Bill Text: NJ A4096 | 2018-2019 | Regular Session | Introduced
Bill Title: Allows eligible voters residing overseas whose return to the State is uncertain to vote in State and local elections.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-06-04 - Introduced, Referred to Assembly State and Local Government Committee [A4096 Detail]
Download: New_Jersey-2018-A4096-Introduced.html
Sponsored by:
Assemblywoman JOANN DOWNEY
District 11 (Monmouth)
Assemblyman ERIC HOUGHTALING
District 11 (Monmouth)
SYNOPSIS
Allows eligible voters residing overseas whose return to the State is uncertain to vote in State and local elections.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the right of certain voters residing overseas to vote in New Jersey elections and amending P.L.1976, c.23.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1976, c.23 (C.19:59-2) is amended to read as follows:
2. As used in this act:
a. "United States" means each of the several states, the District of Columbia, Commonwealth of Puerto Rico, Guam, American Samoa and the United States Virgin Islands; the term does not mean or include the Canal Zone or any other territory or possession of the United States.
b. "Residing abroad" means residing outside the United States.
c. "Federal election" means any general, special or primary held for the purpose of nominating or electing any candidate for the office of President or Vice President of the United States, Presidential elector, United States Senator or member of the United States House of Representatives.
d. "Election" shall have the same meaning as defined in R.S.19:1-1, and include any federal, State, or local election, and any public question placed before the voters.
e. "Overseas voter" means any person in military service, or that person's spouse, partner in civil union, domestic partner, or dependent, who, by reason of the person's active duty or service, is, in the case of the person, absent on the date of an election from the place of residence in New Jersey where the person is or would be qualified to vote, or in the case of the person's spouse, partner in civil union, domestic partner, or dependent, absent on the date of an election from the place of residence in New Jersey where that spouse, partner in civil union, domestic partner, or dependent, is or would be qualified to vote.
The term also means any citizen of the United States temporarily residing abroad or whose intent to return is uncertain and who (1) immediately prior to departure from the United States was domiciled in New Jersey and (a) was last registered to vote, or last eligible to register and vote, in New Jersey; or (b) would have been eligible to register and vote in New Jersey except that the citizen had not attained 18 years of age the requirement of which has since been met; or (c) would have been eligible to register and vote in New Jersey except that the citizen had not met the residency requirement; (2) is not registered or qualified to vote elsewhere in the United States; and (3) holds a valid passport or passport card or other proof of citizenship issued under authority of the Secretary of State of the United States.
f. "Overseas federal election voter" means any citizen of the United States residing abroad who does not intend to return [or whose intent to return is uncertain] and who (1) immediately prior to departure from the United States was domiciled in New Jersey and (a) was last registered to vote, or last eligible to register and vote, in New Jersey; or (b) would have been eligible to register and vote in New Jersey except that the citizen had not attained 18 years of age the requirement of which has since been met; or (c) would have been eligible to register and vote in New Jersey except that the citizen had not met the residency requirement; (2) is not registered or qualified to vote elsewhere in the United States; and (3) holds a valid passport or passport card or other proof of citizenship issued under authority of the Secretary of State of the United States.
The term also means any citizen of the United States who was born outside of the United States, is not described above, and, except for the residency requirement of New Jersey, otherwise satisfies the State's voter eligibility requirements, if the last place where a parent, legal guardian, spouse, partner in civil union, or domestic partner of the voter was, or under P.L.1976, c.23 (C.19:59-1 et seq.) would have been, eligible to register and vote before departure from the United States is within New Jersey and the voter has not previously registered to vote elsewhere in the United States.
g. "Electronic means" means any transmission made by an electronic telefacsimile machine or a similar device or by any other form of electronic transmission including, but not exclusive to electronic mail, that transports an authentic copy of a document from one user to another.
h. "Dependent" means an individual recognized as a dependent by a military service.
i. "Federal postcard application" means the application prescribed under section 101 of Pub.L.99-410 (42 U.S.C. s.1973ff(b)(2)).
j. "Federal write-in absentee ballot" means the ballot described under section 103 of Pub.L.99-410 (42 U.S.C. s.1973ff-2).
k. "Military service" means the active and reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States; the Merchant Marine; the commissioned corps of the Public Health Service or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or the National Guard or State militia.
(cf: P.L.2017, c.39, s.1)
2. This act shall take
effect immediately.
STATEMENT
Under current law, any citizen of the United States residing abroad who does not intend to return or whose intent to return is uncertain is permitted to vote in this State for federal elections only, using an overseas ballot. Such "overseas federal election voter" is permitted to vote if the voter (1) immediately prior to departure from the United States was domiciled in New Jersey and (a) was last registered to vote, or last eligible to register and vote, in New Jersey; or (b) would have been eligible to register and vote in New Jersey except that the citizen had not attained 18 years of age the requirement of which has since been met; or (c) would have been eligible to register and vote in New Jersey except that the citizen had not met the residency requirement; (2) is not registered or qualified to vote elsewhere in the United States; and (3) holds a valid passport or passport card or other proof of citizenship issued under authority of the Secretary of State of the United States.
This bill would permit any such citizen whose return to the State is uncertain to be classified as an "overseas voter" under current law, and thereby allow that person to register to vote and to apply for and vote by mail-in ballot in any election held in the election district of this State in which the voter was formerly domiciled. Elections include any federal, State, or local election, and any public question placed before the voters.
