S4627

An Act concerning unlawful voting and amending various parts of the statutory law.

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

1. R.S.19:34-1 is amended to read as follows:

19:34-1. a. If any member of the district board shall willfully refuse to enter in the canvassing books or upon the registers the name of any person legally entitled to vote, or shall register the name of any person contrary to the provisions of this title, such member shall be guilty of a crime of the third degree.

b. (1) Any person who shall cause or procure [his] the person’s own name to be registered in more than one election district[, or shall cause or procure his name or that of any other person to be registered, knowing that he or such other person is not entitled to vote in the election district wherein such registry is made at the next election to be held therein,] shall be punished for each such offense and shall be guilty of a crime of the third degree.

(2) Any person who shall cause or procure the person’s own name or that of any other person to be registered when the person or such other person is not entitled to vote in the election district wherein such registry is made at the next election to be held therein shall be punished for each such offense and shall be guilty of a crime of the second degree.

c. No district board shall execute or deliver to any voter any paper in the nature of a transfer, purporting to authorize [him] the person to vote in any other election district unless [he] the person is actually registered as now provided by law.

d. Any officer or employee who shall willfully fail to perform or enforce any of the provisions of this title or who shall unlawfully or fraudulently remove any registration records, or who shall willfully destroy any record directed by this title to be kept, or any person who shall willfully or fraudulently register [more than once, or register under any but his true name, or attempt to vote by impersonating another who is registered, or who willfully registers] in any election district where [he] that person is not a resident at the time of registering, or who violates any of the provisions of this title, shall be guilty of a crime of the third degree.

e. Any person who shall register more than once, or register under any but the person’s true name, or attempt to vote by impersonating another who is registered, shall be strictly liable upon proof that the crime occurred and shall be guilty of a crime of the second degree.

(cf: P.L.2005, c.154, s.20)

2. R.S.19:34-4 is amended to read as follows:

19:34-4. If a person convicted of a crime which disfranchises [him] the person while serving a sentence of incarceration shall vote at any election, unless [he] the person shall have been pardoned or restored by law to the right of suffrage, [he] the person shall be strictly liable upon proof that the crime occurred and shall be guilty of a crime of the [fourth] third degree.

(cf: P.L.2019, c.270, s.5)

3. R.S.19:34-11 is amended to read as follows:

19:34-11.a. Every person not entitled to vote who fraudulently votes [, and every] shall be strictly liable upon proof that the crime occurred and shall be guilty of a crime of the second degree.

b. Every person who votes more than once at any one election; or knowingly hands in two or more ballots folded together; or changes any ballot after it has been deposited in the ballot box; or adds, or attempts to add, any ballot to those legally polled at any election, either by fraudulently introducing the same into the ballot box before or after the ballots therein have been counted; or adds to or mixes with, or attempts to add to or mix with, the ballots lawfully polled, other ballots while the same are being counted or canvassed, or at any other time, with intent to change the result of such election; or carries away or destroys, or attempts to carry away or destroy, any poll list, or ballots, or ballot box, for the purpose of breaking up or invalidating the election; or willfully detains, mutilates or destroys any election returns; or in any manner so interferes with the officers holding the election, or conducting the canvass, or with the voters lawfully exercising their rights of voting at the election, as to prevent the election or canvass from being fairly had and lawfully conducted, shall be guilty of a crime of the third degree.

(cf: P.L.2005, c.154, s.30)

4. R.S.19:34-12 is amended to read as follows:

19:34-12. a. Every person not entitled to vote who fraudulently attempts to vote, or who personates or attempts to personate a person legally entitled to vote, shall be strictly liable upon proof that the crime occurred and shall be guilty of a crime of the second degree.

b. Every person who being entitled to vote attempts to vote more than once at any election[, or who personates or attempts to personate a person legally entitled to vote,] shall be guilty of a crime of the third degree.

(cf: P.L.2005, c.154, s.31)

5. This act shall take effect immediately.

STATEMENT

This bill increases the penalties for illegal voting offenses and makes them strict liability offenses.

Registering to vote; election district

Under current law, a person who causes or procures the person’s name or the name of another person to register to vote when the person is not entitled to vote in the election district where the registry is made is guilty of a crime of the third degree. A crime of the third degree is punishable by a term of imprisonment of three to five years or a fine up to $15,000, or both. The bill upgrades this crime to a crime of the second degree and provides for strict liability: upon proof that the crime occurred, the person would be strictly liable for its commission. A crime of the second degree is punishable by a term of imprisonment of five to 10 years or a fine up to $150,000, or both.

Unlawful registration

Currently, registering to vote more than once, or registering under any but the person’s true name, or attempting to vote by impersonating another person who is registered, is a crime of the third degree. Under the bill, this crime would be upgraded to a strict liability crime of the second degree.

Unlawful voting when barred due to conviction of crime and incarceration

Under current law, if a person unlawfully votes while incarcerated despite being convicted of a crime which bars the person from voting, the person is guilty of a crime of the fourth degree. A crime of the fourth degree is punishable by a term of imprisonment of up to 18 months or a fine of up to $10,000, or both. The bill would upgrade this crime to a strict liability crime of the third degree.

Fraudulent voting and attempts to fraudulently vote

Currently, a person not entitled to vote who fraudulently votes or attempts to vote is guilty of a crime of the third degree. The bill would upgrade this crime to a strict liability crime of the second degree.