Bill Text: NJ S1257 | 2024-2025 | Regular Session | Introduced
Bill Title: Permits use of uniform ballot for emergency and provisional ballot purposes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-09 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S1257 Detail]
Download: New_Jersey-2024-S1257-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator JAMES BEACH
District 6 (Burlington and Camden)
SYNOPSIS
Permits use of uniform ballot for emergency and provisional ballot purposes.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning emergency ballots and provisional ballots and amending various parts of the statutory law and supplementing chapter 49 of Title 19 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) Notwithstanding the provisions of any law, rule, or regulation to the contrary concerning the printing of separate sets of ballots marked as emergency ballots or provisional ballots and their delivery to each polling place for use at each election district on the day of an election, a uniform ballot that satisfies all ballot content requirements may be used in any election at an election district as an emergency ballot as provided under P.L.1992, c.3 (C.19:53B-1 et al.) or as a provisional ballot as provided under P.L.1999, c.232 (C.19:53C-1 et al.), provided that all other respective materials, voting processes, and procedures for the use of emergency ballots and provisional ballots at an election district on the day of an election are met and complied with.
2. Section 3 of P.L.1940, c.197 (C.19:48-3.2) is amended to read as follows:
3. No ballots shall be prepared or used at any election in any election district under the provisions of this act other than such ballots as are required for use in voting machines, emergency ballots for use if a voting machine fails to operate, as provided in P.L.1992, c.3 (C.19:53B-1 et al.), and provisional ballots for use by certain voters who no longer reside at the place from which they are registered, as provided in P.L.1999, c.232 (C.19:53C-1 et al.). Nothing in this section shall be interpreted to prevent the preparation and use at any election in any election district of a uniform ballot for use as an emergency ballot or as a provisional ballot, as provided under section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.1999, c.232, s.4)
3. Section 11 of P.L.1944, c.7 (C.19:48-3.13) is amended to read as follows:
11. No ballots other than ballots required for use in voting machines, emergency ballots for use if a voting machine fails to operate, as provided in P.L.1992, c.3 (C.19:53B-1 et al.), and provisional ballots for use by certain voters who no longer reside at the place from which they are registered, as provided in P.L.1999, c. 232 (C.19:53C-1 et al.), shall be prepared or used at any election in any election district. Nothing in this section shall be interpreted
to prevent the preparation and use at any election in any election district of a uniform ballot for use as an emergency ballot or as a provisional ballot, as provided under section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.1999, c.232, s.5)
4. R.S.19:48-7 is amended to read as follows:
19:48-7. If any voting machine being used in any election district shall, during the time the polls are open, become damaged so as to render it inoperative in whole or in part, the election officers shall immediately give notice thereof to the county board of elections or the superintendent of elections or the municipal clerk, as the case may be, having custody of voting machines, and such county board of elections or such superintendent of elections or such municipal clerk, as the case may be, shall cause any person or persons employed or appointed pursuant to section 19:48-6 of this Title to substitute a machine in perfect working order for the damaged machine. At the close of the polls the records of both machines shall be taken and the votes shown on their counters shall be added together in ascertaining and determining the results of the election. During any period when a voting machine is inoperative, emergency ballots or uniform ballots to be used as emergency ballots as authorized under section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) made as nearly as possible in the form of the official ballot shall be used in accordance with the provisions of this amendatory and supplementary act, P.L.1992, c.3 (C.19:53B-1 et al.), received by the election officers and placed by them in an emergency ballot box as provided in this amendatory and supplementary act, P.L.1992, c.3 (C.19:53B-1 et al.), and shall be counted with the votes registered on the voting machines. The result shall be declared the same as though there had been no accident to the voting machine. The emergency ballots thus voted shall be preserved and returned with a statement setting forth how and why the same were voted. The original statement shall be filed with the county or municipal clerk, as the case may be; a copy of the statement shall be filed with the commissioner of registration; and an additional copy shall be placed in the emergency ballot box. The statement for use in all elections except primary elections shall be in the following form:
ELECTION STATEMENT FOR EMERGENCY PAPER BALLOTS VOTED
This statement must be completed by all election district board workers present when a voting machine malfunctions and emergency paper ballots are issued and voted. R.S.19:48-7.
This is to certify that voting machine no. ....... became inoperative at .......AM, ....... PM. We further certify that ....... emergency paper ballots were issued and voted during the time the voting machine assigned to Election District No. ....... in .................... (municipality) was inoperative. The last voting authority given out before the voting machine became inoperative was no. ........ This .................... day of .................... 2 ........
TO BE COMPLETED ONLY IF VOTING MACHINE IS REPLACED
Voting machine no. ....... was replaced by voting machine no........ at ....... AM, .......PM.
The next voting authority given out after the voting machine was replaced was no. ..........
TO BE COMPLETED WHEN VOTING MACHINE HAS BEEN REPAIRED AND IS READY TO RECEIVE VOTES
Voting machine no. ....... was repaired at ....... AM, .......PM.
The next voting authority given out after the voting machine was repaired was no. ..........
................................ .....................................
Signature of Judge Signature of Clerk
................................ .....................................
Signature of Inspector Signature of Clerk
................................ .....................................
Municipality Signature of Voting
Machine Technician
................................
Ward
................................
District
The statement for use in the primary election shall be in the following form:
PRIMARY ELECTION
STATEMENT FOR EMERGENCY PAPER BALLOTS VOTED
This statement must be completed by all election district board workers present when a voting machine malfunctions and emergency paper ballots are issued and voted. R.S.19:48-7.
This is to certify that voting machine no. ....... became inoperative at .......AM, ....... PM. We further certify that ....... emergency paper ballots were issued and voted during the time the voting machine assigned to Election District No. ....... in .................... (municipality) was inoperative. The last voting authorities given out before the voting machine became inoperative were REPUBLICAN NO. ........, DEMOCRATIC NO. ........
this .................... day of .................... 2 .......
TO BE COMPLETED ONLY IF VOTING MACHINE IS REPLACED
Voting machine no. ....... was replaced by voting machine no........ at ....... AM, .......PM.
The next voting authorities given out after the voting machine was replaced were REPUBLICAN NO......, DEMOCRATIC NO.......
TO BE COMPLETED WHEN VOTING MACHINE HAS BEEN REPAIRED AND IS READY TO RECEIVE VOTES
Voting machine no. ....... was repaired at ....... AM, .......PM.
The next voting authorities given out after the voting machine was repaired were REPUBLICAN NO. ........, DEMOCRATIC NO. ........
................................ .....................................
Signature of Judge Signature of Clerk
................................ .....................................
Signature of Inspector Signature of Clerk
................................ .....................................
Municipality Signature of Voting
Machine Technician
................................
Ward
................................
District
If a voting machine fails to operate on multiple occasions during a single election, a STATEMENT FOR EMERGENCY PAPER BALLOTS VOTED shall be completed on each occasion when the machine fails to operate.
(cf: P.L.2004, c.88, s.15)
5. Section 10 of P.L.1992, c.3 (C.19:53B-1) is amended to read as follows:
10. a. The county clerk or the municipal clerk, in the case of a municipal election, shall prepare an emergency ballot box packet which shall include the appropriate number of emergency ballots or uniform ballots to be used as emergency ballots as authorized under section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the appropriate number of pre-punched single-hole white envelopes, and two tally sheets, each with a carbon duplicate copy attached. The custodian of the voting machines shall prepare and place in each emergency ballot box an emergency ballot box packet and an envelope containing a numbered white seal and a numbered red seal. The envelope shall contain, on its face, the instructions for the use of the seals, the number and the election district location of the voting machine to which the ballot box is attached, and the identification numbers of the white and red seals that were placed in the envelope. The emergency ballot box shall be sealed with a numbered green security seal before being shipped to each election district as provided in R.S.19:48-6.
b. For the primary for the general election, the emergency ballots shall be printed on paper of a color that matches the color of the voting authority, which shall indicate the party primary of the voter. The emergency ballots shall be uniform in size, quality and type and of a thickness that the printing thereon cannot be distinguished from the back of the paper, and without any mark, device or figure on the front or back other than as provided in this amendatory and supplementary act, P.L.1992, c.3 (C.19:53B-1 et al.).
The clerk of the county or municipality having custody of the emergency ballots shall prepare each emergency ballot package with a minimum of 30 emergency ballots for each political party. If the clerk determines, based upon the number of registered voters with party affiliations, that an election district shall require more than 30 emergency ballots per party primary, additional emergency ballots shall be delivered to that election district.
c. For the general election the emergency ballots shall be printed on paper of the color of the voting authority. The emergency ballots shall be uniform in size, quality and type and of a thickness that the printing thereon cannot be distinguished from the back of the paper, and without any mark, device or figure on the front or back other than as provided in this amendatory and supplementary act.
The clerk of the county or municipality shall prepare each emergency ballot package with a minimum of 30 emergency ballots. If the clerk determines that an election district shall require more than 30 emergency ballots based on the number of registered voters, additional emergency ballots shall be delivered to that election district.
(cf: P.L.1992, c.3, s.10)
6. Section 11 of P.L.1992, c.3 (C.19:53B-2) is amended to read as follows:
11. a. The board shall not permit other emergency ballots to be used at an election except the emergency ballots which are provided for by this amendatory and supplementary act, P.L.1992, c.3 (C.19:53B-1 et al.) , or the uniform ballots to be used as emergency ballots as authorized under section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). It shall confine the distribution and use of the emergency ballots to the polling room and election district in the manner herein directed, and shall not distribute emergency ballots, other than official sample emergency ballots as herein provided, outside the polling place or election district.
b. The board shall not keep emergency ballots or pre-punched single-hole plain white envelopes to enclose emergency ballots cast during the election in a polling booth or, if a polling booth is unusable, in the area designated for voters to mark the emergency ballot.
c. The board shall cause each booth or voting area in a polling place to be kept provided with sufficient lead pencils to enable the voters to mark their emergency ballots.
d. The county board of elections shall prepare complete written instructions regarding the procedures for the use of the emergency ballot boxes for each district board member. The board members shall be orally instructed on the procedures for the use of emergency ballots at the training classes held for the board members.
(cf: P.L.1992, c.3, s.11)
7. Section 12 of P.L.1992, c.3 (C.19:53B-3) is amended to read as follows:
12. a. If for any cause a voting machine fails to operate, the district board shall use the supply of emergency ballots or uniform ballots to be used as emergency ballots as authorized under section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) that are on hand at the opening of the polls. The mode and manner of voting the emergency ballots shall in all respects conform as nearly as possible to the mode and manner of voting herein described.
b. If for any reason emergency ballots or uniform ballots to be used as emergency ballots as authorized under section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall not be ready or available for distribution at any polling place, or if the supply of emergency ballots or uniform ballots shall be exhausted before the polls are closed, the district board member in charge shall notify the appropriate authority that additional ballots shall be required.
(cf: P.L.1992, c.3, s.12)
8. Section 7 of P.L.1999, c.232 (C.19:53C-1) is amended to read as follows:
7. a. (1) The county clerk or the municipal clerk, in the case of a municipal election, shall arrange for the preparation of a provisional ballot packet for each election district. It shall include the appropriate number of provisional ballots or uniform ballots to be used as provisional ballots as authorized under section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the appropriate number of envelopes with an affirmation statement, the appropriate number of written notices to be distributed to voters who vote by provisional ballot and one provisional ballot inventory form affixed to the provisional ballot bag. The clerk shall arrange for the preparation of and placement in each provisional ballot bag of a provisional ballot packet and an envelope containing a numbered seal. The envelope shall contain, on its face, the instructions for the use of the seal, the number and the election district location of the provisional ballot bag, and the identification numbers of the seal placed in the envelope. Each provisional ballot bag shall be sealed with a numbered security seal before being forwarded to the appropriate election district.
(2) Each provisional ballot bag and the inventory of the contents of each such bag shall be delivered to the designated polling place no later than the opening of the polls on the day of an election.
b. The county clerk or the municipal clerk, in the case of a municipal election, shall arrange for the preparation of the envelope, affirmation statement, and written notice that is to accompany each provisional ballot. The envelope shall be of sufficient size to accommodate the provisional ballot, and the affirmation statement shall be affixed thereto in a manner that enables it to be detached once completed and verified by the county commissioner of registration. The statement shall require the voter to provide the voter's name, and to indicate whether the voter is registered to vote in a county but has moved within that county since registering to vote; or is registered to vote in the election district in which that polling place is located but the voter's registration information is missing or otherwise deficient; or indicate the voter has applied for a mail-in ballot and not received either the ballot or an explanation for not receiving such a ballot pursuant to notification by the county clerk or from the free-access system, or has applied for and received a mail-in ballot and has not transmitted it to the county board of elections or given it to a bearer for delivery to the county board before the time for the opening of the polls on the day of an election but wants, nevertheless, to vote in the election. The statement shall further require the voter to provide the voter's most recent prior voter registration address and address on the day of the election and date of birth. The statement shall include the statement: "I swear or affirm, that the foregoing statements made by me are true and correct and that I understand that any fraudulent voting may subject me to a fine of up to $15,000, imprisonment up to five years or both, pursuant to R.S.19:34-11." It shall be followed immediately by spaces for the voter's signature and printed name, and in the case of a name change, the voter's printed old and new name and a signature for each name, the date the statement was completed, political party affiliation, if used in a primary election, and the name of the person providing assistance to the voter, if applicable. Each statement shall also provide spaces for the voter's telephone number and email address, including language informing the voter that this contact information will be used to contact the voter concerning the acceptance or rejection of the ballot, and how the voter may cure a defect. A voter's telephone number and email address shall not be subject to public disclosure and shall not be considered a government record. Each statement shall also note the number of the election district, or ward, and name of the municipality at which the statement will be used. The Secretary of State shall prepare for inclusion in the affirmation statement language for the voter to submit the information required in the registration form described in section 16 of P.L.1974, c.30 (C.19:31-6.4) in order to enable the county commissioner of registration to process the statement as a voter registration application, which shall be valid for future elections if the individual who submitted the provisional ballot is determined not to be a registered voter. The Secretary of State shall also prepare and shall provide language for any written instructions necessary to assure proper completion of the statement.
The written notice shall contain information to be distributed to each voter who votes by provisional ballot. The notice shall state that, if the voter is a mail-in registrant voting for the first time in his or her current county of residence following registration and was given a provisional ballot because he or she did not provide required personal identification information, the voter shall be given until the close of business on the second day after the election to provide identification to the applicable county commissioner of registration, and the notice shall contain a telephone number at which the commissioner may be contacted. The notice shall further state that failure to provide the required personal identification information within that time period shall result in the rejection of the ballot. The notice shall state that pursuant to section 4 of P.L.2004, c.88 (C.19:61-4), any individual who casts a provisional ballot will be able to ascertain under a system established by the State whether the ballot was accepted for counting, and if the vote was not counted, the reason for the rejection of the ballot. The notice shall include instructions on how to access such information.
c. For the primary for the general election, the provisional ballots shall be printed in ink on paper of a color that matches the color of the voting authority, which shall indicate the party primary of the voter. The provisional ballots shall be uniform in size, quality and type and of a thickness that the printing thereon cannot be distinguished from the back of the paper, and without any mark, device or figure on the front or back other than as provided in P.L.1999, c.232 (C.19:53C-1 et seq.). Each such ballot shall include near the top thereof and in large type the designation PROVISIONAL BALLOT, except that each uniform ballot to be used as a provisional ballot as authorized under section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) need not include the PROVISIONAL BALLOT designation. In all other respects, the provisional ballots shall conform generally to the other ballots to be used in the election district for the primary election.
The clerk of the county or municipality shall arrange for the preparation of each provisional ballot package with an appropriate number of provisional ballots for each political party, a corresponding number of envelopes with affirmation statements, and a corresponding number of written notices. Additional provisional ballots, envelopes, and notices shall be available for delivery to that election district on the day of the election, if necessary.
d. For the general election the provisional ballots shall be printed in ink. The provisional ballots shall be uniform in size, quality and type and of a thickness that the printing thereon cannot be distinguished from the back of the paper, and without any mark, device or figure on the front or back other than as provided in this act. Each such ballot shall include near the top thereof and in large type the designation PROVISIONAL BALLOT, except that each uniform ballot to be used as a provisional ballot as authorized under section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) need not include the PROVISIONAL BALLOT designation. In all other respects, the provisional ballots shall conform generally to the other ballots to be used in the election district for the general election.
The clerk of the county or municipality shall arrange for the preparation of each provisional ballot package with an appropriate number of provisional ballots, a corresponding number of envelopes with affirmation statements, and a corresponding number of written notices. Additional provisional ballots, envelopes, and notices shall be available for delivery to that election district on the day of the election, if necessary.
e. For a school election the provisional ballots shall be printed in ink. The provisional ballots shall be uniform in size, quality and type and of a thickness that the printing thereon cannot be distinguished from the back of the paper, and without any mark, device or figure on the front or back other than as provided in this act. Each such ballot shall include near the top thereof and in large type the designation PROVISIONAL BALLOT, except that each uniform ballot to be used as a provisional ballot as authorized under section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) need not include the PROVISIONAL BALLOT designation. In all other respects, the provisional ballots shall conform generally to the other ballots to be used in the election district for the school election.
The clerk of the county shall arrange for the preparation of each provisional ballot package with an appropriate number of provisional ballots or uniform ballots to be used as provisional ballots as authorized under section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), a corresponding number of envelopes with affirmation statements, and a corresponding number of written notices. Additional provisional ballots, envelopes, and notices shall be available for delivery to that election district on the day of the election, if necessary.
f. Following the effective date of P.L.2004, c.88 (C.19:61-1 et al.), a provisional ballot that requires the voter to punch out a hole in the ballot as a means of recording the voter's vote shall not be used in any election in this State.
g. (Deleted by amendment, P.L.2011, c.134).
(cf: P.L.2020, c.70, s.7)
9. Section 8 of P.L.1999, c.232 (C.19:53C-2) is amended to read as follows:
8. a. The district board shall not permit other provisional ballots to be used at an election except those provisional ballots provided for by P.L.1999, c.232 (C.19:53C-1 et al.), or uniform ballots to be used as provisional ballots as authorized under section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). It shall confine the distribution and use of the provisional ballots to the polling place and election district in the manner herein directed, and shall not distribute provisional ballots outside the polling place or election district.
b. The board shall not store provisional ballots or envelopes with affirmation statements in a polling booth or in any other area designated for voters to mark the provisional ballot and complete the affirmation statement.
c. The board shall cause each booth or voting area in a polling place to be kept provided with sufficient pens or lead pencils to enable the voters to mark their provisional ballots and complete the affirmation statement.
d. The county board of elections shall arrange for the preparation of complete written instructions regarding the procedures for the use of the provisional ballot bags for each district board member. The board members shall be orally instructed on the procedures for the use of provisional ballots and affirmation statements at the training classes held for the board members.
(cf: P.L.1999, c.232, s.8)
10. This act shall take effect immediately.
STATEMENT
This bill permits the use of a uniform ballot for emergency ballot and provisional ballot purposes at an election district on the day of an election.
Under current law, only three types of ballots are permitted to be prepared or used at any election in any election district: ballots as are required for use in voting machines; emergency ballots for use if a voting machine fails to operate; and provisional ballots for use by certain voters who no longer reside at the place from which they are registered. This bill would allow a single, uniform ballot to be used as an emergency ballot or as a provisional ballot, eliminating the separate ballot printing requirements for those two types of ballots.
This bill does not change any other provisions of current law regarding the materials and procedures for the use of emergency ballots (when voting machines malfunction) or provisional ballots (when there is a problem with a voter's registration record). All of the same envelopes, affirmation statements, and voting procedures specific to emergency ballots and provisional ballots would continue to apply.
