S3594 SCS

An Act concerning the reporting of election results, amending and supplementing P.L.2018, c.110, and making an appropriation.

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

1. Section 1 of P.L.2018, c.110 (C.19:52-3.1) is amended to read as follows:

1. [The] a. On the day of each primary and general election, the district boards of election at each polling place shall create and publicly display a notice containing an [official] unofficial count of the cumulative number of voters who have voted at each [precinct] election district, indicating the number of voters who have voted at the election district using a voting machine or voting equipment and the number of voters who have voted using a provisional ballot. The first notice shall be produced two hours from the opening of the polls and updated every two hours thereafter until the time the polls close.

b. (1) By 11:59 p.m. on the day of each primary and general election, and by 9 p.m. of every day thereafter until all eligible ballots have been counted and the election is certified, each county clerk, in consultation with the county board of elections of that county, shall list in an easily accessible location on the county clerk’s Internet site an unofficial report detailing the number and types of ballots that have been received and, to the extent practicable, the number and types of ballots that have been counted, and that remain to be counted in that election. The reports required by this subsection shall include a date and time stamp designating the date and time of each report, except that nothing in this subsection shall be interpreted to require the county board of elections in each county to conduct the count of ballots on a daily basis. Each report shall detail, at the legislative district, municipal, and county levels, the following categories of information:

(a) for the in-person early voting period, the number of early voting machines or voting equipment deployed, the number of early voting machines or voting equipment not included in the tally, and the total number of votes cast during the early voting period;

(b) for the election day vote, the number of election day voting machines or voting equipment deployed, the number of election day voting machines or voting equipment not included in the tally, and the total number of votes cast in person on election day; and

(c) for the vote-by-mail vote, the number of vote-by-mail ballots that have been issued and received into the Statewide Voter Registration System, as well as the vote-by-mail ballots that have been tallied and that remain to be processed.

(2) Each county clerk, in consultation with the county board of elections of that county, shall send to the Secretary of State the reports required to be created and posted pursuant to paragraph (1) of this subsection at the time of each posting. Upon receiving each report, the Secretary of State shall provide in an easily identifiable location on the Internet site of the Division of Elections, access to the county by county totals for each category included in the reports. The county by county totals required to be created and posted under this paragraph shall include a date and time stamp designating the date and time of the posting.

(3) With each report and posting required pursuant to this subsection, each county clerk and the Division of Elections shall note on their respective Internet sites that the reports and postings are unofficial and subject to change as each county clerk and county board of elections, as appropriate, receive and process ballots that have been cast in the election. The unofficial tally of election results and the daily reports shall not be interpreted to serve as the legal basis for the contest of any election. The Secretary of State, in consultation with county clerks and county boards of elections, shall promulgate uniform guidelines for all county clerks to follow in creating the reports and postings required by this subsection. In addition to the uniform guidelines, the Secretary of State shall develop a template for standardized reporting for all counties to follow.

(4) (a) On the day after each primary and general election, and by 9 p.m. of every day thereafter, each county clerk, in consultation with the commissioner of registration and the county board of elections of that county, shall list in an easily identifiable location on the county clerk’s Internet site, an unofficial report of the total number of provisional ballots cast during the early voting period and on election day, which unofficial report shall be generated using the electronic poll book software.

(b) Beginning on the seventh day after each primary and general election, each county clerk, in consultation with the commissioner of registration and the county board of elections of that county, shall list in an easily identifiable location on the county clerk’s Internet site, an unofficial report detailing the number of eligible provisional ballots that have been received. The reporting required by this subparagraph shall be updated by 9 p.m. on the date of such report and by 9 p.m. every day thereafter with the number of eligible provisional ballots that have been counted until all eligible provisional ballots have been counted and the election is certified.

(cf: P.L.2018, c.110, s.1)

2. (New section) a. Upon the certification of the results of a primary or general election, each county clerk, in consultation with the commissioner of registration and the county board of elections of that county, shall list in an easily identifiable location on the county clerk’s Internet site, the district level results for the in-person early voting period, the election day vote, and the vote-by-mail vote.

b. Whenever the reporting requirements of this subsection or section 1 of P.L.2018, c.110 (C.19:52-3.1) 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, provided that the election results posted on the respective websites shall contain a disclosure stating that the results reported for some individual districts reflect measures to protect the privacy of the vote while the general tally accurately reflects the results.

3. There is appropriated from the General Fund to the Department of State the sum of $1,500,000 for the purposes of effectuating the provisions of this act, P.L. , c. (pending before the Legislature as this bill).

4. This act shall take effect after the 2023 primary election and shall apply to the 2023 general election and all elections thereafter.