Bill Text: NJ A3820 | 2022-2023 | Regular Session | Introduced
Bill Title: Prohibits unaffiliated mail-in voters from receiving mail-in ballot for primary election; requires election officials to provide such voters certain notices; prohibits mail-in ballot envelopes from containing visible political affiliation or designation for certain elections.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2022-07-28 - Approved P.L.2022, c.69. [A3820 Detail]
Download: New_Jersey-2022-A3820-Introduced.html
Sponsored by:
Assemblyman ROBERT J. KARABINCHAK
District 18 (Middlesex)
SYNOPSIS
Requires unaffiliated voter to request mail-in ballot for primary election and declare political party affiliation; requires election officials notify unaffiliated voters of unaffiliated status.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning unaffiliated mail-in voters during a primary election and amending R.S.19:23-45 and P.L.1976, c.16.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.19:23-45 is amended to read as follows:
19:23-45. No voter shall be allowed to vote at the primary election unless his name appears in the signature copy register.
A voter who votes in a primary election of a political party or who signs and files with the municipal clerk or the county commissioner of registration a declaration that [he] the voter desires to vote in the primary election of a political party, or who indicates on a voter registration form the voter's choice of political party affiliation and submits the form to the commissioner of registration of the county wherein the voter resides, to the employees or agents of a public agency, as defined in subsection a. of section 15 of P.L.1974, c.30 (C.19:31-6.3), or a voter registration agency, as defined in subsection a. of section 26 of P.L.1994, c.182 (C.19:31-6.11), or to the Secretary of State, shall be deemed to be a member of that party until the voter signs and files with the municipal clerk or the commissioner of registration a declaration that [he] the voter desires to vote in the primary election of another political party at which time [he] the voter shall be deemed to be a member of such other political party. The Secretary of State shall cause to be prepared political party affiliation declaration forms and shall provide such forms to the commissioners of registration of the several counties and to the clerks of the municipalities within such counties.
No voter, except a newly registered voter at the first primary at which [he] the voter is eligible to vote, or a voter who has not previously voted in a primary election, may vote in a primary election of a political party unless he was deemed to be a member of that party on the 55th day next preceding such primary election.
Notwithstanding the provisions of this section, or any law, rule, or regulation to the contrary, a voter who is listed to receive mail-in ballots for all future elections, pursuant to the provisions of section 3 of P.L.2009, c.79 (C.19:63-3) or section 14 of P.L.2018, c.72 (C.19:63-3.1), and who is not affiliated with any political party, shall not receive a mail-in ballot for a primary election. A voter who is not affiliated with any political party who wishes to vote by mail-in ballot in the primary election of a political party shall apply to the county clerk in the manner and within the timeframe specified under section 3 of P.L.2009, c.79 (C.19:63-3) for the ballot of the political party in whose primary the voter wishes to vote, or designate a political party affiliation for the first time by whatever means permitted by law. Nothing in this section shall be construed to prohibit any unaffiliated mail-in voter from voting in-person by provisional ballot and affiliate with a political party at a polling place on the day of the primary election.
A voter who is listed to receive mail-in ballots for all future elections, pursuant to the provisions of section 3 of P.L.2009, c.79 (C.19:63-3) or section 14 of P.L.2018, c.72 (C.19:63-3.1), and who is not affiliated with any political party shall receive a notification that the voter is not affiliated with any political party and shall not receive a primary ballot for a primary election of a political party. The notification shall include instructions on how to register with a political party through a political party affiliation declaration form and instructions on how to vote in person by provisional ballot and affiliate with a political party at a polling place on the day of a primary election. The Secretary of State shall cause to be prepared uniform language for such notifications. The commissioners of registration of the several counties and the clerks of the municipalities within such counties shall distribute such notifications to a registered voter who is not affiliated with any political party.
A member of the county committee of a political party and a public official or public employee holding any office or public employment to which he has been elected or appointed as a member of a political party shall be deemed a member of such political party.
A voter may declare the voter's party affiliation or change the voter's party affiliation, or declare that the voter is unaffiliated with any party regardless of any previously declared party affiliation, by so indicating on a political party declaration form filed with the municipal clerk or the county commissioner of registration. A voter may also indicate that the voter wishes to declare a political party affiliation or that the voter does not want to declare a political party affiliation on a voter registration form filed at the time of initial registration.
Any person voting in the primary ballot box of any political party in any primary election in contravention of the election law shall be guilty of a disorderly persons offense, and any person who aids or assists any such person in such violation by means of public proclamation or order, or by means of any public or private direction or suggestions, or by means of any help or assistance or cooperation, shall likewise be guilty of a disorderly persons offense.
(cf: P.L.2011, c.134, s.27)
2. Section 2 of P.L.1976, c.16 (C.19:23-45.1) is amended to read as follows:
2. a. The county commissioner of registration in each of the several counties shall cause a notice to be published in each municipality of their respective counties in a newspaper or newspapers circulating therein. The notice to be so published shall be published once during each of the two calendar weeks next preceding the week in which the 55th day next preceding the primary election of a political party occurs.
b. (1) The notice required to be published by the preceding paragraph shall inform the reader thereof that:
(a) no voter, except a newly registered voter at the first primary at which he is eligible to vote, or a voter who has not previously voted in a primary election may vote in a primary election of a political party unless he was deemed to be a member of that party on the 55th day next preceding such primary election[. It shall further inform the reader thereof that];
(b) a voter who is listed to receive mail-in ballots for all future elections, pursuant to the provisions of section 3 of P.L.2009, c.79 (C.19:63-3) or section 14 of P.L.2018, c.72 (C.19:63-3.1), and who is not affiliated with any political party shall not receive a mail-in ballot for a primary election. A voter who is not affiliated with any political party who wishes to vote by mail-in ballot in the primary election of a political party shall apply to the county clerk in the manner and within the timeframe specified under section 3 of P.L.2009, c.79 (C.19:63-3) for the ballot of the political party in whose primary the voter wishes to vote, or designate a political party affiliation for the first time by whatever means permitted by law. An unaffiliated mail-in voter shall be permitted to vote in person by provisional ballot and affiliate with a political party at a polling place on the day of the primary election; and
(c) a voter who votes in the primary election of a political party, or who signs and files with the municipal clerk or the county commissioner of registration a declaration that he desires to vote in the primary election of a political party, or who indicates on a voter registration form the voter's choice of political party affiliation and submits the form to the commissioner of registration of the county wherein the voter resides, to the employees or agents of a public agency, as defined in subsection a. of section 15 of P.L.1974, c.30 (C.19:31-6.3), or a voter registration agency, as defined in subsection a. of section 26 of P.L.1994, c.182 (C.19:31-6.11) or to the Secretary of State, shall be deemed to be a member of that party until the voter signs and files with the municipal clerk or the commissioner of registration a declaration that he desires to vote in the primary election of another political party, at which time he shall be deemed to be a member of such other political party, or that the voter chooses not to be affiliated with any political party.
(2) The notice shall also state the time and location where a person may obtain political party affiliation declaration forms or voter registration forms.
(cf: P.L.2011, c.134, s.28)
3. This act shall take
effect immediately.
STATEMENT
This bill requires that an unaffiliated voter request a mail-in ballot for a primary election and declare a political party affiliation.
Currently, unaffiliated voters listed to receive mail-in ballots receive both a Democrat and Republican primary ballot for a primary election. If they choose, a voter may fill out one ballot and return it, which would then designate them as an affiliated voter for the appropriate party.
This bill requires an unaffiliated voter to request to the county clerk a mail-in ballot for the political party in whose primary the voter wishes to vote. However, the bill allows any unaffiliated mail-in voter to vote in person at the polling place using a provisional ballot and thereby affiliate with a political party that day. This is similar to the process in place in municipalities with 500 or fewer persons that conduct all elections by mail. This bill also requires the county commissioner of registration in each county to publish notice of the requirements for voting in primary elections for unaffiliated voters who vote by mail-in ballot.
This bill also requires notifications to be sent out to any unaffiliated voter listed to receive mail-in ballots informing the voter that they are unaffiliated and providing instructions on how to register with a political party through a political party affiliation declaration form and instructions on how to vote in person by provisional ballot and affiliate with a political party at a polling place on the day of a primary election. The Secretary of State would prepare uniform language for the notifications. The commissioners of registration of the several counties and the clerks of the municipalities within such counties would distribute the notifications to the appropriate voters.
These measures would strengthen the integrity of elections by improving ballot security.
