Bill Text: NJ A286 | 2014-2015 | Regular Session | Introduced
Bill Title: Conforms voter identification procedures to requirements of Statewide voter registration system; permits use of provisional ballots for voters who move to different counties; revises certain penalty provisions.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2014-01-16 - Introduced, Referred to Assembly Judiciary Committee [A286 Detail]
Download: New_Jersey-2014-A286-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblyman DAVID C. RUSSO
District 40 (Bergen, Essex, Morris and Passaic)
Co-Sponsored by:
Assemblywoman Angelini
SYNOPSIS
Conforms voter identification procedures to requirements of Statewide voter registration system; permits use of provisional ballots for voters who move to different counties; revises certain penalty provisions.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning voter identification and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.19:15-17 is amended to read as follows:
19:15-17. a. The comparison of signatures of a voter made upon registration and upon election day, and if the voter alleges his or her inability to write, the comparison of the answers made by such voter upon registration and upon election day, shall be had in full view of the challengers.
b. If a voter has registered by mail [after] between January 1, 2003 and December 31, 2005 to vote for the first time in his or her current county of residence and did not provide personal identification when registering pursuant to section 16 of P.L.1974, c.30 (C.19:31-6.4), or provided a New Jersey driver's license number or Social Security number that was unable to be verified in the Statewide voter registration system, established pursuant to P.L.2005, c.145, the voter shall be permitted to vote [starting at the first election held after January 1, 2004 at which candidates are seeking federal office] after displaying one of the following items: (1) a current and valid photo identification card; (2) a current utility bill, bank statement, government check or pay check; (3) any other government document that shows the voter's name and current address; or (4) any other identifying document that the Attorney General has determined to be acceptable for this purpose. If the voter does not display one of these documents, the voter shall not be permitted to vote by machine but shall instead be provided with a provisional ballot, pursuant to the provisions of P.L.1999, c.232 (C.19:53C-1 et seq.). This subsection shall not apply to any voter entitled to vote by absentee ballot under the "Uniformed and Overseas Citizens Absentee Voting Act" (42 U.S.C. 1973ff-1 et seq.) or to any voter who is provided the right to vote other than in person under section 3 of Pub.L.98-435, the "Voting Accessibility for the Elderly and Handicapped Act," or any other voter entitled to vote otherwise than in person under any other federal law. This subsection shall also not apply to any person who registers to vote by appearing in person at any voter registration agency or to any person whose voter registration form is delivered to the county commissioner of registration or to the Attorney General, as the case may be, through a third party by means other than by mail delivery.
c. If a voter has
registered to vote by any means, including by mail, in person, or by delivery
of a voter registration form through a
third party on or after January 1, 2006 for the first time in his or her
current county of residence, and such voter has not been issued a New Jersey
driver's license number or a Social Security number, and did not provide
personal identification when registering pursuant to section 16 of P.L.1974,
c.30 (C.19:31-6.4), the voter shall be permitted to vote after displaying (1)
a current and valid photo identification card; (2) a current utility bill, bank
statement, government check or pay check; or (3) any other government document
that shows the individual's name and current address. If the voter does not
display one of these documents, the voter shall not be permitted to vote by
machine but shall instead be provided with a provisional ballot, pursuant to
the provisions of P.L.1999, c.232 (C.19:53C-1 et seq.).
d. If a voter has registered to vote by any means, including by mail, in person, or by delivery of a voter registration form through a third party on or after January 1, 2006 for the first time in his or her current county of residence, and such voter provided a New Jersey driver's license number or a Social Security number that was unable to be verified in the Statewide voter registration system, established pursuant to P.L.2005, c.145, the voter shall be permitted to vote after displaying (1) a current and valid photo identification card; (2) a current utility bill, bank statement, government check or pay check; or (3) any other government document that shows the individual's name and current address. If the voter does not display one of these documents, the voter shall not be permitted to vote by machine but shall instead be provided with a provisional ballot, pursuant to the provisions of P.L.1999, c.232 (C.19:53C-1 et seq.).
[c.] e. Each county commissioner of registration shall collect and maintain, in the manner prescribed by the Attorney General, the information provided pursuant to [subsection] subsections b. , c., and d. of this section and section 16 of P.L.1974, c.30 (C.19:31-6.4). Access to the personal identification information provided pursuant to [subsection] subsections b. , c., and d. of this section and section 16 of P.L.1974, c.30 (C.19:31-6.4). shall be prohibited, in accordance with subsection a. of section 6 of P.L.2001, c.404 (C.47:1A-5).
(cf: P.L.2004, c.88, s.9)
2. R.S.19:31-5 is amended to read as follows:
19:31-5. Each person, who at the time he or she applies for registration resides in the district in which he or she expects to vote, who will be of the age of 18 years or more at the next ensuing election, who is a citizen of the United States, and who, if he or she continues to reside in the district until the next election, will at the time have fulfilled all the requirements as to length of residence to qualify him or her as a legal voter, shall, unless otherwise disqualified, be entitled to be registered in such district.
Whenever an individual registers by mail [after] between January 1, 2003 and December 31, 2005 to vote for the first time in his or her current county of residence, that individual shall provide either the individual's New Jersey driver's license number or the last four digits of the individual's Social Security [Number] number, or shall submit with the voter registration form a copy of: (1) a current and valid photo identification card; (2) a current utility bill, bank statement, government check or pay check; (3) any other government document that shows the individual's name and current address; or (4) any other identifying document that the Attorney General has determined to be acceptable for this purpose. If the individual does not provide his or her New Jersey driver's license number or Social Security [Number] number information or submit a copy of any one of these documents, either at the time of registration or at any time thereafter prior to attempting to vote, the individual shall be asked for identification when voting for the first time starting at the first election held after January 1, 2004 at which candidates are seeking federal office or thereafter. This requirement shall not apply to any individual entitled to vote by absentee ballot under the "Uniformed and Overseas Citizens Absentee Voting Act" (42 U.S.C. 1973ff-1 et seq.) or to any individual who is provided the right to vote other than in person under section 3 of Pub.L.98-435, the "Voting Accessibility for the Elderly and Handicapped Act," or any other voter entitled to vote otherwise than in person under any other federal law. This requirement shall also not apply to any individual who registers to vote by appearing in person at any voter registration agency or to any individual whose voter registration form is delivered to the county commissioner of registration or to the Attorney General, as the case may be, through a third party by means other than by mail delivery.
Whenever an individual registers to vote by any means, including by mail, in person, or by delivery of a voter registration form through a third party on or after January 1, 2006 for the first time in his or her current county of residence, that individual shall provide the individual's current and valid New Jersey driver's license number or, if the individual has not been issued a New Jersey driver's license number, the last four digits of the individual's Social Security number, or, if the individual has not been issued a Social Security number, the individual shall submit with the voter registration form a copy of: (1) a current and valid photo identification card; (2) a current utility bill, bank statement, government check or pay check; or (3) any other government document that shows the individual's name and current address.
Once registered, the registrant shall not be required to register again [in such district as long as he or she resides therein], except when required to do so by the commissioner, because of the loss of or some defect in his or her registration record.
The registrant, when registered as provided in this Title, shall be eligible to vote at any election to be held subsequent to such registration, if he or she shall be a citizen of the United States of the age of 18 years and shall have been a resident of the State for at least 30 days and of the county at least 30 days, when the same is held, subject to any change in his qualifications which may later disqualify him. No registrant shall lose the right to vote, and no registrant's name shall be removed from the [registry list of the county in which the person is registered] Statewide voter registration system, solely on grounds of the person's failure to vote in one or more elections.
(cf: P.L.2004, c.88, s.10)
3. Section 16 of P.L.1974, c.30 (C.19:31-6.4) is amended to read as follows:
16. a. The Attorney General 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
[] Political party affiliation or non-affiliation
[] Signature update
(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) Telephone Number (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 current and valid New Jersey driver's license number:................................
[(b)] OR, if you don't have a current and valid driver's license number, the last four digits of your Social Security Number....................
OR , if you don't have a driver's license number or a Social Security Number, 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) 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) If applicant is unable to complete this form, print the name and address of individual who completed this form.
...................................................
Name
...................................................
Address
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 information concerning absentee voting; 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 Attorney General 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 Attorney General 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 and stating the qualifications for an eligible voter.
f. The Attorney General shall also furnish such registration forms and such instructions to the Director of the Division of Worker's 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 Attorney General in the mail or forwarded to the Attorney General shall be forwarded to the commissioner of registration in the county of the registrant.
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 Attorney General.
j. The Attorney General 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.
(cf: P.L.2005, c.154, s.8)
4. Section 7 of P.L.1999, c.232 (C.19:53C-1) is amended to read as follows:
7. a. (1) The county clerk or the municipal clerk, in the case of a municipal election, shall arrange for the preparation of a provisional ballot packet for each election district. It shall include the appropriate number of provisional ballots, the appropriate number of envelopes with an affirmation statement, the appropriate number of written notices to be distributed to voters who vote by provisional ballot and one provisional ballot inventory form affixed to the provisional ballot bag. The clerk shall arrange for the preparation of and placement in each provisional ballot bag of a provisional ballot packet and an envelope containing a numbered seal. The envelope shall contain, on its face, the instructions for the use of the seal, the number and the election district location of the provisional ballot bag, and the identification numbers of the seal placed in the envelope. Each provisional ballot bag shall be sealed with a numbered security seal before being forwarded to the appropriate election district.
(2) Each provisional ballot bag and the inventory of the contents of each such bag shall be delivered to the designated polling place no later than the opening of the polls on the day of an election.
b. The county clerk or the municipal clerk, in the case of a municipal election, shall arrange for the preparation of the envelope, affirmation statement, and written notice that is to accompany each provisional ballot. The envelope shall be of sufficient size to accommodate the provisional ballot, and the affirmation statement shall be affixed thereto in a manner that enables it to be detached once completed and verified by the county commissioner of registration. The statement shall require the voter to provide the voter's name, and to indicate whether the voter is registered to vote in [a county] the State but has moved [within that county] since registering to vote and has lived within the county for the past 30 days; or is registered to vote in the election district in which that polling place is located but the voter's registration information is missing or otherwise deficient. The statement shall further require the voter to provide the voter's most recent prior voter registration address and address on the day of the election and date of birth. The statement shall include the statement: "I swear or affirm, that the foregoing statements made by me are true and correct and that I understand that any fraudulent voting may subject me to a fine of up to $15,000, imprisonment up to five years or both, pursuant to R.S.19:34-11." It shall be followed immediately by spaces for the voter's signature and printed name, and in the case of a name change, the voter's printed old and new name and a signature for each name, the date the statement was completed, political party affiliation, if used in a primary election, and the name of the person providing assistance to the voter, if applicable. Each statement shall also note the number of the election district, or ward, and name of the municipality at which the statement will be used. The Attorney General shall prepare for inclusion in the affirmation statement language for the voter to submit the information required in the registration form described in section 16 of P.L.1974, c.30 (C.19:31-6.4) in order to enable the county commissioner of registration to process the statement as a voter registration application, which shall be valid for future elections if the individual who submitted the provisional ballot is determined not to be a registered voter. The Attorney General shall also prepare and shall provide language for any written instructions necessary to assure proper completion of the statement.
The written notice shall contain information to be distributed to each voter who votes by provisional ballot. The notice shall state that, if the voter registered between January 1, 2003 and December 31, 2005 and is a mail-in registrant voting for the first time in his or her current county of residence following registration , or registered on or after January 1, 2006, and does not have a New Jersey driver's license number or Social Security number, or the New Jersey driver's license number or Social Security number could not be verified, and was given a provisional ballot because he or she did not provide required personal identification information, the voter shall be given until the close of business on the second day after the election to provide identification to the applicable county commissioner of registration, and the notice shall contain a telephone number at which the commissioner may be contacted. The notice shall further state that failure to provide the required personal identification information within that time period shall result in the rejection of the ballot. The notice shall state that pursuant to section 4 of P.L.2004, c.88 (C.19:61-4), any individual who casts a provisional ballot will be able to ascertain under a system established by the State whether the ballot was accepted for counting, and if the vote was not counted, the reason for the rejection of the ballot. The notice shall include instructions on how to access such information.
c. For the primary for the general election, the provisional ballots shall be printed in ink on paper of a color that matches the color of the voting authority, which shall indicate the party primary of the voter. The provisional ballots shall be uniform in size, quality and type and of a thickness that the printing thereon cannot be distinguished from the back of the paper, and without any mark, device or figure on the front or back other than as provided in P.L.1999, c.232 (C.19:53C-1 et seq.). Each such ballot shall include near the top thereof and in large type the designation PROVISIONAL BALLOT. In all other respects, the provisional ballots shall conform generally to the other ballots to be used in the election district for the primary election.
The clerk of the county or municipality shall arrange for the preparation of each provisional ballot package with an appropriate number of provisional ballots for each political party, a corresponding number of envelopes with affirmation statements, and a corresponding number of written notices. Additional provisional ballots, envelopes, and notices shall be available for delivery to that election district on the day of the election, if necessary.
d. For the general election the provisional ballots shall be printed in ink. The provisional ballots shall be uniform in size, quality and type and of a thickness that the printing thereon cannot be distinguished from the back of the paper, and without any mark, device or figure on the front or back other than as provided in this act. Each such ballot shall include near the top thereof and in large type the designation PROVISIONAL BALLOT. In all other respects, the provisional ballots shall conform generally to the other ballots to be used in the election district for the general election.
The clerk of the county or municipality shall arrange for the preparation of each provisional ballot package with an appropriate number of provisional ballots, a corresponding number of envelopes with affirmation statements, and a corresponding number of written notices. Additional provisional ballots, envelopes, and notices shall be available for delivery to that election district on the day of the election, if necessary.
e. For a school election the provisional ballots shall be printed in ink. The provisional ballots shall be uniform in size, quality and type and of a thickness that the printing thereon cannot be distinguished from the back of the paper, and without any mark, device or figure on the front or back other than as provided in this act. Each such ballot shall include near the top thereof and in large type the designation PROVISIONAL BALLOT. In all other respects, the provisional ballots shall conform generally to the other ballots to be used in the election district for the school election.
The clerk of the county shall arrange for the preparation of each provisional ballot package with an appropriate number of provisional ballots, a corresponding number of envelopes with affirmation statements, and a corresponding number of written notices. Additional provisional ballots, envelopes, and notices shall be available for delivery to that election district on the day of the election, if necessary.
f. Following the effective date of P.L.2004, c.88 (C.19:61-1 et al.), a provisional ballot that requires the voter to punch out a hole in the ballot as a means of recording the voter's vote shall not be used in any election in this State.
g. For the presidential primary election, the provisional ballots shall be printed in ink on paper of a color that matches the color of the voting authority, which shall indicate the party of the voter. The provisional ballots shall be uniform in size, quality and type and of a thickness that the printing thereon cannot be distinguished from the back of the paper, and without any mark, device or figure on the front or back other than as provided in P.L.1999, c.232 (C.19:53C-1 et al.). Each such ballot shall include near the top thereof and in large type the designation PROVISIONAL BALLOT. In all other respects, the provisional ballots shall conform generally to the other ballots to be used in the election district for the primary election for the general election.
The clerk of the county or municipality shall arrange for the preparation of each provisional ballot package with an appropriate number of provisional ballots for each political party and a corresponding number of envelopes with affirmation statements. Additional provisional ballots and envelopes shall be available for delivery to that election district on the day of the election, if necessary.
(cf: P.L.2005, c.154, s.56)
5. Section 9 of P.L.1999, c.232 (C.19:53C-3) is amended to read as follows:
9. Whenever a voter enters a polling place to vote on the day of an election and the circumstance of that voter matches the circumstance of a voter described in subsection b. of R.S.19:31-11, the district board shall query the voter and follow the appropriate procedure herein described.
a. If, at any time, the voter has moved from one residence to another in the same election district, the board shall permit the voter to vote at that polling place in the same manner as other voters at the polling place upon written affirmation by the voter to the district board.
b. If the voter has moved within a municipality but currently resides in an election district different from that listed for the voter by the commissioner of registration, the district board shall direct the voter to the appropriate election district and polling place for the voter and inform that person that: (1) the person must go to that polling place to vote; and (2) the person will be permitted to vote thereat by provisional ballot after completing an affirmation statement.
c. If the voter has moved within the county but currently resides in a municipality different from that listed for the voter by the commissioner of registration, the district board shall determine the appropriate election district and polling place for the voter and inform that person that: (1) the person must go to that polling place to vote; and (2) the person will be permitted to vote thereat by provisional ballot after completing an affirmation statement.
d. If, on or before the 29th day prior to the day of the election, the voter has moved into the county from another [county or] state and has not registered to vote in that county, the board shall inform the voter that he is not eligible to vote in that county at that election.
e. If, on or before the 29th day prior to the day of the election, the voter has moved into the county from another county in this State and has not registered to vote in that county, the district board shall determine the appropriate election district and polling place for the voter and inform that person that: (1) the person must go to that polling places to vote; and (2) the person will be permitted to vote thereat by provisional ballot after completing an affirmation statement.
[e.] f. If, after the 29th day prior to the day of an election, the voter has moved into the county from another county in this State, the board shall inform the voter that: (1) the voter is not eligible to vote in the county where he resides currently at that election; and (2) the voter may be eligible to vote in the election district where the voter resided prior to moving to the voter's current residence.
[f.] g. If the voter's registration information has been marked by the county commissioner of registration to indicate a problem therewith, or if the voter's sample ballot has been returned as undeliverable to the county or municipal clerk, as the case may be, but the voter states that the voter has not moved prior to the day of an election, but instead continues to reside at the same address the voter resided at when voting previously, the voter shall be permitted to vote in such election district in the same manner as other voters at the polling place upon written affirmation to the district board of that election district.
[g.] h. If the voter's registration information is missing, the voter shall be permitted to vote by provisional ballot after completing the affirmation statement attached to the envelope provided with the provisional ballot.
[h.] i. In accordance with the requirements of subsection (c) of section 302 of Pub.L.107-252 (42 U.S.C. 15482), whenever a voter is voting as a result of a federal or State court order or any other order extending the time established for closing the polls in effect 10 days before the date of an election, the voter may vote only by provisional ballot. Any such ballot shall be separated by the county board from other provisional ballots cast at the election and the results shall be canvassed and recorded separately in the official canvas for the election.
[i.] j. Any person who registered between January 1, 2003 and December 31, 2005, and , pursuant to subsection b. of R.S.19:15-17, votes by provisional ballot at the polling place because of his or her failure to provide required personal identification information , or registered on or after January 1, 2006, and pursuant to subsection c. or d. of R.S.19:15-17, votes by provisional ballot at the polling place because of his or her failure to provide required personal identification information shall be given until the close of business on the second day after the election to provide the applicable county commissioner of registration with the identification information. Failure to provide the required personal identification information within that time period shall result in the rejection of the ballot.
(cf: P.L.2004, c.88, s.23)
6. Section 4 of P.L.1953, c.211 (C.19:57-4) is amended to read as follows:
4. At any time not less than seven days prior to an election in which he desires to vote by mail, a civilian absentee voter may apply to the person designated in section 6 of P.L.1953, c.211 (C.19:57-6), for a civilian absentee ballot. Such application or request shall be made in writing, shall be signed by the applicant and shall state his or her place of voting residence and the address to which said ballot shall be sent.
Any military service voter desiring to vote in any election or any relative or friend of a military service voter who believes that such voter will desire to vote in any election, may apply to the person designated in section 6 of P.L.1953, c.211 (C.19:57-6) for a military service ballot to be sent to such voter. A military service voter may use a federal postcard application form to apply for a military service ballot. On any application made by a military service voter the voter may request a military service ballot for all subsequent elections through and including the next two regularly scheduled general elections for federal office which take place after the request is made; if such a request is made, a military service ballot shall be sent in a timely manner to the voter for all such elections.
Any civilian absentee voter who fails to apply within the seven-day time prescribed above may apply in person to the county clerk for an absentee ballot on any day up to 3 p.m. of the day before the election.
In the event of sickness or confinement, the qualified voter may apply in writing for and obtain an absentee ballot by authorized messenger, who shall be so designated over the signature of the voter and whose printed name and address shall appear on the application in the space provided. The authorized messenger shall be a family member or a registered voter of the county in which the application is made and shall place his signature on the application in the space so provided in the presence of the county clerk or his designee. No person who is a candidate in the election for which the voter requests an absentee ballot shall be permitted to serve as an authorized messenger. The authorized messenger shall show a photo identification card to the county clerk, or the designee thereof, at the time the messenger submits the application form. The county clerk or his designee shall authenticate the signature of the authorized messenger, in the event such a messenger is other than a family member, by comparing it with the signature of the said person appearing on a State of New Jersey driver's license, or other identification issued or recognized as official by the federal government, the State, or any of its political subdivisions, which identification carries the full address and signature of said person. After the signature of the application and, when appropriate, authentication, the county clerk or his designee is authorized to deliver to the authorized messenger a ballot to be delivered to the qualified voter. The Attorney General shall cause to be prepared a standard authorized messenger application form, which may be included with the standard civilian absentee ballot application forms. The authorized messenger section of the application shall contain the following language above the signature of the authorized messenger: "I do hereby certify that I will deliver the absentee ballot directly to the voter and no other person, under penalty of law."
A voter who is permanently and totally disabled, and any other voter who wishes to vote only by absentee ballot in a general election, and who states that on a request for an absentee ballot, shall be furnished an application for an absentee ballot by the county clerk for future elections in which the voter shall be eligible to vote, without further request on the part of the voter and until the voter requests that he or she no longer be sent an application. A voter who is permanently and totally disabled shall have the option to indicate on an application for an absentee ballot that the voter would like to receive an absentee ballot for each election that takes place during the remainder of the calendar year in which the application is completed and submitted. A voter who exercises this option shall be furnished with an absentee ballot for each election that takes place during the remainder of the calendar year without further request by the voter. A person voting by absentee ballot who registered by mail [after] between January 1, 2003, and December 31, 2005, or who registered by any means including by mail, in person, or by delivery of the voter registration form through a third party on or after January 1, 2006 who did not provide personal identification information when registering pursuant to [section 16 of P.L.1974, c.30 (C.19:31-6.4)] R.S.19:31-5 and is voting for the first time in his or her current county of residence following registration shall include the required identification information with the absentee ballot. Failure to include such information with the absentee ballot shall result in the rejection of the ballot.
(cf: P.L.2005, c.137, s.3)
7. Section 7 of P.L.1953, c.211 (C.19:57-7) is amended to read as follows:
7. a. The Attorney General, through the Division of Elections in the Department of Law and Public Safety shall be responsible for providing all information regarding military service ballots, as defined in section 2 of P.L.1953, c.211 (C.19:57-2), and overseas federal election voter ballots, as provided for in P.L.1976, c.23 (C.19:59-1 et seq.). The division shall also make available valid military service voter registration applications, military service ballot applications and overseas federal election voter registration and ballot applications to any military service or overseas federal election voter who wishes to register to vote or to vote in any jurisdiction in this State. The division shall publish or cause to be published the following notice in substantially the following form:
NOTICE TO MILITARY SERVICE VOTERS AND
TO THEIR RELATIVES AND FRIENDS
If you are in the military service, or the spouse or dependent of a person in military service or are a patient in a veterans' hospital or a civilian attached to or serving with the Armed Forces of the United States, or the spouse or dependent of and accompanying or residing with a civilian attached to or serving with the Armed Forces of the United States, and desire to vote, or if you are a relative or friend of any such person who, you believe, will desire to vote in the..................................... (school, municipal, primary, presidential primary, general or other) election to be held on......................... (date of election) kindly write to the undersigned at once making application for a military service ballot to be voted in said election to be forwarded to you, stating your name, age, serial number if you are in military service, home address and the address at which you are stationed or can be found, or if you desire the military service ballot for a relative or friend then make application under oath for a military service ballot to be forwarded to him, stating in your application that he is over the age of 18 years and stating his name, serial number if he is in military service, home address and the address at which he is stationed or can be found.
Military service voters may also apply for a military service ballot by sending a federal postcard application form to the undersigned.
On the application for a military service ballot, military service voters may request that a military service ballot be sent for all subsequent elections through and including the next two regularly scheduled general elections for federal office which take place after the request is made.
(NOTE: MILITARY SERVICE VOTER CLAIMING MILITARY STATION AS HOME ADDRESS FOR VOTING PURPOSES MAY NOT USE MILITARY ABSENTEE BALLOT UNLESS REGISTERED TO VOTE IN THE MUNICIPALITY WHERE SUCH STATION IS LOCATED.)
Forms of application other than federal postcard application forms can be obtained from the undersigned. Dated.....................................................
(signature and title of Director of Division of Elections)
......................................
(address of Division of Elections)
b. The county clerk of the county, 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 clerk of the municipality, 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, road district, sewerage district, street lighting district, water supply district or other special district, other than a municipality, created for specified public purposes within one or more municipalities, shall publish or cause to be published the following notice in substantially the following form:
NOTICE TO PERSONS DESIRING CIVILIAN ABSENTEE BALLOTS
If you are a qualified and registered voter of the State who wants to vote by absentee ballot in the......................... (school, municipal, primary, presidential primary, general, or other) election to be held on................. (date of election) kindly complete the application form below and send to the undersigned, or write or apply in person to the undersigned at once requesting that a civilian absentee ballot be forwarded to you. Such request must state your home address, and the address to which said ballot should be sent, and must be dated and signed with your signature. If any person has assisted you to complete the absentee ballot application, the name, address and signature of the assistor must be provided on the application. Also, you must sign and date the application for it to be valid and processed. No person who is a candidate in the election for which the voter requests an absentee ballot may provide any assistance in the completion of the ballot or may serve as an authorized messenger. No civilian absentee ballot will be furnished or forwarded to any applicant unless request therefor is received not less than seven days prior to the election, and contains the foregoing information.
Voters who are permanently and totally disabled, and any other voters who wish to vote only by absentee ballot in a general election, and who state that on their request shall, after their initial request and without further action on their part, be forwarded an absentee ballot application by the county clerk for future elections in which they are eligible to vote and until the voter requests that he or she no longer be sent an application. Permanently and totally disabled voters also have the option of indicating on their absentee ballot applications that they would prefer to receive absentee ballots for each election that takes place during the remainder of this calendar year. Permanently and totally disabled voters who exercise this option will be furnished with absentee ballots for each election that takes place during the remainder of this calendar year, without further action on their part.
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)
APPLICATION FORM FOR CIVILIAN
ABSENTEE BALLOT
(Form to be prepared by the Attorney General pursuant to section 17 of P.L.1977, c.47 (C.19:57-4.1)).
c. The absentee ballot materials shall contain a notice that any person voting by absentee ballot who registers by mail [after] between January 1, 2003, and December 31, 2005, or by any means including by mail, in person, or by delivery of the voter registration form through a third party on or after January 1, 2006 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 the required identification information with the absentee ballot, and that failure to include such information shall result in the rejection of the ballot.
d. Such notices as described in subsections a. and b. of this section shall be separately published prior to the 50th 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 the 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 be published in said municipality or district, then in a newspaper published in the county and circulating in such municipality, municipalities or district. All such notices shall be display advertisements.
(cf: P.L.2005, c.138. s.4)
8. R.S.19:34-32 is amended to read as follows:
19:34-32. No insurance corporation or association doing business in this state shall, directly or indirectly, pay or use, or offer, consent or agree to pay or use, any money or property for or in aid of any political party, committee, organization or corporation, or for or in aid of any candidate for political office, or for nomination for such office, or for any political purpose whatsoever, or for the reimbursement or indemnification of any person for money or property so used.
Any officer, director, stockholder, attorney or agent of any corporation or association which violates any of the provisions of this title, who participates in, aids, abets, or advises or consents to any such violation, and any person who solicits or knowingly receives any money or property in violation of this title, shall be guilty of a [misdemeanor] crime of the third degree.
(cf: R.S.19:34-32)
9. Section 5 of P.L.1947, c.167 (C.19:32-30) is amended to read as follows:
5. Such superintendents and their assistants, in order to enforce the laws of this State regarding the conduct of elections, shall investigate all complaints relating to the registration of voters, and for that purpose the superintendents and their assistants shall have full power and authority to visit and inspect any house, dwelling, building, inn, lodging house or hotel and interrogate any inmate, house dweller, keeper, caretaker, owner, proprietor or landlord thereof or therein as to any person or persons residing or claiming to reside therein or thereat; to inspect and copy any books, records, papers or documents relating to or affecting the elections, either general, special, primary or municipal, or the registration of voters in the custody and control of district boards, county boards, or the clerks or other officers of municipalities; to require every lodging house keeper, landlord or proprietor to exhibit his register of lodgers therein at any time to the superintendent, his subordinates or any other person so designated by such superintendent.
Any person who neglects or refuses to furnish any information required or authorized by this Title, or to exhibit the records, papers, or documents herein authorized to be inspected, or which are required to be exhibited, shall be guilty of a [disorderly persons offense] crime of the fourth degree.
(cf: P.L.2005, c.154, s.15)
10. R.S.19:32-8 is amended to read as follows:
19:32-8. When directed by the superintendent every landlord, proprietor, lessee or keeper of a lodging house, inn or hotel, shall keep a register in which shall be entered the names and residences, the date of arrival and departure of his guests, and the room, rooms or bed occupied by them. This register shall be arranged so that there shall be a space on the same line in which each guest or lodger shall sign his name.
Such landlord, proprietor, lessee or keeper shall make a sworn report upon a blank to be prepared and furnished by the superintendent thirty days before the election next ensuing to such superintendent, containing a detailed description of the premises so used and occupied as a lodging house, inn or hotel, including the size and character of building, and in case only part of a building is so used, a statement as to what part, and the names of the lodgers therein, and all the employees, and all other persons living therein, including the landlord, proprietor, lessee or keeper, and members of his family, who claim a voting residence at or in such lodging house, inn or hotel, together with the length of time they have been regularly lodged or lived therein, the beginning of such residence, the color, approximate age, height, weight, whereby the persons may be identified, the nationality, the occupation and place of business of such persons, and the room occupied by each person, and whether the person is a guest, landlord, proprietor, lessee or keeper, and the signature of each person. Above the space reserved for the signature of each such person shall be printed the following words, "the foregoing statements are true." In the form of affidavit, which shall be sworn to by the landlord, proprietor, lessee or keeper of such lodging house, inn or hotel, shall be included the statement that the signatures of the guests or lodgers certified to in such report were written in the presence of such landlord, proprietor, lessee or keeper, and that he personally knows them to be the persons therein described.
To the end that the sworn report herein shall truly set forth the facts therein stated, such landlord, proprietor, lessee or keeper shall question each [male] person lodging or living in the lodging house, inn or hotel, as to his intention of claiming such place as a voting residence, and the person shall thereupon declare his intention thereof, and if he shall claim the place as his voting residence, he shall give to such landlord, proprietor, lessee or keeper such facts regarding himself as are required to be incorporated in the sworn report herein provided for. Such report and affidavit shall be filed personally by the landlord, proprietor, lessee or keeper with the superintendent at his office.
Any such landlord, proprietor, lessee or keeper or any lodger who shall violate this section shall be deemed guilty of a crime of the fourth degree.
(cf: P.L.2005, c.154, s.12)
11. Section 8 of P.L.1947, c.167 (C.19:32-33) is amended to read as follows:
8. When directed by the superintendent, every landlord, proprietor, lessee or keeper of a lodging house, inn or hotel shall keep a register in which shall be entered the names and residences, the date of arrival and departure of his guests, and the room, rooms or bed occupied by them. This register shall be arranged so that there shall be a space on the same line in which each [male] guest or [male] lodger shall sign his name.
Such landlord, proprietor, lessee or keeper shall make a sworn report upon a blank to be prepared and furnished by the superintendent thirty days before the election next ensuing to such superintendent, containing a detailed description of the premises so used and occupied as a lodging house, inn or hotel, including the size and character of building, and in case only part of a building is so used, a statement as to what part, and the names of the lodgers therein, and all the employees, and all other persons living therein, including the landlord, proprietor, lessee or keeper, and members of his family, who claim a voting residence at or in such lodging house, inn or hotel, together with the length of time they have been regularly lodged or lived therein, the beginning of such residence, the color, approximate age, height, weight, whereby the persons may be identified, the nationality, the occupation and place of business of such persons, and the room occupied by each person, and whether the person is a guest, landlord, proprietor, lessee or keeper, and the signature of each person. Above the space reserved for the signature of each such person shall be printed the following words, "the foregoing statements are true." In the form of affidavit, which shall be sworn to by the landlord, proprietor, lessee or keeper of such lodging house, inn or hotel, shall be included the statement that the signatures of the guests or lodgers certified to in such report were written in the presence of such landlord, proprietor, lessee or keeper, and that he personally knows them to be the persons therein described.
To the end that the sworn report herein required shall truly set forth the facts therein stated, such landlord, proprietor, lessee or keeper shall question each [male] person lodging or living in the lodging house, inn or hotel as to his intention of claiming such place as a voting residence, and the person shall thereupon declare his intention thereof, and if he shall claim the place as his voting residence he shall give to such landlord, proprietor, lessee or keeper such facts regarding himself as are required to be incorporated in the sworn report herein provided for. Such report and affidavit shall be filed personally by the landlord, proprietor, lessee or keeper with the superintendent at his office.
Any such landlord, proprietor, lessee or keeper or any lodger who shall violate this section shall be deemed guilty of a crime of the fourth degree.
(cf: P.L.2005, c.154, s.17)
12. This act shall take effect on January 1, 2006, except that the changes in the first paragraph of subsection b. of section 7 of P.L.1999, c.232 (C.19:53C-1) as amended by section 4 of this bill and in subsections d. and e. of section 9 of P.L.1999, c.232 (C.19:53C-3), as amended by section 5 of this bill shall remain inoperative until July 1, 2006.
STATEMENT
This bill implements new voter identification procedures and changes certain requirements for voting by provisional ballot. The bill conforms voter identification procedures to meet the requirements of the Statewide voter registration system, which is to be implemented on January 1, 2006.
Under current law, an individual who registers by mail to vote for the first time in his or her current county of residence must provide with his or her registration either the individual's New Jersey driver's license number or the last four digits of the individual's Social Security number, or submit with the voter registration form a copy of: (1) a current and valid photo identification card; (2) a current utility bill, bank statement, government check or pay check; (3) any other government document that shows the individual's name and current address; or (4) any other identifying document that the Attorney General has determined to be acceptable for this purpose. If an individual does not provide any identifying information, either at the time of registration or at any time thereafter prior to attempting to vote, the individual will be asked for identification when voting for the first time. Individuals who do not register by mail, or are exempt by federal or State law, are not currently required to provide any identifying information.
This bill would require any individual registering to vote by any means, including by mail, in person, or by delivery of the voter registration form through a third party, after January 1, 2006 to provide a current and valid New Jersey driver's license number. If the registrant has not been issued a New Jersey driver's license number, the registrant would be required to provide the last four digits of the registrant's Social Security number. An individual who has not been issued a driver's license or Social Security number would be required to submit with the voter registration form a copy of: (1) a current and valid photo identification card; (2) a current utility bill, bank statement, government check or pay check; or (3) any other government document that shows the individual's name and current address. If an individual who has not been issued a New Jersey driver's license or Social Security number does not submit an identifying document when registering, he or she would be required to submit one when voting for the first time.
The bill also permits a voter who moves from one county to another county without changing his or her voter registration to vote by provisional ballot in the new county, when the voter has lived within the new county of residence for thirty days. This provision would become operative on July 1, 2006.
