S2777

An Act concerning voter registration on election day 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. a. As used in this section:

“Applicant” means any person otherwise eligible to vote, but who is not registered to vote and is applying for such registration in person at the applicant’s assigned polling place on the day of an election pursuant to this section.

“Identifying document” means (1) a current and valid photo identification card; (2) a current utility bill, bank statement, government check or pay check; (3) any other government document that shows the applicant's name and current address; or (4) any other identifying document that the Secretary of State has determined to be acceptable for this purpose, as provided under R.S.19:31-5.

b. Notwithstanding any other law to the contrary, an applicant may register to vote on the day of any municipal, primary, or general election at the polling place to which the applicant is assigned by:

(1) presenting or submitting a copy of an identifying document;

(2) completing an appropriate voter registration form; and

(3) submitting an affidavit in which the applicant declares that the applicant is not already properly registered to vote, has lived in the county in which he or she is voting for at least 30 days, has not previously voted in the election being held on that day, and upon voting will not thereafter vote in that election.

The commissioner of registration shall furnish to each polling place voter registration forms and affidavit forms for the purposes of this section.

c. The commissioner of registration shall designate an individual in each polling place to receive and review the forms and affidavits provided for in subsection b. of this section. The designee shall read to an applicant, prior to accepting the forms and affidavits, the penalty provision for voter fraud provided for under subsection f. of this section. The designee shall issue a temporary registration certificate to a qualified applicant. The certificate shall be in triplicate with one copy to be retained by the designee, one copy to be retained by the district board, and one copy to be retained by the applicant. The applicant shall be permitted to vote by provisional ballot only. The members of the district board and any duly authorized challenger may challenge such a newly registered voter pursuant to R.S.19:15-18 through R.S.19:15-24.

d. Each designee of the commissioner of registration shall deliver to the commissioner, no later than two days after the election, all forms and affidavits signed and received pursuant to this section. Upon receipt of the voter registration forms completed pursuant to this section, the commissioner shall:

(1) send to the registrant written notification that such registrant is duly registered to vote. 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 two days, return to the Commissioner of Registration;”

(2) paste, tape, or photocopy the completed registration form onto an original registration form, and 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 registration form on file; and

(3) in the case of a registrant currently registered in another county of this State, notify the commissioner of registration of such other county to delete such registrant’s name from the list of persons registered in such other county.

The commissioner shall notify a registrant of the reasons for any refusal to approve his or her registration.

e. Not later than 25 days after each municipal, primary, or general election, the commissioner of registration in counties having a superintendent of elections and the county board of elections in all other counties shall investigate and verify the registration of voters registered pursuant to this section at the most recent municipal, primary, or general election whose notification is returned by the post office as undeliverable, in order to determine the extent, if any, of violations of Title 19 of the Revised Statutes.

f. An applicant who willfully or fraudulently registers more than once, or who registers under any but the applicant’s true name, or attempts to vote more than once, or who willfully registers in any election district where the applicant is not a resident at the time of registering, is guilty of a crime of the fourth degree. Any person who aids and abets an applicant in violating the provisions of this section is guilty of a crime of the fourth degree.

2. This act shall take effect on January 1 next following the date of enactment.

STATEMENT

This bill allows a person eligible to vote to register on the day of a municipal, primary, or general election at the person’s assigned polling place, and to vote in that election. An applicant would be required to present an identifying document as specified under R.S.19:31-5, complete a voter registration form, and sign an affidavit declaring that he or she is not already properly registered to vote, has lived in the county for at least 30 days, has not previously voted in the election being held on that day, and upon voting will not vote again in that election. A designee of the county commissioner of registration would then issue a temporary registration certificate to a qualified applicant, who would be permitted to vote by provisional ballot at that election. Within two days after the election, the commissioner of registration would notify the applicant by mail that he or she is registered to vote. The bill also provides for the investigation and verification of the voter registration forms of voters who registered on election day if the notification of voter registration is returned by the post office as undeliverable.