Bill Text: NJ A4709 | 2020-2021 | Regular Session | Introduced
Bill Title: Creates online form to update name and residence on existing voter registration record; allows change of residence notice to update existing record when voter moves to another county.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-09-21 - Introduced, Referred to Assembly State and Local Government Committee [A4709 Detail]
Download: New_Jersey-2020-A4709-Introduced.html
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Creates online form to update name and residence on existing voter registration record; allows change of residence notice to update existing record when voter moves to another county.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the manner of updating the name and address of a registered voter on an existing voter registration record, amending R.S.19:31-11 and R.S.19:31-13, and supplementing chapter 31 of Title 19 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.19:31-11 is amended to read as follows:
19:31-11. a. In all counties within the State, change of residence notices shall be made: (1) by a written request, signed by the registrant, forwarded to the commissioner by mail, and actually received by the commissioner [, or]; (2) by calling in person at the office of the commissioner or the municipal clerk; or (3) by completing and submitting a change of residence notice online as provided under section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill). The commissioner shall provide change of residence notices in card form for the use of any registered voter moving to another address within the same election district [or]; to another election district within the same county; or to another election district in another county for processing as provided under subsection c. of this section. Copies of these notices shall also be available at the office of the municipal clerk in each municipality. Each municipal clerk shall transmit daily to the commissioner all the filled out change of residence notices that may be in the municipal clerk's office at the time. These notices shall be printed upon cards, shall contain a blank form showing where the applicant last resided and the address and exact location to which the applicant has moved and shall have a line for the applicant's signature, printed name and date of birth. Upon receipt of such change of residence notice the commissioner shall cause the signature to be compared with the registration forms of the applicant and, if such signature appears to be of and by one and the same legal voter, the commissioner shall cause the entry of the change of residence to be made on those registration forms and the registrant shall thereupon be qualified to vote in the election district to which the registrant shall have so moved. If the commissioner is not satisfied as to the signature on the request for a change of residence, a confirmation notice as prescribed by subsection d. of R.S.19:31-15 shall be sent by mail with postage prepaid to the registrant at the new address.
The application for change of residence shall be filed with the commissioner or municipal clerk, as the case may be, on or before the 21st day preceding any election.
b. In any county any voter
who, prior to an election, shall move
within the same county after the time above prescribed for filing an application for change of residence without having made application for change of residence, or who has not returned a confirmation notice sent to the voter by the commissioner of registration of the county, if such a notice has been sent to the voter, or who has not moved since the previous election but whose registration information is missing or otherwise deficient, or has otherwise failed to notify the commissioner of registration of the voter's change of address within the county, shall be permitted to vote in that election in the district to which the voter has moved, upon making a written affirmation regarding the change of address at the polling place of the district in which the voter resides on the day of the election. No identifying document shall be required from the voter for this affirmation. A district board member shall provide the voter with a provisional ballot, and an envelope with an affirmation statement that conforms with the requirements for such documents contained in subsection b. of section 7 of P.L.1999, c.232 (C.19:53C-1). The voter shall complete the provisional ballot and affirmation statement, place the ballot in the envelope, seal and return it to the district board member. The board member shall review the information in the affirmation statement for completeness before forwarding it for inspection, tabulation and notation by the county board of elections, as provided for by sections 7 through 26 of P.L.1999, c.232 (C.19:53C-1 through C.19:53C-20). The affirmation statement shall constitute a transfer to the registrant's new residence for any subsequent election. However, if the voter has moved from one residence to another within the same election district at any time, the voter shall be permitted to vote in such election district at any election in the same manner as other voters at the polling place upon written affirmation by the registrant to the district board member of the registrant's change of address.
c. A voter who moves from an election district in one county to an election district in another county prior to the close of registration preceding an election shall register in the new county of residence, in accordance with the provisions of R.S.19:31-6, or shall file a change of residence notice with the commissioner of either county or complete and submit that notice online as provided under section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), in order to be permitted to vote. A change of residence notice filed by a voter pursuant to this subsection shall cause the commissioners of the county of previous residence and the county of new residence to update the voter registration record of that voter and to transfer that record to the county of new residence. The commissioner of the county of new residence shall notify the voter by mail that the voter is now registered to vote in that county or, if the notice submitted by the voter is incomplete, to request any additional information or documentation necessary to finalize the change of residence notice. Nothing in this subsection shall be interpreted to waive the requirement specified under R.S.19:31-5 that the voter shall have been a resident of the county of new residence for at least 30 days prior to being eligible to vote in any election in that county.
(cf: P.L.2005, c.139, s.13)
2. R.S.19:31-13 is amended to read as follows:
19:31-13. Whenever the registrant after his or her original registration shall change his or her name due to marriage, divorce, or by judgment of court, the registrant shall in person or by mail submit to the commissioner of registration a written statement notifying the commissioner of the change, which statement shall take such form, and be printed on a postal card suitable for mailing of such design, as the Attorney General shall prescribe and shall be signed by the registrant. A registrant may complete the form online pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill). The commissioner, upon receipt of such a notice of change of name, shall revise accordingly the name of the registrant as it appears among the items of information concerning the registrant included on the registrant's registration forms, shall make a photographic copy of the notice of name change submitted by the registrant, and shall affix the original notice so submitted to the registrant's original registration form and the photographic copy of that notice to the registrant's duplicate registration record.
When notice of such change in name has not been received by or filed with the commissioner prior to the 21st day preceding any election, such person may be permitted to vote under the name under which the person was registered prior to that change at the first election following such change in name at which the person shall appear to vote, after signing the signature copy register with both the registered name and his or her new name. The commissioner shall then revise accordingly the name of the registrant as it appears on the registrant's registration forms, make a photographic copy of the notice, and affix the original and copy of the notice to the registrant's permanent registration forms as hereinabove prescribed.
(cf: P.L.2005, c.139, s.14)
3. (New section) The Secretary of State shall develop and make available on its website a form to allow a registered voter to electronically complete a change of residence notice, change of name notice, or both, and to electronically submit that form to the appropriate county commissioner of registration. If the voter is reporting a change or residence from one county to another, the form shall be submitted to both the commissioner of the previous county of residence and the new county of residence. The form shall contain substantively the same information required to be submitted by a registered voter on a paper version of a change of residence and change of name form pursuant to R.S.19:31-11 and R.S.19:31-13. The form shall contain any additional information deemed necessary by the secretary.
4. This act shall take effect immediately.
STATEMENT
Under current law, a registered voter who changes his or her name or address may file a form to notify the county commissioner of registration of these changes to the voter's record. When a registered voter moves from one county to another, the voter is required to file a new voter registration form in the new county.
This bill requires the Secretary of State to create an electronic form on the Department of State's website for a voter to use to complete and submit changes to the voter's name, address, or both. This bill also allows a registered voter who moves from one county to another to use the change of address form to notify the county commissioners of registration of the voter's old and new counties of residence of this change. The bill requires both commissioners to cause the voter's registration record to be transferred to the new county. The commissioner of the county of new residence would notify the voter by mail that the voter is now registered to vote in that county. If the notice submitted by the voter is incomplete, the commissioner is required to request any additional information or documentation necessary to finalize the change of residence request.
This bill does not change any of the eligibility requirements a voter must fulfill in order to vote in an election, including the 30-day residency requirement in the county of residence as required by the State Constitution and specified under R.S.19:31-5.
