Bill Text: NJ A3964 | 2024-2025 | Regular Session | Introduced
Bill Title: Allows voter to vote in any political party primary by changing party affiliation at polling place on primary election day; allows mail-in voter to complete any political primary ballot.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-03-04 - Introduced, Referred to Assembly State and Local Government Committee [A3964 Detail]
Download: New_Jersey-2024-A3964-Introduced.html
Sponsored by:
Assemblyman GABRIEL RODRIGUEZ
District 33 (Hudson)
SYNOPSIS
Allows voter to vote in any political party primary by changing party affiliation at polling place on primary election day; allows mail-in voter to complete any political party primary ballot.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning a voter's political party affiliation and ability to vote in another party's primary election for the general election and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.19:23-45 is amended to read as follows:
19:23-45. a. No voter shall be allowed to vote at the primary election unless his name appears in the signature copy register.
b. (1) A voter who votes in a primary election of a political party or who signs and files with the municipal clerk or the county commissioner of registration a declaration that the voter desires to vote in the primary election of a political party, or who indicates on a voter registration form the voter's choice of political party affiliation and submits the form to the commissioner of registration of the county wherein the voter resides, to the employees or agents of a public agency, as defined in subsection a. of section 15 of P.L.1974, c.30 (C.19:31-6.3), or a voter registration agency, as defined in subsection a. of section 26 of P.L.1994, c.182 (C.19:31-6.11), or to the Secretary of State, either on a paper form or an electronic form using the online voter registration system established under section 1 of P.L.2019, c.382 (C.19:31-6.4c), shall be deemed to be a member of that party until the voter signs and files with the municipal clerk or the commissioner of registration, or in person at the polling place on the day of the primary election, a declaration that the voter desires to vote in the primary election of another political party at which time the voter shall be deemed to be a member of such other political party. The Secretary of State shall cause to be prepared political party affiliation declaration forms and shall provide such forms to the commissioners of registration of the several counties [and], to the clerks of the municipalities within such counties, and to the county boards of elections of the several counties for use by voters who vote in person at the polling place on the day of the primary election.
(2) A voter who votes by mail-in ballot in a primary election shall be entitled to vote in a primary election of a political party other than the party of the voter's affiliation and, upon completion and return of that other party's ballot, the voter shall be deemed to be a member of that other political party.
(3) No voter, except a newly registered voter at the first primary at which the voter is eligible to vote, or a voter who has not previously voted in a primary election, may vote in a primary election of a political party unless the voter [was] is deemed to be a member of that party [on the 55th day next preceding such primary election].
c. Notwithstanding the provisions of this section, or any law, rule, or regulation to the contrary, a voter who is listed to receive mail-in ballots for all future elections, pursuant to the provisions of section 3 of P.L.2009, c.79 (C.19:63-3) or section 14 of P.L.2018, c.72 (C.19:63-3.1), and who is not affiliated with any political party, shall not receive a mail-in ballot for a primary election. Such unaffiliated mail-in voters shall receive a political party affiliation declaration form and information concerning how to affiliate with a political party and how to vote in person at a polling place on the day of a primary election. The Secretary of State shall cause to be prepared uniform language for such notifications. The commissioners of registration and the county clerks of the several counties and the clerks of the municipalities within such counties shall distribute such forms and information to such registered voters.
d. A member of the county committee of a political party and a public official or public employee holding any office or public employment to which the person has been elected or appointed as a member of a political party shall be deemed a member of such political party.
e. A voter may declare the voter's party affiliation or change the voter's party affiliation, or declare that the voter is unaffiliated with any party regardless of any previously declared party affiliation, by so indicating on a political party declaration form filed with the municipal clerk or the county commissioner of registration. A voter may also indicate that the voter wishes to declare a political party affiliation or that the voter does not want to declare a political party affiliation on a voter registration form filed at the time of initial registration. Any voter voting in person at the polling place on the day of the primary election may declare a desire to vote, and shall be permitted to vote, in the primary election of another political party by signing and filing a political party affiliation declaration form at the polling place. Any voter voting by mail-in ballot in a primary election may vote in a primary election of a political party other than the party of the voter's affiliation and, upon completion and return of that other party's ballot, the voter shall be deemed to be a member of that other political party. A voter may declare the voter's party affiliation, or make changes to that affiliation, either on a paper form or an electronic form using the online voter registration system established under section 1 of P.L.2019, c.382 (C.19:31-6.4c).
f. Any person voting in the primary ballot box of any political party in any primary election in contravention of the election law shall be guilty of a disorderly persons offense, and any person who aids or assists any such person in such violation by means of public proclamation or order, or by means of any public or private direction or suggestions, or by means of any help or assistance or cooperation, shall likewise be guilty of a disorderly persons offense.
(cf: P.L.2022, c.69, s.1)
2. Section 2 of P.L.1976, c.16 (C.19:23-45.1) is amended to read as follows:
2. a. The county commissioner of registration in each of the several counties shall cause a notice to be published in each municipality of their respective counties in a newspaper or newspapers circulating therein. The notice to be so published shall be published once during each of the two calendar weeks next preceding the week in which [the 55th day next preceding] the primary election of a political party occurs.
b. (1) The notice required to be published by the preceding paragraph shall inform the reader thereof that:
(a) no voter, except a newly registered voter at the first primary at which the voter is eligible to vote, or a voter who has not previously voted in a primary election may vote in a primary election of a political party unless the voter [was] is deemed to be a member of that party [on the 55th day next preceding such primary election];
(b) a voter who is listed to receive mail-in ballots for all future elections, pursuant to the provisions of section 3 of P.L.2009, c.79 (C.19:63-3) or section 14 of P.L.2018, c.72 (C.19:63-3.1), and who is not affiliated with any political party shall not receive a mail-in ballot for a primary election. Such unaffiliated mail-in voters shall receive a political party affiliation declaration form and information concerning how to affiliate with a political party and how to vote in person at a polling place on the day of a primary election; and
(c) a voter who votes in the primary election of a political party, or who signs and files with the municipal clerk or the county commissioner of registration, or in person at the polling place on the day of the primary election, a declaration that the voter desires to vote in the primary election of a political party, or who indicates on a voter registration form the voter's choice of political party affiliation and submits the form to the commissioner of registration of the county wherein the voter resides, to the employees or agents of a public agency, as defined in subsection a. of section 15 of P.L.1974, c.30 (C.19:31-6.3), or a voter registration agency, as defined in subsection a. of section 26 of P.L.1994, c.182 (C.19:31-6.11) or to the Secretary of State, either on a paper form or an electronic form using the online voter registration system established under section 1 of P.L.2019, c.382 (C.19:31-6.4c), shall be deemed to be a member of that party until the voter signs and files with the municipal clerk or the commissioner of registration a declaration that the voter desires to vote in the primary election of another political party, at which time the voter shall be deemed to be a member of such other political party, or that the voter chooses not to be affiliated with any political party.
(2) The notice shall also state the time and location where a person may obtain political party affiliation declaration forms or voter registration forms, including a registered voter's ability to complete a political party affiliation declaration form before voting in person at the polling place on the day of the primary election. The notice shall also inform the reader that a voter who votes by mail-in ballot in a primary election shall be entitled to vote in a primary election of a political party other than the party of the voter's affiliation and, upon completion and return of that other party's ballot, the voter shall be deemed to be a member of that other political party.
(cf: P.L.2022, c.69, s.2)
3. R.S.19:23-46 is amended to read as follows:
19:23-46. Each voter offering to vote shall announce his name and the party primary in which he wishes to vote. The district board shall thereupon ascertain by reference to the signature copy register or the primary election registry book required by this title and, in municipalities not having permanent registration, if necessary by reference to the primary party poll books of the preceding primary election for the general election, that such voter is registered as required by this title and also that he is not ineligible or otherwise disqualified by the provisions of section 19:23-45 of this title; in which event he shall be allowed to vote. A voter who wishes to vote in the party primary of a political party other than the party of the voter's affiliation shall be permitted to vote in that other party's primary after completing a political party affiliation declaration form at the polling place, at which time the voter shall be deemed to be a member of that other political party.
(cf: P.L.2011, c.134, s.29)
4. Section 16 of P.L.1974, c.30 (C.19:31-6.4) is amended to read as follows:
16. a. The Secretary of State shall cause to be prepared and shall provide to each county commissioner of registration forms of size and weight suitable for mailing, which shall require the information required by R.S.19:31-3 in substantially the following form:
VOTER REGISTRATION APPLICATION
Print clearly in ink. Use ballpoint pen or marker.
(1) This form is being used as:
[ ] New registration
[ ] Address change
[ ] Name change
(2) Name:.....................................................
...............Last First Middle
(3) Are you a citizen of the United States of America? []Yes []No
(4) Will you be 18 years of age on or before election day? []Yes [] No
If you checked 'No' in response to either of these questions, do not complete this form.
(5) Street Address where you live:
.........................................................
Street Address Apt. No.
.........................................................
(6) City or Town County Zip Code
(7) Address Where You Receive Your Mail (if different from above):
............................................................
(8) Date of Birth:
......................................................
Month Day Year
(9) (a) Telephone Number (optional)......................
(b) E-Mail Address (optional).....................
(10) Name and address of Your Last Voter Registration
............................................................
............................................................
............................................................
(11) If you are registering by mail to vote and will be voting for the first time in your current county of residence, please provide one of the following:
(a) your New Jersey driver's license number:................................
(b) the last four digits of your Social Security Number....................
OR submit with this form a copy of any one of the following documents: a current and valid photo identification card; a current utility bill, bank statement, government check, pay check or any other government or other identifying document that shows your name and current address. If you do not provide either your New Jersey driver's license number or the last four digits of your Social Security Number, or enclose a copy of one of the documents listed above, you will be asked for identification when voting for the first time, unless you are exempt from doing so under federal or State law.
(12) Do you wish to declare a political party affiliation? (Optional):
[] YES. Name of Party:
[] NO. I do not wish to declare a political party affiliation at this time.
(13) [] I wish to receive a
Mail-in Ballot for all future elections, until I request otherwise in writing.
(14) Declaration - I swear or affirm that:
I am a U.S. citizen.
I live at the above address.
I will be at least 18 years old on or before the day of the next election.
I am not serving a sentence of incarceration due to a conviction for an indictable offense under any federal or State laws.
I UNDERSTAND THAT ANY FALSE OR FRAUDULENT REGISTRATION MAY SUBJECT ME TO A FINE OF UP TO $15,000, IMPRISONMENT UP TO FIVE YEARS, OR BOTH PURSUANT TO R.S.19:34-1.
...........................................................
Signature or mark of the registrant Date
(15) If applicant is unable to complete this form, print the name and address of individual who completed this form.
...................................................
Name
...................................................
Address
In addition, the form may include notice to the applicant of information and options relating to the registration and voting process, including but not limited to notice of qualifications required of a registered voter; notice of the final day by which a person must be registered to be eligible to vote in an election; notice of the effect of a failure to provide required identification information; a place at which the applicant may indicate availability for service as a member of the district board of elections; a place at which the applicant may indicate whether he or she requires a polling place which is accessible to individuals with disabilities and the elderly or whether he or she is legally blind; a place at which the applicant may indicate a desire to receive additional information concerning voting by mail; and if the application indicates a political party affiliation, the voter is permitted to vote in the primary election of a political party other than the political party in which the voter was affiliated previously [only if the] by filing a voter registration form with the change of political party affiliation [is filed prior to the 50th day next] or a political party affiliation declaration form preceding the primary election, or by filing a political party affiliation declaration form at the polling place on the day of the primary election or, if voting by mail-in ballot, completing a primary election mail-in ballot in the party primary of that other political party. The form may also include a space for the voter registration agency to record whether the applicant registered in person, by mail or by other means.
b. The reverse side of the registration form shall bear the address of the Secretary of State or the commissioner of registration to whom such form is supplied, and a United States postal permit the charges upon which shall be paid by the State.
c. The Secretary of State shall cause to be prepared registration forms of the size, weight and form described in subsection a. of this section in both the English and Spanish language and shall provide such forms to each commissioner of registration of any county in which there is at least one election district in which bilingual sample ballots must be provided pursuant to R.S.19:14-21, R.S.19:49-4 or section 2 of P.L.1965, c.29 (C.19:23-22.4).
d. The commissioner of registration shall furnish such registration forms upon request in person to any person or organization in such reasonable quantities as such person or organization shall request. The commissioner shall furnish no fewer than two such forms to any person upon request by mail or by telephone.
e. Each such registration form shall have annexed thereto instructions specifying the manner and method of registration, and the vote by mail option specified on the form, and stating the qualifications for an eligible voter.
f. The Secretary of State shall also furnish such registration forms and such instructions to the Director of the Division of Workers' Compensation, the Director of the Division of Employment Services, and the Director of the Division of Unemployment and Temporary Disability Insurance in the Department of Labor and Workforce Development; to the Director of the Division of Taxation in the Department of the Treasury; to the Executive Director of the New Jersey Transit Corporation; to the appropriate administrative officer of any other public agency, as defined by subsection a. of section 15 of P.L.1974, c.30 (C.19:31-6.3); to the Adjutant General of the Department of Military and Veterans' Affairs; and to the chief administrative officer of any voter registration agency, as defined in subsection a. of section 26 of P.L.1994, c.182 (C.19:31-6.11).
g. All registration forms received by the Secretary of State in the mail or forwarded to the Secretary of State shall be forwarded to the commissioner of registration in the county of the registrant. Each such form, and any registration form received otherwise by a commissioner of registration, shall be forwarded to the county clerk if the vote by mail option is selected on a form.
h. An application to register to vote received from the New Jersey Motor Vehicle Commission or a voter registration agency, as defined in subsection a. of section 26 of P.L.1994, c.182 (C.19:31-6.11), shall be deemed to have been timely made for the purpose of qualifying an eligible applicant as registered to vote in an election if the date on which the commission or agency shall have received that document in completed form, as indicated in the lower right hand corner of the form, was not later than the 21st day preceding that election.
i. Each commissioner of registration shall make note in the permanent registration file of each voter who is required to provide the personal identification information required pursuant to this section, as amended, and R.S.19:15-17, R.S.19:31-5 and Pub.L.107-252 (42 U.S.C.s. 15301 et seq.), to indicate the type of identification provided by the voter and the date on which it is provided. Prior to the June 2004 primary election, when such a newly registered voter seeks to vote for the first time following his or her registration, the voter will be required to provide such personal identification information. Beginning with the June 2004 primary election, when such a newly registered voter seeks to vote for the first time following his or her registration, the voter will not be required to provide such information if he or she had previously provided the personal identification information required pursuant to this section. The required information shall be collected and stored for the time and in the manner required pursuant to regulations promulgated by the Secretary of State.
j. The Secretary of State shall amend the voter registration application form if necessary to conform to the requirements of applicable federal or State law.
k. In the event that the name of any political party entered on the voter registration form by a voter who wishes to declare a political party affiliation is not legible, the commissioner of registration shall mail the voter a political party declaration form and a letter explaining that the voter's choice was not understood and that the voter should complete and return the declaration form in order to be affiliated with a party.
(cf: P.L.2019, c.270, s.3)
5. Section 4 of P.L.2005, c.153 (C.19:31-13.2) is amended to read as follows:
4. If, when submitting a voter registration form for any reason, a registrant declares thereon his or her political party affiliation and in so doing declares an affiliation with a political party other than the political party with which that person was affiliated previously, the registrant shall be [ineligible] eligible to vote in the next succeeding primary election [unless he or she has made the declaration of affiliation with the political party specified in the latest voter registration form no later than the 50th day next preceding such primary election].
(cf: P.L.2005, c.153, s.4)
6. R.S.19:31-21 is amended to read as follows:
19:31-21. A person whose name appears in the signature copy register and who upon applying for a ballot or voting authority shall have given the information and signed the signature comparison record as provided in this Title and whose signature in the signature comparison record shall have been compared by a member of the district board and in the presence and view of the challengers with the signature of the applicant as recorded in the register shall be eligible to receive a ballot or voting authority unless it be shown to the satisfaction of a majority of the members of the district board that he is not entitled to vote in the district or has otherwise become disqualified.
No person shall be required to sign the signature comparison record as a means of identification if he shall have been unable to write his name when he registered, or if, having been able to write his name when registered, he subsequently shall have lost his sight or lost the hand with which he was accustomed to write or shall by reason of disease or accident be unable to write his name when he applies to vote, but each such person shall establish his identity in the manner provided in this Title.
In addition to signing the signature comparison record and after the comparison of the signature with the signature in the register, a person offering to vote at the primary election for the general election, as the case may be, shall announce his name and the party primary in which he wishes to vote. A voter who wishes to vote in the party primary of a political party other than the party of the voter's affiliation shall be permitted to vote in that other party's primary after completing a political party affiliation declaration form at the polling place, at which time the voter shall be deemed to be a member of that other political party.
After a person has voted the member of the district board having charge of the signature copy registers shall place the number of the person's ballot in the proper column on the record of voting form of such person, which number shall constitute a record that the person has voted. In the case of the primary election for the general election such member of the district board shall also place in the proper column on the record of voting form the first three letters of the name of the political party whose primary ballot such person has voted, and shall attach the voter's political party affiliation declaration form if filed at the polling place.
In the event that the duplicate permanent registration form of any person cannot be found in the signature copy register at the time he applies for a ballot or voting authority, a member of the district board shall promptly ascertain from the commissioner or a duly authorized clerk if such person is permanently registered. Upon information that such is the fact, such member of the district board shall require the person applying for a ballot or voting authority to obtain an order from the commissioner authorizing him to receive a ballot or voting authority. The commissioner shall specially authorize and deputize clerks to issue such orders in municipalities within his county. The commissioner or his clerk shall require the voter to sign his name upon such order for the purpose of signature comparison. The district board shall require the voter to again sign his name on said order, in the presence of the board, and if the signatures compare, to permit him to vote. At primary elections the commissioner or his duly authorized clerk shall endorse on the order the political party whose ballot such person voted at the last preceding primary election, and shall attach the voter's political party affiliation declaration form if filed at the polling place. The order shall be returned to the commissioner at the same time and along with the signature copy registers.
(cf: P.L.2011, c.134, s.42)
7. R.S.19:34-21 is amended to read as follows:
19:34-21. A person who being a member of one political party shall vote in the ballot box used for the primary election of another political party without filing a political party affiliation declaration form shall in each case be guilty of a crime of the fourth degree.
(cf: P.L.2005, c.154, s.40)
8. Section 7 of P.L.2005, c.148 (C.19:62-7) is amended to read as follows:
7. For a primary election for the general election:
a. the county clerk shall mail the ballot of a political party to each voter in the municipality who is registered as being affiliated with the political party as of the 21st day before the day of the primary election; [and]
b. a voter who is not affiliated with any political party who wishes to vote in the primary of a political party shall apply to the county clerk or municipal clerk in writing for the ballot of the political party in whose primary the voter wishes to vote, or designate a political party affiliation for the first time by whatever means permitted by law, and the application or designation shall be presented to the clerk through the day of the election; and
c. notwithstanding any provision of subsections a. and b. of this section, or any law, rule, or regulation to the contrary, for any primary election occurring following the implementation date of this act, P.L. , c. (pending before the Legislature as this bill), the county clerk shall mail the ballot of each political party to each voter in the municipality who votes by mail, with instructions that the voter may select only one political party primary ballot to vote and return and, if that ballot is for a political party primary different from the political party of the voter's affiliation on record, that voting and returning that ballot would constitute a change in the voter's political party affiliation and that the voter would be registered as a member of that political party until the voter completes a new voter registration form, political party affiliation declaration form, or a primary election ballot of a different political party in a future primary election.
(cf: P.L.2005, c.148, s.7)
9. Section 8 of P.L.2009, c.79 (C.19:63-8) is amended to read as follows:
8. Upon receipt of a request for a mail-in ballot, the county clerk shall, with the cooperation of the commissioner of registration, cause the signature of the applicant to be compared with the signature of the person appearing on the permanent registration form, or the digitalized image of the voter's signature stored in the Statewide voter registration system, to determine from such examination, and any other available information, if the applicant is a voter qualified to cast a ballot in the election in which the voter wants to vote [, and determine in case of a primary election the political party primary in which the voter is entitled to vote]. The commissioner of registration, or the superintendent of elections in counties having a superintendent of elections may, at the request of the county clerk, investigate any application or request for a mail-in ballot.
If, after such examination, the county clerk is satisfied that the applicant is entitled to a ballot, the clerk shall mark on the application "Approved." If, after such examination the county clerk determines that the applicant is not entitled to a ballot, the clerk shall mark on the application "Disapproved" and shall so notify the applicant, stating the reason therefor, as required by section 5 of P.L.2004, c.88 (C.19:61-5). Notification to the applicant shall be made in writing within 24 hours of the determination of disapproval and shall state the specific reason, or reasons, for the disapproval and inform the applicant of the opportunity to challenge the disapproval by contacting the county clerk's office. The county clerk shall provide every disapproved applicant with the opportunity to (1) submit evidence either in person or via fax, postal mail or electronic mail, (2) submit a voter registration application to update signature or change name, address, or party affiliation, (3) submit a new application to vote by mail, or (4) in the case of an application disapproved for a reason related to signature verification, sign an affidavit in the presence of the county clerk, or designee, after presenting current and valid photo identification.
(cf: P.L.2020, c.71, s.8)
10. Section 11 of P.L.2009, c.79 (C.19:63-11) is amended to read as follows:
11. a. Each mail-in ballot to be used at any election shall conform generally to the ballot to be used at the election in the voter's district but the ballots shall be clearly marked "Official Mail-In Ballot."
At the top of every mail-in ballot there shall be printed or stamped in a prominent size the following:
To protect your vote:
IT IS AGAINST THE LAW FOR ANYONE EXCEPT YOU THE VOTER TO MARK OR INSPECT THIS BALLOT.
However, a family member may assist you in doing so.
b. Each mail-in ballot to be used pursuant to this act shall be printed entirely in black ink. In addition to conforming generally to the ballot used in the election, the mail-in ballot shall be so prepared that the voter may indicate on it the voter's choice of the candidates for the offices to be filled, and the public questions to be voted on at the election by the voters of the entire State, county or municipality in which the voter is a resident, as known on the 48th day preceding the election. Sufficient space shall be provided on the ballot for the voter to write in the name of and vote for any candidate for, or the voter's personal choice for, any public office to be voted for at the election in the voter's election district. A list of the candidates for the offices to be filled in each election district in the county, whose names are known on the day on which the ballot is forwarded but do not appear on the ballot, with a statement of the office for which each is a candidate, shall be forwarded with such ballot.
When mail-in ballots are prepared, the name of any candidate who has been nominated for any office shall be placed on the ballot to be used in the general election to be held in the year in each election district in which he is a candidate, whether or not such candidate has accepted nomination prior to when the ballot was prepared, provided that the candidate has not declined the nomination before the ballot was prepared.
c. Each mail-in ballot to be used at any primary election for the general election shall, except as otherwise provided, conform to the ballot to be used at the election in the voter's election district and to the form herein prescribed for mail-in ballots to be used in such general elections. It shall be prepared so that the voter may indicate the voter's choice of the candidates of one political party for each of the officers to be voted on at the election by the voters of the election district and shall be separated into party ballots, which shall be printed upon one sheet when the voting system so allows, which party ballots shall be available to each voter who votes by mail in the primary election regardless of political party affiliation.
Each such mail-in ballot shall be plainly marked to indicate that only one party ballot is to be voted by each voter [and that]. Each such mail-in ballot shall also indicate that any voter may vote a party ballot of any political party, even though the party ballot voted by the voter [must] does not conform to the name of the political party indicated by the county clerk. Each such mail-in ballot shall further indicate that voting and returning a party ballot for a party different from that of the voter's political party affiliation on record would constitute a change in the voter's political party affiliation and that the voter would be registered as a member of that political party until the voter completes a new voter registration form, political party affiliation declaration form, or a primary election mail-in ballot of a different political party in a future primary election.
If the county clerk has determined by investigating a voter's registration record that the voter is qualified to vote [only in the primary of a particular party], the clerk shall so note on the primary ballot [the party primary in which the voter is entitled to vote].
In the case where the county clerk has ascertained through investigating the voter's registration record that such applicant is requesting a ballot to vote in the first primary for which the voter is eligible after registration, the clerk shall note on the primary ballot that the voter can vote in the primary of any political party.
d. Any county may adopt a system of electronic scanning, or other mechanical or electronic device if the system has been approved previously by the Secretary of State to count or canvass mail-in ballots. The county clerk in any county adopting such a system may prepare and use mail-in ballots that do not conform generally to the ballot to be used at the election to the extent that such nonconformance is necessary in the operation of the electronic or mechanical canvassing system.
(cf: P.L.2011, c.134, s.52)
11. Section 17 of P.L.2009, c.79 (C.19:63-17) is amended to read as follows:
17. a. The county board of elections shall, promptly after receiving each mail-in ballot, remove the inner envelope containing the ballot from the outer envelope and shall compare the signature and the information contained on the flap of the inner envelope with the signature and information contained in the respective requests for mail-in ballots and the signature and information contained in the Statewide voter registration system. In addition, as to mail-in ballots issued less than seven days prior to an election, the county board of elections shall also check to establish that the mail-in voter did not vote in person. The county board shall reject such a ballot if it is not satisfied, pursuant to a comparison with the Statewide voter registration system, that the voter is legally entitled to vote and that the ballot conforms with the requirements of this act. The county board of elections shall conduct the determination of qualification of each voter in accordance with the requirements of the Certificate of Mail-in Voter pursuant to section 13 of P.L.2009, c.79 (C.19:63-13).
[In the case of a mail-in ballot to be voted at a primary election for the general election, the ballot shall be rejected if the mail-in voter has indicated in the certificate the voter's intention to vote in a primary election of any political party in which the voter is not entitled to vote according to the Statewide voter registration system, and if it shall appear from the record that the voter is not entitled to vote in a primary election of the political party which has been so indicated.]
Any mail-in ballot which is received by a county board of elections shall be rejected if the inner envelope is unsealed or if either the inner or outer envelope has a seal that has been tampered with. Mail-in ballots shall not be rejected due to any defect arising out of or relating to the preparation or mailing of the ballot or envelope that was not reasonably caused by the voters, such as a torn envelope and missing or insufficient glue to allow the ballot to be sealed.
Disputes about the qualifications of a mail-in voter to vote or about whether or not or how any mail-in ballot shall be counted in such election shall be referred to the Superior Court for determination, as provided under section 4 of P.L.2020, c.70 (C.19:63-17.1).
After such investigation, the county board of elections shall detach or separate the certificate from the inner envelope containing the mail-in ballot, unless it has been rejected by it or by the Superior Court, marking the envelope so as to identify the election district in which the ballot contained therein is to be voted as indicated by the voter's home address appearing on the certificate attached to or accompanying the inner envelope and, in the case of ballots to be voted at a primary election for a general election, so as to identify the political party in the primary election of which it is to be voted and whether the voted primary election ballot constitutes a change in the voter's political party affiliation.
The location at which a county board of elections determines whether a mail-in ballot shall be accepted or rejected shall be considered an election district for the purposes of appointment of challengers.
b. The county board of elections shall, promptly after receiving each mail-in ballot, undertake the following procedures and requirements concerning the acceptance or rejection of each mail-in ballot:
(1) within 24 hours after the decision has been made to reject a voter's mail-in or provisional ballot on the basis of a missing signature or discrepant signature, issue a "Cure Letter" by mail or email to the voter whose ballot was rejected, which shall inform the voter of that fact and provide the reasoning for rejection, and attempt to contact the voter by telephone, if a telephone number is available. The cure letter shall include a "Cure Form" and the form shall include the voter's name and instruct the voter on how to cure the alleged or actual deficiency. Cure forms shall not be referred to as affidavits or certifications and shall not be required to be sworn;
(2) when the alleged or actual deficiency involves the signature of the voter, instruct the voter that they may cure the deficiency by completing the cure form and returning it to the county board of elections in person, by fax, or by email, not later than 48 hours prior to the final certification of the results of the election other than the general election, or in the case of a general election within 11 days after the general election, or by returning it to the county board of elections by mail, and that the completed cure form must be received by the county board of elections not later than 48 hours prior to the final certification of the results of the election other than the general election, or in the case of a general election within 11 days after the general election;
(3) include, with the cure letter, when sent by mail, a pre-printed cure form and a postage-paid return envelope addressed to the county board of elections which the voter may use to return the cure form; and
(4) inform voters that they shall not be required to submit any form of hard-copy identification document or copy thereof in order to cure a signature deficiency, but may do so by declaring that they submitted their provisional ballot or mail-in ballot, and verifying their identity by either: (a) providing a valid New Jersey driver's license number or Motor Vehicle Commission non-driver identification number; or (b) if the voter does not have a valid New Jersey driver's license number or Motor Vehicle Commission non-driver identification number, then by providing the last four digits of their Social Security Number; or (c) if the voter does not have the identification in (a) or (b), then attaching a legible copy of a New Jersey State-accepted form of identification, including either a sample ballot which lists the voter's name and address, an official federal, State, county, or municipal document which lists the voter's name and address, or a utility bill, telephone bill, or tax or rent receipt which lists the voter's name and address; and (d) signing and dating the cure form prior to returning it.
c. If a voter returns a completed cure form in a timely manner and the information provided verifies the voter's identity, pursuant to this section, their otherwise valid mail-in or provisional ballot shall be counted in the final election results irrespective of any signature deficiency previously identified and, under those circumstances, the cure form may not be verified or authenticated using signature matching.
d. In accordance with this section, variations in voter signatures caused by the substitution of initials for the first name, middle name, or both, shall not be grounds for the county board of elections to determine that the signatures are non-conforming or do not match.
e. In cases of rejected ballots, the county board of elections shall retain the voter's outer envelope, inner envelope, self-certification certificate, and mail-in ballot in a bundle unique to each voter for a period of two years in accordance with section 24 of P.L.2009, c.79 (C.19:63-24).
f. County boards of elections shall be required to meet at least once each week during the three-week period preceding each election to conduct the ballot processing and curing provisions specified in this section, and shall meet more frequently as may be required by the Secretary of State to ensure the timely processing of ballots.
The Secretary of State shall prepare educational materials regarding this section that all employed county boards of elections employees handling ballots shall read and have available for review. The materials shall provide clear information regarding the standards for acceptance and rejection of mail-in ballots and the safe-keeping of all materials in the case of rejection. The materials shall serve an educational purpose for the county board of elections and shall not replace, supersede, or void the authority of the county board or a judge of the Superior Court to accept or reject a mail-in ballot.
(cf: P.L.2023, c.124, s.16)
12. Section 22 of P.L.2009, c.79 (C.19:63-22) is amended to read as follows:
22. a. On the day of each election, or as provided under subsection b. of this section, each county board of elections shall open in the presence of the commissioner of registration, or the designee thereof, the inner envelopes that contain the mail-in ballots with the votes cast for the election. The inner envelopes containing the ballots that the board or the Superior Court has rejected shall not be so opened, but shall be retained as provided for by this act. The board shall then proceed to canvass the votes cast on the mail-in ballots [, but no such ballot shall be counted in any primary election for the general election if the ballot of the political party marked for voting thereon differs from the designation of the political party in the primary election of which such ballot is intended to be voted as marked on the envelope by the county board of elections].
Every mail-in ballot that bears a postmark date before or of the day of the election and that is received by the county board within 144 hours after the time of the closing of the polls for the election that the ballot was prepared shall be considered valid and shall be canvassed. Every mail-in ballot that does not bear a postmark date but that is received by the county board by delivery of the United States Postal Service before, or within 48 hours after, the time of the closing of the polls for the election for which the ballot was prepared shall be considered valid and shall be canvassed.
b. A county board of elections may begin opening the inner envelopes for each mail-in ballot and canvassing each mail-in ballot from the inner envelope no earlier than five days prior to the day of the election. The Secretary of State shall establish guidelines concerning the early canvassing process. If a county board of elections begins opening the inner envelopes and canvassing the mail-in ballots from the inner envelopes prior to the day of the election, the county board shall implement the measures necessary to ensure the security and secrecy of the mail-in ballots. The contents of the mail-in ballots and the results of the ballot canvassing shall remain confidential and shall be disclosed only in accordance with the provisions of Title 19 of the Revised Statutes, regulations and guidelines concerning the disclosure of election results, and in no circumstances disclosed prior to the close of polls on the day of the election. In addition to the guidelines concerning the early canvassing process, the Secretary of State shall promulgate regulations to ensure that any county board of elections that begins opening the inner envelopes and canvassing the mail-in ballots from the inner envelopes prior to the closing of the polls on election day shall do so in a manner that prevents any person, including any person who is authorized to receive and canvass completed mail-in ballots, from obtaining knowledge of the unofficial results of ballots cast for any candidate for public office or any public question submitted to the voters until after the closing of the polls on election day. No tally or tabulation of results shall occur prior to the opening of polls on election day. As provided under R.S.19:34-13, any person who is authorized to receive and canvass completed mail-in-ballots who knowingly discloses to the public the contents of a mail-in ballot prior to the time designated by law for the closing of the polls for each election shall be guilty of a crime of the third degree.
c. Immediately after the canvass is completed, the respective county boards of election shall certify the result of the canvass to the county clerk or the municipal or district clerk or other appropriate officer, as the case may be, showing the result of the canvass by municipality and ward. The votes thus canvassed shall be counted in determining the result of the election.
The county board of elections shall, immediately after the canvass is completed for any primary election, certify the results of the votes cast for members of the county committees to the respective municipal clerks, and those votes shall be counted in determining the result of the election.
Each mail-in ballot cast, canvassed, and tallied in an election under this section, excluding a fire district election, shall be reported in the results for the election district in which the voter resides. Whenever the reporting requirement of this subsection would cause a voter's privacy to be violated, the election results shall be reported in a manner that maintains the privacy of the vote.
(cf: P.L.2022, c.70, s.7)
13. This act shall take effect on January 1st next following the date of enactment.
STATEMENT
This bill allows any voter to vote in any political party primary election by changing his or her political party affiliation at the polling place on primary election day. The bill also allows voters who vote by mail-in ballot in the primary election to complete any political party's primary ballot.
Under current law, voters who are unaffiliated with any political party because they did not declare a political party affiliation on their voter registration form are permitted to vote in the primary election of any political party, and once they do so they become a member of that political party. Current law also provides that voters who declared a political party affiliation are permitted to vote only in the political party primary of that party. However, if a voter affiliated with one political party wants to participate in the primary election of another political party, they may do so by declaring affiliation with that other party by filing a new voter registration form or a political party affiliation declaration form on or before the 55th day preceding the primary election.
Under this bill, any voter would be permitted to vote in the primary election of any political party, regardless of their declared political party affiliation on record. The bill provides that voters who vote in person would be permitted to choose the political party primary they wish to vote in at the polling place on primary election day. If a voter wishes to vote in another party's primary than that of their affiliation on record, the voter may file a political party affiliation declaration form at the polling place. Under the bill, voters who vote by mail-in ballot in the primary election would be permitted to complete the ballot for any political party, and the voter's completion and return of that ballot would constitute a new political party affiliation. As required under current law, a voter may complete only one political party primary ballot.
This bill therefore establishes an open primary process in this State by eliminating the 55-day deadline for political party membership changes and allowing any registered voter to participate in the political party primary of the voter's choice. Under the bill, the update of political party affiliation is retained for record-keeping purposes.
