SJR11

A Joint Resolution creating the “New Jersey Elections Technology Study Task Force.”

Whereas, The right to vote for our leaders, to have our votes counted correctly, and the need to have complete trust in our methods of voting is of fundamental importance to the integrity of our democratic form of government in this nation and State; and

Whereas, The federal “Help America Vote Act” (HAVA) provided millions of dollars to every state, including New Jersey, to enable local jurisdictions to purchase new voting systems that were secure, reliable and easy for voters to use; and

Whereas, Now, more than a dozen years after HAVA, those voting machines are nearing the end of their useful existence, with breakdowns increasing, their technology outdated, and fears arising about their growing vulnerability to hackers and others intent on committing fraud; and

Whereas, At the same time, the demands placed on voting systems by new laws and on the poll workers who operate those systems for the public is growing, and the cost of replacing voting machines is escalating, at a time when state and local budgets remain severely strained due to the lingering effects of the recent economic downturn; and

Whereas, Many elections experts, including the Presidential Commission on Elections Administration, are very concerned that the need of every state, including New Jersey, to replace their aging voting systems is leading to an emerging crisis that the general public is not aware of and will remain ignorant of until a disputed election exposes the problems at the heart of the voting systems used in this nation and State; and

Whereas, It is in the public interest and of benefit to the voters of this State to create a task force to study the current need for updating and replacing the voting systems used currently in this State, consider what voting technology would be appropriate, estimate their replacement costs and suggest ways to pay for such equipment, and report the results of this study to the Governor and the Legislature, with recommendations where appropriate; now, therefore,

Be It Resolved by the Senate and General Assembly of the State of New Jersey:

1. There is created a task force to be known as the “New Jersey Elections Technology Study Task Force.”

2. The task forceshall consist of 13 members as follows: two members of the Senate to be appointed by the President of the Senate, which members shall not be from the same political party; two members of the General Assembly, to be appointed by the Speaker of the General Assembly, which members shall not be from the same political party; two county clerks, one to be appointed by the President of the Senate and the other by the Speaker of the General Assembly, who shall not be of the same political party; two county superintendents of elections, one to be appointed by the President of the Senate and the other by the Speaker of the General Assembly, who shall not be of the same political party; two representatives of county boards of elections, one to be appointed by the President of the Senate and the other by the Speaker of the General Assembly, who shall not be of the same political party;one person serving on the faculty of a college or university in this State with particular expertise in elections administration, elections technology, or both, to be appointed jointlyby the President of the Senate and the Speaker of the General Assembly; and two members of the general public with a demonstrable familiarity with voting and elections technology, one of whom shall be appointed by the President of the Senate and one of whom is to be appointed by the Speaker of the General Assembly. To the greatest extent possible, the appointments shall represent different parts of the State and its variations in population density. The Director of the Division of Elections in the Department of State shall serve as an ex officio, non-voting member and shall provide information and expertise as needed by the task force.

3. All appointments to the task force shall be made within 30 days after the date of enactment of P.L. , JR (pending before the Legislature as this bill). Vacancies in the membership of the task force shall be filled in the same manner as the original appointments were made. Members of the task force shall serve without compensation but shall be entitled to their actual and necessary expenses incurred in the performance of their duties pursuant to this joint resolution within the limit of funds appropriated or otherwise made available to the task force for its purposes.

4. The task force shall organize within 30 days after the appointment of its members and shall select a chair and vice chair from among its members. The task force may also appoint a secretary who need not be a member of the task force.

5. The Office of Legislative Services shall provide staff services necessary to support the functions of the task force. The task force shall be entitled to call to its assistance and avail itself of the services of the employees of any State department, board, bureau, commission or agency, including the Division of Elections, as it may require and as may be available to it for its purposes.

6. It shall be the duty of the task force to study and make findings and recommendations to the Governor and to the Legislature with regard to:

1) the age and condition of the voting systems used currently in the State, including their strengths and potential vulnerabilities;

2) what will be required from new voting systems and the personnel who operate and service such systems during the next 20 years;

3) the factors that must be considered and satisfied to adopt new voting technology in this State, from the perspective of the State and local administrators of the system and the voters who will use the system;

4) the voting system or voting systems that the task force believes will satisfy the legal, practical and security concerns of all parties involved with the administration, testing, and use of voting systems in this State;

5) whether the State should encourage all counties to purchase the same voting system, or whether the counties should establish joint purchasing agreements to secure new voting systems or use the current procurement procedures for such purchases;

6) whether simple fixes, or ‘low tech’ solutions to existing voting technology should be considered and adopted;

7) the feasibility of mandating that the State take on the development of its own voting system, or any part thereof;

8) the estimated cost of the different viable options available to replace existing voting systems, including any system or systems recommended by the task force;

9) ways in which one or more new voting systems could be funded by the State, the federal government or by other means;

10) ways in which the tabulation and reporting of votes could be done more efficiently and effectively, and in a timely manner, throughout the State;and

11) such other topics relative to elections technology and voting systems as the task force shall deem appropriate.

7. The task force shall meet monthly and shall hold at least three public hearings for the purpose of taking testimony regarding matters before the task force. The public hearings shall be held in three separate locations throughout the State, one within the northern part of the State, one within the central part of the State, and one within the southern part of the State. For the purposes of this paragraph: "northern" means the counties of Bergen, Essex, Hudson, Morris, Passaic, Sussex, or Union; "central" means the counties of Hunterdon, Mercer, Middlesex, Monmouth, Somerset, or Warren; and "southern" means the counties of Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Ocean, or Salem.

8. The task force shall prepare and issue a final report containing its findings and recommendations to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), no later than one year following its organizational meeting. The task force shall expire upon submission of the final report.

9. This joint resolution shall take effect immediately.

STATEMENT

This joint resolution creates the “New Jersey Elections Technology Study Task Force.”

The purpose of the task force will be to study and make findings and recommendations to the Governor and to the Legislature with regard to:

1) the age and condition of the voting systems used currently in the State, including their strengths and potential vulnerabilities;

2) what will be required from new voting systems and the personnel who operate and service such systems during the next 20 years;

6) whether simple fixes, or “low tech” solutions to existing voting technology should be considered and adopted;

7) the feasibility of mandating that the State take on the development of its own voting system, or any part thereof;

8) the estimated cost of the different viable options available to replace existing voting systems, including any system or systems recommended by the commission;

9) ways in which one or more new voting systems could be funded by the State, the federal government or by other means;

10) ways in which the tabulation and reporting of votes could be done more efficiently and effectively, and in a timely manner, and

11) such other topics relative to elections technology and voting systems as the task force deems appropriate.

The joint resolution specifies that the task force will consist of 13 members, with the Director of the Division of Elections in the Department of State serving ex-officio; two members of the Senate to be appointed by the President of the Senate, which members may not be from the same political party; two members of the General Assembly, to be appointed by the Speaker of the General Assembly, which members may not be from the same political party; two county clerks, one to be appointed by the President of the Senate and the other by the Speaker of the General Assembly, who shall not be of the same political party; two county superintendents of elections, one to be appointed by the President of the Senate and the other by the Speaker of the General Assembly, who shall not be of the same political party; two representatives of county boards of elections, one to be appointed by the President of the Senate and the other by the Speaker of the General Assembly, who shall not be of the same political party; one person serving on the faculty of a college or university in this State with particular expertise in elections administration, elections technology, or both, to be appointed jointly by the President of the Senate and the Speaker of the General Assembly; and two members of the general public with a demonstrable familiarity with voting and elections technology, one of whom shall be appointed by the President of the Senate and one of whom is to be appointed by the Speaker of the General Assembly. To the greatest extent possible, the appointments are to represent different parts of the State and its variations in population density.

The commission is to meet monthly and hold at least three public hearings. It is to prepare and issue a final report containing its findings and recommendations to the Governor, and to the Legislature, no later than one year following its organizational meeting.