Bill Text: NJ S3816 | 2024-2025 | Regular Session | Introduced
Bill Title: Ensures boards of elections have discretion to make initial determination of validity of cast ballots.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-10-24 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S3816 Detail]
Download: New_Jersey-2024-S3816-Introduced.html
Sponsored by:
Senator VIN GOPAL
District 11 (Monmouth)
SYNOPSIS
Ensures boards of elections have discretion to make initial determination of validity of cast ballots.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the counting of cast ballots by boards of elections and amending R.S.19:16-3 and R.S.19:16-4.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.19:16-3 is amended to read as follows:
19:16-3. [In] Notwithstanding the provisions of any other law to the contrary, when canvassing the ballots the district board shall count the votes as follows:
a. If proper marks are made in the squares to the left of the names of any candidates in any column and the total number voted for, for each office, does not exceed the number of candidates to be elected to each office, a vote shall be counted for each candidate so marked.
b. If proper marks are made in the squares to the left of any names of any candidates in any column and in addition thereto, proper marks are made to the right of said names, a vote shall be counted for each candidate so marked; but if the district board canvassing the ballots or the county board, judge of the Superior Court or other judge or officer conducting a recount thereof, shall be satisfied that the placing of such marks to the left and right of the names was intended to identify or distinguish the ballot, then the ballot shall not be counted and shall be declared null and void. The district board canvassing the ballots or the county board, as the case may be, shall exercise its discretion and judgment in making a determination as to whether the marks on a ballot were intended to identify or distinguish the ballot.
c. If no marks are made in the squares to the left of the names of any candidates in any column, but are made to the right of said names, a vote shall not be counted for the candidates so marked, but if the district board canvassing the ballot or the county board, as the case may be, determines, in its judgment, that the voter's intention of making the mark was to vote for the candidate whose name the mark appears to the right of, the vote shall be counted. A vote shall be counted for such other candidates as are properly marked [; but if] . If the district board canvassing the ballot or the county board, judge of the Superior Court or other judge or officer conducting a recount thereof, shall be satisfied that the placing of the marks to the right of the names was intended to identify or distinguish the ballot, the ballot shall be declared null and void. The district board canvassing the ballots or the county board, as the case may be, shall exercise its discretion and judgment in making a determination as to whether the placement of the marks on a ballot were intended to vote for a candidate for election on the ballot, or to identify or distinguish the ballot.
d. Where the name of any person is written or pasted in the column designated personal choice, and a cross x , plus + or check X appears in the square to the left of the name, it shall be counted as a vote for such person.
e. In the case of any public question printed on the ballot where a proper mark is made in the square to the left of the word "Yes," it shall be counted as a vote in favor of such public question. If a proper mark is made in the square to the left of the word "No," it shall be counted as a vote against same. If no mark is made in the square to the left of either the word "Yes," or "No," it shall not be counted as a vote either in favor of or against said public question. If a mark is made in each of the squares to the left of both the words "Yes" and "No," it shall not be counted either as a vote in favor of or against the public question nor shall it invalidate the ballot.
f. If a voter marks more names than there are persons to be elected to an office, or writes or pastes the name of any person in the column designated personal choice, whose name is printed upon the ballot as a candidate under the same title of office, or his choice cannot be determined, his ballot shall not be counted for that office, but shall be counted for such other offices as are plainly marked.
g. If the mark made for any candidate or public question is substantially a cross x , plus + or check X and is substantially within the square, it shall be counted for the candidate or for or against the public question, as the case may be. No vote shall be counted for any candidate in any column or for or against any public question unless the mark made is substantially a cross x , plus + or check X and is substantially within the square. Notwithstanding the provisions of this subsection, if, in the judgment of the district board canvassing the ballots or the county board, as the case may be, the voter's intent in making the mark was to vote for any candidate or public question, it shall be counted for the candidate or for or against the public question, as the case may be. The district board canvassing the ballots or the county board, as the case may be, shall exercise its discretion and judgment in making a determination as to whether a vote shall be counted pursuant to this subsection, irrespective of the type of mark or its location on the ballot.
(cf: P.L.1953, c.19, s.17)
2. R.S.19:16-4 is amended to read as follows:
19:16-4. [In] Notwithstanding the provisions of any other law to the contrary, when counting the ballots [the] :
a. The board shall deem null and void all ballots which are wholly blank, or on which more names have been marked for every office than there are persons to be elected to such office, and on which both "Yes" and "No" have been marked upon every public question. All ballots still remaining in the ballot box after ballots equal in number to the number of names of voters in the registry binders who have voted at such election inclusive of void ballots, have been counted shall be deemed null and void.
b. No ballot which shall have, either on its face or back, any mark, sign, erasure, designation or device whatsoever, other than is permitted by this Title, by which such ballot can be distinguished from another ballot, shall be declared null and void, unless the district board canvassing such ballots, or the county board, judge of the Superior Court or other judge or officer conducting the recount thereof, shall be satisfied that the placing of the mark, sign, erasure, designation or device upon the ballot was intended to identify or distinguish the ballot. The district board canvassing the ballots or the county board, as the case may be, shall exercise its discretion and judgment in making a determination as to whether any unauthorized mark, sign, erasure, designation or device on a ballot was intended to identify or distinguish the ballot.
c. No ballot shall be declared invalid by reason of the fact that the mark made with ink or the mark made with lead pencil appears other than black.
d. No ballot cast for any candidate shall be invalid by reason of the fact that the name of such candidate may be misprinted, or his Christian name or his initials may be omitted.
e. No ballot cast for any candidate shall be invalid by reason of the use of any paster permitted by this Title on which the title of office may be printed or the name of such candidate may be misprinted or part of his Christian or surname or initials may be omitted, or because the voter in writing the name of such candidate may misspell the same or omit part of his Christian name or surname or initials.
f. No ballot shall be declared null and void or invalid, by reason of having a cross x , plus + or check X appearing in a square at the left of a blank space, or a space wherein no name is printed.
(cf: P.L.1953, c.19, s.18)
3. This act shall take effect immediately.
STATEMENT
Under current law, ballots cast in an election are canvassed and counted by the district boards of elections, or the county boards of elections with respect to mail-in ballots. After a determination is made by the board of elections counting the ballots, a challenge, recount, or dispute concerning whether certain ballots should be counted may then result in a judge of the Superior Court or other official making a determination. These officials are tasked with assessing the validity of cast ballots under various circumstances.
This bill ensures that the initial determination of the validity of a ballot is made by the district board canvassing the ballot or the county board of elections, as the case may be. This bill provides that, upon reviewing any mark, sign, erasure, designation or device made on the ballot, the board will have the discretion to determine whether such mark, sign, erasure, designation or device was intended to identify or distinguish the ballot, and thereby should constitute a cause for the ballot to be rejected. The bill also provides that the board will have the discretion to determine whether any marks made next to the name of a particular candidate for election were intended to cast a vote for that candidate, whether or not the mark falls within or touches upon the designated space for such mark on the ballot.
Per current law, when a dispute over the ballot reaches a judge of the Superior Court or another official, the judge or the other official will have the same discretion to determine whether the cast ballot is valid.
