S4600

An Act concerning mail-in ballots, amending various parts of the statutory law, and supplementing P.L.2009, c.79.

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

1. Section 1 of P.L.2021, c.40 (C.19:15A-1) is amended to read as follows:

1. a. In addition to all other forms of voting provided for by this Title, a registered voter shall be permitted to vote at a specially designated polling place before the day of certain primary and general elections in this State. This procedure shall be known as early voting. The early voting period shall:

(1) start on the seventh calendar day before a non-presidential primary election for a non-presidential general election and end on the second calendar day before that non-presidential primary election;

(2) start on the seventh calendar day before a presidential primary election for a presidential general election and end on the second calendar day before that presidential primary election; or

(3) start on the 10th calendar day before a general election and end on the second calendar day before that general election.

The voting process during the early voting period shall be conducted using electronic poll books and optical-scan voting machines that read hand-marked paper ballots or other voting machines that produce a voter-verifiable paper ballot. Any municipality conducting regular municipal elections in May pursuant to the provisions of the "Uniform Nonpartisan Elections Law," P.L.1981, c.379 (C.40:45-5 et seq.), may, by an ordinance adopted by its governing body, also conduct early voting for the regular municipal election, in accordance with the provisions of this act, P.L.2021, c.40 (C.19:15A-1 et al.). If adopted by a municipal governing body, the early voting period for a regular municipal election in May shall start on the 4th calendar day before the regular municipal election and end on the second calendar day before that regular municipal election. An early voting period shall only be permitted for a non-presidential or presidential primary election and a general election in this State and, if adopted by a municipal governing body, a regular municipal election conducted in May. Pursuant to the provisions of this act and Title 19 of the Revised Statutes and in accordance with procedures that may be established by the Secretary of State for verifying eligible voters, each county board of elections shall verify that a registered voter is qualified to vote in the election and shall prescribe the manner by which a registered voter may vote during such period. Mail-in voters wishing to vote in person during the early voting period shall comply with the requirements of chapter 63 of Title 19 of the Revised Statutes.

b. (1) For the primary and the general election, each county board of elections shall designate at least three, but not more than five, public locations within each county as the sites for early voting to occur, except that the county board shall designate at least five, but not more than seven, public locations for early voting if the number of registered voters in the county is at least 150,000 but less than 300,000, and shall designate at least seven, but not more than 10, public locations for early voting if the number of registered voters in the county is 300,000 or more. This provision shall not be interpreted to prevent county boards of elections, at their discretion, from establishing additional locations in excess of the five, seven, or 10 location limits respectively set forth herein; provided, however, that the State shall be required to provide reimbursement for the costs of locations up to and including the five, seven, or 10 respective limits established herein, and shall not be required to provide reimbursement for additional locations beyond those limits under section 6 of this act, P.L.2021, c.40 (C.19:15A-6). The number of registered voters in each county shall be determined ahead of the selection of early voting sites pursuant to a uniform standard which shall be developed by the Secretary of State through the rulemaking process pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). Whenever possible, early voting locations shall be geographically located so as to ensure both access in the part of the county that features the greatest concentration of population, according to the most recent federal decennial census of the United States, and access in various geographic areas of the county. All early voting locations shall be public facilities, such as county courthouses, public libraries and the offices of the municipal clerk, county clerk, and county board of elections, or places of public accommodation as provided under Title 10 of the Revised Statutes. No public school building and no building used as a public school, as that term is defined under N.J.S.18A:1-1, shall, however, be designated as an early voting location. The locations shall be designated at the same time as all other polling places are designated by the board of elections. In the event of a tie vote among members of the county board with respect to the selection of sites for early voting, the county clerk shall cast the deciding vote. Once early voting locations are designated in each county, county boards of election shall evaluate and, if deemed necessary, revise these locations in order to accommodate significant changes in the number of registered voters within each county, reflect the population distribution and density within each county, or because of similar circumstances. The Secretary of State may develop the criteria to be used by county boards of election to revise the location of early voting sites and shall prescribe how often such revision shall take place.

A voter shall be permitted to vote at any early voting site in the voter's county.

(2) Whenever a municipality that conducts regular municipal elections in May chooses to participate in early voting for the regular municipal election, the county board of elections shall designate at least one public location, but not more than three public locations, within the municipality as the site or sites for early voting to occur. This provision shall not be interpreted to prevent a county board of elections, at its discretion, from establishing additional locations in excess of the three location limit set forth herein; provided, however, that the State shall be required to provide reimbursement for the costs of locations up to and including the three location limit established herein, and shall not be required to provide reimbursement for additional locations beyond that limit under section 6 of this act, P.L.2021, c.40 (C.19:15A-6). Whenever possible, each such location shall be geographically located in the part of the municipality that features the greatest concentration of population, according to the most recent federal decennial census of the United States. All early voting locations shall be public facilities, such as municipal courthouses and the offices of the municipal clerk, or places of public accommodation as provided under Title 10 of the Revised Statutes. No public school building and no building used as a public school, as that term is defined under N.J.S.18A:1-1, shall be designated as an early voting location. The locations shall be designated at the same time as all other polling places are designated by the board of elections. In the event of a tie vote among members of the county board with respect to the selection of sites for early voting, the municipal clerk shall cast the deciding vote. Once early voting locations are designated in each municipality, county boards of election shall evaluate and, if deemed necessary, revise these locations in order to accommodate significant changes in the number of registered voters within each municipality, reflect the population distribution and density within each municipality, or because of similar circumstances. The Secretary of State may develop the criteria to be used by county boards of election to revise the location of early voting sites and shall prescribe how often such revision shall take place.

A voter shall be permitted to vote at any early voting site in the voter's municipality.

c. Each early voting site in a county or municipality shall be open for early voting on Monday through Saturday from at least 10 AM to 8 PM, and on Sunday from at least 10 AM to 6 PM. Any voter who is on line at the time scheduled for the closing of an early voting site shall be permitted to vote.

d. The election officers responsible for conducting early voting shall be the same as those responsible for conducting a primary and a general election, as appropriate, pursuant to this Title. The number of such officers and their hours of service shall be as determined by each county board of elections. The compensation for such officers shall be the same as provided to district board of election members serving at a school election pursuant to R.S.19:45-6, or that required pursuant to Article I, paragraph 23 of the New Jersey Constitution, whichever is greater.

e. The restrictions governing the conduct of voters at a polling place on the days that early voting occurs, the procedures governing who is permitted in a polling place on such occasions and the prohibition on electioneering within 100 feet of a polling place during an election, shall be as provided in chapters 15, 34, 50 and 52 of Title 19 of the Revised Statutes and every other applicable section of this Title.

f. In real time using the electronic poll books each day during the early voting period, and prior to the start of each regularly scheduled primary and general election, and regular municipal election in each non-partisan municipality choosing to participate in early voting, each county board shall make such changes as may be necessary to the voter's record in the Statewide voter registration system to indicate that a voter has voted in that election using the early voting procedure.

g. (1) Each county board shall be responsible for forming and executing a written plan to ensure, to the greatest extent possible, the integrity of the voting process and the security of ballots used during the early voting period, including the security of voting machines, voted ballots, and election records. The plan shall be based on guidelines established by the Secretary of State and shall be submitted thereto no later than December 15 of each year. The Secretary of State shall review and, if deemed necessary thereby, require changes to a plan no later than February 1 of each year. Each plan shall specify a chain of custody and security plan for the voting machines, and a chain of custody for the voted ballots and election records and materials, and shall require, among other specifications deemed necessary by the Secretary of State and county boards of election, that all voted ballots shall be transferred at the end of each early voting day to county boards of election for safekeeping. After the voted ballots are transferred to the county board of elections at the end of each early voting day, a county board may elect to impound those voted ballots on a secure server, or by any other means deemed appropriate by the Secretary of State. The voted ballots shall not be canvassed until the closing of the polls on election day as required pursuant to section 4 of this act, P.L.2021, c.40 (C.19:15A-4). The results of the voted ballots cast during early voting shall remain confidential and shall be disclosed only in accordance with the provisions of Title 19 of the Revised Statutes, regulations, and guidelines concerning the disclosure of election results, and a violation shall be subject to the penalties established by law.

(2) Notwithstanding the provisions of this subsection, in the year in which P.L.2021, c.40 (C.19:15A-1 et al.) becomes law, each county board shall submit its plan to the Secretary of State within 30 days following the effective date of this act and the Secretary of State shall review it and, if deemed necessary thereby, require changes in the plan within 45 days following the effective date of this act.

h. Each county board shall make certain that each polling place used for early voting shall be accessible to individuals with disabilities and the elderly, in compliance with the "Americans with Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.), and that each polling place provides such voters, including the blind and visually impaired, the same opportunity for access and participation, including privacy and independence, as other voters in compliance with the "Help America Vote Act of 2002" (42 U.S.C. s.15481).

i. The Secretary of State shall establish a printing on demand ballot and elections system. At a minimum, the system shall be compatible with the Statewide voter registration system established pursuant to section 1 of P.L.2005, c.145 (C.19:31-31) and any electronic poll books provided by section 1 of P.L.2019, c.80 (C.19:31-35). Each polling place used for early voting shall have a computer, tablet, or other electronic device to print provisional ballots for voters required to vote by provisional ballot in accordance with the provisions of Title 19 of the Revised Statutes or due to an equipment malfunction as further provided under section 3 of P.L.2019, c.80 (C.19:31-37), or any other election related material, if needed. A computer, tablet, or other electronic device and the printer used to print election materials at a polling place shall not be used unless it has been certified by the Secretary of State. The Secretary of State shall adopt and publish standards and regulations governing the certification and use of computer, tablets, or other electronic devices and printers to print election materials at each polling place used for early voting. The Secretary of State shall not certify a computer, tablet, or other electronic device or printer unless it is in compliance with the secretary's standards.

j. Each polling place used for early voting shall also have such appropriate supplies, ballots and other materials deemed necessary by the Secretary of State or as is required currently for a polling place on the day of any election by Title 19 of the Revised Statutes.

(cf: P.L.2025, c.23, s.2)

2. Section 16 of P.L.1974, c.30 (C.19:31-6.4) is amended to read as follows:

16. a. The Secretary of State shall cause to be prepared and shall provide to each county commissioner of registration forms of size and weight suitable for mailing, which shall require the information required by R.S.19:31-3 in substantially the following form:

VOTER REGISTRATION APPLICATION

Print clearly in ink. Use ballpoint pen or marker.

(1) This form is being used as:

[ ] New registration

[ ] Address change

[ ] Name change

(2) Name:.....................................................

...............Last First Middle

(3) Are you a citizen of the United States of America? []Yes []No

(4) Will you be 18 years of age on or before election day? []Yes [] No

If you checked 'No' in response to either of these questions, do not complete this form.

(5) Street Address where you live:

.........................................................

Street Address Apt. No.

.........................................................

(6) City or Town County Zip Code

(7) Address Where You Receive Your Mail (if different from above):

............................................................

(8) Date of Birth:

......................................................

Month Day Year

(9) (a) Telephone Number (optional)......................

(b) E-Mail Address (optional).....................

(10) Name and address of Your Last Voter Registration

............................................................

(11) If you are registering by mail to vote and will be voting for the first time in your current county of residence, please provide one of the following:

(a) your New Jersey driver's license number:................................

(b) the last four digits of your Social Security Number....................

OR submit with this form a copy of any one of the following documents: a current and valid photo identification card; a current utility bill, bank statement, government check, pay check or any other government or other identifying document that shows your name and current address. If you do not provide either your New Jersey driver's license number or the last four digits of your Social Security Number, or enclose a copy of one of the documents listed above, you will be asked for identification when voting for the first time, unless you are exempt from doing so under federal or State law.

(12) Do you wish to declare a political party affiliation? (Optional):

[] YES. Name of Party:

[] NO. I do not wish to declare a political party affiliation at this time.

(13) [[] I wish to receive a Mail-in Ballot for all future elections, until I request otherwise in writing.

(14) ] Declaration - I swear or affirm that:

I am a U.S. citizen.

I live at the above address.

I will be at least 18 years old on or before the day of the next election.

I am not serving a sentence of incarceration due to a conviction for an indictable offense under any federal or State laws.

I UNDERSTAND THAT ANY FALSE OR FRAUDULENT REGISTRATION MAY SUBJECT ME TO A FINE OF UP TO $15,000, IMPRISONMENT UP TO FIVE YEARS, OR BOTH PURSUANT TO R.S.19:34-1.

...........................................................

Signature or mark of the registrant Date

[(15)] (14) If applicant is unable to complete this form, print the name and address of individual who completed this form.

...................................................

Name

...................................................

Address

In addition, the form may include notice to the applicant of information and options relating to the registration and voting process, including but not limited to notice of qualifications required of a registered voter; notice of the final day by which a person must be registered to be eligible to vote in an election; notice of the effect of a failure to provide required identification information; a place at which the applicant may indicate availability for service as a member of the district board of elections; a place at which the applicant may indicate whether he or she requires a polling place which is accessible to individuals with disabilities and the elderly or whether he or she is legally blind; a place at which the applicant may indicate a desire to receive additional information concerning voting by mail; notice that each registered voter will automatically receive a mail-in ballot for all future elections unless the voter notifies the county clerk in writing that the voter no longer wants to receive a mail-in ballot; and if the application indicates a political party affiliation, the voter is permitted to vote in the primary election of a political party other than the political party in which the voter was affiliated previously only if the voter registration form with the change of political party affiliation is filed prior to the 50th day next preceding the primary election. The form may also include a space for the voter registration agency to record whether the applicant registered in person, by mail or by other means.

b. The reverse side of the registration form shall bear the address of the Secretary of State or the commissioner of registration to whom such form is supplied, and a United States postal permit the charges upon which shall be paid by the State.

c. The Secretary of State shall cause to be prepared registration forms of the size, weight and form described in subsection a. of this section in both the English and Spanish language and shall provide such forms to each commissioner of registration of any county in which there is at least one election district in which bilingual sample ballots must be provided pursuant to R.S.19:14-21, R.S.19:49-4 or section 2 of P.L.1965, c.29 (C.19:23-22.4).

d. The commissioner of registration shall furnish such registration forms upon request in person to any person or organization in such reasonable quantities as such person or organization shall request. The commissioner shall furnish no fewer than two such forms to any person upon request by mail or by telephone.

e. Each such registration form shall have annexed thereto instructions specifying the manner and method of registration[, and the vote by mail option specified on the form,] and stating the qualifications for an eligible voter.

f. The Secretary of State shall also furnish such registration forms and such instructions to the Director of the Division of Workers' Compensation, the Director of the Division of Employment Services, and the Director of the Division of Unemployment and Temporary Disability Insurance in the Department of Labor and Workforce Development; to the Director of the Division of Taxation in the Department of the Treasury; to the Executive Director of the New Jersey Transit Corporation; to the appropriate administrative officer of any other public agency, as defined by subsection a. of section 15 of P.L.1974, c.30 (C.19:31-6.3); to the Adjutant General of the Department of Military and Veterans' Affairs; and to the chief administrative officer of any voter registration agency, as defined in subsection a. of section 26 of P.L.1994, c.182 (C.19:31-6.11).

g. All registration forms received by the Secretary of State in the mail or forwarded to the Secretary of State shall be forwarded to the commissioner of registration in the county of the registrant. [Each such form, and any registration form received otherwise by a commissioner of registration, shall be forwarded to the county clerk if the vote by mail option is selected on a form.]

h. An application to register to vote received from the New Jersey Motor Vehicle Commission or a voter registration agency, as defined in subsection a. of section 26 of P.L.1994, c.182 (C.19:31-6.11), shall be deemed to have been timely made for the purpose of qualifying an eligible applicant as registered to vote in an election if the date on which the commission or agency shall have received that document in completed form, as indicated in the lower right hand corner of the form, was not later than the 21st day preceding that election.

i. Each commissioner of registration shall make note in the permanent registration file of each voter who is required to provide the personal identification information required pursuant to this section, as amended, and R.S.19:15-17, R.S.19:31-5 and Pub.L.107-252 (42 U.S.C.s. 15301 et seq.), to indicate the type of identification provided by the voter and the date on which it is provided. Prior to the June 2004 primary election, when such a newly registered voter seeks to vote for the first time following his or her registration, the voter will be required to provide such personal identification information. Beginning with the June 2004 primary election, when such a newly registered voter seeks to vote for the first time following his or her registration, the voter will not be required to provide such information if he or she had previously provided the personal identification information required pursuant to this section. The required information shall be collected and stored for the time and in the manner required pursuant to regulations promulgated by the Secretary of State.

j. The Secretary of State shall amend the voter registration application form if necessary to conform to the requirements of applicable federal or State law.

k. In the event that the name of any political party entered on the voter registration form by a voter who wishes to declare a political party affiliation is not legible, the commissioner of registration shall mail the voter a political party declaration form and a letter explaining that the voter's choice was not understood and that the voter should complete and return the declaration form in order to be affiliated with a party.

(cf: P.L.2019, c.270, s.3)

3. Section 1 of P.L.2019, c.382 (C.19:31-6.4c) is amended to read as follows:

1. Notwithstanding any other provision of law to the contrary, a person who is qualified to register to vote may submit a voter registration form electronically on a secure Internet website maintained by the Secretary of State, if the applicant has an email address and provides a valid New Jersey driver's license number, a valid New Jersey nondriver identification card number, or the last four digits of the applicant's Social Security number. The voter registration form shall contain substantively the same information required to be contained on a paper voter registration form pursuant to section 16 of P.L.1974, c.30 (C.19:31-6.4). The voter registration form available electronically shall also enable a person who is qualified to register to vote, and a person who is registered to vote, to declare a political party affiliation and to make changes to that affiliation, with an option to indicate no affiliation with any political party, by updating the online voter registration form. Beginning on January 1, 2026 and thereafter, within 180 days of the effective date of P.L. , c. (pending before the Legislature as this bill), the voter registration form available electronically shall enable a person who is qualified to register to vote, and a person who is registered to vote, to [apply for and receive a] modify the person’s mail-in ballot preferences as provided under section 3 of P.L.2009, c.79 (C.19:63-3), until the voter requests otherwise.

a. The Secretary of State shall apply the same voter registration deadline applicable under current law for paper voter registration forms to an online voter registration form submitted by an applicant pursuant to this section.

b. The applicant completing the form shall affirmatively attest to the truth of the information provided in the form.

c. For voter registration purposes, the applicant shall affirmatively assent to the use of his or her signature from his or her driver's license or non-driver identification card or the applicant's digitized or electronic signature.

d. For each online voter registration form, the Secretary of State shall obtain either an electronic copy of the applicant's signature from his or her driver's license or non-driver identification card directly from the New Jersey Motor Vehicle Commission, or the applicant's digitized or electronic signature.

e. (1) Upon submission of an online voter registration form pursuant to this section, the electronic voter registration system shall automatically acknowledge that the online voter registration form has been submitted successfully, and provide instructions on how the person completing the voter registration form may follow-up on the status of the submission either online or by contacting the appropriate county commissioner of registration. If a person submits more than one online voter registration form with identical information, the county commissioner of registration of the county in which the voter resides may process and adjudicate only the first online voter registration form submitted by the person through the system.

(2) Upon submission of a request to receive or to no longer receive a mail-in ballot, the electronic voter registration system shall automatically acknowledge that the request has been submitted successfully, and provide instructions on how the person submitting the request may follow-up on the status of the submission either online or by contacting the appropriate county clerk.

f. The Secretary of State shall employ security measures to ensure the accuracy and integrity of voter registration forms submitted electronically pursuant to this section.

g. The New Jersey Motor Vehicle Commission and the Secretary of State shall jointly develop a process and the infrastructure to allow the electronic copy of the applicant's signature and other information required under this section that is in the possession of the commission to be transferred to the Secretary of State and to the appropriate county election officials to allow a person who is qualified to register to vote in New Jersey to register to vote under this section.

h. If an applicant cannot electronically submit the information required pursuant to this section, the applicant shall nevertheless be able to complete the online voter registration form electronically on the Secretary of State's Internet website, print a paper copy of the completed form, and mail or deliver the paper copy of the completed form to the Secretary of State or the appropriate county election official. For the purposes of this subsection, the applicant shall be required to provide the same documents required to be provided with a paper voter registration form pursuant to R.S.19:31-5.

(cf: P.L.2022, c.67, s.7)

4. Section 3 of P.L.2009, c.79 (C.19:63-3) is amended to read as follows:

3. a. [A qualified voter shall be entitled to vote using a mail-in ballot:

(1) in all future elections, including general elections, held in this State, in which the voter is eligible to vote; or

(2) in any single election held in this State.

The qualified voter who chooses the option to vote using a mail-in ballot in all future elections shall be furnished with such a ballot by the county clerk without further request on the part of the voter and until the voter requests in writing that the voter no longer be sent a mail-in ballot, or beginning with the 2020 general election cycle, if the voter does not vote by mail in four consecutive years, then the voter shall no longer be furnished with a mail-in ballot for future elections and the voter shall be notified in writing of the change.

The mail-in ballot application form prepared by the Secretary of State shall present the two options in the order provided above.] (1) Each qualified voter shall be entitled to vote using a mail-in ballot in all future elections, including general elections, held in this State, in which the voter is eligible to vote. Each qualified voter shall be furnished with a mail-in ballot by the county clerk without further request on the part of the voter.

(2) Each voter who receives a mail-in ballot automatically pursuant to paragraph (1) of this subsection may request in writing, upon application to the county clerk, that the voter no longer be sent a mail-in ballot. Beginning January 1 next following the date of enactment of P.L. , c. (pending before the Legislature as this bill), if the voter does not vote by mail in four consecutive years, then the voter shall no longer be furnished with a mail-in ballot for future elections and the voter shall be notified in writing of the change.

(3) The Secretary of State shall prepare a mail-in ballot application form which may be utilized by registered voters to request a mail-in ballot and which shall be accepted by the county clerk in each respective county. Each registered voter who does not automatically receive a mail-in ballot as required by this section, or a voter who chooses to have the mail-in ballot sent to a secondary address, may submit a mail-in ballot application if the voter desires to vote by mail, within the timeframes specified under subsection b. of this section. The mail-in ballot application 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.

The additional direct expenditures required for the implementation of the provisions of this subsection as amended by section 1 of P.L.2018, c.72 and P.L. , c. (pending before the Legislature as this bill) shall be offset pursuant to section 1 of P.L.2019, c.459 (C.19:63-29).

b. (1) Not less than seven days before an election in which a voter described under paragraph (3) of subsection a. of this section wants to vote by mail, the voter may apply to the person designated in section 5 of P.L.2009, c.79 (C.19:63-5), for a mail-in ballot. The application shall be in writing, shall be signed by the applicant and shall state the applicant's place of voting residence and the address to which the ballot shall be sent. In the case of a voter choosing to have their mail-in ballot sent to a secondary address, if the ballot is returned or marked undeliverable for two consecutive general elections, then future mail-in ballots shall be mailed to the voter's address where they are registered to vote and the voter shall be notified in writing of the change. The Secretary of State shall prepare a mail-in application form and shall have the authority to promulgate any rules and regulations the secretary deems necessary to effectuate the purposes of this subsection.

(2) Beginning on January 1, 2026 and thereafter, not less than seven days before an election in which a voter described under paragraph (3) of subsection a. of this section wants to vote by mail, instead of submitting an application under paragraph (1) of this subsection, the voter may apply for a mail-in ballot electronically through the voter registration website established by the Secretary of State pursuant to section 1 of P.L.2019, c.382 (C.19:31-6.4c), which application shall be electronically submitted to the person designated by the Secretary of State. The application shall be in electronic form, shall be signed by the applicant using the applicant's electronic signature in the Statewide Voter Registration System, and shall state the applicant's place of voting residence and the address to which the ballot shall be sent. The Secretary of State shall prepare a mail-in ballot electronic application form and shall have the authority to promulgate any guidance, guidelines, rules and regulations the secretary deems necessary to effectuate the purposes of this subsection. The rules and regulations shall ensure the security of the online mail-in ballot application form and the use of verifiable signatures, including a process for the resolution of signature discrepancies and the validation of the information provided by the applicant.

c. Any voter described under paragraph (3) of subsection a. of this section wanting to vote by mail in any election may apply to the person designated in section 5 of P.L.2009, c.79 (C.19:63-5) for a mail-in ballot to be sent to the voter. A voter who is a member of the armed forces of the United States may use a federal postcard application form to apply for a mail-in ballot.

d. Any voter described under paragraph (3) of subsection a. of this section who fails to apply for a mail-in ballot before the seven-day period prescribed in subsection b. of this section may apply in person to the county clerk for a mail-in ballot up to 3 p.m. of the day before the election.

e. A person voting by mail-in ballot who registered by mail after January 1, 2003, who did not provide personal identification information when registering pursuant to section 16 of P.L.1974, c.30 (C.19:31-6.4) and is voting for the first time in his or her current county of residence following registration shall include copies of the required identification information with the mail-in ballot. Failure to include such information with the mail-in ballot shall result in its rejection.

f. The county clerk shall not transmit a mail-in ballot for any election to any person who: is deemed by a county commissioner of registration to be an inactive voter; or notifies the clerk in writing that the person no longer wishes to receive such a ballot for any election; or has not voted by mail in the previous four consecutive years; or is no longer eligible to vote and whose registration file has been transferred to the deleted file pursuant to R.S.19:31-19.

g. Any mail-in ballot that is sent to a qualified voter and that is returned to the county clerk for any reason shall be forwarded to the commissioner of registration, who shall so note the return in the voter record of that voter.

(cf: P.L.2022, c.68, s.1)

5. Section 14 of P.L.2018, c.72 (C.19:63-3.1) is amended to read as follows:

14. a. The clerk of each county shall add to the list of registered voters receiving a mail-in ballot for all future elections without further request each voter in the county who requested and received a mail-in ballot for the 2016 general election, and each voter who requested and received a mail-in ballot for any election in 2017 and 2018 by filing a mail-in ballot application following the deadline for applying for a 2016 general election mail-in ballot. Each voter so added to the list shall have the option to inform the clerk in writing that the voter does not wish to receive a mail-in ballot automatically for all future elections.

b. The county clerks shall transmit to each voter who will automatically receive such a ballot for all future elections pursuant to subsection a. of this section a notice informing the voter that he or she will automatically receive a mail-in ballot for all future elections unless the voter informs the clerk in writing that he or she does not wish to receive a mail-in ballot for all future elections, or beginning with the 2020 general election cycle if the voter does not vote by mail in four consecutive years, then the voter shall no longer be furnished with a mail-in ballot for future elections and the voter shall be notified in writing of the change.

c. The additional direct expenditures required for the implementation of this section shall be offset pursuant to section 1 of P.L.2019, c.459 (C.19:63-29).

d. Notwithstanding the provisions of this section, each registered voter shall receive a mail-in ballot pursuant to P.L. , c. (pending before the Legislature as this bill). The additional direct expenditures required for the implementation of this subsection shall be offset pursuant to section 1 of P.L.2019, c.459 (C.19:63-29).

(cf: P.L.2022, c.68, s.2)

6. Section 5 of P. L.2009, c.79 (C.19:63-5) is amended to read as follows:

5. In the case of any election, the application for a mail-in ballot shall be made to the county clerk. The county clerk shall stamp thereon the date on which the application was received in the clerk's office.

In the case of applications for overseas federal election voter ballots, as provided for in P.L.1976, c.23 (C.19:59-1 et seq.), no application shall be refused on the grounds that it was submitted too early.

In the case of voter registration forms [that include a selected vote by mail option, a copy of each such form shall be transmitted to and received by the appropriate county clerk, who shall be responsible for providing mail-in ballots to each qualified voter requesting such ballots for future elections, until the voter requests otherwise in writing, or beginning with the 2020 general election cycle] , a copy of each such form shall be transmitted to and received by the appropriate county clerk, who shall be responsible for providing mail-in ballots to each qualified voter for future elections as required by P.L. , c. (pending before the Legislature as this bill), until the voter requests otherwise in writing, or beginning January 1 next following the date of enactment of this act, if the voter does not vote by mail in four consecutive years, then the voter shall no longer be furnished with a mail-in ballot for future elections and the voter shall be notified in writing of the change.

(cf: P.L.2022, c.68, s.3)

7. Section 6 of P.L.2009, c.79 (C.19:63-6) is amended to read as follows:

6. a. The county clerk, in the case of any Statewide election, countywide election, or school election in a regional or other school district comprising more than one municipality; the municipal clerk, in the case of any municipal election or school election in a school district comprising a single municipality; and the commissioners or other governing or administrative body of the district, in the case of any election to be held in any fire district or other special district, other than a municipality, created for specified public purposes within one or more municipalities, shall publish the following notice in substantially the following form:

NOTICE TO PERSONS WANTING MAIL-IN BALLOTS

Beginning January 1 next following the date of enactment of P.L. , c. (pending before the Legislature as this bill), each qualified and registered voter will automatically receive a mail-in ballot unless the voter informs the clerk in writing that the voter does not wish to receive a mail-in ballot for all future elections, or, if the voter does not vote by mail in four consecutive years, the voter will no longer be furnished with a mail-in ballot for future elections and the voter will be notified in writing of the change.

If you are a qualified and registered voter of the State who wants to vote by mail in the......................... (school, municipal, primary, general, or other) election to be held on................. (date of election), the following applies:

[You] If you do not automatically receive a mail-in ballot and you want to vote by mail, you must complete the application form below and send it to the county clerk where you reside or write or apply in person to the county clerk where you reside to request a mail-in ballot. Instead, you may complete the application form electronically on the Secretary of State's website.

The name, address, and signature of any person who has assisted you to complete the mail-in ballot application must be provided on the application, and you must sign and date the application.

[No] For all qualified voters voting by mail, no person may serve as an authorized messenger or bearer for more than three qualified voters in an election, but a person may serve as such for up to five qualified voters in an election if those voters are immediate family members residing in the same household as the messenger or bearer.

[No] For all qualified voters voting by mail, no person who is a candidate in the election for which the voter requests a mail-in ballot may provide any assistance in the completion of the ballot or serve as an authorized messenger or bearer.

A person who applies for a mail-in ballot must submit his or her application at least seven days before the election, but such person may request an application in person from the county clerk up to 3 p.m. of the day before the election.

Voters who want to vote by mail in all future elections will, after their initial request and without further action on their part, be provided with a mail-in ballot until the voter requests otherwise in writing, or beginning [with the 2020 general election cycle] January 1 next following the date of enactment of P.L. , c. (pending before the Legislature as this bill), if the voter does not vote by mail in four consecutive years, then the voter shall no longer be furnished with a mail-in ballot for future elections and the voter shall be notified in writing of the change.

Application forms may be obtained by applying to the undersigned either in writing or by telephone, or the application form provided below may be completed and forwarded to the undersigned.

Dated.....................................................

........................................................................

(signature and title of county clerk)

....................................

(address of county clerk)

....................................

(telephone no. of county clerk)

b. (1) The Secretary of State shall be responsible for providing all information regarding overseas ballots to each overseas voter eligible for such a ballot pursuant to P.L.1976, c.23 (C.19:59-1 et seq.). The secretary shall also make available valid overseas voter registration and ballot applications to any voter who is a member of the armed forces of the United States and who is a permanent resident of this State, or who is an overseas voter who wishes to register to vote or to vote in any jurisdiction in this State. The secretary shall provide such public notice as may be deemed necessary to inform members of the armed forces of the United States and overseas voters how to obtain valid overseas voter registration and ballot applications.

(2) The Secretary of State shall undertake a program to inform voters in this State about their eligibility to vote by mail pursuant to this act. Dissemination of this information shall be included in the standard notices required by this section and other provisions of current law, including but not limited to the notice requirements of R.S.19:12-7, and shall be effectuated by such means as the secretary deems appropriate and to the extent that funds for such dissemination are appropriated including, but not limited to, by means of Statewide or local electronic media, public service announcements broadcast by such media, notices on the Internet site of the Department of State or any other department or agency of the Executive Branch of State government or its political subdivisions deemed appropriate by the secretary, and special mailings or notices in newspapers or other publications circulating in the counties or municipalities of this State.

c. The mail-in ballot materials shall contain a notice that any person voting by mail-in ballot who has registered by mail after January 1, 2003, who did not provide personal identification information when registering and is voting for the first time in his or her current county of residence following registration shall include copies of the required identification information with the mail-in ballot, and that failure to include such information shall result in the rejection of the ballot.

d. The notice provided for in subsection a. of this section shall be published before the 55th day immediately preceding the holding of any election.

Notices relating to any Statewide or countywide election shall be published in at least two newspapers published in each county. All officials charged with the duty of publishing such notices shall publish the same in at least one newspaper published in each municipality or district in which the election is to be held, or if no newspaper is published in the municipality or district, then in a newspaper published in the county and circulating in the municipality or district. All such notices shall be display advertisements.

(cf: P.L.2022, c.68, s.4)

8. Section 6 of P.L.2022, c.68 (C.19:63-6.1) is amended to read as follows:

6. Each county shall undertake a voter education campaign, through existing media such as television or newspapers, through online platforms, or by mail addressed to registered voters [with vote by mail status], to inform voters about the automatic receipt of mail-in ballots established pursuant to P.L. , c. (pending before the Legislature as this bill), the potential of removal from permanent vote by mail status, and the potential change in where a mail-in ballot is sent as provided by P.L.2022, c.68 (C.19:63-6.1 et al.). The Division of Elections within the Department of State shall establish guidelines to be distributed to the counties for the counties to follow for the purpose of carrying out the voter education campaign.

(cf: P.L.2022, c.68, s.6)

9. Section 15 of P.L.2009, c.79 (C.19:63-15) is amended to read as follows:

15. The commissioner of registration upon receipt of the information from the county clerk required by section 14 of P.L.2009, c.79 (C.19:63-14) shall mark the applicant's record in the Statewide voter registration system and duplicate voting record appearing on the signature copy registers as follows.

Whenever the commissioner of registration receives from the county clerk notice that a mail-in ballot has been forwarded to a voter during the time when the signature copy registers are in the custody of other election officials pursuant to current law, or are in transit to or from such officials, the commissioner shall, prior to the opening of the polls on election day or any day during the early voting period, forward to each polling place a list of all such voters to whom ballots have been sent but whose duplicate voting record has not been marked in the manner herein prescribed. Such lists may be prepared in the same manner as a challenge sheet and may be included therein together with other causes for challenge. Any person who has received a mail-in ballot, but who wishes nevertheless to vote at the polls on the day of an election or during the early voting period, shall be permitted to vote at the polls if the voter has not transmitted the ballot to the county board of elections nor given it to a bearer for delivery to the county board, provided that the voter surrenders the mail-in ballot, including the outer envelope that states their name and address, to a poll worker at the polling place. The poll worker shall mark the voter’s record indicating the surrender of the voter’s mail-in ballot and decision to vote in person. Any person whose name appears on any list or notice furnished by the commissioner of registration to the effect that such voter has received a mail-in ballot, but who wishes nevertheless to vote at the polls on the day of an election, or any day during the early voting period, but who does not surrender their mail-in ballot, including the outer envelope that states their name and address, shall be permitted to vote by provisional ballot after completing the affirmation statement attached to the envelope provided with the provisional ballot pursuant to section 7 of P.L.1999, c.232 (C.19:53C-1).

Whenever a mail-in ballot has been delivered to a voter less than seven days before an election and up to 3 p.m. of the day before the election, and the signature copy registers are in the custody of other election officials, or in transit to or from such officials, the county clerk shall prepare a master list of all such ballots, and the list shall be transmitted to the commissioner of registration in sufficient time to permit the commissioner to notify the appropriate municipal clerk. The clerk shall notify the judge of the polling place to mark the voter's record accordingly.

(cf: P.L.2009, c.79, s.15)

10. Section 20 of PL.2009, c.79 (C.19:63-20) is amended to read as follows:

20. a. Any person who has [applied for a mail-in ballot and has] had the mail-in ballot either delivered in person or forwarded by mail, and voted and returned the voted ballot to the county board, shall not be permitted to vote in person at the polling place in the voter's election district on the day of the election or any day during the early voting period.

b. Any person who: (1) has been automatically sent a mail-in ballot as required under P.L. , c. (pending before the Legislature as this bill) or who 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 or any day during the early voting period; [or (3) has applied for and received a mail-in ballot and has not transmitted it to the county board of elections or given it to the bearer for delivery to the county board,] but appears at the polling place without the ballot and wishes to vote, shall be permitted to vote in person by provisional ballot at the polling place in the voter's election district on the day of the election or any day during the early voting period.

c. Any person who has 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, but appears at the polling place with the ballot and wishes to vote, shall be permitted to vote at the polling place in the voter's election district on the day of the election or during the early voting period provided the voter surrenders the mail-in ballot including the outer envelope with the voter’s name and address to a poll worker at the polling place. The poll worker shall mark the voter’s record indicating the surrender of the voter’s mail-in ballot and decision to vote in person. The voter shall be permitted to vote in person using a voting machine.

(cf: P.L.2018, c.72, s.7)

11. Section 22 of P.L.2009, c.79 (C.19:63-22) is amended to read as follows:

22. a. On the day of each election, or as provided under subsection b. of this section, each county board of elections shall open in the presence of the commissioner of registration, or the designee thereof, the inner envelopes that contain the mail-in ballots with the votes cast for the election. The inner envelopes containing the ballots that the board or the Superior Court has rejected shall not be so opened, but shall be retained as provided for by this act. The board shall then proceed to canvass the votes cast on the mail-in ballots, but no such ballot shall be counted in any primary election for the general election if the ballot of the political party marked for voting thereon differs from the designation of the political party in the primary election of which such ballot is intended to be voted as marked on the envelope by the county board of elections.

Every mail-in ballot that bears a postmark date before or of the day of the election and that is received by the county board within 144 hours after the time of the closing of the polls for the election that the ballot was prepared shall be considered valid and shall be canvassed. Every mail-in ballot that does not bear a postmark date but that is received by the county board by delivery of the United States Postal Service before, or within 48 hours after, the time of the closing of the polls for the election for which the ballot was prepared shall be considered valid and shall be canvassed.

b. A county board of elections may begin opening the inner envelopes for each mail-in ballot and canvassing each mail-in ballot from the inner envelope no earlier than [five] 10 days prior to the day of the election. The Secretary of State shall establish guidelines concerning the early canvassing process. If a county board of elections begins opening the inner envelopes and canvassing the mail-in ballots from the inner envelopes prior to the day of the election, the county board shall implement the measures necessary to ensure the security and secrecy of the mail-in ballots. The contents of the mail-in ballots and the results of the ballot canvassing shall remain confidential and shall be disclosed only in accordance with the provisions of Title 19 of the Revised Statutes, regulations and guidelines concerning the disclosure of election results, and in no circumstances disclosed prior to the close of polls on the day of the election. In addition to the guidelines concerning the early canvassing process, the Secretary of State shall promulgate regulations to ensure that any county board of elections that begins opening the inner envelopes and canvassing the mail-in ballots from the inner envelopes prior to the closing of the polls on election day shall do so in a manner that prevents any person, including any person who is authorized to receive and canvass completed mail-in ballots, from obtaining knowledge of the unofficial results of ballots cast for any candidate for public office or any public question submitted to the voters until after the closing of the polls on election day. No tally or tabulation of results shall occur prior to the opening of polls on election day. As provided under R.S.19:34-13, any person who is authorized to receive and canvass completed mail-in-ballots who knowingly discloses to the public the contents of a mail-in ballot prior to the time designated by law for the closing of the polls for each election shall be guilty of a crime of the third degree.

c. Immediately after the canvass is completed, the respective county boards of election shall certify the result of the canvass to the county clerk or the municipal or district clerk or other appropriate officer, as the case may be, showing the result of the canvass by municipality and ward. The votes thus canvassed shall be counted in determining the result of the election.

The county board of elections shall, immediately after the canvass is completed for any primary election, certify the results of the votes cast for members of the county committees to the respective municipal clerks, and those votes shall be counted in determining the result of the election.

Each mail-in ballot cast, canvassed, and tallied in an election under this section, excluding a fire district election, shall be reported in the results for the election district in which the voter resides. Whenever the reporting requirement of this subsection 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.

(cf: P.L.2022, c.70, s.7)

12. Section 1 of P.L. 2019, c.459 (C.19:63-29) is amended to read as follows:

1. There is created a special, non-lapsing fund in the Department of State that shall be designated the "Mail-In Ballot Local Reimbursement Fund." The fund shall be maintained as a separate account and administered by the Secretary of State. The fund shall consist of: (1) any monies appropriated by the State for the purposes of the fund; and (2) all interest and investment earnings received on monies in the fund. The fund shall be used to offset the additional direct expenditures required for the implementation of P.L.2018, c.72, [and] P.L.2019, c.265, and P.L. , c. (pending before the Legislature as this bill), and any rule or regulation issued pursuant thereto.

There shall be appropriated annually through the annual appropriations act such amounts as shall be deemed necessary for the purposes of the fund.

The clerk of each county, shall, on or before January 1 of each year following the year for which the county, or any municipality, board of education, or fire district therein, is seeking reimbursement, certify to the Department of State, in a manner prescribed by the department, the total cost incurred by the county, municipality, board of education, or fire district in implementing the provisions of P.L.2018, c.72, [and] P.L.2019, c.265, and P.L. , c. (pending before the Legislature as this bill).

(cf: P.L.2019, c.459, s.1)

13. (New section) a. All vote-by-mail return envelopes shall have prepaid First-Class postage in order to facilitate the proper delivery of all cast vote-by-mail ballots.

b. Pursuant to section 16 of P.L.2009, c.79 (C.19:63-16), the county boards of elections may designate each polling place as a location to receive voted mail-in ballots. The Secretary of State shall establish appropriate standards and chain of custody procedures for the acceptance of mail-in ballots, including, but not limited to, ballots surrendered by voters wishing to vote in person during the early voting period or on election day, procedures for securing the voted mail-in ballots at each polling place, and the secure return of the mail-in ballots to the county boards of elections after the closing of the polls.

c. Each polling place and early voting location shall have signage that provides the location of all ballot drop boxes in the county in which the polling place or early voting location is located.

14. This act shall take effect immediately.

STATEMENT

This bill changes The Vote By Mail Law to require that each new and existing registered voter automatically receives a mail-in ballot for all elections, unless the voter notifies the county clerk that the voter no longer wishes to do so, or unless the voter fails to vote by mail in four consecutive years. Under the bill, each voter would be permitted to vote in person at the voter’s polling place on the day of the election or during the early voting period, provided the voter surrenders their mail-in ballot.

Under current law, a registered voter can choose to vote by mail-in ballot in a single election or for all future elections, until the voter notifies the county clerk that the voter no longer wishes to do so, or unless the voter fails to vote by mail in four consecutive years. Current law also permits a voter to vote at the polling place by provisional ballot if the voter requested a mail-in ballot, but did not receive the ballot, or if the voter received the mail-in ballot, but appears at a polling place without the ballot. The bill provides that a voter who has received a mail-in ballot may vote at a polling place on the day of election or during the early voting period without using a provisional ballot provided that the voter surrenders their mail-in ballot, including the outer envelope with the voter’s name and address written on it.

The bill increases from five days to 10 days prior to the day of election that the county board of elections may begin opening the inner envelopes for each mail-in ballot and canvassing each mail-in ballot from the inner envelope.

The bill also permits voters to deliver their voted mail-in ballots to each polling place. The Secretary of State is charged with establishing chain of custody procedures for the verification and acceptance of mail-in ballots surrendered by voters wishing to vote in person and if the polling place accepts mail-in ballots.