Provides for distribution of voter information guides under certain circumstances.

A1504

ASSEMBLY, No. 1504

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman ROY FREIMAN

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

SYNOPSIS

���� Provides for distribution of voter information guides
under certain circumstances.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning the provision of voters� guides to
registered voters in this State, amending P.L.2005, c.151 and P.L.2005, c.139,
and supplementing Title 19 of the Revised Statutes.

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

���� 1.� Section 4 of P.L.2005,
c.151 (C.19:12-10) is amended to read as follows:

���� 4.� a.� Subject to guidelines
established by the
[
Attorney
General
]

Secretary of State
, each county board of elections shall provide public
notice, at appropriate times during the year, of certain dates relevant to
elections and voters, including but not limited to the dates of each election
and the deadlines for voter registration or application for civilian or
military absentee ballots.� Such notices may be made by card, poster,
newspaper, newsletter, pamphlet, radio, television, Internet or by any other
means deemed appropriate by the board.� The provisions of this subsection are
in addition to any other provision for public notice required by law.

���� b.��� Each county board of
elections and the Division of Elections in the Department of
[
Law and Public
Safety
]

State
shall maintain an official Internet site containing information
helpful for voters, including a link to the voter�s bill of rights established
by law and posted on the official Internet site of the State.� The Internet
site of the Division of Elections that contains such information shall include
links to the Internet site of each county board and the Internet site of each
county board shall contain a link to the part of the division's site containing
information helpful to voters.

���� c.���� The
[
Attorney
General
]

Secretary of State
shall review the official Internet site of each
county board of elections to ensure that the information provided thereon is
consistent with the information provided on the official Internet site of the
Division of Elections.

����
d.��� In addition to the
information required to be posted on the official Internet site pursuant to
subsection b. of this section, the Division of Elections in the Department of
State shall post on that Internet site the State voters� guide as established
pursuant to section 4 of P.L.��� , c.���� (C.������� ) (pending before the Legislature
as this bill).

����
e.���� In addition to the
information required to be posted on the Internet site of each county board of
elections pursuant to subsection b. of this section, a county board of
elections may post on their official Internet site the local voters� guide
applicable to that county, as established pursuant to section 7 of P.L. , c. (C. )
(pending before the Legislature as this bill).

(cf: P.L.2005, c.151, s.4)

���� 2.� Section 1 of P.L.2005,
c.139 (C.19:14-21.1) is amended to read as follows:

���� 1.��� Notwithstanding the
provisions of any other law to the contrary, a voter who registers after the
29th day prior to a general election and who is eligible to participate in that
election may be sent, instead of a sample ballot, notice of the voter's polling
place, information on where to obtain a sample ballot prior to the election, a
statement indicating that a sample ballot will be available at the polling
place on the day of the election, and, if applicable, information on a county
website where a sample ballot may be viewed.

����
In addition, the Secretary
of State shall send the voter the State voters� guide established pursuant to
section 4 of
P.L. , c. (C. )
(pending before the Legislature as this bill).

����
The county board of
elections may also send the voter the local voters� guide applicable to their
respective county, as established pursuant to section 7 of P.L.��� , c.��
(C.������� ) (pending before the Legislature as this bill).

(cf: P.L.2005, c.139, s.1)

���� 3.� Section 2 of P.L.2005,
c.139 (C.19:23-30.1) is amended to read as follows:

���� 2.��� Notwithstanding the
provisions of any other law to the contrary, a voter who registers after the
29th day prior to a primary election and who is eligible to participate in that
election may be sent, instead of a sample ballot, notice of the voter's polling
place, information on where to obtain a sample ballot prior to the election, a
statement indicating that a sample ballot will be available at the polling
place on the day of the election, and, if applicable, information on a county
website where a sample ballot may be viewed.

����
In addition, the Secretary
of State shall send the voter the State voters� guide established pursuant to
section 4 of
P.L. , c. (C. )
(pending before the Legislature as this bill).

����
The county board of
elections may also send the voter the local voters� guide applicable to their
respective county, as established pursuant to section 7 of P.L.��� , c.��
(C.������� ) (pending before the Legislature as this bill).

(cf: P.L.2005, c.139, s.2)

���� 4. (New section) a.� The
Secretary of State shall, whenever at least one Statewide elective office is
scheduled to appear on the primary or general election ballot, print and
distribute a State voters� guide.� The voters� guide shall be distributed to every
residence wherein a registered voter resides in the State no later than 45 days
prior to the primary or general election.

���� The Secretary of State shall
determine the format and layout of the voters� guide.� The Secretary of State
shall print the guide in clear, readable type on a size, quality, and weight of
paper that best serves the voters, as determined by the Secretary of State.

���� The Secretary of State shall
distribute the voters� guide to each residence in the State wherein a
registered voter resides and to any other locations the Secretary of State
deems appropriate.� The Secretary of State shall also produce transcripts of
the voters� guide for the blind and visually impaired, publicize their
availability, and mail without charge a copy to any person who requests one.

���� The Secretary of State shall
make the material required to be distributed by P.L.��� , c.���� (C.������� )
(pending before the Legislature as this bill) available to the public in
electronic form.� The Secretary of State may provide the material in electronic
form to web-based, print, and broadcast news media and similar services at the
cost of reproduction or transmission of the data.

���� b.� The voters� guide shall
include, at a minimum:

���� (1) appearing on the cover,
the words �Official State Voters� Guide,� a reference to the Secretary of State
for producing the guide, and the date of the election;

���� (2) a table of contents;

���� (3) a list of jurisdictions with
public questions or candidates in the guide;

���� (4) information about each
public question, as specified in subsection c. of this section, submitted to
the voters for their approval or rejection pursuant to Article II, Section I,
paragraph 2 of the State Constitution or any amendments to the State Constitution
submitted to the voters for their approval or rejection pursuant to Article IX
of the State Constitution;

���� (5) statements, if submitted,
from candidates for the office of President and Vice President of the United
States, United States Senate, United States House of Representatives, Governor,
State Senate, and State General Assembly.� Candidates may also submit campaign
contact information and a photograph not more than five years old in a format
that the Secretary of State determines to be suitable for reproduction in the
voters� guide;

���� (6) information about any
endorsement submitted to the Secretary of State by a political party that
nominated a candidate for the office of Governor at the last general election
for the office of Governor;

���� (7) information about any
designation, slogan, or endorsement, which is indicated in nominating petitions
pursuant to R.S.19:23-17;

���� (8) contact information for
the Election Law Enforcement Commission established pursuant to section 5 of
P.L.1973, c.83 (C.19:44A-5), including the following statement: �For information
about the people and organizations that donated to State and local candidates
and public question campaigns, visit www.elec.nj.gov.� �The statement shall be
placed in a prominent position of the voters� guide.� The Secretary of State
may substitute language as is necessary for accuracy and clarity and as is consistent
with the substance of the statement;

���� (9) contact information for
the political parties of the candidates included in the voters� guide;

���� (10) information on how a
person may register to vote and obtain a ballot, and where they may obtain more
information on their local polling locations;

���� (11) the voter�s bill of
rights established pursuant to section 1 of P.L.2005, c.149 (C.19:12-7.1);

���� (12) information on where to
obtain a sample ballot prior to the election, a statement indicating that a
sample ballot will be available at polling places on the day of the election,
and, if applicable, information on a county website where a sample ballot may
be viewed; and

���� (13) any additional
information pertaining to elections as may be required by law or as may be
deemed necessary by the Secretary of State.

���� c.� The voters� guide shall
provide, at a minimum, the following information for each Statewide public
question on the ballot:

���� (1) for public questions that
amend existing law, language proposed for deletion, which shall be enclosed by brackets;
proposed new language, which shall be underlined; and a statement explaining
the deletion and addition of language, which shall appear as follows: �Any
language in brackets is existing New Jersey law and will be removed from law if
this question is approved by voters. �Any underlined language does not appear
in current New Jersey law but will be added to the law if this question is
approved by voters.�

���� (2) the full text of a public
question and the interpretive statement of the public question prepared
pursuant to R.S.19:3-6;

���� (3) information about a fiscal
note or estimate, if applicable, prepared pursuant to P.L.1980, c.67
(C.52:13B-6 et seq.); and

���� (4) the total number of votes
cast for and against the public question in the Senate and General Assembly, if
the question has been passed by the Legislature.

���� 5. (New section) a.� The
Secretary of State shall develop guidelines and procedures for the submission
of candidate statements and photographs for inclusion in the voters� guide.�
The deadline for submission of candidate statements shall not be sooner than 11
days immediately following the deadline for filing nominating petitions for
primary elections pursuant to R.S.19:23-14 and general elections pursuant to
R.S.19:13-9.

���� b.� Any candidate statement
submitted for publication in the voters� guide shall have a maximum number of
words as follows:

���� (1) General Assembly, 200
words;

���� (2) State Senate, 200 words;
and

���� (3) President and Vice
President of the United States, United States Senate, United States House of
Representatives, and Governor, 300 words.

���� Candidates may also submit
campaign contact information and a photograph not more than five years old in a
format that the Secretary of State determines to be suitable for reproduction
in the voters� guide.

���� c.� No candidate statement
shall include or refer to the name of any person or any incorporated
association of this State unless the written consent of such person or
incorporated association of this State has been filed with the statement.

���� 6. (New section) No person or
entity shall publish or distribute any campaign material that is substantively
similar in design or appearance to a voters� guide that is published by the Secretary
of State or local voters� guide that is published by a county clerk that
obstructs or suppresses, or intends to obstruct or suppress, a person from
exercising the right to vote, which may be evidenced by publishing or
distributing substantively similar campaign material which provides incorrect
information about how, when, or where a voter may register to vote or cast
their ballot.� Any person or entity who violates the provisions of this
section, or any rule or regulation adopted pursuant thereto, shall be liable to
a civil penalty of not less than $5 for each copy of the substantively similar
material distributed, or $10,000, whichever is greater, which shall be
collected by the Secretary of State in a summary proceeding before a court of
competent jurisdiction pursuant to the �Penalty Enforcement Law of 1999,�
P.L.1999, c.274 (C.2A:58-10 et seq.).� Any person or entity who violates the
provisions of this section, or any rule or regulation adopted pursuant thereto,
shall also be liable to any legal expenses and additional costs resulting from
the violation incurred by the State.� Any funds recovered under this section shall
be deposited by the State Treasurer into the General Fund.

���� 7. (New section) a.� Each
county clerk may print and distribute a local voters� guide for any primary or
general election, or any special election. �The guide may provide information
on all public questions and candidates appearing on ballots within that county.
�The format of any local voters� guide, whenever applicable, shall be
substantially similar to the State voters� guide established pursuant to
section 4 of P.L.��� , c.���� (C.������� ) (pending before the Legislature as
this bill).� The county clerk�s name shall only appear in the local voters� guide
as part of the information generally included for candidates if the county clerk
is a candidate for office during the same year.

���� Local voters� guides, if
printed and distributed, shall include candidate statements accepted by the
county clerk and may also include candidates� photographs not more than five
years old in a format that the county clerk determines to be suitable for
reproduction in the voters� guide.

���� b.��� Whenever a local voter
guide is to be published and distributed by a county, the county clerk shall
notify each municipality or any other cognizable election district with public
questions or elective offices appearing on ballots within that county that a
guide will be produced not later than 90 days prior to the publication and
distribution of such guide.

���� All voters� guides published
by the county pursuant to this section shall include the elective offices and
public questions of the county and the elective offices and public questions of
each political subdivision within the county which will appear on the ballot at
that primary election, general election, or special election.

���� 8. (New section) In any county
where the county clerk has elected to publish and distribute a local voters�
guide, the county clerk shall mail the local voters� guide to every residence wherein
a registered voter resides in each jurisdiction within the county that is
participating in the respective primary election, general election, or special
election, and for which election information is included in the guide, no later
than 45 days prior to the primary election, general election, or special
election. �The county clerk may either mail or send a printable electronic
version of guide to each registered voter in each jurisdiction within the
county that is participating in the respective primary or general election, or
special election, and for which election information is included in the guide
if, as determined by the county clerk, a more economical and effective
distribution of the guide would result.

���� The county clerk shall either
mail or send a printable electronic version of the State and local voters� guides
to any military service or overseas voter registered in the jurisdiction who
has requested them.

���� 9.� This act shall take effect
January 1 next following the date of enactment.

STATEMENT

���� This bill requires the
provision of voters� guides for New Jersey registered voters for all
elections.� The bill requires the Secretary of State to provide voter
information guides to voters for all Statewide elections, and allows county
clerks to do the same for local elections.

���� Under current law, each county
board of elections and the Division of Elections must include on their Internet
site helpful voter information, including a link to the voter�s bill of
rights.� This bill requires that an electronic voters� guide must be included
on the State Internet site and allows for the inclusion of a voters� guide on a
county board of elections Internet site.

���� Under current law, for the
primary election and the general election, any voter who registers after the
29th day prior to the election may be sent, instead of a sample ballot, notice
of the voter's polling place, information on where to obtain a sample ballot
prior to the election, a statement indicating that a sample ballot will be
available at the polling place on the day of the election, and, if applicable,
information on a county website where a sample ballot may be viewed.� This bill
provides that the voters must also be provided with the State voters� guide.�
The bill also allows for the county board of elections to provide a local
voters� guide.

���� Under the bill, a State
voters� guide must be distributed by the Secretary of State no later than 45
days prior to a primary or general election to every residence wherein a
registered voter resides whenever at least one Statewide elective office is
scheduled to appear on the primary or general election ballot.� The format and
layout of the State voters� guide will be determined by the Secretary of
State.� The bill provides that the voters� guide must also be provided in
electronic form.� The bill also provides the minimum requirements for
information contained in the voters� guide, including minimum requirements for
information regarding public questions.

���� The Secretary of State will
develop guidelines and procedures for the submission of candidate statements
and photographs for inclusion in the voters� guide.� The deadline for
submission must be at least 11 days after the nominating petition deadlines established
by law.� Candidate statements cannot include the name of any person or
incorporated association of New Jersey unless their written consent is filed
with the statement.

���� Whenever a county clerk elects
to publish and distribute a local voters� guide, the bill requires that the
guide comply with the provisions of this bill regarding the State voters�
guide.

���� The bill also provides that,
whenever applicable, the county clerk must send, by mail or electronically, the
State and local voters� guides to any military service or overseas voter
registered in the jurisdiction who has requested them.

���� Any person who publishes or
distributes any campaign material that is substantively similar to a voters�
guide that obstructs or suppresses, or intends to obstruct or suppress, a
person from exercising the right to vote will be liable to: (1) a civil penalty
of not less than $5 for each copy of the substantively similar material
distributed, or $10,000, whichever is greater, and (2) any legal expenses and
additional costs resulting from the violation incurred by the State.