New Jersey-2024-A412-Introduced

An Act concerning the eligibility of voting machine or voting system for approval in this State and amending R.S.19:48-2 and P.L.1973, c.82.

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

1. R.S.19:48-2 is amended to read as follows:

19:48-2. Any person or corporation owning or being interested in any voting machine may apply to the Secretary of State to examine such machine. Before the examination the applicant shall pay to the Secretary of State an examination fee of four hundred fifty dollars ($450.00). The Secretary of State within a period of thirty days shall examine the machine and shall make and file in the office of the Secretary of State his report of the examination, which report shall state whether in his opinion the kind of machine so examined can be safely used by the voters at elections under the conditions prescribed in this subtitle. If the report states the machine can be so used, it shall be deemed approved, and machines of its kind may be adopted for use at elections as herein provided.

Before making such report the Secretary of State shall require the voting machine to be examined by three examiners to be appointed for such purpose by him, one of whom shall be an expert in patent law and the other two mechanical experts, and shall require of them a written report on such machine, which the Secretary of State shall attach to his own report on the machine. Each examiner shall receive one hundred fifty dollars ($150.00) for his compensation and expenses in making an examination and report as to each voting machine examined by him from and out of the examination fee of four hundred fifty dollars ($450.00). Neither the Secretary of State nor any examiner shall have any pecuniary interest in any voting machine. When the machine has been so approved, any improvement or change that does not impair its accuracy, efficiency, or capacity, shall not render necessary a re-examination or reapproval thereof. Any form of voting machine not so approved cannot be used at any election.

The certificate of approval, or a certified copy thereof, shall be conclusive evidence that the kind of machine so examined complies with the provisions of this subtitle, except that the action of the Secretary of State in approving such machine may be reviewed by the Superior Court in a proceeding in lieu of prerogative writ.

Notwithstanding any provision of Title 19 of the Revised Statutes or any other law, rule, or regulation to the contrary, the Secretary of State shall not approve any voting machine or voting system for use in this State if the voting machine or voting system vendor is a foreign company, or if the vendor is a domestic company that exports the voting machine or voting system technology to a foreign country, or if any of the company's major shareholders are foreign nationals who are not United States citizens, or if any member of the company's board also serves on the board of a competing company. A qualifying voting machine or voting system vendor shall be located in the United States. Any request for proposal or bid for the purchase, lease, servicing, or use of a voting machine or voting system shall include a thorough vetting of the vendor for compliance with the provisions of this act, P.L. , c. (pending before the Legislature as this bill), and each vendor awarded a contract or agreement shall be subject to a compliance review each year prior to the conduct of the primary election. Nothing in this act, shall be interpreted to prevent any purchase, lease, servicing, or use of any voting machine or voting system approved by the Secretary of State before the effective date of this act for the duration of an existing contract or agreement with a vendor, and the provisions of this act shall apply prospectively upon the expiration of an existing contract or agreement.

(cf: P.L.1953, c.19, s.58)

2. Section 4 of P.L.1973, c.82 (C.19:53A-4) is amended to read as follows:

4. No voting device shall be used in an election in this State unless in combination with automatic tabulating equipment used to count and tabulate ballots it meets the requirements in section 3 of this act, and has been approved by the Secretary of State, or other person, agency or board charged with the examination and approval of voting machines. When such device has been approved, any improvement or change which does not impair its accuracy, efficiency, or ability to meet such requirements shall not require a reexamination or reapproval thereof.

(cf: P.L.1973, c.82, s.4)

3. This act shall take effect immediately.

STATEMENT

Under current law, the Secretary of State is responsible for approving any voting machine or voting system prior to their use in elections in this State to ensure such equipment meets established security, accuracy, functionality, and other performance standards. This bill would prohibit the Secretary of State from approving any voting machine or voting system if the voting machine or voting system vendor is a foreign company, or if the vendor is a domestic company that exports the voting machine or voting system technology to a foreign country, or if any of the company's major shareholders are foreign nationals who are not United States citizens, or if any member of the company's board also serves on the board of a competing company. The bill requires a qualifying voting machine or voting system vendor to be located in the United States. Under the bill, any request for proposal or bid for the purchase, lease, servicing, or use of a voting machine or voting system would be required to include a thorough vetting of the vendor for compliance with the provisions of the bill, and each vendor awarded a contract or agreement would be subject to a compliance review each year prior to the conduct of the primary election. However, the bill would not prevent any purchase, lease, servicing, or use of any voting machine or voting system approved by the Secretary of State before its effective date for the duration of an existing contract or agreement with a vendor, and its provisions would apply prospectively upon the expiration of an existing contract or agreement.