be required to apply in the manner provided by law to be placed on the list of voters who wish to receive a mail-in ballot for such elections] using the same voting machine used by other qualified voters at that polling place after the voter surrenders the mail-in ballot to a designated poll worker. All mail-in ballots thus collected shall be transmitted to the county board of elections by the designated poll worker after the closing of the polls.
b. Any voter who has applied for and received a mail-in ballot and has not returned the voted mail-in ballot to the county board of elections or given it to a bearer for that purpose, but appears at the polling place in the voter's election district on the day of the election without the mail-in ballot and wishes to vote, shall be permitted to vote in person by provisional ballot, as provided for in section 20 of P.L.2009, c.79 (C.19:63-20).
c. The Secretary of State shall promulgate regulations to: (1) establish a procedure for the collection and processing of mail-in ballots by the county board of elections under subsection a. of this section; and (2) record that a voter has been permitted to vote at the polling place of the voter's election district on the day of an election after surrendering a mail-in ballot1.
1[4. R.S.19:14-21 is amended to read as follows:
19:14-21. The county clerk shall cause samples of the official general election ballot to be printed in English, but for each election district within the county in which the primary language of 10% or more of the registered voters is Spanish, shall cause samples of the official general election ballot to be printed bilingually in English and Spanish.
a. In counties not having a superintendent of elections where the county board of elections does not have the equipment or facilities to address and mail sample ballot envelopes, the county clerk not later than noon of the eighth day prior to the general election shall furnish to the municipal clerk of each municipality in his county one and one-tenth times as many such sample ballots and stamped envelopes as there are voters registered in the case of the general election and the municipal election, and in the case of any other election as many ballots and envelopes as there are residence addresses where at least one resident is a registered voter, less the number of voters who have been sent a confirmation notice pursuant to subsection d. of R.S.19:31-15 and have not responded, to enable each district board in each municipality to mail one of such sample ballots to each voter who is registered in the municipality in the case of the general election and the municipal election, and in the case of any other election to each residence address where at least one resident thereof is a registered voter in the municipality, except those voters who have been sent a confirmation notice pursuant to subsection d. of R.S.19:31-15 and have not responded, for such election and shall take a receipt for the same from each of the municipal clerks, which receipt shall indicate the number of such sample ballots and stamped envelopes delivered by the county clerk and the date and hour of their delivery.
b. In counties having a superintendent of elections, and in other counties where the county board of elections may have the equipment or facilities to prepare a properly stamped envelope addressed to each registered voter in the county in the case of the general election and municipal election, and in the case of any other election to each residence address where at least one resident thereof is a registered voter in the county for mailing, the county clerk, not later than the thirtieth day preceding the general election, shall furnish to the commissioner of registration located in his county one and one-tenth times as many stamped envelopes as there are registered voters in the county in the case of the general election and the municipal election, and in the case of any other election for each residence address where at least one resident is a registered voter in the county, less the number of voters who have been sent a confirmation notice pursuant to subsection d. of R.S.19:31-15 and have not responded, and not later than noon of the twelfth day preceding the general election shall furnish to the commissioner of registration located in the county, one and one-tenth times as many sample ballots as there are registered voters in the county in the case of the general election and the municipal election, and in the case of any other election for each residence address where at least one resident is a registered voter in the county to enable the commissioner of registration of the county to mail one of such sample ballots to each voter registered in the county in the case of the general election and the municipal election, and in the case of any other election to each residence address where at least one resident thereof is a registered voter in the county, except those voters who have been sent a confirmation notice pursuant to subsection d. of R.S.19:31-15 and have not responded, for such election and shall take a receipt for the same from the commissioner of registration, which receipt shall indicate the number of such sample ballots and stamped envelopes delivered by the county clerk and the date and hour of their delivery. County boards of elections which elect to operate under the provisions of this paragraph shall notify their county clerk in sufficient time to enable him to make the necessary arrangements the first year.
c. The county clerk in counties having a superintendent of elections shall also deliver to the county board not later than the twelfth day preceding the general election 10 such sample ballots of each election district of each municipality in the county.
d. Notwithstanding any other provision of this section, in all elections: (1) whenever registered voters having different surnames reside at the same residence address, each registered voter at that residence address shall be mailed a separate sample ballot; and (2) every registered voter whose mailing address is a post office box shall be mailed a separate sample ballot.
(cf: P.L.2009, c.110, s.1)]1
1[5. R.S.19:14-25 is amended to read as follows:
19:14-25. In counties not having a superintendent of elections where the county board of elections does not have the equipment or facilities to address and mail sample ballot envelopes, all the members of each of the district boards shall prepare and deposit in the post office, on or before 12 noon on Wednesday preceding the general election day, a properly stamped envelope containing a copy of the sample ballot printed in English, addressed to each registered voter in the case of the general election and the municipal election, and in the case of any other election to each residence address where at least one resident thereof is a registered voter in the district of such board at the address shown on the register, except that for districts in which the primary language of 10% or more of the registered voters is Spanish, a properly stamped envelope containing a copy of the bilingual sample ballot, addressed to each registered voter in the case of the general election and the municipal election, and in the case of any other election to each residence address where at least one resident thereof is a registered voter in the district of such board at the address shown on the register shall be prepared and deposited. The board shall also post the appropriate sample ballots in the polling place in its district.
The board shall return to the municipal clerk all ballots and envelopes not mailed or posted by it, with a sworn statement in writing signed by a majority of the board that all the remainder of such ballots and envelopes had been mailed.
In counties having a superintendent of elections, and in other counties where the county board of elections shall elect to operate under the provisions of subsection b. of section 19:14-21 of this Title, the commissioner of registration shall prepare and deposit in the post office on or before 12:00 o'clock noon, on the Wednesday preceding the general election day, a properly stamped envelope containing a copy of the sample ballot printed in English addressed to each registered voter in the case of the general election and the municipal election, and in the case of any other election to each residence address where at least one resident thereof is a registered voter in the county at the address shown on the registry, except that for districts in which the primary language of 10% or more of the registered voters is Spanish, a properly stamped envelope containing a copy of the bilingual sample ballot, addressed to each registered voter in the case of the general election and the municipal election, and in the case of any other election to each residence address where at least one residence thereof is a registered voter in the district of such board at the address shown on the register shall be prepared and deposited. The commissioner of registration shall return to the county clerk all ballots and envelopes not mailed or posted by him, with a sworn statement in writing signed by him that all the remainder of such ballots and envelopes have been mailed.
The county board of elections, in all counties having a superintendent of elections, and in other counties where the county board of elections shall elect to operate under the provisions of subsection b. of section 19:14-21 of this Title, shall, not later than noon of the second Monday preceding the election, deliver or mail to the members of the district board three appropriate sample ballots for their respective election district. The board shall post the appropriate sample ballots in the polling place in its district.
Notwithstanding any other provision of this section, in all elections: (1) whenever registered voters having different surnames reside at the same residence address, each registered voter at that residence address shall be mailed a separate sample ballot; and (2) every registered voter whose mailing address is a post office box shall be mailed a separate sample ballot.
(cf: P.L.1974, c.30, s.3)]1
1[6. R.S.19:14-27 is amended to read as follows:
19:14-27. Except as provided by section 19:14-33 of this Title, when any question or proposition shall be submitted to the people of the State at any general election or at any election held to vote on a constitutional amendment, there shall be mailed to each registered voter in the case of the general election and the municipal election, and in the case of any other election to each residence address where at least one resident thereof is a registered voter, in the same envelope with the sample ballot a printed copy of the act of the Legislature or constitutional amendment which is so submitted; provided, however, in counties where sample ballots are so folded that they can be mailed to [the registrants] each such registered voter or residence address as appropriate without being inserted in envelopes, as permitted by section 19:49-4 of this Title, the commissioner of registration shall make such arrangements for mailing the printed copy of the act of the Legislature or constitutional amendment as are practical to enable each [registrant] such registered voter or residence address to receive a copy thereof.
Notwithstanding any other provisions of this section, in all elections: (1) whenever registered voters having different surnames reside at the same residence address, each registered voter at that residence address shall be mailed a separate sample ballot; and (2) every registered voter whose mailing address is a post office box shall be mailed a separate sample ballot.
(cf: P.L.1947, c.53, s.1)]1
1[7. R.S.19:23-30 is amended to read as follows:
19:23-30. a. In counties not having a superintendent of elections where the county board of elections does not have the equipment or facilities to address and mail sample ballot envelopes, the municipal clerk shall cause to be printed as herewith prescribed a sufficient number of official primary sample ballots of each political party in each election district and shall furnish a sufficient number of stamped envelopes to enable every district board to mail one copy of such ballot of each political party to each [voter who is registered] residence address where at least one resident thereof is a registered voter in the district for the primary election, less the number of voters who have been sent a confirmation notice pursuant to subsection d. of R.S.19:31-15 and have not responded. The municipal clerk shall deliver to the county clerk in all counties and the county board in counties having a superintendent of elections one official primary sample ballot of each political party for each district in his municipality. The cost of printing the official primary sample ballots and the stamped envelopes therefor shall be paid by the respective municipalities.
b. In counties having a superintendent of elections, and in other counties where the county board of elections may have the equipment or facilities to prepare a properly stamped envelope addressed to each [registered voter] residence address where at least one resident thereof is a registered voter in the county for mailing, the municipal clerk shall cause to be printed as herewith prescribed a sufficient number of official primary sample ballots of each political party for each election district and shall furnish a sufficient number of stamped envelopes to enable the commissioner of registration of the county to mail one copy of such ballot of each political party to each [voter who is registered] residence address where at least one resident thereof is a registered voter in the district for the primary election, less the number of voters who have been sent a confirmation notice pursuant to subsection d. of R.S.19:31-15 and have not responded. The municipal clerk shall also deliver to the county board ten official primary sample ballots of each political party for each district in his municipality. The cost of printing of the official primary sample ballots and stamped envelopes therefor shall be paid for by the respective municipalities. County boards of elections which elect to operate under the provisions of this paragraph shall notify their respective municipal clerks in sufficient time to enable them to make the necessary arrangements the first year.
c. Notwithstanding any other provisions of this section, in all elections: (1) whenever registered voters having different surnames reside at the same residence address, each registered voter at that residence address shall be mailed a separate sample ballot; and (2) every registered voter whose mailing address is a post office box shall be mailed a separate sample ballot.
(cf: P.L.2009, c.110, s.2)]1
1[8. R.S.19:23-33 is amended to read as follows:
19:23-33. In counties not having a superintendent of elections where the county board of elections does not have the equipment or facilities to address and mail sample ballot envelopes, the municipal clerk in each municipality shall furnish to a member of each district board in his municipality, at his office, or in any other way that he sees fit, on or before Tuesday preceding the primary election in each year, sufficient sample ballots and sufficient stamped envelopes to enable the board to mail sample ballots to the [voters] residence addresses where at least one resident is a registered voter as hereinbefore provided. Each of the boards shall give the municipal clerk a receipt for such sample ballots and envelopes signed by one of its members.
In counties having a superintendent of elections, and in other counties where the county board of elections shall elect to operate under the provisions of subsection b. of section 19:23-30 of this Title, the municipal clerk in each municipality shall furnish to the commissioner of registration of his county not later than thirty days preceding the primary election of each year, sufficient stamped envelopes to enable the commissioner of registration to mail sample ballots to [each voter who is registered] the residence address where at least one resident thereof is a registered voter in the county, less the number of voters who have been sent a confirmation notice pursuant to subsection d. of R.S.19:31-15 and have not responded, and shall, not later than noon of the twelfth day preceding the primary election furnish sufficient sample ballots to the commissioner of registration of his county for that purpose. The commissioner of registration shall give the municipal clerk a receipt for such sample ballots and envelopes.
Notwithstanding any other provisions of this section, in all elections: (1) whenever registered voters having different surnames reside at the same residence address, each registered voter at that residence address shall be mailed a separate sample ballot; and (2) every registered voter whose mailing address is a post office box shall be mailed a separate sample ballot.
(cf: P.L.2009, c.110, s.3)]1
1[9. R.S.19:23-34 is amended to read as follows:
19:23-34. Each of such district boards, in counties not having a superintendent of elections where the county board of elections does not have the equipment or facilities to address and mail sample ballot envelopes, and the commissioner of registration in all other counties, shall prepare and deposit in the post office, on or before twelve o'clock noon on Wednesday preceding the primary day, the stamped envelopes containing a copy of the sample primary ballot of each political party addressed to each [voter whose name] residence address where the name of at least one resident thereof appears in the primary election registry book.
Notwithstanding any other provisions of this section, in all elections: (1) whenever registered voters having different surnames reside at the same residence address, each registered voter at that residence address shall be mailed a separate sample ballot; and (2) every registered voter whose mailing address is a post office box shall be mailed a separate sample ballot.
(cf: P.L.1947, c.168, s.11)]1
1[10. Section 12 of P.L.1974, c.26 (C.19:44A-37) is amended to read as follows:
12. The Election Law Enforcement Commission shall, on or before the forty-fifth day prior to the date on which the general election is to be held, supply each county clerk with the text of statements from each candidate for election to the office of Governor. Each candidate for the office of Governor who wishes a statement mailed on his behalf shall submit to the commission, on forms provided by it, his proposed statement which shall not exceed 500 words in length. Each county clerk shall cause the statements submitted by all such candidates to be printed and mailed with the sample ballot for the general election to each registered voter in the county with a short explanation prepared by the commission that such statements are provided pursuant to this law to assist the voters of this State in making their determination among the candidates for the office of Governor. The cost of printing and mailing such statements shall be paid for by the counties; except that any cost to the counties resulting from the printing and mailing of such statements shall be reimbursed from State funds appropriated to the commission for that purpose on claim therefor made by the county clerk to the commission.
Whenever registered voters having different surnames reside at the same residence address, the separate sample ballot mailed to each registered voter at that residence address shall contain the statements submitted by all such candidates.
Whenever the mailing address of a registered voter is a post office box, the separate sample ballot mailed to that voter shall contain the statements submitted by all such candidates.
(cf: P.L.1980, c.74, s.12)]1
1[11. R.S.19:49-4 is amended to read as follows:
19:49-4 a. (1) The officer or officers whose duty it may be under this subtitle to provide and furnish official ballots for any polling place where a voting machine is to be used shall also provide 2 sample ballots or more, or instruction ballots, which sample or instruction ballot shall be arranged in the form of a diagram showing such portion of the face of the voting machine as it will appear after the official ballots are arranged thereon or therein for voting on election day. Such sample or instruction ballots shall be open to the inspection of all voters on election day, in all elections where voting machines are used.
(2) For election districts in which the primary language of 10% or more of the registered voters is Spanish, the officer or officers whose duty it may be under this subtitle to provide and furnish official ballots for any polling place where a voting machine is to be used shall also provide 2 sample ballots or more, or instruction ballots, printed bilingually in English and Spanish. Such sample or instruction ballots shall be open to the inspection of all voters on election day, in appropriate election districts, in all elections where voting machines are used.
b. There shall be furnished a sufficient number of sample ballots printed entirely in black ink, a facsimile of the face of the machine, of a reduced size, one of which sample ballots shall be mailed to each registered voter in the case of the general election and the municipal election, and in the case of any other election to the residence address where at least one resident thereof is a registered voter, except that for election districts in which the primary language of 10% or more of the registered voters is Spanish, sample ballots printed bilingually in English and Spanish shall be mailed to each such registered voter or residence address, as appropriate. Any reference to sample ballot envelopes in any section of this Title to the contrary notwithstanding, in all counties where voting machines are used and wherein the commissioner of registration has the facilities to mail out sample ballots direct to [the registrants of] each registered voter in the case of the general election and the municipal election, and in the case of any other election to the residence address where at least one resident thereof is a registered voter in such county and has elected so to do, as otherwise in this Title provided, the commissioner of registration in any such county may request the county clerk of such county to have the sample ballots prepared in the manner following:
(1) The county clerk shall have said sample ballots for all general and special elections printed in such manner that, when folded, the words "Official General Election Sample Ballot" or as the case may be, shall appear on the reverse side thereof, together with the words "In cases where the sample ballot is to be sent to an addressee who, or a residence address which, does not receive [his] mail by delivery to [his home] the addressee's home or the residence address or through rural free delivery "if not delivered within 5 days return to the commissioner of registration' and in all other cases "if not delivered within 2 days return to the commissioner of registration.' Do not Forward. Return Postage Guaranteed" over the return address of the commissioner of registration. Such portion of the ballot may contain such additional words that conform with United States Postal regulations that will prevent such envelope from being forwarded to [the voter at] any other address than that appearing on the envelope, and that will cause such envelope to be returned to the commissioner of registration, with information thereon from the post office showing the reason for nondelivery.
(2) The county clerk in drawing the specifications for the printing of the official primary ballots shall include the requirement that the municipal clerks shall have primary sample ballots printed in such manner that, when folded, the words "Official Primary Election Sample Ballot" shall appear on the reverse side thereof, together with the words "In cases where the sample ballot is to be sent to an addressee who, or a residence address which, does not receive [his] mail by delivery to [his home] the addressee's home or to the residence address or through rural free delivery "if not delivered within 5 days return to the commissioner of registration' and in all other cases "if not delivered within 2 days return to the commissioner of registration.' Do Not Forward. Return Postage Guaranteed" over the return address of the commissioner of registration. Such portion of the ballot may contain such additional words that conform with United States Postal regulations that will prevent such envelope from being forwarded to [the voter at] any other address than that appearing on the envelope, and that will cause such envelope to be returned to the commissioner of registration, with information thereon from the post office showing the reason for nondelivery.
(3) Five sample ballots shall be posted as now required by law.
c. For all general and special elections the county clerk, and for all primary and municipal elections the municipal clerks, shall, at least 30 days preceding any such election, make the arrangements necessary to be made with the postmaster or postmasters in their respective counties and municipalities to have the said sample ballots mailed under the postal laws and regulations, and forthwith notify the said commissioner of registration in writing to that effect.
d. Notwithstanding any other provisions of this section, in all elections: (1) whenever registered voters having different surnames reside at the same residence address, each registered voter at that residence address shall be mailed a separate sample ballot; and (2) every registered voter whose mailing address is a post office box shall be mailed a separate sample ballot.
(cf: P.L.1974, c.30, s.14)]1
14. Section 16 of P.L.1974, c.30 (C.19:31-6.4) is amended to read as follows:
16. a. The Secretary of State shall cause to be prepared and shall provide to each county commissioner of registration forms of size and weight suitable for mailing, which shall require the information required by R.S.19:31-3 in substantially the following form:
VOTER REGISTRATION APPLICATION
Print clearly in ink. Use ballpoint pen or marker.
(1) This form is being used as [(check one)]:
[]New registration
[]Address change
[]Name change
[] Vote by mail in future elections
(2) Name:.....................................................
Last First Middle
(3) Are you a citizen of the United States of America?[]Yes[]No
(4) Will you be 18 years of age on or before election day?[]Yes[] No
If you checked 'No' in response to either of these questions, do not complete this form.
(5) Street Address where you live:
.........................................................
Street Address Apt. No.
.........................................................
(6) City or Town County Zip Code
(7) Address Where You Receive Your Mail (if different from above):
............................................................
(8) Date of Birth:
......................................................
Month Day Year
(9) (a) Telephone Number (optional)......................
(b) E-Mail Address (optional).....................
(10) Name and address of Your Last Voter Registration
............................................................
............................................................
............................................................
(11) If you are registering by mail to vote and will be voting for the first time in your current county of residence, please provide one of the following:
(a) your New Jersey driver's license number:................................
(b) the last four digits of your Social Security Number....................
OR submit with this form a copy of any one of the following documents: a current and valid photo identification card; a current utility bill, bank statement, government check, pay check or any other government or other identifying document that shows your name and current address. If you do not provide either your New Jersey driver's license number or the last four digits of your Social Security Number, or enclose a copy of one of the documents listed above, you will be asked for identification when voting for the first time, unless you are exempt from doing so under federal or State law.
(12) Do you wish to declare a political party affiliation? (Optional):
[] YES. Name of Party:
[] NO. I do not wish to declare a political party affiliation at this time.
(13) You may choose to receive ballots to vote by mail in future elections by selecting either option listed below. YOU ARE NOT REQUIRED TO CHOOSE EITHER OPTION.
[] I wish to receive a Mail-in Ballot for all future elections, until I request otherwise.
[] I wish to receive a Mail-in Ballot for all future general elections only, until I request otherwise.
[(13)] (14) Declaration - I swear or affirm that:
I am a U.S. citizen.
I live at the above address.
I will be at least 18 years old on or before the day of the next election.
I am not on parole, probation or serving a sentence due to a conviction for an indictable offense under any federal or State laws.
I UNDERSTAND THAT ANY FALSE OR FRAUDULENT REGISTRATION MAY SUBJECT ME TO A FINE OF UP TO $15,000, IMPRISONMENT UP TO FIVE YEARS, OR BOTH PURSUANT TO R.S.19:34-1.
...........................................................
Signature or mark of the registrant Date
[(14)] (15) If applicant is unable to complete this form, print the name and address of individual who completed this form.
...................................................
Name
...................................................
Address
The form shall state in an appropriate location: "This form shall not be used if an applicant requires the assistance of another person to complete a mail-in ballot or to return a completed mail-in ballot to the county board of elections, pursuant to section 16 of P.L.2009, c.79 (C.19:63-16)."
In addition, the form may include notice to the applicant of information and options relating to the registration and voting process, including but not limited to notice of qualifications required of a registered voter; notice of the final day by which a person must be registered to be eligible to vote in an election; notice of the effect of a failure to provide required identification information; a place at which the applicant may indicate availability for service as a member of the district board of elections; a place at which the applicant may indicate whether he or she requires a polling place which is accessible to individuals with disabilities and the elderly or whether he or she is legally blind; a place at which the applicant may indicate a desire to receive additional information concerning [absentee] voting by mail; and if the application indicates a political party affiliation, the voter is permitted to vote in the primary election of a political party other than the political party in which the voter was affiliated previously only if the voter registration form with the change of political party affiliation is filed prior to the 50th day next preceding the primary election. The form may also include a space for the voter registration agency to record whether the applicant registered in person, by mail or by other means.
b. The reverse side of the registration form shall bear the address of the Secretary of State or the commissioner of registration to whom such form is supplied, and a United States postal permit the charges upon which shall be paid by the State.
c. The Secretary of State shall cause to be prepared registration forms of the size, weight and form described in subsection a. of this section in both the English and Spanish language and shall provide such forms to each commissioner of registration of any county in which there is at least one election district in which bilingual sample ballots must be provided pursuant to R.S.19:14-21, R.S.19:49-4 or section 2 of P.L.1965, c.29 (C.19:23-22.4).
d. The commissioner of registration shall furnish such registration forms upon request in person to any person or organization in such reasonable quantities as such person or organization shall request. The commissioner shall furnish no fewer than two such forms to any person upon request by mail or by telephone.
e. Each such registration form shall have annexed thereto instructions specifying the manner and method of registration, the vote by mail options specified on the form, and stating the qualifications for an eligible voter.
f. The Secretary of State shall also furnish such registration forms and such instructions to the Director of the Division of Workers' Compensation, the Director of the Division of Employment Services, and the Director of the Division of Unemployment and Temporary Disability Insurance in the Department of Labor and Workforce Development; to the Director of the Division of Taxation in the Department of the Treasury; to the Executive Director of the New Jersey Transit Corporation; to the appropriate administrative officer of any other public agency, as defined by subsection a. of section 15 of P.L.1974, c.30 (C.19:31-6.3); to the Adjutant General of the Department of Military and Veterans' Affairs; and to the chief administrative officer of any voter registration agency, as defined in subsection a. of section 26 of P.L.1994, c.182 (C.19:31-6.11).
g. All registration forms received by the Secretary of State in the mail or forwarded to the Secretary of State shall be forwarded to the commissioner of registration in the county of the registrant and to the county clerk if the a vote by mail option is selected on a form.
h. An application to register to vote received from the New Jersey Motor Vehicle Commission or a voter registration agency, as defined in subsection a. of section 26 of P.L.1994, c.182 (C.19:31-6.11), shall be deemed to have been timely made for the purpose of qualifying an eligible applicant as registered to vote in an election if the date on which the commission or agency shall have received that document in completed form, as indicated in the lower right hand corner of the form, was not later than the 21st day preceding that election.
i. Each commissioner of registration shall make note in the permanent registration file of each voter who is required to provide the personal identification information required pursuant to this section, as amended, and R.S.19:15-17, R.S.19:31-5 and Pub.L.107-252 (42 U.S.C.s. 15301 et seq.), to indicate the type of identification provided by the voter and the date on which it is provided. Prior to the June 2004 primary election, when such a newly registered voter seeks to vote for the first time following his or her registration, the voter will be required to provide such personal identification information. Beginning with the June 2004 primary election, when such a newly registered voter seeks to vote for the first time following his or her registration, the voter will not be required to provide such information if he or she had previously provided the personal identification information required pursuant to this section. The required information shall be collected and stored for the time and in the manner required pursuant to regulations promulgated by the Secretary of State.
j. The Secretary of State shall amend the voter registration application form if necessary to conform to the requirements of applicable federal or State law.
k. In the event that the name of any political party entered on the voter registration form by a voter who wishes to declare a political party affiliation is not legible, the commissioner of registration shall mail the voter a political party declaration form and a letter explaining that the voter's choice was not understood and that the voter should complete and return the declaration form in order to be affiliated with a party.1
(cf: P.L.2009, c.287, s.1)
15. Section 1 of P.L.2005, c.145 (C.19:31-31) is amended to read as follows:
1. a. There shall be established in the Department of State a single Statewide voter registration system, as required pursuant to section 303 of the federal "Help America Vote Act of 2002," Pub.L.107-252 (42 U.S.C. s.15483). The principal computer components of the system shall be under the direct control of the Secretary of State. The Secretary of State shall be responsible for creating the network necessary to maintain the system and providing the computer software, hardware and security necessary to ensure that the system is accessible only to those executive departments and State agencies so designated by the Secretary of State, each county commissioner of registration, each county and municipal clerk, and individuals under certain circumstances, as provided for by this section. The system shall be the official State repository for voter registration information for every legally registered voter in this State, and shall serve as the official voter registration system for the conduct of all elections in the State.
b. The Statewide voter registration system shall include, but not be limited to, the following features:
(1) the name and registration information of every legally registered voter in the State;
(2) the ability to assign a unique identifier to each legally registered voter in the State;
(3) interactivity among appropriate State agencies so designated by the Secretary of State, each county commissioner of registration, each county board of elections, and each county clerk such that these entities shall have immediate electronic access to all or selected records in the system, as determined by the Secretary of State, to receive or transmit all or selected files in the system and to print or review all or selected files in the system;
(4) the ability to permit any county commissioner of registration to enter voter registration information on an expedited basis at the time the information is provided thereto and to permit the Secretary of State to provide technical support to do so whenever needed;
(5) the ability to permit each municipal clerk to view or print information in the system;
(6) the ability to permit an individual, by July 1, 2006, to verify via the Internet whether that individual, and only that individual, is included in the system as a legally registered voter, whether the information pertaining to that individual required by subsection c. of this section is correct, and if not, a means to notify the pertinent county commissioner of registration of the corrections that must be made and to so verify in a way that does not give one individual access to the information required by subsection c. of this section for any other individual;
(7) a Statewide street address index and map in electronic form that can accurately identify the location of every legally registered voter in this State;
(8) the ability to record and monitor all requests for mail-in ballots; to enable the county clerk to verify the identity and signature of each person requesting a mail-in ballot; to record the name and address of each voter determined to be eligible to receive a mail-in ballot for a particular election and to note when a mail-in ballot has been transmitted to that voter by mail or hand delivery; to update the system to allow the postal tracking of mail-in ballots using Intelligent Mail barcodes, or a similar successor tracking system; and to make such information available to the Secretary of State so that a voter can be notified whether the application for such a ballot was accepted or rejected, and the reason for the rejection, using the free-access system established by section 5 of P.L.2004, c.88 (C.19:61-5); and
(9) any other functions required pursuant to Pub.L.107-252 (42 U.S.C. s.15301 et seq.), or Title 19 of the Revised Statutes, or that may be deemed necessary by the Secretary of State.
c. The Statewide voter registration system shall include, but not be limited to, the following information for every legally registered voter in this State:
(1) last, first and middle name;
(2) street address at time of registration or rural route, box number or apartment number, if any;
(3) city or municipality, and zip code;
(4) date of birth;
(5) telephone number and e-mail address, if provided on voter registration form;
(6) previous name or address if individual re-registered due to change of name or address;
(7) ward and election district number, if either is available;
(8) (a) current and valid New Jersey driver's license number; or
(b) if the registrant has not been issued a New Jersey driver's license number, the last four digits of the registrant's social security number; or
(c) unique identifying number for any individual who has not been issued the information sought in subparagraph (a) or (b) of this paragraph;
(9) notation that a copy of one of the following documents has been submitted with the voter registration application, if required: current and valid photo identification card; a current utility bill, bank statement, government check, pay check or any other government document showing the registrant's name and current address;
(10) the method by which the individual registered and whether that person needs to provide additional identification information to vote using a voting machine instead of a provisional ballot;
(11) political party affiliation, if designated;
(12) digitalized signature;
(13) date of registration or re-registration;
(14) name and street address of the individual assisting in the completion of the form, if the applicant for registration is unable to do so;
(15) voting participation record for ten-year period; and
(16) any other information required pursuant to Pub.L.107-252 (42 U.S.C. s.15301 et seq.), or Title 19 of the Revised Statutes, or that the Secretary of State determines is necessary to assess the eligibility of an individual to be registered to vote and to vote in this State.1
(cf: P.L.2009, c.287, s.2)
16. Section 5 of P.L.2009, c.79 (C.19:63-5) is amended to read as follows:
5. In the case of any election, the application for a mail-in ballot shall be made to the county clerk. The county clerk shall stamp thereon the date on which the application was received in the clerk's office.
In the case of applications for overseas federal election voter ballots, as provided for in P.L.1976, c.23 (C.19:59-1 et seq.), no application shall be refused on the grounds that it was submitted too early.
In the case of voter registration forms that include a selected vote by mail option, a copy of each such form shall be transmitted to and received by the appropriate county clerk, who shall be responsible for providing mail-in ballots to each qualified voter requesting such ballots for the future elections indicated on the voter registration form, until the voter requests otherwise.1
(cf: P.L.2009, c.79, s.5)
17. 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] 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)
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. 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)
c. The clerk of each county shall be permitted to 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 permit 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.1
(cf: P.L.2011, c.134, s.53)
18. Section 20 of P.L.2009, c.79 (C.19:63-20) is amended to read as follows:
20. a. Any person who has applied for a mail-in ballot and has had the mail-in ballot either delivered in person or forwarded by mail, and voted and returned the voted ballot to the county board, shall not be permitted to vote in person at the polling place in the voter's election district on the day of the election.
b. Any person who: (1) has applied for a mail-in ballot and not received either the ballot or an explanation for not receiving such a ballot pursuant to notification by the county clerk or from the free-access system established pursuant to section 5 of P.L.2004, c.88 (C.19:61-5) to provide such information; [or] (2) has applied for and received a mail-in ballot and has not transmitted it to the county board of elections or given it to a bearer for delivery to the county board before the time for the opening of the polls on the day of an election; or (3) has applied for and received a mail-in ballot and has not transmitted it to the county board of elections or given it to the bearer for delivery to the county board, but appears at the polling place without the ballot and wishes to vote, shall be permitted to vote in person by provisional ballot at the polling place in the voter's election district on the day of the election.1
(cf: P.L.2009, c.79, s.20)
19. (New section) Notwithstanding the provisions of R.S.19:14-25 or R.S.19:23-30 to the contrary, the sample ballot for a general election, or any other election, shall not be mailed to any qualified voter who has been sent a mail-in ballot for that election, pursuant to section 3 of P.L.2009, c.79 (C.19:63-3).1
1[12.] 10.1 This act shall take effect on 1[January 1, 2013] the January 1 next following the day of enactment1.
