Bill Text: NJ A3543 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires ballot scanning machines to have privacy screen, shield, or curtain; requires use of privacy screens and shields at polling places.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-02-05 - Introduced, Referred to Assembly State and Local Government Committee [A3543 Detail]
Download: New_Jersey-2024-A3543-Introduced.html
Sponsored by:
Assemblywoman TENNILLE R. MCCOY
District 14 (Mercer and Middlesex)
Co-Sponsored by:
Assemblywoman Quijano
SYNOPSIS
Requires ballot scanning machines to have privacy screen, shield, or curtain; requires use of privacy screens and shields at polling places.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the privacy of the vote and amending various parts of the statutory law, and supplementing chapter 52 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) In all counties wherein ballot scanning machines are used to canvass hand-marked paper ballots, the ballot scanning machine shall contain a privacy screen, shield, or curtain so that privacy is maintained as the voter inserts the voted ballot into the ballot scanning machine.
2. R.S.19:8-7 is amended to read as follows:
19:8-7. The booths shall be sufficiently large to enable the voter to conveniently prepare [his] the voter's ballot as provided for and shall have swinging doors or privacy screens, shields, or curtains so that privacy is maintained as the voter prepares the voter's ballot in secret and screened from the observation of others.
The swinging doors or privacy screens, shields, or curtains shall be so arranged that some part of the person of the voters [standing] present in the booths may be seen from the outside thereof when the door or curtains are closed or when the voter is present behind the screens or shields.
Each booth shall contain a counter or shelf suitably placed to enable voters to place their ballots thereon while preparing the same for voting.
(cf: P.L.2022, c.67, s.3)
3. R.S.19:15-26 is amended to read as follows:
19:15-26. Every voter to whom a ballot is given shall thereupon retire into the polling booth. Each booth in a polling place shall be arranged in accordance with the provisions of R.S.19:8-7. Not more than one voter, except as hereinafter provided, shall be permitted to enter or be in the same booth, at one time. The voter shall prepare [his] the voter's ballot in the booth secretly and screened from the observation of others.
Any person or voter who shall violate the provisions of this section shall be deemed guilty of a disorderly persons offense.
(cf: P.L.2022, c.67, s.3)
4. Section 6 of P.L.1973, c.82 (C.19:53A-6) is amended to read as follows:
6. a. Prior to any election at which electronic voting devices are used the county board of elections shall have the voting devices prepared for the election and shall provide the district election officers with voting devices, voting booths, ballot boxes, ballot cards, "write-in" ballots and other records and supplies as required.
b. Ballot cards shall be of the size, design and stock suitable for processing by automatic data processing machines. Each ballot card shall have an attached numbered perforated stub, which shall be removed by an election officer before it is deposited in the ballot box. In primary elections the ballot cards of each political party shall be distinctly marked or shall be of a different color or tint so that the ballot cards of each political party are readily distinguishable.
c. Unless the voting device enables the voter to mark [his] the voter's choices in secret, the board of elections shall provide a sufficient number of voting booths for each [voting] election district in a polling place, which shall be of a size and design in accordance with the provisions of R.S.19:8-7 so as to enable the voter to mark [his] the voter's ballot in secret.
(cf: P.L.2022, c.67, s.8)
5. This act shall take effect immediately.
STATEMENT
This bill requires ballot scanning machines to have a privacy screen, shield, or curtain and requires the use of privacy screens and shields at polling places.
Currently, in Essex County, voters who vote in-person fill out a hand-marked paper ballot and insert the ballot into a ballot scanning machine to be counted. In Warren, Middlesex, Union, Gloucester, and Salem counties, voters who vote in-person vote on an electronic voting machine that electronically produces a paper ballot that the voter can verify and then cast. In the rest of the counties of this State, voters who vote in-person vote on voting machines that electronically record and cast the voter's vote.
Given the different types of voting machines across various counties, it is the sponsor's belief that no matter which county a voter casts their vote the voter should not lose the privacy and secrecy of the ballot that is sacred to voting.
