Bill Text: NJ S1193 | 2024-2025 | Regular Session | Introduced
Bill Title: Allows voter registration at polling place on election day or at early voting site during early voting period.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-01-09 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S1193 Detail]
Download: New_Jersey-2024-S1193-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator RAJ MUKHERJI
District 32 (Hudson)
SYNOPSIS
Allows voter registration at polling place on election day or at early voting site during early voting period.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning voter registration 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.19:31-6 is amended to read as follows:
19:31-6. Any person qualified to vote in an election shall be entitled to vote in the election if the person shall have registered to vote on or before the 21st day preceding the election by:
a. registering in person at any offices designated by the commissioner of registration for providing and receiving registration forms;
b. completing a voter registration form while applying for a motor vehicle driver's license from an agent of the New Jersey Motor Vehicle Commission, as provided for in section 24 of P.L.1994, c.182 (C.39:2-3.2);
c. completing and returning to the Secretary of State or having returned thereto a voter registration form received from a voter registration agency, as defined in subsection a. of section 26 of P.L.1994, c.182 (C.19:31-6.11), while applying for services or assistance or seeking a recertification, renewal or change of address at an office of that agency;
d. completing and returning to the Secretary of State a voter registration form obtained from a public agency, as defined in subsection a. of section 15 of P.L.1974, c.30 (C.19:31-6.3);
e. completing and returning to the Secretary of State or having returned thereto a voter registration form received from a door-to-door canvass or mobile registration drive, as provided for in section 19 of P.L.1974, c.30 (C.19:31-6.7);
f. completing and returning to the Secretary of State a federal mail voter registration form, as prescribed in subsection (b) of section 9 of the "National Voter Registration Act of 1993," (42 U.S.C. s. 1973gg et seq.);
g. completing and returning to the Secretary of State or the appropriate county clerk an application for a federal postcard application form to register to vote, as permitted pursuant to the federal "Uniform and Overseas Citizens Absentee Voting Act" 52 U.S.C. s.120301 et seq.) and section 4 of P.L.1976, c.23 (C.19:59-4);
h. completing a provisional ballot affirmation statement and voting the provisional ballot in the previous election, if the person who submitted the provisional ballot in that election is determined not to be a registered voter; or
i. completing and submitting an online voter registration form available on the Secretary of State's Internet website, as provided under section 1 of P.L.2019, c.382 (C.19:31-6.4c).
Any person qualified to vote in an election who does not register to vote on or before the 21st day preceding the election in accordance with this section shall be entitled to vote in the election by provisional ballot and to have that provisional ballot be counted, if otherwise valid, if the person appears at the person's assigned polling place on the day of the election or at an early voting site in the person's county during the early voting period provided the person:
(a) provides the information needed for completing a voter registration form;
(b) displays, including on an electronic device, a copy of one of the following items: (i) a current and valid photo identification card; (ii) a current utility bill, bank statement, government check, or pay check; (iii) any other government document that shows the voter's name and current address; or (iv) any other identifying document that the Secretary of State has determined to be acceptable for this purpose; and
(c) completes a provisional ballot affirmation statement and affirms that the person has not previously voted in that election, and upon voting will not thereafter vote in that election.
In addition to the procedure for registering and casting a provisional ballot pursuant to this section, a person may register and cast a ballot on the day of the election or during the early voting period by any other means as may be approved by the Secretary of State that ensure the security of the ballot and the electoral process. If those other means approved by the Secretary of State require additional funding, the additional funding shall be provided by the State.
Notwithstanding the requirement in this section that a person appears at the person's assigned polling place on the day of the election, if on the day of the election a person appears and meets the requirements of this subsection at another polling place within the person's county of residence, the registration shall be effective if otherwise valid and the person's ballot shall count for the offices and public questions for which the person would otherwise have been eligible to cast a ballot based on that person's address.
When the commissioner has designated a place or places other than his office for receiving registrations, the commissioner shall cause to be published a notice in a newspaper circulated in the municipality wherein such place or places of registration shall be located. Such notice shall be published pursuant to R.S.19:12-7.
Any office designated by the
commissioner of registration for receiving registration forms shall have
displayed, in a conspicuous
location, registration and voting instructions. These instructions shall be the same as those provided for polling places under R.S.19:9-2 and shall be provided by the commissioner
(cf: P.L.2022, c.72, s.16)
2. Section 1 of P.L.1966, c.177 (C.19:31-6.1) is amended to read as follows:
1. Notwithstanding any other provisions of the Title to which this act is a supplement, any person authorized by law to accept applications for voter registration shall accept, during the 20-day period prior to any election, the application for registration of all eligible voters who shall personally appear for registration before such person, or the registration card mailed or delivered to such person, but no eligible voter so registered shall be entitled to vote in the election immediately following said 20-day period, except as provided under R.S.19:31-6. Any person registered under the provisions of this act after the 21st day preceding an election shall be advised that [he] the person will [not] be eligible to vote in the election immediately forthcoming [but] only as provided pursuant to R.S.19:31-6 for voting on the day of the election or during the early voting period and will be eligible to vote in elections held thereafter.
Applications for registration pursuant to the provisions of this act shall be received at such place or places as may be designated by any duly authorized election official.
(cf: P.L.2005, c.139, s.9)
3. Section 15 of P.L.1974, c.30 (C.19:31-6.3) is amended to read as follows:
15. a. As used in this section, "public agency" shall mean:
The Division of Worker's Compensation, the Division of Employment Services and the Division of Unemployment and Temporary Disability Insurance, established initially by section 5 of P.L.1948, c.446 (C.34:1A-5), in the Department of Labor and Workforce Development;
The Division of Taxation in the Department of the Treasury, continued under section 24 of P.L.1948, c.92 (C.52:18A-24);
The New Jersey Transit Corporation, established pursuant to section 4 of P.L.1979, c.150 (C.27:25-4);
Any free county library established under the provisions of article 1 of chapter 33 of Title 40 of the Revised Statutes;
Any regional library established under the provisions of P.L.1962, c.134 (C.40:33-13.3 et seq.);
Any free public library established under the provisions of article 1 of chapter 54 of Title 40 of the Revised Statutes;
Any joint free public library established under the provisions of P.L.1959, c.155 (C.40:54-29.3 et seq.);
Any public institution of higher education as included under the provisions of N.J.S.18A:62-1;
Any eligible institution, as defined by subsection a. of section 3 of P.L.1979, c.132 (C.18A:72B-17), that receives financial assistance, aid, or grants from State funds;
Any office or commercial establishment where State licenses or permits, other than licenses or permits issued by a professional or occupational board established under the laws of this State, are available to individual members of the public; and
Any recruitment office of the New Jersey National Guard.
b. Any person entitled to register to vote may register as a voter in the election district in which that person resides at any time prior to the 21st day preceding any election by completing a registration form described in section 16 of P.L.1974, c.30 (C.19:31-6.4) and submitting the form to the commissioner of registration of the county wherein the person resides or alternatively, in the case of a registration form provided by the employees or agents of a public agency or a voter registration agency, as defined in subsection a. of section 26 of P.L.1994, c.182 (C.19:31-6.11), to those employees or agents or to the [Attorney General] Secretary of State. Any registration form addressed to a commissioner of registration may be mailed to or delivered to the office of that commissioner, and in the case of a registration form available at a public agency, the form shall be mailed to the [Attorney General] Secretary of State or delivered to the commissioner of registration in the county of the registrant. A registration form postmarked, stamped or otherwise marked as having been received from the registration applicant, on or before the 21st day preceding any election shall be deemed timely.
(cf: P.L.2005, c.139, s.10)
4. Section 17 of P.L.1974, c.30 (C.19:31-6.5) is amended to read as follows:
17. a. Upon receipt of any completed registration form, the commissioner of registration shall review it, and if it is found to be in order, shall:
(1) Send to the registrant written notification that such registrant is duly registered to vote. No registrant shall be considered a registered voter until the commissioner of registration reviews the application submitted by the registrant and deems it acceptable. This paragraph shall not be construed to prohibit a person who registers to vote on the day of an election, or during the early voting period as provided pursuant to R.S.19:31-6, from being able to vote a ballot as provided thereunder notwithstanding that the person's registration is deemed acceptable by the commissioner of registration after the day of election. On the face of such notification in the upper left-hand corner shall be printed the words: "Do Not Forward. Return Postage Guaranteed. If not delivered in 2 days, return to the Commissioner of Registration."
(2) In as timely a manner as possible, enter the information provided for the registrant on the completed registration form, or electronically transfer the information from an online voter registration form completed pursuant to section 1 of P.L.2019, c.382 (C.19:31-6.4c), into the Statewide voter registration system established pursuant to section 1 of P.L.2005, c.145 (C.19:31-31).
(3) Paste, tape, or photocopy the completed registration form onto an original registration form, and shall paste or tape a copy of such completed registration form onto a duplicate registration form, both of which shall be filed as provided in R.S.19:31-10. Nothing in this paragraph shall preclude any commissioner of registration from keeping the original mail registration form on file.
(4) In the case of a registrant currently registered in another county of this State, notify the commissioner of registration of such other county to remove the individual's name from the registry list of voters of the county and place into an appropriate retention file all registration documents or material relating to that voter. The commissioner of registration of the current county of the registrant shall secure and maintain the entire voting history of that registrant.
b. The commissioner shall notify a registrant of the reasons for any refusal to approve his registration within two business days of such determination.
c. (Deleted by amendment, P.L.1994, c.182.)
(cf: P.L.2019, c.382, s.3)
5. 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; (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 by the Secretary of State. 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; 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 or at an early voting site in the person's county during the early voting period. 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.
In place of a provisional ballot, the voter may use any other manner of voting approved by the Secretary of State that ensures the security of the ballot and the electoral process, as provided pursuant to R.S.19:31-6 for voting on the day of the election or during the early voting period.
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 by the Secretary of State, 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. 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.2022, c.67, s.12)
6. 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] Secretary of State shall prescribe and shall be signed by the registrant. A registrant may complete the form online as provided by the Secretary of State. 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.2022, c.67, s.13)
7. Section 7 of P.L.1999, c.232 (C.19:53C-1) is amended to read as follows:
7. a. (1) The county clerk or the municipal clerk, in the case of a municipal election, shall arrange for the preparation of a provisional ballot packet for each election district. It shall include the appropriate number of provisional ballots, the appropriate number of envelopes with an affirmation statement, the appropriate number of written notices to be distributed to voters who vote by provisional ballot and one provisional ballot inventory form affixed to the provisional ballot bag. The clerk shall arrange for the preparation of and placement in each provisional ballot bag of a provisional ballot packet and an envelope containing a numbered seal. The envelope shall contain, on its face, the instructions for the use of the seal, the number and the election district location of the provisional ballot bag, and the identification numbers of the seal placed in the envelope. Each provisional ballot bag shall be sealed with a numbered security seal before being forwarded to the appropriate election district.
(2) Each provisional ballot bag and the inventory of the contents of each such bag shall be delivered to the designated polling place no later than the opening of the polls on the day of an election.
b. The county clerk or the municipal clerk, in the case of a municipal election, shall arrange for the preparation of the envelope, affirmation statement, and written notice that is to accompany each provisional ballot. The envelope shall be of sufficient size to accommodate the provisional ballot, and the affirmation statement shall be affixed thereto in a manner that enables it to be detached once completed and verified by the county commissioner of registration. The statement shall require the voter to provide the voter's name, and to indicate whether the voter is registered to vote in a county but has moved within that county since registering to vote; or is registered to vote in the election district in which that polling place is located but the voter's registration information is missing or otherwise deficient; or is registering to vote pursuant to R.S.19:31-6; or indicate the voter has applied for a mail-in ballot and not received either the ballot or an explanation for not receiving such a ballot pursuant to notification by the county clerk or from the free-access system, or has applied for and received a mail-in ballot and has not transmitted it to the county board of elections or given it to a bearer for delivery to the county board before the time for the opening of the polls on the day of an election but wants, nevertheless, to vote in the election. The statement shall further require the voter to provide the voter's most recent prior voter registration address, if applicable, and address on the day of the election and date of birth. The statement shall include the statement: "I swear or affirm, that the foregoing statements made by me are true and correct and that I understand that any fraudulent voting may subject me to a fine of up to $15,000, imprisonment up to five years or both, pursuant to R.S.19:34-11." The statement shall also include the additional affidavit statements required for individuals registering to vote at a polling place or at an early voting site pursuant to R.S.19:31-6 for voting on the day of the election or during the early voting period. It shall be followed immediately by spaces for the voter's signature and printed name, and in the case of a name change, the voter's printed old and new name and a signature for each name, the date the statement was completed, political party affiliation, if used in a primary election, and the name of the person providing assistance to the voter, if applicable. Each statement shall also provide spaces for the voter's telephone number and email address, including language informing the voter that this contact information will be used to contact the voter concerning the acceptance or rejection of the ballot, and how the voter may cure a defect. A voter's telephone number and email address shall not be subject to public disclosure and shall not be considered a government record. Each statement shall also note the number of the election district, or ward, and name of the municipality at which the statement will be used. Each statement shall also include space for the appropriate official to indicate if a person registering to vote at a polling place on the day of the election or at an early voting site pursuant to R.S.19:31-6 displayed identification as provided in that section. The Secretary of State shall prepare for inclusion in the affirmation statement language for the voter to submit the information required in the registration form described in section 16 of P.L.1974, c.30 (C.19:31-6.4) in order to enable the county commissioner of registration to process the statement as a voter registration application, which shall be valid for future elections, or consistent with R.S.19:31-6, for the current election, if the individual who submitted the provisional ballot is determined not to be a registered voter. The Secretary of State shall also prepare and shall provide language for any written instructions necessary to assure proper completion of the statement.
The written notice shall contain information to be distributed to each voter who votes by provisional ballot. The notice shall state that, if the voter is a mail-in registrant voting for the first time in his or her current county of residence following registration and was given a provisional ballot because he or she did not provide required personal identification information or if the voter is a person registering to vote at a polling place on the day of the election or at an early voting site pursuant to R.S.19:31-6 who fails to display identification, the voter shall be given until [the close of business on the second day after the election] 48 hours prior to the final certification of the results of the election to provide identification to the applicable county commissioner of registration, and the notice shall contain a telephone number at which the commissioner may be contacted. The notice shall further state that failure to provide the required personal identification information within that time period shall result in the rejection of the ballot, unless the person is registering to vote at a polling place on the day of the election or early voting site pursuant to R.S.19:31-6 and the county commissioner of registration is able to verify the accuracy of the person's New Jersey driver's license number or non-driver identification number from the Motor Vehicle Commission database, or the last four digits of the person's Social Security Number, as provided as part of the provisional ballot affirmation statement. The notice shall state that pursuant to section 4 of P.L.2004, c.88 (C.19:61-4), any individual who casts a provisional ballot will be able to ascertain under a system established by the State whether the ballot was accepted for counting, and if the vote was not counted, the reason for the rejection of the ballot. The notice shall include instructions on how to access such information.
c. For the primary for the general election, the provisional ballots shall be printed in ink on paper of a color that matches the color of the voting authority, which shall indicate the party primary of the voter. The provisional ballots shall be uniform in size, quality and type and of a thickness that the printing thereon cannot be distinguished from the back of the paper, and without any mark, device or figure on the front or back other than as provided in P.L.1999, c.232 (C.19:53C-1 et seq.). Each such ballot shall include near the top thereof and in large type the designation PROVISIONAL BALLOT. In all other respects, the provisional ballots shall conform generally to the other ballots to be used in the election district for the primary election.
The clerk of the county or municipality shall arrange for the preparation of each provisional ballot package with an appropriate number of provisional ballots for each political party, a corresponding number of envelopes with affirmation statements, and a corresponding number of written notices. Additional provisional ballots, envelopes, and notices shall be available for delivery to that election district on the day of the election, if necessary.
d. For the general election the provisional ballots shall be printed in ink. The provisional ballots shall be uniform in size, quality and type and of a thickness that the printing thereon cannot be distinguished from the back of the paper, and without any mark, device or figure on the front or back other than as provided in this act. Each such ballot shall include near the top thereof and in large type the designation PROVISIONAL BALLOT. In all other respects, the provisional ballots shall conform generally to the other ballots to be used in the election district for the general election.
The clerk of the county or municipality shall arrange for the preparation of each provisional ballot package with an appropriate number of provisional ballots, a corresponding number of envelopes with affirmation statements, and a corresponding number of written notices. Additional provisional ballots, envelopes, and notices shall be available for delivery to that election district on the day of the election, if necessary.
e. For a school election the provisional ballots shall be printed in ink. The provisional ballots shall be uniform in size, quality and type and of a thickness that the printing thereon cannot be distinguished from the back of the paper, and without any mark, device or figure on the front or back other than as provided in this act. Each such ballot shall include near the top thereof and in large type the designation PROVISIONAL BALLOT. In all other respects, the provisional ballots shall conform generally to the other ballots to be used in the election district for the school election.
The clerk of the county shall arrange for the preparation of each provisional ballot package with an appropriate number of provisional ballots, a corresponding number of envelopes with affirmation statements, and a corresponding number of written notices. Additional provisional ballots, envelopes, and notices shall be available for delivery to that election district on the day of the election, if necessary.
f. Following the effective date of P.L.2004, c.88 (C.19:61-1 et al.), a provisional ballot that requires the voter to punch out a hole in the ballot as a means of recording the voter's vote shall not be used in any election in this State.
g. (Deleted by amendment, P.L.2011, c.134).
(cf: 2020, P.L, c.70, s.7)
8. Section 9 of P.L.1999, c.232 (C.19:53C-3) is amended to read as follows:
9. Whenever a voter enters a polling place to vote on the day of an election and the circumstance of that voter matches the circumstance of a voter described in subsection b. of R.S.19:31-11, the district board shall query the voter and follow the appropriate procedure herein described. This section shall apply to the greatest extent possible to early voting sites. The Secretary of State may issue guidelines or regulations governing the application of this section to early voting.
a. If, at any time, the voter has moved from one residence to another in the same election district, the board shall permit the voter to vote at that polling place in the same manner as other voters at the polling place upon written affirmation by the voter to the district board.
b. If the voter has moved within a municipality but currently resides in an election district different from that listed for the voter by the commissioner of registration, the district board shall direct the voter to the appropriate election district and polling place for the voter and inform that person that: (1) the person must go to that polling place to vote; and (2) the person will be permitted to vote thereat by provisional ballot after completing an affirmation statement or by using any other manner of voting approved by the Secretary of State that ensures the security of the ballot and the electoral process as provided pursuant to R.S.19:31-6 for the voting on the day of the election or during the early voting period.
c. If the voter has moved within the county but currently resides in a municipality different from that listed for the voter by the commissioner of registration, the district board shall determine the appropriate election district and polling place for the voter and inform that person that: (1) the person must go to that polling place to vote; and (2) the person will be permitted to vote thereat by provisional ballot after completing an affirmation statement or by using any other manner of voting approved by the Secretary of State that ensures the security of the ballot and the electoral process as provided pursuant to R.S.19:31-6 for the voting on the day of the election or during the early voting period.
d. [If, on or before the 21st day prior to the day of the election, the voter has moved into the county from another county or state and has not registered to vote in that county, the board shall inform the voter that he is not eligible to vote in that county at that election.] (Deleted by amendment P.L. , c. ) (pending before the Legislature as this bill).
e. If, after the [21st] 30th day prior to the day of an election, the voter has moved into the county from another county in this State, the board shall inform the voter that: (1) the voter is not eligible to vote in the county where he resides currently at that election; and (2) the voter may be eligible to vote in the election district where the voter resided prior to moving to the voter's current residence.
f. If the voter's registration information has been marked by the county commissioner of registration to indicate a problem therewith, or if the voter's sample ballot has been returned as undeliverable to the county or municipal clerk, as the case may be, but the voter states that the voter has not moved prior to the day of an election, but instead continues to reside at the same address the voter resided at when voting previously, the voter shall be permitted to vote in such election district in the same manner as other voters at the polling place upon written affirmation to the district board of that election district.
g. If the voter's registration information is missing, the voter shall be permitted to vote by provisional ballot after completing the affirmation statement attached to the envelope provided with the provisional ballot or by any other means approved by the Secretary of State pursuant to R.S.19:31-6. A voter who does not display identification pursuant to R.S.19:31-6 for voting on the day of the election during the early voting period shall still be permitted to vote by provisional ballot after completing the affirmation statement attached to the envelope provided with the provisional ballot.
h. In accordance with the requirements of subsection (c) of section 302 of Pub.L.107-252 (42 U.S.C.s.15482), whenever a voter is voting as a result of a federal or State court order or any other order extending the time established for closing the polls in effect 10 days before the date of an election, the voter may vote only by provisional ballot. Any such ballot shall be separated by the county board from other provisional ballots cast at the election and the results shall be canvassed and recorded separately in the official canvas for the election.
i. Any person who, pursuant to subsection b. of R.S.19:15-17, votes by provisional ballot at the polling place because of his or her failure to provide required personal identification information shall be given until [the close of business on the second day after the election] 48 hours prior to the final certification of the results of the election to provide the applicable county commissioner of registration with the identification information. Failure to provide the required personal identification information within that time period shall result in the rejection of the ballot.
j. If the voter (1) has applied for a mail-in ballot and not received either the ballot or an explanation for not receiving such a ballot pursuant to notification by the county clerk or from the free-access system established pursuant to section 5 of P.L.2004, c.88 (C.19:61-5) to provide such information; or (2) has applied for and received a mail-in ballot and has not transmitted it to the county board of elections or given it to a bearer for delivery to the county board before the time for the opening of the polls on the day of an election, the voter shall be permitted to vote at that election by provisional ballot after completing the affirmation statement attached to the envelope provided with the provisional ballot.
k. If a person casts on the day of the election a provisional ballot at a polling place within the person's county of residence that is other than the person's assigned polling place, the person's ballot, if otherwise valid, shall count for the offices and public questions for which the person would otherwise have been eligible to cast a ballot based on that person's address.
(cf: P.L.2009, c.79, s.34)
9. Section 19 of P.L.1999, c.232 (C.19:53C-13) is amended to read as follows:
19. When the office of the commissioner of registration receives a provisional ballot bag that has been found to be in good order, the commissioner thereof shall first break the seal and open the bag. In any county where the superintendent of elections is the commissioner of registration, the county board of elections may sort the provisional ballots if so agreed to in advance by both the superintendent and the board. Envelopes marked "SPOILED" shall be set aside and remain unopened. The name, signature and other information contained on the form as supplied by a voter shall be compared with the name, signature and other information that the commissioner of registration has in the Statewide voter registration system for that voter, except for voters registering to vote at a polling place on the day of the election or at an early voting site pursuant to R.S.19:31-6 for whom no information exists in the Statewide voter registration system. No provisional ballot cast by a voter registering to vote at a polling place on the day of the election or at an early voting site pursuant to R.S.19:31-6 shall be rejected due solely to the absence of a pre-existing entry in the Statewide voter registration system. No affirmation statement shall be separated from a provisional ballot envelope until all affirmation statements have been reviewed by the commissioner of registration. Voters registering to vote at a polling place on the day of the election or at an early voting site consistent with R.S.19:31-6 shall have their information added to the Statewide voter registration system after review of the affirmation statement by the commissioner of registration. After a comparison of the voter's address is completed by the commissioner of registration and prior to separating the affirmation statement from the envelope and counting the ballot, the letter "p" shall be placed adjacent to the voter's name in the Statewide voter registration system and on the signature copy register together with the name of the municipality in which the voter voted the provisional ballot. If two provisional ballots from the same voter are received, both such ballots shall not be counted, the affirmation statements shall not be separated from the envelopes, and the ballots shall be put aside for further investigation.
Whenever the address supplied by the voter on the affirmation statement does not match the address for such a person contained in the Statewide voter registration system, but it is clear that the circumstance of a voter matches the circumstance of a voter described in subsection b. of R.S.19:31-11, the updated information on the affirmation statement shall be recorded and shall constitute a transfer by the voter to a new address for any subsequent election.
If a voter registering to vote at a polling place on the day of the election or at an early voting site pursuant to R.S.19:31-6 casts a provisional ballot and fails to display identification when casting the provisional ballot, the provisional ballot shall nevertheless still be processed and counted, if otherwise valid, if either of the following occurs by 48 hours prior to the final certification of the results of the election: (i) the county commissioner of registration is able to verify the accuracy of the person's New Jersey driver's license number or non-driver identification number from the Motor Vehicle Commission database, or the last four digits of the person's Social Security Number, as provided as part of the provisional ballot affirmation statement; or (ii) the voter provides identification acceptable under R.S.19:31-6 to the applicable county commissioner of registration.
When a person registering to vote at a polling place on the day of the election or at an early voting site pursuant to R.S.19:31-6 casts a provisional ballot and fails to display identification when casting the provisional ballot, the county commissioner of registration shall promptly attempt to verify the accuracy of the person's New Jersey driver's license number or non-driver identification number from the Motor Vehicle Commission database, or the last four digits of the person's Social Security Number, provided as part of the provisional ballot affirmation statement. If the county commissioner of registration is unable to verify this information, the county commissioner of registration shall within 24 hours notify the person by mail or e-mail and telephone (if available) that the person is required to provide identification acceptable under R.S.19:31-6 by 48 hours prior to the final certification of the results of the election in order for their ballot to be counted.
After the examination of the affirmation statement by the commissioner of registration, the county board of elections shall determine if a provisional ballot voter is legally entitled to have voted and if a provisional ballot conforms to the requirements established by law.
The members of the county board shall then proceed to count and canvass the votes cast on each provisional ballot only after all of the provisional ballots cast in the county have been subjected to the verification process by the county commissioner of registration. Immediately after the canvass is complete, the county board of elections shall certify the results of the canvass to the county clerk or municipal clerk or other appropriate officials, as the case may be, showing the results of the canvass by municipality.
The outside front of each envelope that contains a voided provisional ballot shall have the word "VOID" written next to the circled number.
Unless provided otherwise by this section, all provisional ballot materials shall be processed by the county board of elections in accordance with the procedures established for absentee ballots pursuant to section 31 of P.L.1953, c.211 (C.19:57-31).
(cf: P.L.2005, c.145, s.20)
10. (New Section) The Secretary of State may promulgate any guidelines or regulations necessary to effectuate the purposes of this act, which regulations shall be effective immediately upon filing with the Office of Administrative Law for a period not to exceed 18 months, and shall, thereafter, be amended, adopted, or readopted in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
11. This act shall take effect on January 1 next following enactment, except the Secretary of State may take any anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill allows for voter registration at polling places on election day or at early voting sites during the early voting period.
Under current law, a person must register to vote at least 21 days before the election. This bill allows a person who has not registered to vote by that deadline to register at a polling place on the day of the election or at an early voting site during the early voting period. This bill also allows a person to cast a provisional ballot if the person has registered to vote within the period of 21 days before the election if the person can affirm that the person has not previously voted in that election. If the county commissioner of registration is not able to verify the person's Motor Vehicle Commission New Jersey driver's license number or non-driver identification number, or the last four digits of the person's Social Security Number, the county commissioner of registration will notify the person by mail, e-mail, or telephone within 24 hours that they must provide valid identification no later than 48 hours prior to the final certification of the results of the election in order for their ballot to be counted.
