Bill Text: NJ A3822 | 2022-2023 | Regular Session | Amended
Bill Title: Changes certain mail-in ballot deadlines; permits opening and canvassing of mail-in ballots prior to election day; permits pickup schedule for certain mail-in ballots; requires confirmation notice when voter changes party affiliation at MVC.
Spectrum: Moderate Partisan Bill (Democrat 9-2)
Status: (Passed) 2022-07-28 - Approved P.L.2022, c.70. [A3822 Detail]
Download: New_Jersey-2022-A3822-Amended.html
[Third Reprint]
ASSEMBLY, No. 3822
STATE OF NEW JERSEY
220th LEGISLATURE
INTRODUCED MARCH 24, 2022
Sponsored by:
Assemblyman CRAIG J. COUGHLIN
District 19 (Middlesex)
Assemblyman JOHN DIMAIO
District 23 (Hunterdon, Somerset and Warren)
Assemblyman STERLEY S. STANLEY
District 18 (Middlesex)
Assemblywoman AURA K. DUNN
District 25 (Morris and Somerset)
Assemblyman JOE DANIELSEN
District 17 (Middlesex and Somerset)
Co-Sponsored by:
Assemblywoman Reynolds-Jackson
SYNOPSIS
Changes certain mail-in ballot deadlines; permits opening and canvassing of mail-in ballots prior to election day; permits pickup schedule for certain mail-in ballots; requires confirmation notice when voter changes party affiliation at MVC.
CURRENT VERSION OF TEXT
As reported by the Assembly Appropriations Committee on June 13, 2022, with amendments.
An Act concerning the conduct of elections 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.19:14-1 is amended to read as follows:
19:14-1. Every county clerk shall have ready for the printer on or before the [50th] 45th day prior to the primary or general election a copy of the contents of official ballots as hereinafter required to be printed for use at such election 2, except that every county clerk shall have ready for the printer on or before the 50th day prior to a federal primary or federal general election a copy of the contents of the official ballots for use in such election2. [He] The county clerk shall also on or before that time place another copy of such contents on file in [his] the county clerk's office and keep the same open to public inspection until the sample ballots hereinafter provided to be printed shall have been distributed.
2Nothing in this section, as amended by P.L. , c. (pending before the Legislature as this bill), shall be construed to hinder, limit, or interfere with the ability of a county clerk to comply with the federal "Uniformed and Overseas Citizens Absentee Voting Act" (52 U.S.C. s.20301 et seq.).2
(cf: P.L.2011, c.37, s.6)
2. Section 1 of P.L.2018, c.110 (C.19:52-3.1) is amended to read as follows:
1. [The] a. On the day of an election, the district boards of election at each polling place shall create and publicly display a notice containing an official count of the cumulative number of voters who have voted at each precinct, indicating the number of voters who have voted using [a] the voting [machine] equipment at the polling place and the number of voters who have voted using a provisional ballot. The first notice shall be produced two hours from the opening of the polls and updated every two hours thereafter until the time the polls close.
b. (1) At the close of the
polls on election day and 2[in real
time]
until all eligible ballots are counted2 thereafter, each county
2[board of
elections,]
clerk,2
in consultation with the county 2[clerk] board of
elections2
of that county, shall list on 2[its] the county
clerk's2
Internet site in an easily accessible location the number of ballots that
have been received, have been counted, and are remaining to be counted. 1The ballot tabulations provided by a county 2[board of elections] clerk2 shall include a
date and time
stamp designating the date and time in which the 2county clerk and the2 county board 2of elections, as appropriate,2 stopped tabulating the number of ballots represented in the totals on that particular list.1 Each county 2[board of elections] clerk2 shall provide the ballot tabulations by the following categories:
the number of early in-person ballots that have been received, have been counted, and are remaining to be counted;
the number of vote-by-mail ballots that have been received, have been counted, and are remaining to be counted;
the number of provisional ballots that have been received, have counted, and are remaining to be counted; and
the number of election day ballots that have been received, have been counted, and are remaining to be counted.
2[The] Each2 county 2[board of elections] clerk2 shall provide 2[real time]2 reporting of the ballot tabulations by the listed categories until all eligible ballots are counted.
1If a county board of elections opts to begin opening the inner envelopes for mail-in ballots and canvassing the mail-in ballots from the inner envelopes prior to the day of an election pursuant to subsection b. of section 22 of P.L.2009, c.79 (C.19:63-22), the county 2[board of elections] clerk2 shall report the unofficial ballot tabulations of those mail-in ballots 2on the county clerk's Internet site2 as soon as practicable after the closing of the polls on 2[it's Internet site.] election day.2
(2) Each county 2[board] clerk, in consultation with the county board2 of elections 2of that county,2 shall send 1the ballot tabulations of that county by1 the same 1[list] categories1 to the Secretary of State 1by 11:59 P.M. on the day of the election and1 each day after the election by 8:00 P.M. until all eligible ballots are counted. Upon receipt of the number of ballots that have been received, have been counted, and are remaining to be counted by each category from each county 2[board of elections] clerk2, the Secretary of State shall provide in an easily accessible location on the Internet site of the Division of Elections the total number of ballots for the State and for each county that have been received, have been counted, and are remaining to be counted by the same categories. 1The Statewide and county-by-county ballot tabulations provided by the Secretary of State shall include a date and time stamp designating the date and time in which the Secretary of State stopped compiling the number of ballots represented in the totals on that particular list.1 The Secretary of State shall provide the ballot tabulations each day after the election by 9:00 P.M until all eligible ballots are counted.
(3) Each county 2[board of elections] clerk2 and the Division of Elections shall note on their respective Internet site that the number of ballots that have been received, have been counted, and are remaining to be counted are unofficial ballot tabulations and are subject to change as each 2county clerk and2 county board of elections 2, as appropriate,2 receive and process ballots that have been cast in the election.
(cf: P.L.2018, c.110, s.1)
3. Section 2 of P.L.2005, c.148 (C.19:62-2) is amended to read as follows:
2. If an election by mail is authorized pursuant to section 1 of this act, P.L.2005, c.148 (C.19:62-1), the county clerk shall:
a. publish, in advance of the election and pursuant to rules and regulations promulgated by the Secretary of State, official notice that the election shall be conducted by mail together with such other information regarding the conduct of the election as shall be deemed necessary by the Secretary of State;
b. mail a ballot, including an outer envelope and an inner envelope substantially similar to the envelopes provided for mail-in ballots pursuant to sections 12 and 13 of P.L.2009, c.79 (C.19:63-12 and C.19:63-13), not sooner than the 20th day prior to the day of the election nor later than the 14th day prior to the day of the election, to each person registered to vote in the municipality at that election;
c. designate the county clerk's office or the municipal clerk's office as the places to obtain a replacement ballot pursuant to section 5 of P.L.2005, c.148 (C.19:62-5);
d. designate, after consultation with the county board of elections and pursuant to criteria established by the Secretary of State, places within the county or municipality that shall be available for the deposit of voted ballots for the election;
e. make a provisional ballot available at the office of the county clerk and the office of the municipal clerk so that each person who has been a resident of the county or municipality in which the person seeks to register and vote at least 21 days prior to the day of the election and has moved to a location within the municipality after that 21st day and prior to the day of the election may vote;
f. suspend distribution to each registered voter in the municipality of samples of the official ballot of any election, but distribute to each registered voter in the municipality with each ballot a copy of the voter information notice provided for in section 1 of P.L.2005, c.149 (C.19:12-7.1) as modified and supplemented by the Secretary of State as deemed appropriate for use in municipalities conducting elections by mail, and such instruction about the completion of the ballot as deemed necessary by the Secretary of State;
g. make certain that all qualified voters in the municipality requesting a mail-in ballot between the [45th] 38th day and the 21st day prior to the day of an election receive such ballot after the 20th day prior to the day of an election and voters requesting a ballot on or before the seventh day prior to the date of the election shall receive a ballot authorized pursuant to this section; and
h. establish, after consultation with the county board of elections and in accordance with rules and regulations adopted by the Secretary of State, the time by which all ballots must be received by the board on the day of an election to be considered valid and counted.
(cf: P.L.2011, c.37, s.29)
4. 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 2, consistent with the guidelines established by the Secretary of State pursuant to subparagraph (c) of paragraph (2) of this subsection2.
(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.
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.
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 [may] shall, at a minimum, open [only] 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.2021, c.459, s.4)
5. Section 9 of P.L.2009, c.79 (C.19:63-9) is amended to read as follows:
9. a. 2[Starting] Except as provided in subsection d. of this section, starting2 on or before the [45th] 38th day before the day an election is held, each county clerk shall forward mail-in ballots by first-class postage or hand delivery to each mail-in voter whose request therefor has been approved. Mail-in ballots for that have been approved before the [45th] 38th day before an election shall be forwarded or delivered at least [45] 38 days before the day of the election. Hand delivery of a mail-in ballot shall be made by the county clerk or the clerk's designee only to the voter, or the voter's authorized messenger, who must appear in person. No person shall serve as an authorized messenger for more than three qualified voters in an election, but a person may serve as such for up to five qualified voters in an election if those voters are immediate family members residing in the same household as the messenger. Ballots that have not been hand delivered shall be addressed to the voter at the forwarding address given in the application.
b. (1) Whenever the clerk forwards a mail-in ballot by mail to a mail-in voter between the [45th] 38th day and the 13th day before the day of an election, the ballot shall be transmitted within three business days of the receipt of the application.
(2) Whenever the clerk forwards a mail-in ballot by mail to a mail-in voter between the 12th day and the seventh day before the day of an election, the ballot shall be transmitted within two business days of the receipt of the application.
The provisions of this subsection shall not apply to: (a) annual school elections and special school elections in those school districts holding such elections, pursuant to P.L.1995, c.278 (C.19:60-1 et seq.); (b) any municipality in which elections are conducted by mail, pursuant to P.L.2005, c.148 (C.19:62-1 et seq.); (c) annual elections for members of the boards of fire district commissions, pursuant to N.J.S.40A:14-72, when such elections are held at a time other than the time of the general election; and (d) the vote on any public question submitted to the voters of a local unit to increase the amount to be raised by taxation by more than the allowable adjusted tax levy, pursuant to section 11 of P.L.2007, c.62 (C.40A:4-45.46).
c. (Deleted by amendment, P.L.2011, c.37).
2d. Each uniformed and overseas mail-in voter, as defined by the federal "Uniformed and Overseas Citizens Absentee Voting Act" (52 U.S.C. s.20301 et seq.), whose request for a mail-in ballot has been approved, shall be forwarded by the county clerk a mail-in ballot by first-class postage or hand delivery no later than the 45th day before the day of a federal election. Whenever the county clerk forwards a mail-in ballot by mail to a uniformed or overseas mail-in voter between the 45th day and the 13th day before the day of a federal election, the ballot shall be transmitted within three business days of the receipt of the application. Nothing in this section, as amended by P.L. , c. (pending before the Legislature as this bill), shall be construed to be inconsistent with the federal "Uniformed and Overseas Citizens Absentee Voting Act" (52 U.S.C. s.20301 et seq.).2
(cf: P.L.2020, c.71, s.9)
6. Section 24 of P.L.1994, c.182 (C.39:2-3.2) is amended to read as follows:
24. a. The Secretary of State, with the assistance of the Chief Administrator of the New Jersey Motor Vehicle Commission, shall provide for an eligible applicant to simultaneously apply for a motor vehicle driver's license, an examination permit, a probationary driver's license, or a non-driver identification card, as applicable, and be automatically registered to vote, or have an existing voter registration updated, in a manner which satisfies both the requirements necessary to receive a license to operate a motor vehicle, pursuant to R.S.39:3-10, or an examination permit, a probationary driver's license, or a non-driver identification card, as applicable, and to register to vote, pursuant to R.S.19:4-1. The applicant shall be offered an opportunity to decline the automatic voter registration under this section. If an applicant 2[chooses to update] changes the applicant's party affiliation when updating2 an existing voter registration 2under this section2, the applicant shall 2[not be offered the opportunity to change the applicant's party affiliation] be sent a confirmation notice by the Secretary of State noting that change2.
b. (1) Pursuant to subsection a. of this section, for every application for a motor vehicle driver's license, an examination permit, a probationary driver's license, or a non-driver identification card, and each related update, renewal, or change of address, except as provided in paragraphs (2) and (3) of this subsection, the Chief Administrator shall ensure that the information necessary for voter registration is collected from the application and promptly transmitted electronically to the Secretary of State. The Chief Administrator shall ensure that electronic records are not transmitted to the Secretary of State for any applicant who has declined registration. The Commissioner of Registration shall register to vote or update an existing registration for any eligible applicant who has not declined voter registration.
(2) Voter registration information from an application received online for the renewal of a motor vehicle driver's license or non-driver identification card shall be collected and promptly transmitted electronically to the Secretary of State upon the implementation by the Secretary of State of online voter registration. Subsection c. of this section shall be inapplicable to such applications until that time.
(3) Voter registration information from an application received through the mail for the renewal of a motor vehicle driver's license or non-driver identification card shall be exempt from collection and electronic transmission to the Secretary of State until such time as the Chief Administrator determines that the prompt electronic transmission of the information is practicable. Subsection c. of this section shall be inapplicable to such applications until that time. Following the effective date of P.L.2018, c.6, the Chief Administrator shall inform the Governor and the Legislature every six months of the practicability of collecting and transmitting to the Secretary of State voter registration information from such applications. This paragraph shall not be construed to preclude the Motor Vehicle Commission from processing voter registration applications received in the manner in which such applications were processed in connection with such renewals prior to the effective date of P.L.2018, c.6.
c. The Chief Administrator shall provide for the following notices to be provided with every application for a motor vehicle driver's license, an examination permit, a probationary driver's license, or a non-driver identification card and every related update, renewal, or change of address:
(1) a notice that the applicant will be registered to vote, if eligible, unless the applicant specifically declines the automatic voter registration;
(2) a notice of the voter eligibility requirements under R.S.19:4-1 and the penalties for false registration and illegal voting under Title 19 of the Revised Statutes, which notice shall contain an affirmation that the applicant meets each such requirement and shall require the signature of the applicant, under penalty of law; and
(3) a notice that an applicant who is a victim of domestic violence or stalking may decline the automatic voter registration and register to vote without disclosing the applicant's street address pursuant to section 1 of P.L.1994, c.148 (C.19:31-3.2).
d. For each applicant already registered to vote, any change of address notification submitted to the Chief Administrator for the purpose of maintaining current information on an applicant shall be promptly reported to the Secretary of State. A change of address notification received by the Chief Administrator in paper format shall be reported to the Secretary of State no later than the 10th day following its receipt by the Chief Administrator. The Commissioner of Registration shall use the change of address notification to update an existing voter registration unless the applicant declines the automatic voter registration pursuant to this section and indicates that the change of address is not for voter registration purposes. A change of address notification submitted to the commission, which is used for voter registration purposes, shall be subject to the provisions of section 1 of P.L.1994, c.148 (C.19:31-3.2) if the person submitting the change of address notification previously registered to vote in accordance with that section.
e. If a person who is not entitled to vote becomes registered to vote pursuant to this section, that person's registration shall be presumed to have been effected with official authorization, and the person shall not be deemed to have committed a crime under R.S.19:34-1. This subsection shall not apply to a person who knowingly and willfully makes a false statement to effectuate voter registration.
f. The Secretary of State, with the assistance of the Chief Administrator, shall take appropriate measures to educate the public about voter registration under this section.
For the purposes of this section, "eligible applicant" means a person submitting to the commission an application for a motor vehicle driver's license, an examination permit, a probationary driver's license, or a non-driver identification card who meets all requirements for eligibility to vote under R.S.19:4-1.
(cf: P.L.2018, c.6, s.3)
17. Section 22 of P.L.2009, c.79 (C.19:63-22) is amended to read as follows:
22. a. On the day of each election, or as provided under subsection b. of this section, each county board of elections shall open in the presence of the commissioner of registration, or the designee thereof, the inner envelopes that contain the mail-in ballots with the votes cast for the election. The inner envelopes containing the ballots that the board or the Superior Court has rejected shall not be so opened, but shall be retained as provided for by this act. The board shall then proceed to canvass the votes cast on the mail-in ballots, but no such ballot shall be counted in any primary election for the general election if the ballot of the political party marked for voting thereon differs from the designation of the political party in the primary election of which such ballot is intended to be voted as marked on the envelope by the county board of elections.
Every mail-in ballot that bears a postmark date before or of the day of the election and that is received by the county board within [144 hours] 2[72] 962 hours after the time of the closing of the polls for the election that the ballot was prepared shall be considered valid and shall be canvassed. Every mail-in ballot that does not bear a postmark date but that is received by the county board by delivery of the United States Postal Service before, or within 48 hours after, the time of the closing of the polls for the election for which the ballot was prepared shall be considered valid and shall be canvassed.
b. A county board of elections may begin opening the inner envelopes for each mail-in ballot and canvassing each mail-in ballot from the inner envelope no earlier than five days prior to the day of the election. The Secretary of State shall establish guidelines concerning the early canvassing process. If a county board of elections begins opening the inner envelopes and canvassing the mail-in ballots from the inner envelopes prior to the day of the election, the county board shall implement the measures necessary to ensure the security and secrecy of the mail-in ballots. The contents of the mail-in ballots and the results of the ballot canvassing shall remain confidential and shall be disclosed only in accordance with the provisions of Title 19 of the Revised Statutes, regulations and guidelines concerning the disclosure of election results, and in no circumstances disclosed prior to the close of polls on the day of the election. 3In addition to the guidelines concerning the early canvassing process, the Secretary of State shall promulgate regulations to ensure that any county board of elections that begins opening the inner envelopes and canvassing the mail-in ballots from the inner envelopes prior to the closing of the polls on election day shall do so in a manner that prevents any person who is authorized to receive and canvass completed mail-in ballots from obtaining knowledge of the unofficial results of ballots cast for any candidate for public office or any public question submitted to the voters until after the closing of the polls on election day. No tally or tabulation of results shall occur prior to the opening of polls on election day.3 As provided under R.S.19:34-13, any person who is authorized to receive and canvass completed mail-in-ballots who knowingly discloses to the public the contents of a mail-in ballot prior to the time designated by law for the closing of the polls for each election shall be guilty of a crime of the third degree.
c. Immediately after the canvass is completed, the respective county boards of election shall certify the result of the canvass to the county clerk or the municipal or district clerk or other appropriate officer, as the case may be, showing the result of the canvass by municipality and ward. The votes thus canvassed shall be counted in determining the result of the election.
The county board of elections shall, immediately after the canvass is completed for any primary election, certify the results of the votes cast for members of the county committees to the respective municipal clerks, and those votes shall be counted in determining the result of the election.
Each mail-in ballot cast, canvassed, and tallied in an election under this section 3, excluding a fire district election,3 shall be reported in the results for the election district in which the voter resides.1 3Whenever the reporting requirement of this subsection would cause a voter's privacy to be violated, the election results shall be reported in a manner that maintains the privacy of the vote, provided that the election results posted on the county clerk's and the Division of Elections Internet site shall contain a disclosure stating that the results reported for some individual districts reflect measures to protect the privacy of the vote while the general tally accurately reflects the results.3
(cf: P.L.2020, c.71, s.13)
1[7.] 8.1 This act shall take effect immediately, except that section 6 thereof shall take effect on the first day of the fourth month next following the date of enactment. The Secretary of State and Chief Administrator of the New Jersey Motor Vehicle Commission may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
