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A1555
ASSEMBLY, No. 1555
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman CLINTON CALABRESE
District 36 (Bergen and Passaic)
Assemblywoman ELLEN J. PARK
District 37 (Bergen)
Assemblyman JOE DANIELSEN
District 17 (Middlesex and Somerset)
SYNOPSIS
���� Allows voter to cure mail-in ballot due to certain
envelope deficiencies or missing certificate, and to vote by provisional ballot
following receipt of cure letter.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning the curing of a mail-in ballot and amending
P.L.1999, c.232 and P.L.2009, c.79.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.� The Legislature finds and
declares that:
���� a.� Protecting an individual�s
right to vote is essential to maintaining a fair and functioning democracy
where every voice is heard.
���� b.� Establishing voting
safeguards for mail-in ballots are crucial to ensure that every legitimate vote
is counted accurately, while protecting against errors and potential fraud.
���� c.� Permitting individuals to
vote by mail expands participation, particularly for those who cannot vote
in-person due to disability, work, or health concerns.
���� d.� Notifying voters that
their mail-in ballot will be disqualified unless the voters cure rejected
mail-in ballots helps ensure that small errors do not lead to the loss of
legitimate votes.
���� e.� Transparent and accessible
ballot correction processes build trust in elections and uphold the integrity
of the democratic system.
���� 2.� Section 7 of P.L.1999,
c.232 (C.19:53C-1) is amended to read as follows:�
���� 7.� a.� (1)� The county clerk
or the municipal clerk, in the case of a municipal election, shall arrange for
the preparation of a provisional ballot packet for each election district.� It
shall include the appropriate number of provisional ballots, the appropriate
number of envelopes with an affirmation statement, the appropriate number of
written notices to be distributed to voters who vote by provisional ballot and
one provisional ballot inventory form affixed to the provisional ballot bag.�
The clerk shall arrange for the preparation of and placement in each
provisional ballot bag of a provisional ballot packet and an envelope
containing a numbered seal.� The envelope shall contain, on its face, the
instructions for the use of the seal, the number and the election district
location of the provisional ballot bag, and the identification numbers of the
seal placed in the envelope.� Each provisional ballot bag shall be sealed with
a numbered security seal before being forwarded to the appropriate election district.
���� (2)� Each provisional ballot
bag and the inventory of the contents of each such bag shall be delivered to
the designated polling place no later than the opening of the polls on the day
of an election.
���� b.��� The county clerk or the
municipal clerk, in the case of a municipal election, shall arrange for the
preparation of the envelope, affirmation statement, and written notice that is
to accompany each provisional ballot. The envelope shall be of sufficient size
to accommodate the provisional ballot, and the affirmation statement shall be
affixed thereto in a manner that enables it to be detached once completed and
verified by the county commissioner of registration. The statement shall
require the voter to provide the voter's name, and to indicate whether the
voter is registered to vote in a county but has moved within that county since
registering to vote; or is registered to vote in the election district in which
that polling place is located but the voter's registration information is
missing or otherwise deficient; or indicate the voter 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, or 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 but wants, nevertheless, to vote in the election
, or
has applied for and received a mail-in ballot and transmitted it to the county
board of elections and has received a cure letter, pursuant to section 17 of
P.L.2009, c.79 (C.19:63-17), and wants to vote in-person in the election,
either during the early voting period or on election day, using a provisional
ballot instead of curing the mail-in ballot
.� The statement shall further
require the voter to provide the voter's most recent prior voter registration
address and address on the day of the election and date of birth.� The
statement shall include the statement: "I swear or affirm, that the foregoing
statements made by me are true and correct and that I understand that any
fraudulent voting may subject me to a fine of up to $15,000, imprisonment up to
five years or both, pursuant to R.S.19:34-11."� It shall be followed
immediately by spaces for the voter's signature and printed name, and in the
case of a name change, the voter's printed old and new name and a signature for
each name, the date the statement was completed, political party affiliation,
if used in a primary election, and the name of the person providing assistance
to the voter, if applicable.� Each statement 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. Each statement
shall also note the number of the election district, or ward, and name of the
municipality at which the statement will be used.� The Secretary of State shall
prepare for inclusion in the affirmation statement language for the voter to
submit the information required in the registration form described in section
16 of P.L.1974, c.30 (C.19:31-6.4) in order to enable the county commissioner
of registration to process the statement as a voter registration application,
which shall be valid for future elections if the individual who submitted the
provisional ballot is determined not to be a registered voter.� The Secretary
of State shall also prepare and shall provide language for any written
instructions necessary to assure proper completion of the statement.
���� The written notice shall
contain information to be distributed to each voter who votes by provisional
ballot.� The notice shall state that, if the voter is a mail-in registrant
voting for the first time in his or her current county of residence following
registration and was given a provisional ballot because he or she did not
provide required personal identification information, the voter shall be given
until the close of business on the second day after the election to provide
identification to the applicable county commissioner of registration, and the
notice shall contain a telephone number at which the commissioner may be
contacted.� The notice shall further state that failure to provide the required
personal identification information within that time period shall result in the
rejection of the ballot.� The notice shall state that pursuant to section 4 of
P.L.2004, c.88 (C.19:61-4), any individual who casts a provisional ballot will
be able to ascertain under a system established by the State whether the ballot
was accepted for counting, and if the vote was not counted, the reason for the
rejection of the ballot.� The notice shall include instructions on how to
access such information.
���� c.��� For the primary for the
general election, the provisional ballots shall be printed in ink on paper of a
color that matches the color of the voting authority, which shall indicate the
party primary of the voter. The provisional ballots shall be uniform in size,
quality and type and of a thickness that the printing thereon cannot be
distinguished from the back of the paper, and without any mark, device or
figure on the front or back other than as provided in P.L.1999, c.232
(C.19:53C-1 et seq.).� Each such ballot shall include near the top thereof and
in large type the designation PROVISIONAL BALLOT.� In all other respects, the
provisional ballots shall conform generally to the other ballots to be used in
the election district for the primary election.
���� The clerk of the county or
municipality shall arrange for the preparation of each provisional ballot
package with an appropriate number of provisional ballots for each political
party, a corresponding number of envelopes with affirmation statements, and a
corresponding number of written notices.� Additional provisional ballots,
envelopes, and notices shall be available for delivery to that election
district on the day of the election, if necessary.
���� d.��� For the general election
the provisional ballots shall be printed in ink.� The provisional ballots shall
be uniform in size, quality and type and of a thickness that the printing
thereon cannot be distinguished from the back of the paper, and without any
mark, device or figure on the front or back other than as provided in this act.
Each such ballot shall include near the top thereof and in large type the
designation PROVISIONAL BALLOT.� In all other respects, the provisional ballots
shall conform generally to the other ballots to be used in the election
district for the general election.
���� The clerk of the county or
municipality shall arrange for the preparation of each provisional ballot
package with an appropriate number of provisional ballots, a corresponding
number of envelopes with affirmation statements, and a corresponding number of
written notices.� Additional provisional ballots, envelopes, and notices shall
be available for delivery to that election district on the day of the election,
if necessary.
���� e.��� For a school election
the provisional ballots shall be printed in ink.� The provisional ballots shall
be uniform in size, quality and type and of a thickness that the printing
thereon cannot be distinguished from the back of the paper, and without any mark,
device or figure on the front or back other than as provided in this act.� Each
such ballot shall include near the top thereof and in large type the
designation PROVISIONAL BALLOT.� In all other respects, the provisional ballots
shall conform generally to the other ballots to be used in the election
district for the school election.
���� The clerk of the county shall
arrange for the preparation of each provisional ballot package with an
appropriate number of provisional ballots, a corresponding number of envelopes
with affirmation statements, and a corresponding number of written notices.�
Additional provisional ballots, envelopes, and notices shall be available for
delivery to that election district on the day of the election, if necessary.
���� f.���� Following the effective
date of P.L.2004, c.88 (C.19:61-1 et al.), a provisional ballot that requires
the voter to punch out a hole in the ballot as a means of recording the voter's
vote shall not be used in any election in this State.
���� g.��� (Deleted by amendment,
P.L.2011, c.134).
(cf: P.L.2020, c.70, s.7)
���� 3.� Section 17 of P.L.2009,
c.79 (C.19:63-17) is amended to read as follows:�
���� 17.� a.� The county board of
elections shall, promptly after receiving each mail-in ballot, remove the inner
envelope containing the ballot from the outer envelope and shall compare the
signature and the information contained on the flap of the inner envelope with
the signature and information contained in the respective requests for mail-in
ballots and the signature and information contained in the Statewide voter
registration system.� In addition, as to mail-in ballots issued less than seven
days prior to an election, the county board of elections shall also check to
establish that the mail-in voter did not vote in person.� The county board
shall reject such a ballot if it is not satisfied, pursuant to a comparison
with the Statewide voter registration system, that the voter is legally
entitled to vote and that the ballot conforms with the requirements of this
act.� The county board of elections shall conduct the determination of
qualification of each voter in accordance with the requirements of the Certificate
of Mail-in Voter pursuant to section 13 of P.L.2009, c.79 (C.19:63-13).� �� In
the case of a mail-in ballot to be voted at a primary election for the general
election, the ballot shall be rejected if the mail-in voter has indicated in
the certificate the voter's intention to vote in a primary election of any
political party in which the voter is not entitled to vote according to the
Statewide voter registration system, and if it shall appear from the record
that the voter is not entitled to vote in a primary election of the political
party which has been so indicated.
���� Any mail-in ballot which is
received by a county board of elections shall be rejected if the inner envelope
is unsealed or if either the inner or outer envelope has a seal that has been
tampered with
, except that when the voter failed to insert the voted mail-in
ballot in the inner envelope, or failed to sign or complete the certificate of
mail-in voter on the inner envelope, or when the inner or outer envelope is
missing or unsealed, or when the seal has been tampered with, the county board
of elections shall permit the voter to cure the mail-in ballot as provided
under subsection b. of this section
.� Mail-in ballots shall not be rejected
due to any defect arising out of or relating to the preparation or mailing of
the ballot or envelope that was not reasonably caused by the voters, such as a
torn envelope and missing or insufficient glue to allow the ballot to be
sealed.
���� Disputes about the
qualifications of a mail-in voter to vote or about whether or not or how any
mail-in ballot shall be counted in such election shall be referred to the
Superior Court for determination, as provided under section 4 of P.L.2020, c.70
(C.19:63-17.1).
���� After such investigation, the
county board of elections shall detach or separate the certificate from the
inner envelope containing the mail-in ballot, unless it has been rejected by it
or by the Superior Court, marking the envelope so as to identify the election
district in which the ballot contained therein is to be voted as indicated by
the voter's home address appearing on the certificate attached to or
accompanying the inner envelope and, in the case of ballots to be voted at a
primary election for a general election, so as to identify the political party
in the primary election of which it is to be voted.
���� The location at which a county
board of elections determines whether a mail-in ballot shall be accepted or
rejected shall be considered an election district for the purposes of
appointment of challengers.
���� b.��� The county board of
elections shall, promptly after receiving each mail-in ballot, undertake the
following procedures and requirements concerning the acceptance or rejection of
each mail-in ballot
, which shall not require a vote of the board of
elections to be undertaken
:
���� (1)� within 24 hours after the
decision has been made to reject a voter's mail-in or provisional ballot on the
basis of a missing signature or discrepant signature, issue a "Cure
Letter" by mail or email to the voter whose ballot was rejected, which
shall inform the voter of that fact and provide the reasoning for rejection,
and attempt to contact the voter by telephone, if a telephone number is
available.� The cure letter shall include a "Cure Form" and the form
shall include the voter's name and instruct the voter on how to cure the
alleged or actual deficiency.� Cure forms shall not be referred to as
affidavits or certifications and shall not be required to be sworn;
���� (2)� when the alleged or
actual deficiency involves the signature of the voter, instruct the voter that
they may cure the deficiency by completing the cure form and returning it to
the county board of elections in person, by fax, or by email, not later than 48
hours prior to the final certification of the results of the election other
than the general election, or in the case of a general election within 11 days
after the general election, or by returning it to the county board of elections
by mail, and that the completed cure form must be received by the county board
of elections not later than 48 hours prior to the final certification of the
results of the election other than the general election, or in the case of a
general election within 11 days after the general election;
���� (3)� include, with the cure
letter, when sent by mail, a pre-printed cure form and a postage-paid return
envelope addressed to the county board of elections which the voter may use to
return the cure form;
[
and
]
���� (4)� inform voters that they
shall not be required to submit any form of hard-copy identification document
or copy thereof in order to cure a signature deficiency, but may do so by
declaring that they submitted their provisional ballot or mail-in ballot, and
verifying their identity by either: (a) providing a valid New Jersey driver's
license number or Motor Vehicle Commission non-driver identification number; or
(b) if the voter does not have a valid New Jersey driver's license number or
Motor Vehicle Commission non-driver identification number, then by providing
the last four digits of their Social Security Number; or (c) if the voter does
not have the identification in (a) or (b), then attaching a legible copy of a
New Jersey State-accepted form of identification, including either a sample
ballot which lists the voter's name and address, an official federal, State,
county, or municipal document which lists the voter's name and address, or a
utility bill, telephone bill, or tax or rent receipt which lists the voter's
name and address; and (d) signing and dating the cure form prior to returning
it
;
����
(5)� when the deficiency is
because the voter failed to insert the voted mail-in ballot in the inner
envelope, or failed to sign or complete the certificate of mail-in voter on the
inner envelope, or when the inner or outer envelope is missing or unsealed, or
when the seal appears to have been tampered with, provide the voter with a new
mail-in ballot, inform the voter of the defect through the cure letter required
pursuant to this subsection, and permit the voter to cure the defect by
submitting the new completed ballot by mail, returning it to the county board
of elections in person, or placing it into a ballot drop box, in accordance
with the timeframes applicable to the return of completed mail-in ballots
provided under current law; and
����
(6)� when a voter has
applied for and received a mail-in ballot and transmitted it to the county
board of elections and has received a cure letter and, if applicable, a cure
form, for any reason as provided in this subsection, prior to the day of the
election, the voter shall be permitted to vote in-person, either during the
early voting period or on election day, using a provisional ballot pursuant to
section 7 of P.L.1999, c.232 (C.19:53C-1).�
����
All cure letters shall
include instructions informing the voter of the option to vote in-person,
either during the early voting period or on election day, using a provisional
ballot instead of having to return the cure form or replacement mail-in ballot,
as applicable
.�
���� c.��� If a voter returns a
completed cure form in a timely manner and the information provided verifies
the voter's identity, pursuant to this section, their otherwise valid mail-in
or provisional ballot shall be counted in the final election results irrespective
of any signature deficiency previously identified and, under those
circumstances, the cure form may not be verified or authenticated using
signature matching.
���� d.��� In accordance with this
section, variations in voter signatures caused by the substitution of initials
for the first name, middle name, or both, shall not be grounds for the county
board of elections to determine that the signatures are non-conforming or do
not match.
���� e.��� In cases of rejected
ballots, the county board of elections shall retain the voter's outer envelope,
inner envelope, self-certification certificate, and mail-in ballot in a bundle
unique to each voter for a period of two years in accordance with section 24 of
P.L.2009, c.79 (C.19:63-24).
���� f.���� County boards of
elections shall be required to meet at least
twice each week during the
four-week period preceding each general election and at least
once each
week during the three-week period preceding
[
each
election
]
all other elections
to conduct the ballot processing and curing
provisions specified in this section, and shall meet more frequently as may be
required by the Secretary of State to ensure the timely processing of ballots.
���� The Secretary of State shall
prepare educational materials regarding this section that all employed county
boards of elections employees handling ballots shall read and have available
for review.� The materials shall provide clear information regarding the
standards for acceptance and rejection of mail-in ballots and the safe-keeping
of all materials in the case of rejection.� The materials shall serve an
educational purpose for the county board of elections and shall not replace,
supersede, or void the authority of the county board or a judge of the Superior
Court to accept or reject a mail-in ballot.
(cf: P.L.2023, c.124, s.16)
�����
4. Section 20 of
P.L.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.
���� b.��� Any person who: (1) 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; (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 (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.
����
c.� Any person who has
received a notification that the voter�s mail-in ballot was not submitted
properly due to a defect under section 17 of P.L.2009, c.79 (C.19:63-17) 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.
(cf: P.L.2018, c.72, s.7)
���� 5.� This act shall take effect
immediately.
STATEMENT
���� This bill allows a voter to
cure the voter�s mail-in ballot if the voter failed to insert the voted mail-in
ballot in the inner envelope, if the voter failed to sign or complete the
certificate on the inner envelope, if the inner or outer envelope is missing or
unsealed, or if the seal appears to be tampered with.
���� Under current law, each
mail-in voter is required to complete the voter�s mail-in ballot and insert it
in the inner envelope, which includes the Certificate of Mail-in Voter that is
attached to the flap of the inner envelope.� The voter must seal the inner
envelope, sign the certificate, and then place the inner envelope containing
the mail-in ballot inside the outer envelope for mailing to the county board of
elections.� Under current law, when a ballot would be disqualified because of a
missing or discrepant signature, the voter is permitted to cure that defect.�
Under current law, ballots are disqualified if they arrive at the county board
of elections without being enclosed inside the inner envelope, if the
certificate is not signed, if the inner or outer envelope is missing or
unsealed, or if the seal appears to be tampered with.� Voters who return
mail-in ballots with these deficiencies are not given the opportunity to cure
their ballots in order to have them counted.� Only voters whose ballots are disqualified
on the basis of a missing or discrepant signature are currently allowed to cure
their ballots.
���� The bill would give the voter
the opportunity to submit a new mail-in ballot if the voter failed to enclose
the ballot in the inner envelope, sign the certificate, if the voter failed to
provide or properly seal the inner or outer envelope, or if the seal appears to
be tampered with.� The county board of elections is directed to provide the
voter with a new ballot and a cure letter informing the voter of the defect.�
Under the bill, the voter has the opportunity to cure the defect by submitting
the new completed ballot by mail, returning it to the county board of elections
in person, or placing it into a ballot drop box, in accordance with the same
timeframes applicable to the return of completed mail-in ballots provided under
current law.�
���� The bill would also permit a
voter who receives a cure letter as a result of such defects, or due to a
missing or discrepant signature, in the submitted mail-in ballot to vote
in-person either during the early voting period or on election day using a provisional
ballot instead of submitting a new mail-in ballot.