Bill Text: NJ S2379 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires State pay postage for voted ballots returned by mail.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-01-28 - Referred to Senate Budget and Appropriations Committee [S2379 Detail]
Download: New_Jersey-2012-S2379-Introduced.html
Sponsored by:
Senator NICHOLAS P. SCUTARI
District 22 (Middlesex, Somerset and Union)
Senator JIM WHELAN
District 2 (Atlantic)
SYNOPSIS
Requires State pay postage for voted ballots returned by mail.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning voted ballots that are returned by mail and amending P.L.1964, c.134, P.L.2005, c.148, and P.L.2009, c.79.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 22 of P.L.1964, c.134 (C.19:58-22) is amended to read as follows:
22. Said sealed outer envelope with the inner envelope and the ballot enclosed therein, shall then be mailed [with sufficient postage] to the county board of elections to which it is addressed[, or shall] with the postage prepaid, or it may be presented in person to the county board of elections at the office of said board.
(cf: P.L.1964, c.134, s. 22)
2. Section 8 of P.L.2005, c.148 (C.19:62-8) is amended to read as follows:
8. Prior to transmitting a ballot to the county board of elections, a registered voter shall mark it and place it in the inner envelope. The inner envelope shall then be placed in the outer envelope and that envelope shall be signed and certified by the voter pursuant to instructions provided with the ballot. The voter may return the envelopes containing the marked ballot to the county board by United States mail or by depositing it at the office of the county board or any other place of deposit designated for that purpose. [If the voter returns the ballot by United States mail, the voter shall provide the postage.] Each outer envelope shall be a postage prepaid return envelope.
(cf: P.L.2005, c.148, s.8)
3. Section 12 of P.L.2009, c.79 (C.19:63-12) is amended to read as follows:
12. Each county clerk shall send, with each mail-in ballot, printed directions for the preparation and transmitting of the ballots as required by this act. The directions shall be printed in such manner and form as the Secretary of State shall require, together with two envelopes of such sizes that one will contain the other.
The outer envelope shall be addressed to the county board of elections of the county in which is located the home address of the person to whom the mail-in ballot is sent, as certified by the county clerk. [At the discretion of the county clerk, the] The outer envelope [may] shall be a postage [paid] prepaid return envelope. On the outside and front of each outer envelope, there shall be printed or stamped the following:
To protect your vote:
IT IS AGAINST THE LAW FOR ANYONE EXCEPT YOU THE VOTER TO MAIL OR TRANSPORT THIS BALLOT UNLESS THE ENVELOPE IS SEALED AND THE FOLLOWING IS COMPLETED:
Ballot mailed or transported by
(signature of bearer)
(print name of bearer)
(address of bearer)
The reserve side of the outer envelope shall contain the following:
REMINDER
For your vote to count, you must:
1) Vote your ballot and place it in the inner envelope with the attached certificate.
2) Seal the envelope.
3) Place the envelope into the larger envelope addressed to the board of elections and seal that envelope.
4) If another person will be mailing your ballot or bringing it to the board of elections, MAKE CERTAIN THAT PERSON COMPLETES THE "BEARER PORTION" ON THE ENVELOPE ADDRESSED TO THE BOARD OF ELECTIONS BEFORE THE BALLOT IS TAKEN FROM YOU. NO PERSON WHO IS A CANDIDATE IN THE ELECTION FOR WHICH THE VOTER REQUESTS THIS BALLOT IS PERMITTED TO SERVE AS A BEARER.
The Secretary of State is authorized to make such changes to the instructions for mail-in ballot materials as the Secretary of State deems necessary or as is mandated by federal or State law.
The inner envelope shall be so designed that it can be sealed after the mail-in ballot has been placed therein and the flap thereof shall be of such length and size as to leave sufficient margin, after sealing, for the printing thereon of the certificate hereinafter described. The flap shall be so arranged that, after the inner envelope has been sealed, the certificate can be contained, with the inner envelope, in the outer envelope, and that the margin containing the certificate can be detached without unsealing the inner envelope.
On the outside of each envelope in which a mail-in ballot is sent to a mail-in voter by the clerk, there shall be printed or stamped the words "Official Mail-In Ballot." In addition, there shall be printed or stamped the following:
To protect your vote:
IT IS AGAINST THE LAW FOR ANYONE EXCEPT YOU THE VOTER TO OPEN, MARK, INSPECT OR SEAL THIS BALLOT.
However, a family member may assist you in doing so.
The reverse side of each inner envelope shall contain the following statement:
A PERSON MAY BE FINED AND IMPRISONED AND MAY ALSO LOSE THE RIGHT TO VOTE UNTIL RESTORED BY LAW if that person attempts to vote fraudulently by mail-in ballot, prevents the voting of a legal voter, certifies falsely any information, interferes with a person's secrecy of voting, tampers with ballots or election documents or helps another person to do so.
(cf: P.L.2009, c.79, s.12)
4. (New section) In compliance with the provisions of Article VIII, Section II, paragraph 5 of the New Jersey Constitution, upon application for reimbursement by a county governing body or a municipal governing body, as may be appropriate, to the Secretary of State and approval of the application by the Director of the Division of Budget and Accounting in the Department of the Treasury, a county or municipality shall be reimbursed by the State for any additional costs incurred by the county or municipality as a result of providing postage for voted ballots that are returned by mail, pursuant to the provisions of this act, P.L. , c. (pending before the Legislature as this bill).
5. This act shall take effect on January 1 next following the date of enactment.
STATEMENT
The purpose of this bill is to require that the State pay for the postage for voted ballots that are returned by mail as part of an election.
Under current law, the mail is the primary means by which mail-in voting ballots, presidential election ballots, and ballots used in small municipalities that hold elections by mail, are returned to a county board of elections. Such ballots require the voter to pay the postage to return the voted ballot or give the county clerk the discretion as to whether postage on the ballot is prepaid.
Under the bill, the voted ballots used for these types of voting would require the balloting materials to include a prepaid return envelope for return to the county board and the county or municipality, as appropriate, would be reimbursed by the State upon application to the Director of the Division of Budget and Accounting in the Department of the Treasury, for the cost of the postage for the voted ballots.
