Bill Text: NJ S1687 | 2012-2013 | Regular Session | Introduced


Bill Title: Establishes pilot project to permit overseas and military voters to vote in certain elections using Internet.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-21 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S1687 Detail]

Download: New_Jersey-2012-S1687-Introduced.html

SENATE, No. 1687

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED FEBRUARY 21, 2012

 


 

Sponsored by:

Senator  JEFF VAN DREW

District 1 (Atlantic, Cape May and Cumberland)

 

 

 

 

SYNOPSIS

     Establishes pilot project to permit overseas and military voters to vote in certain elections using Internet.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act establishing a pilot project to permit overseas and military voters to vote in certain elections using the Internet.

 

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

 

     1.    a.  The Secretary of State shall establish a pilot project to permit overseas voters to vote using the Internet.  The pilot project shall be for the primary election and general election occurring in the calendar year in which P.L.     , c.     (pending before the Legislature as this bill) takes effect.  As used in this act, the term "overseas voter" shall have the same meaning as the term is used in subsection d. of section 2 of P.L.1967, c.23 (C.19:59-2) and includes any person in military service who, by reason of active duty or service, is absent on the date of the election from the place of residence in New Jersey where the person is or would be qualified to vote.

     b.    The secretary shall:

     (1)   create an Internet-based voting system for the pilot project that: (a) uses such technology as may be available to ensure the security of the ballot being voted, the privacy of the voter casting the ballot and the integrity of the voting process for the elections at which Internet voting is to be available; and (b) employs to the extent possible any guidelines for an Internet voting pilot project that assists overseas voters that are proposed or promulgated by the United States Election Assistance Commission or any other agency of the federal government;

     (2)   consult with representatives of the clerks of the counties, the superintendents of elections and the county boards of election with the regard to the development and implementation of the pilot project;

     (3)   provide sufficient and accessible notice and information to the public and overseas voters with respect to the pilot project and the requirements for such voters to participate in the elections at which Internet voting is to be available; and

     (4)   promulgate such temporary rules and regulations as the secretary deems necessary to effectuate the purpose of this act.

     c.     The secretary shall submit to the Governor and the Legislature no later than the 120th day following the day of the general election at which the pilot project is operative a written report with recommendations as to whether:

     (1)   Internet voting for overseas voters should not be adopted at present; or

     (2)   the pilot project should be expanded and a further assessment of its feasibility should be conducted; or

     (3)   Internet voting for overseas voters should be adopted permanently by law.

     d.    Notwithstanding the provisions of this section to the contrary, in the event the Secretary of State determines in writing within 30 days after the effective date of this act that the pilot project should not become operational because of serious, fact-based concerns about the security and integrity of permitting overseas voters to vote using the Internet, the secretary shall so notify the President of the Senate, the Speaker of the General Assembly, the Minority Leader of the Senate and the Minority Leader of the General Assembly in the form of a written report, explaining the secretary's reason's for such concerns.  The Legislature shall review the report and the pilot project shall continue only if, within 45 days of the receipt of the secretary's report, both Houses pass a concurrent resolution affirming the security of the voting process and the validity of the pilot project.  In the absence of the passage of such a resolution following the receipt of the secretary's report, P.L.     , c.     (pending before the Legislature as this bill) shall be void and of no effect.

 

     2.    This act shall take effect immediately and be applicable to the primary and general elections occurring after the January 1 next following enactment and shall expire upon the submission of the report to the Governor and the Legislature pursuant to subsection c. of section 1 of this act.

 

 

STATEMENT

 

     This bill establishes a pilot project to permit overseas voters to vote in certain elections using the Internet.  The pilot project would be for the primary election and general election occurring after the January 1 following the bill's enactment.  As used in this bill, the term "overseas voter" has the same meaning as the term is used in N.J.S.A.19:59-2 and includes any person in military service who, by reason of active duty or service, is absent on the date of the election from the place of residence in New Jersey where the person is or would be qualified to vote.

     Specifically, the bill requires the Secretary of State to: 1) create an Internet-based voting system for the pilot project that: (a) uses such technology as may be available to ensure the security of the ballot being voted, the privacy of the voter casting the ballot and the integrity of the voting process for the elections at which Internet voting is to be available; and (b) employs to the extent possible any guidelines for an Internet voting pilot project that assists overseas voters that are proposed or promulgated by the U.S. Election Assistance Commission or any other agency of the federal government; 2) consult with representatives of the clerks of the counties, the superintendents of elections and the county boards of election with the regard to the development and implementation of the pilot project; 3) provide sufficient and accessible notice and information to the public and overseas voters with respect to the pilot project and the requirements for such voters to participate in the elections at which Internet voting is to be available; and 4) promulgate such temporary rules and regulations as the secretary deems necessary to effectuate the bill's purpose.

     The secretary must submit to the Governor and the Legislature no later than the 120th day following the day of the general election at which the pilot project is operative a written report with recommendations as to whether: 1) Internet voting for overseas voters should not be adopted at present; or 2) the pilot project should be expanded and a further assessment of its feasibility should be conducted; or 3) Internet voting for overseas voters should be adopted permanently by law.

     The bill provides that if the Secretary of State determines that the pilot project should not become operational because of serious, fact-based concerns about the security and integrity of permitting overseas voters to vote using the Internet, the secretary must so notify legislative leaders by issuing a written report explaining those concerns.  The Legislature then is to review the report and the pilot project would continue only if both Houses pass a concurrent resolution affirming the security of the voting process and the validity of the pilot project.

     The bill would take effect immediately upon enactment and be applicable to the primary and general election occurring after the January 1 next following enactment and shall expire upon the submission of the report to the Governor and Legislature required by this bill.

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