Bill Text: NJ A2521 | 2012-2013 | Regular Session | Introduced
Bill Title: Prohibits disqualification and replacement of cast absentee ballots because of withdrawal of candidate prior to election day.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-02-21 - Introduced, Referred to Assembly State Government Committee [A2521 Detail]
Download: New_Jersey-2012-A2521-Introduced.html
Sponsored by:
Assemblyman VINCENT PRIETO
District 32 (Bergen and Hudson)
Assemblywoman ANGELICA M. JIMENEZ
District 32 (Bergen and Hudson)
SYNOPSIS
Prohibits disqualification and replacement of cast absentee ballots because of withdrawal of candidate prior to election day.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the validity and replacement of certain absentee ballots and amending P.L.1953, c.211.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 27 of P.L.1953, c.211 (C.19:57-27) is amended to read as follows:
27. a. No absentee ballot shall be rejected or declared invalid because it does not contain all of the names of the candidates or all of the public questions to be voted for or upon in the election district in the election in which it is to be counted, and any absentee ballot shall be counted in determining the result of said election as to any office or public question, if the designation of the office and the name of the candidate for election to said office or the answer to such public question are written thereon so as to indicate the voter's choice, and notwithstanding that such designation, name or question may be or should have been printed or such choice indicated upon such military service ballot in the regular manner.
b. No absentee ballot received from an absentee voter for any election shall be rejected or declared invalid and replaced because of the withdrawal of any candidate occurring after the ballot is received from the voter prior to the date of the election in which the ballot is to be counted.
(cf: P.L.2009, c.190)
2. This act shall take effect immediately.
STATEMENT
This bill prohibits the invalidation and replacement of absentee ballots voted and returned to election officials by civilian and military absentee voters in any election because of the withdrawal of any candidate on the ballot. The prohibition would apply if a candidate withdraws from a race after an absentee voter has cast a ballot for that candidate but prior to the day of the election in which the ballot is to be counted.
This bill is intended to maintain fairness in the elections process. Allowing some voters to re-cast their ballots due to a candidate's withdrawal would be unfair to voters who reside overseas and who cast military absentee ballots, as these voters may not have the opportunity to re-cast their ballots in time for an election.
