New Jersey-2024-A3542-Introduced

An Act concerning ballot drop boxes and amending P.L.2020, c.72.

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

1. Section 1 of P.L.2020, c.72 (C.19:63-16.1) is amended to read as follows:

1. a. In addition to delivering a voted mail-in ballot by mail or in person as provided under "The Vote By Mail Law," P.L.2009, c.79 (C.19:63-1 et seq.), a mail-in voter shall be entitled to deposit the voter's completed mail-in ballot in a ballot drop box established by the county board of elections as provided under this section. Each mail-in ballot deposited in a ballot drop box by the time designated under current law for the closing of the polls for that election shall be considered valid and shall be canvassed. If, at the closing of the polls, a voter deposits a mail-in ballot at a ballot drop box in a county in which the voter does not reside, the county board of elections, upon discovering that fact, shall notify and timely deliver the ballot to the county board of elections of the county in which the voter resides, who shall accept the ballot for processing. The limitations and prohibitions applicable to mail-in ballot bearers under "The Vote By Mail Law," P.L.2009, c.79 (C.19:63-1 et seq.) shall apply under this section.

b. (1) For any election, the county board of elections in each county shall establish ballot drop boxes where voters may deposit their voted mail-in ballots at least 45 days before the election. The ballot drop boxes shall be located throughout the county in a manner specified under paragraph (2) of this subsection. The county board of elections may establish a pickup schedule to retrieve mail-in ballots deposited in ballot drop boxes, consistent with the guidelines established by the Secretary of State pursuant to subparagraph (c) of paragraph (2) of this subsection.

(2) (a) A ballot drop box shall mean a secured drop box that is not required to be within view of a live person for monitoring. All ballot drop boxes shall be available for use by a voter 24 hours a day and shall be placed at locations equipped with security cameras that allow for surveillance of the ballot drop box.

(b) Beginning with the 2021 general election, at least one ballot drop box shall be located: at any county government building in which the main office of the county clerk is located; in each municipality with a population larger than 5,000 residents; at the main campus of each State college or university; and the main campus of each independent four-year college or university with enrollments larger than 5,000 students. Notwithstanding the locational criteria established by this subparagraph, whenever two or more ballot drop box locations are separated by a distance of less than 2,000 feet, the board of elections in each county shall determine secondary locations for those ballot drop boxes in compliance with the requirements of this section. The secondary ballot drop box locations shall be located within the municipality where those ballot drop boxes were originally located and shall be approved by a majority vote of the members of the board of elections. However, in the event of a tie in the votes cast by the members of the board of elections, the county clerk shall cast the deciding vote. Whenever possible, at least one ballot drop box shall be located in a municipality with an average per capita income or a median family income at or below 250% of the federal poverty guideline according to the most recent federal American Community Survey.

(c) The board of elections in each county shall establish no fewer than 10 ballot drop boxes. To the best of their ability, the board of elections of every county shall place secure ballot drop boxes based on geographic location and population density to best serve the voters of each county in compliance with the guidelines adopted pursuant to subsection c. of this section. The Secretary of State shall establish guidelines for the placement of the ballot drop boxes, the security of the ballot drop boxes, and the schedule for ballot pickup from the ballot boxes.

(d) All ballot drop box locations shall be on sites that meet the accessibility requirements applicable to polling places under R.S.19:8-2 and shall be subject to the same compliance oversight applicable to polling places under section 3 of P.L.1991, c.429 (C.19:8-3.3). A ballot drop box site shall be considered accessible if it is in compliance with the federal "Americans with Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.).

(e) Except as otherwise provided herein, no ballot drop box shall be located inside, or within 100 feet of an entrance or exit, of a State, county, or municipal police station.

Notwithstanding the provisions of this subparagraph, a ballot drop box that has already been installed and permanently affixed prior to the effective date of this act, P.L.2021, c.459, at any of the following locations may remain at that location notwithstanding that the ballot drop box is within 100 feet of an entrance or exit of a State, county, or municipal police station if the county commissioners approve the continued presence at that location by a majority vote of the commissioners and with the reasons therefor subject to public disclosure:

any county government building in which the main office of the county clerk is located; any municipal government building in which the main office of the municipal clerk is located in municipalities with populations larger than 5,000 residents; the main campus of a county community college; the main campus of a State college or university; and the main campus of an independent four-year college or university with enrollments larger than 5,000 students.

(f) Except as otherwise permitted herein, no State, county, or municipal police officer shall remain or stand within 100 feet of a ballot drop box in use during the conduct of an election. Nothing herein shall be interpreted to prohibit the police officer from:

voting at that ballot drop box in a personal capacity;

traveling to and from, or remaining within, their personal residence if that residence is within 100 feet of a ballot drop box;

investigating, addressing, or removing any cause for a disturbance, or otherwise responding to a request for assistance, on or around the premises of the location of that ballot drop box; or

escorting to or from, or both, a ballot drop box or the premise on which it is located any person who may require the assistance of the officer.

(g) No person shall wear, display, sell, give, or provide any political or campaign slogan, badge, button, or other insignia associated with any political party or candidate within 100 feet of a ballot drop box in use during the conduct of an election, except with respect to the badge furnished by the county board as provided by law. A person violating the provisions of this subparagraph shall be guilty of a disorderly persons offense.

(h) At least one ballot drop box in each county shall be a drive-up ballot drop box. As used in this subsection, a "drive-up ballot drop box" means a ballot drop box and location designed and evaluated to possess accessible features including, but not limited to, sufficient vehicle turning radius adjacent to the driver side, curb cuts, availability of handicap parking, and an unimpeded path to the ballot drop box from handicap parking. The drive-up ballot drop box shall be easy to locate by voters and readily visible with adequate lighting and a clear line of sight from the street and parking area.

(i) All ballot drop boxes shall be clearly and visibly marked as an "Official Ballot Drop Box." The following information shall be provided, in a uniform manner prescribed by the Secretary of State, at drop boxes and drop box locations in all languages required under the federal Voting Rights Act of 1965 (52 U.S.C. s. 10503) and those languages applicable to a particular county as required under section 2 of P.L.1965, c. 29 (C.19:23-22.4):

(i) language stating that tampering with the drop box is a crime of the third degree, resulting in a prison sentence between 3 and 5 years and a fine up to $15,000 if convicted;

(ii) a toll-free voter hotline connecting the voter to either the county board of elections office or the Division of Elections or Secretary of State hotlines;

(iii) a statement that "NO POSTAGE IS NECESSARY" when depositing the ballot into the drop box;

(iv) a statement that "FOR DEPOSITS FOR MAIL-IN BALLOTS FOR THIS COUNTY ONLY. THIS IS NOT A MAILBOX. FOR ALL OTHER COUNTIES AND STATES, PLEASE MAIL."

(v) a statement informing the public that no mail-in ballots will be accepted after 8:00 p.m. on Election Day, unless there are voters in line at the drop box or the time for the closing of the polls has been extended by a court order.

c. The Secretary of State, in consultation with county boards of elections, shall establish the guidelines necessary to ensure the secure and successful implementation of the mail-in ballot drop boxes required by this section to ensure adequate access in various geographic areas of the county. In determining the ballot drop box locations, the secretary and county boards of elections shall consider, at a minimum, concentrations of population, geographic areas, voter convenience, proximity to public transportation, community-based locations, travel time to the location, proximity to other voting locations and ballot drop boxes, commuter traffic patterns, and security. The guidelines shall include, but may not be limited to, criteria for each county board of elections to:

(1) determine the number of ballot drop boxes required per voter population, considering both the number of registered voters and the number of registered mail-in voters in each county before each election;

(2) select the geographic location of each ballot drop box, ensuring an equitable distribution of ballot drop boxes across the county to maximize convenience to voters;

(3) ensure the accessibility of ballot drop boxes and drop box locations to persons with disabilities; [and]

(4) maintain the security of ballot drop boxes and of the ballots deposited therein, including standards and procedures for ballot retrieval by authorized persons only, and for ensuring the proper chain of custody and safe storage of voted mail-in ballots before each election; and

(5) establish an electioneering boundary of 100 feet around a ballot drop box in compliance with R.S.19:34-15, and post signs containing the words "NO ELECTIONEERING WITHIN 100 FEET OF A BALLOT DROP BOX" to notify the public, including information that a person shall not distribute or display any circular or printed matter or offer any suggestion or solicit any support for any candidate, party, or public question within the electioneering boundary of the ballot drop box.

d. Each county clerk shall include the locations of the ballot drop boxes established in the county along with the instructions furnished with the mail-in ballot package sent to each mail-in voter pursuant to section 7 of P.L.2009, c.79 (C.19:63-7). At least 45 days before each election, each county board of elections shall cause to be published on their respective websites the location of the ballot drop boxes in each county, and shall provide this information to the Secretary of State for publishing the same on the Division of Elections website.

e. Whenever a municipal, school, or special election is held, the board shall, at a minimum, open the ballot drop box located geographically closest to the municipal government building in which the main office of the municipal clerk is located and the ballot drop box located at the board of elections or county office, if one is placed at that location. When a school election encompasses more than one municipality, the board shall be responsible for the selection of the ballot drop box location with respect to each municipality.

(cf: P.L.2022, c.70, s.4)

2. This act shall take effect immediately.

STATEMENT

This bill requires the county board of elections in each county to establish at least one drive-up ballot drop box in the county and to post certain information at ballot drop boxes and locations.

Under current law, each county board of elections is required to establish at least 10 ballot drop boxes at locations throughout the county following several criteria. Under this bill, at least one of those locations would be required to be a "drive-up ballot drop box," defined as a ballot drop box and location designed and evaluated to possess accessible features including, but not limited to, sufficient vehicle turning radius adjacent to the driver side, curb cuts, availability of handicap parking, and an unimpeded path to the ballot drop box from handicap parking. The bill requires the drive-up ballot drop box to be easy to locate and readily visible by voters with adequate lighting and a clear line of sight from the street and parking area.

The bill would also require certain information to be posted at ballot drop boxes and drop box locations. Under the bill, all ballot drop boxes would be marked as an "Official Ballot Drop Box." In addition, in a uniform manner prescribed by the Secretary of State, the following information would be posted at drop boxes and drop box locations in all languages required under the federal Voting Rights Act of 1965 and under current law for the county: the penalties for drop box tampering; a-toll free voter hotline; a statement indicating that no postage is necessary for depositing the ballot into the drop box; a statement indicating that the drop box is for mail-in ballots only for that county; and a statement informing the public of the applicable deadline for accepting ballots at the drop box.

Finally, the bill directs the Secretary of State and county boards of elections to include guidelines for county boards of elections to follow to establish an electioneering boundary of 100 feet around each ballot drop box in compliance with current law. The bill requires the posting of signs and information to notify the public of the prohibited electioneering activities within the boundary of the ballot drop box.