Bill Text: NJ A4236 | 2014-2015 | Regular Session | Introduced

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Bill Title: Requires board of elections to count mail-in ballot of voter who dies prior to election if voter was otherwise qualified to vote.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-02-24 - Introduced, Referred to Assembly Judiciary Committee [A4236 Detail]

Download: New_Jersey-2014-A4236-Introduced.html

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ASSEMBLY, No. 4236

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED FEBRUARY 24, 2015

 

 

Sponsored by:

Assemblyman  RONALD S. DANCER

District 12 (Burlington, Middlesex, Monmouth and Ocean)

 

 

 

 

SYNOPSIS

     Requires board of elections to count mail-in ballot of voter who dies prior to election if voter was otherwise qualified to vote.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act concerning mail-in ballots of deceased voters and amending P.L.1964, c.134 and P.L.2009, c.79.

 

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

 

     1.    Section 27 of P.L.1964, c.134 (C.19:58-27) is amended to read as follows:

     27.  Whenever [it shall be made to appear by due proof to the county board that] a voter who has marked and forwarded a Presidential ballot as provided in this act has died, prior to the opening of the polls on the day of the election,  such ballot shall be [rejected] counted by the county board [and retained by the county board in the same manner as provided herein in cases of other rejected ballots] as a valid ballot if the voter otherwise would have been qualified to vote.

(cf: P.L.1964, c.134, s.27)

 

     2.    Section 21 of P.L.2009, c.79 (C.19:63-21) is amended to read as follows:

     21.  Whenever the county board receives [evidence that] a mail-in ballot from a voter who has [marked and forwarded a mail-in ballot has] died before the opening of the polls on the day of the election, the ballot shall be [rejected] counted by the board [and retained by it in the same manner as provided by this act for other rejected ballots] as a valid ballot if the voter otherwise would have been qualified to vote.

(cf: P.L.2009, c.79, s.21)

 

     3.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill requires that a mail-in ballot of a voter who has died subsequent to casting the ballot, but prior to an election, be counted if the voter otherwise would have been qualified to vote.  Presently, the mail-in ballot of a voter who has died subsequent to casting the ballot, but prior to an election, is rejected by the board of elections, if the board of elections receives evidence of the voter's death.