Bill Text: NJ A4089 | 2012-2013 | Regular Session | Introduced
Bill Title: Prohibits voters from voting in primary or general election by electronic communications; permits voting by provisional ballot if state of emergency declared.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-05-06 - Introduced, Referred to Assembly State Government Committee [A4089 Detail]
Download: New_Jersey-2012-A4089-Introduced.html
Sponsored by:
Assemblyman REED GUSCIORA
District 15 (Hunterdon and Mercer)
SYNOPSIS
Prohibits voters from voting in primary or general election by electronic communications; permits voting by provisional ballot if state of emergency declared.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning voting in a primary or general election, and supplementing chapter 1 of Title 19 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. No voter physically present in this State shall be permitted to vote in a primary election or general election by electronic mail, fax, or any other form of electronic communications.
b. In the event that a state of emergency is declared in one or more counties of the State by the President of the United States or by the Governor of this State and as a result a regularly-scheduled primary or general election cannot be conducted therein using an electronic voting system, voters registered to vote at an address in the county or counties under the state of emergency shall be given the opportunity to vote using provisional ballots or a similar type of paper ballot provided and collected by the county board of elections.
c. The prohibition in subsection a. of this section shall not apply to a qualified overseas voter, as defined by section 2 of P.L.1976, c.23 (C.19:59-2), who seeks to vote by electronic means in any election in which such form of voting is permitted pursuant to P.L.1976, c.23 (C.19:59-1 et seq.). Neither the Governor nor any other State official shall have the authority to provide that the definition of an overseas voter established in current law includes any voter who is not physically present in this State.
2. This act shall take effect immediately.
STATEMENT
This bill prohibits a voter who is not physically present in New Jersey from voting in a primary election or general election by electronic mail, fax, or any other form of electronic communications.
In the event that a state of emergency is declared in one or more counties of the State and as a result a regularly-scheduled primary or general election cannot be conducted therein using an electronic voting system, voters registered to vote at an address in the county or counties under the state of emergency would be given the opportunity to vote using provisional ballots or a similar type of paper ballot provided and collected by the county board of elections.
The prohibition against voting by any form of electronic communications would not apply to a qualified overseas voter who wishes to vote by electronic means in any election in which such form of voting is permitted pursuant to N.J.S.A.19:59-1 et seq. Under the bill, neither the Governor nor any other State official would have the authority to provide that the definition of an overseas voter established in current law includes any voter who is not physically present in this State.
In the aftermath of Hurricane Sandy, an Executive Order was issued by the Governor allowing voters displaced by the storm to vote using the Internet. Voting by such means raises fundamental security issues because it is unprotected and has the potential to be manipulated at various points in the transmission. This bill is necessary to protect the integrity of the voting process.
