Bill Text: NJ A5338 | 2022-2023 | Regular Session | Amended
Bill Title: Requires voting machines to be recertified annually and after software modifications.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2023-12-18 - Reported out of Assembly Comm. with Amendments, 2nd Reading [A5338 Detail]
Download: New_Jersey-2022-A5338-Amended.html
Sponsored by:
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Assemblywoman BRITNEE N. TIMBERLAKE
District 34 (Essex and Passaic)
Co-Sponsored by:
Assemblywoman McKnight
SYNOPSIS
Requires voting machines to be recertified annually and after software modifications.
CURRENT VERSION OF TEXT
As reported by the Assembly State and Local Government Committee on December 18, 2023, with amendments.
An Act concerning voting machine recertification and amending R.S.19:48-2.
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. a. 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. 1[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.]1 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.
b. The Secretary of State shall annually examine and recertify all voting machines in use in this State, and shall also conduct that examination and recertification each time a modification is made to the voting machine's software. As part of the examination and recertification required by this subsection, the Secretary of State shall develop a test and check list to ascertain that each voting machine is operating properly and accurately recording and tabulating all votes cast, which shall be administered prior to the use of each voting machine at each election.
(cf: P.L.1953, c.19, s.58)
2. This act shall take effect on the 90th day after the date of enactment.
