Sponsored by:
Senator BRIAN P. STACK
District 33 (Hudson)
SYNOPSIS
Requires early voting for each election held in certain counties.
CURRENT VERSION OF TEXT
As introduced.
An Act requiring early voting for each election held in certain counties, amending P.L.1981, c.379, and amending and supplementing P.L.2021, c.40 (C.19:15A-1 et al.).
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 7th 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 7th 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, except that the municipal governing body may adopt an ordinance to allow the early voting period to start on the [eighth] 8th 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.
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 a.m. to 8 p.m., and on Sunday from at least 10 a.m. to 6 p.m. 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, or within 200 feet of a polling place during an election if the electioneering prohibition is extended at the discretion of a county board of elections, 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" (52 U.S.C. s.20901 et seq.).
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.
k. Notwithstanding the provisions of this section, or any other law, rule, or regulation to the contrary, in a county with a population density equal to or greater than 15,000 people per square mile, early voting shall be required to be conducted in accordance with the provisions of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2026, c.8, s.1)
2. (New section) a. In addition to all other forms of voting provided for by this Title, a registered voter in a county with a population density equal to or greater than 15,000 people per square mile shall be permitted to vote at a specially designated polling place before the day of each primary, general, municipal, school district, and fire district election in this State. The early voting period shall:
(1) start on the 7th 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 7th calendar day before a presidential primary election for a presidential general election and end on the second calendar day before that presidential primary election;
(3) start on the 10th calendar day before a general election and end on the second calendar day before that general election; or
(4) start on the 4th calendar day before each municipal, school district, or fire district election and end on the second calendar day before that municipal, school district, or fire district election.
The voting process during the early voting period required by this section 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. Each 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.), if located in a county with a population density equal to or greater than 15,000 people per square mile, shall also conduct early voting for the regular municipal election, in accordance with the provisions of this section. The early voting period for a regular municipal election in May shall start on the 4th calendar day before the regular municipal election, except that the municipal governing body may adopt an ordinance to allow the early voting period to start on the 8th calendar day before the regular municipal election and end on the second calendar day before that regular municipal election.
An early voting period shall be permitted for a non-presidential or presidential primary election, a general election, a regular municipal election conducted in May, a school district election, and a fire district election in this State. Pursuant to the provisions of this section 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.
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 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 conducts 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 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.
(3) For a school district’s annual school board election or a special school board election on a day other than the general election, the county board of elections shall designate at least one public location, but not more than three public locations, within the school district 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 P.L.2021, c.40 (C.19:15A-6). Whenever possible, each such location shall be geographically located in the part of the school district 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 school district, 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 school district, reflect the population distribution and density within each school district, 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 school district.
(4) For a fire district election on a day other than the general election, the county board of elections shall designate at least one public location, but not more than three public locations, within the fire district 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 P.L.2021, c.40 (C.19:15A-6). Whenever possible, each such location shall be geographically located in the part of the fire district 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 fire district, 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 fire district, reflect the population distribution and density within each fire district, 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 fire district.
c. Each early voting site in a county or municipality shall be open for early voting on Monday through Saturday from at least 10 a.m. to 8 p.m., and on Sunday from at least 10 a.m. to 6 p.m. 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, a general election, a municipal election, a school district election, or a fire district election, as appropriate, pursuant to this Title. The number of such officers and their hours of service shall be 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, or within 200 feet of a polling place during an election if the electioneering prohibition is extended at the discretion of a county board of elections, 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, regular municipal election in each non-partisan municipality, each school district election, and each fire district election, 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 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 of the effective date of this act, P.L. , c. (C. ) (pending before the Legislature as this bill), 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 the plan 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" (52 U.S.C. s.20901 et seq.).
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.
3. Section 6 of P.L.2021, c.40 (C.19:15A-6) is amended to read as follows:
6. In compliance with the provisions of Article VIII, Section II, paragraph 5 of the New Jersey Constitution, upon application for reimbursement by a county governing body or a municipal governing body, as may be appropriate, to the Secretary of State and approval of the application by the Director of the Division of Budget and Accounting in the Department of the Treasury, a county or municipality shall be reimbursed by the State for any additional costs incurred by the county or municipality as a result of the provisions of [this act,] P.L.2021, c.40 (C.19:15A-1 et al.) and section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2021, c.40, s.6)
4. Section 3 of P.L.1981, c.379 (C.40:45-7) is amended to read as follows:
3. Except as may otherwise
be provided by law for initial elections conducted in a municipality following
its adoption of a plan or form of government, or a charter or an amendment
thereto, regular municipal elections shall be held in each municipality governed
by this act on the second Tuesday in May, or the day of the general election in
November if chosen by the municipality
pursuant to subsection a. of section 1 of P.L.2009, c.196 (C.40:45-7.1), in the years in which municipal officers are to be elected. The municipal election shall be held at the same place or places and conducted in the same manner, so far as possible, as the general election. The election officers shall be those provided for conducting the general election.
A municipality holding municipal elections on the second Tuesday in May, in addition to those elections and by an ordinance adopted by its governing body, may also conduct early voting for those municipal elections, in accordance with the provisions of P.L.2021, c.40 (C.19:15A-1 et al.). A municipality holding municipal elections on the day of the general election in November shall conduct early voting in accordance with the provisions of P.L.2021, c.40 (C.19:15A-1 et al.). A municipality located in a county with a population density equal to or greater than 15,000 people per square mile holding municipal elections on the second Tuesday in May, or on the day of the general election, in addition to those elections, shall also conduct early voting for those municipal elections, in accordance with section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
Notwithstanding the provisions of this section, the Secretary of State may change in any year the date provided for a regular municipal election if the date coincides with a period of religious observance that limits significantly the usual activities of the followers of a particular religion or that would result in significant religious consequences for such followers. The secretary shall inform the municipal clerks, county clerks and boards of election of the adjustment no later than the first working day in January of the year in which the adjustments are to occur.
As used in this section, "a period of religious observance" means any day or portion thereof on which a religious observance imposes a substantial burden on an individual's ability to vote.
(cf: P.L.2021, c.40, s.21)
5. This act shall take effect January 1 next following the date of enactment.
STATEMENT
This bill requires early voting for each election held in a county with a population density equal to or greater than 15,000 people per square mile.
Under current law, registered voters are permitted to vote at a specially designated polling place before the day of certain primary and general elections in this State. A municipality that holds an election on the second Tuesday in May is permitted, but not required, to conduct early voting for that election. This bill requires municipalities in counties with a population density equal to or greater than 15,000 people per square mile to conduct early voting for such elections. This bill also requires that early voting be made available to registered voters in counties with a population density equal to or greater than 15,000 people per square mile for school district and fire district elections.
Under current law, the State of New Jersey is required to reimburse jurisdictions for any additional costs incurred by the county or municipality as a result of the requirements to provide early voting, including, but not limited to, operating a certain number of early voting locations for certain elections. Under this bill, for counties with a population density equal to or greater than 15,000 people per square mile, the State will be required to also reimburse jurisdictions for any additional costs incurred by the county or municipality as a result of the requirements to provide early voting under the bill, including, but not limited to, operating a certain number of early voting locations for the required municipal, school district, and fire district elections.
People who live in high-density areas may benefit from additional voting days because larger populations in small areas can create greater demand at polling places, making early voting opportunities useful in reducing the pressure on each polling location.