Allows voter registration at polling place on election day or at early voting site during early voting period.

A1698

ASSEMBLY, No. 1698

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Co-Sponsored by:

Assemblymen Spearman, Verrelli, Tully, Assemblywomen Swain,
Speight, Carter, McCoy, Haider, Assemblymen Miller, Schnall, Assemblywomen
Drulis, Collazos-Gill, Bagolie, Park, Assemblymen Freiman, Singh, Danielsen and
Assemblywoman Brennan

SYNOPSIS

���� Allows voter registration at polling place on
election day or at early voting site during early voting period.

CURRENT VERSION OF TEXT

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

��

An Act
concerning voter registration 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.19:31-6 is amended
to read as follows:

���� 19:31-6.� Any person qualified
to vote in an election shall be entitled to vote in the election if the person
shall have registered to vote on or before the 21st day preceding the election
by:

���� a.���� registering in person
at any offices designated by the commissioner of registration for providing and
receiving registration forms;

���� b.��� completing a voter
registration form while applying for a motor vehicle driver's license from an
agent of the New Jersey Motor Vehicle Commission, as provided for in section 24
of P.L.1994, c.182 (C.39:2-3.2);

���� c.���� completing and
returning to the Secretary of State or having returned thereto a voter
registration form received from a voter registration agency, as defined in
subsection a. of section 26 of P.L.1994, c.182 (C.19:31-6.11), while applying
for services or assistance or seeking a recertification, renewal or change of
address at an office of that agency;

���� d.��� completing and returning
to the Secretary of State a voter registration form obtained from a public
agency, as defined in subsection a. of section 15 of P.L.1974, c.30
(C.19:31-6.3);

���� e.���� completing and
returning to the Secretary of State or having returned thereto a voter
registration form received from a door-to-door canvass or mobile registration
drive, as provided for in section 19 of P.L.1974, c.30 (C.19:31-6.7);

���� f.���� completing and
returning to the Secretary of State a federal mail voter registration form, as
prescribed in subsection (b) of section 9 of the "National Voter
Registration Act of 1993,"

(42 U.S.C. s. 1973gg et seq.);

���� g.��� completing and returning
to the Secretary of State or the appropriate county clerk an application for a
federal postcard application form to register to vote, as permitted pursuant to
the federal "Uniform and Overseas Citizens Absentee Voting Act" 52
U.S.C. s.120301 et seq.) and section 4 of P.L.1976, c.23

(C.19:59-4);

���� h.��� completing a provisional
ballot affirmation statement and voting the provisional ballot in the previous
election, if the person who submitted the provisional ballot in that election
is determined not to be a registered voter; or

���� i.���� completing and
submitting an online voter registration form

available on the Secretary of State's Internet website, as provided under
section 1 of P.L.2019, c.382 (C.19:31-6.4c).

����
Any person qualified to
vote in an

election

who does not register

to

vote

on

or

before

the

21st

day

preceding

the

election

in

accordance

with

this

section

shall

be

entitled

to

vote

in

the

election

by

provisional

ballot

and

to

have

that

provisional

ballot

be

counted,
if otherwise valid, if the person appears at the person�s

assigned

polling

place

on

the

day

of

the

election

or

at

an

early

voting
site in the person�s county during the early voting period

provided the
person:

����
(a)�� provides the
information needed for completing a voter registration form;

����
(b)�� displays, including
on an electronic device, a copy of one of the following items: (i) a current
and valid photo identification card; (ii) a current utility bill, bank
statement, government check, or pay check; (iii) any other government document
that shows the voter�s name and current address; or (iv) any other identifying
document that the Secretary of State has determined to be acceptable for this
purpose; and

����
(c)�� completes a
provisional ballot affirmation statement and affirms that the person has not
previously voted in that election, and upon voting will not thereafter vote in
that election.

����
In addition to the
procedure for registering and casting a provisional ballot pursuant to this
section, a person may register and cast a ballot on the day of the election or
during the early voting period by any other means as may be approved by the
Secretary of State that ensure the security of the ballot and the electoral
process. �If those other means approved by the Secretary of State require
additional funding, the additional funding shall be provided by the State.

����
Notwithstanding the
requirement in this section that a person appears at the person�s assigned
polling place on the day of the election, if on the day of the election a
person appears and meets the requirements of this subsection at another polling
place within the person�s county of residence, the registration shall be
effective if otherwise valid and the person�s ballot shall count for the
offices and public questions for which the person would otherwise have been
eligible to cast a ballot based on that person�s address.

���� When the commissioner has
designated a place or places other than his office for receiving registrations,
the commissioner shall cause to be published a notice in a newspaper circulated
in the municipality wherein such place or places of registration shall be
located.� Such notice shall be published pursuant to R.S.19:12-7.

���� Any office designated by the
commissioner of registration for receiving registration forms shall have
displayed, in a conspicuous location, registration and voting instructions.�
These instructions shall be the same as those provided for polling places under

R.S.19:9-2 and shall be provided by the commissioner

(cf: P.L.2022, c.72, s.16)

���� 2.��� Section 1 of P.L.1966,
c.177 (C.19:31-6.1) is amended to read as follows:

���� 1.��� Notwithstanding any
other provisions of the Title to which this act is a supplement, any person
authorized by law to accept applications for voter registration shall accept,
during the 20-day period prior to any election, the application for
registration of all eligible voters who shall personally appear for
registration before such person, or the registration card mailed or delivered
to such person, but no eligible voter so registered shall be entitled to vote
in the election immediately following said 20-day period
, except as provided
under R.S.19:31-6
.� Any person registered under the provisions of this act
after
the 21st day preceding an election
shall be advised that
[
he
]

the person

will
[
not
]
be eligible
to vote in the election immediately forthcoming
[
but
]

only as provided pursuant to
R.S.19:31-6 for voting on the day of the election or during the early voting
period and
will be eligible to vote in elections held thereafter.

���� Applications for registration
pursuant to the provisions of this act shall be received at such place or
places as may be designated by any duly authorized election official.

(cf: P.L.2005, c.139, s.9)

���� 3.��� Section 15 of P.L.1974,
c.30 (C.19:31-6.3) is amended to read as follows:

���� 15. a. As used in this
section, "public agency" shall mean:

���� The Division of Worker's
Compensation, the Division of Employment Services and the Division of
Unemployment and Temporary Disability Insurance, established initially by
section 5 of P.L.1948, c.446 (C.34:1A-5), in the Department of Labor and
Workforce Development;

���� The Division of Taxation in
the Department of the Treasury, continued under section 24 of P.L.1948, c.92
(C.52:18A-24);

���� The New Jersey Transit
Corporation, established pursuant to section 4 of P.L.1979, c.150 (C.27:25-4);

���� Any free county library
established under the provisions of article 1 of chapter 33 of Title 40 of the
Revised Statutes;

���� Any regional library
established under the provisions of P.L.1962, c.134 (C.40:33-13.3 et seq.);

���� Any free public library
established under the provisions of article 1 of chapter 54 of Title 40 of the
Revised Statutes;

���� Any joint free public library
established under the provisions of P.L.1959, c.155 (C.40:54-29.3 et seq.);

���� Any public institution of
higher education as included under the provisions of N.J.S.18A:62-1;

���� Any eligible institution, as
defined by subsection a. of section 3 of P.L.1979, c.132 (C.18A:72B-17), that
receives financial assistance, aid, or grants from State funds;

���� Any office or commercial
establishment where State licenses or permits, other than licenses or permits
issued by a professional or occupational board established under the laws of
this State, are available to individual members of the public; and

���� Any recruitment office of the
New Jersey National Guard.

���� b.��� Any person entitled to
register to vote may register as a voter in the election district in which that
person resides at any time prior to the 21st day preceding any election by
completing a registration form described in section 16 of P.L.1974, c.30 (C.19:31-6.4)
and submitting the form to the commissioner of registration of the county
wherein the person resides or alternatively, in the case of a registration form
provided by the employees or agents of a public agency or a voter registration
agency, as defined in subsection a. of section 26 of P.L.1994, c.182
(C.19:31-6.11), to those employees or agents or to the
[
Attorney
General
]

Secretary of State
. Any registration form addressed to a commissioner of
registration may be mailed to or delivered to the office of that commissioner,
and in the case of a registration form available at a public agency, the form
shall be mailed to the
[
Attorney
General
]

Secretary of State
or delivered to the commissioner of registration in
the county of the registrant.� A registration form postmarked, stamped or
otherwise marked as having been received from the registration applicant, on or
before the 21st day preceding any election shall be deemed timely.

(cf: P.L.2005, c.139, s.10)

���� 4.��� Section 17 of P.L.1974,
c.30 (C.19:31-6.5) is amended to read as follows:

���� 17. a. Upon receipt of any
completed registration form, the commissioner of registration shall review it,
and if it is found to be in order, shall:

���� (1)�� Send to the registrant
written notification that such registrant is duly registered to vote.� No
registrant shall be considered a registered voter until the commissioner of
registration reviews the application submitted by the registrant and deems it
acceptable.�
This paragraph shall not be construed to prohibit a person who
registers to vote on the day of an election, or during the early voting period
as provided pursuant to R.S.19:31-6, from being able to vote a ballot as
provided thereunder notwithstanding that the person�s registration is deemed
acceptable by the commissioner of registration after the day of election.
�
On the face of such notification in the upper left-hand corner shall be printed
the words:� "Do Not Forward. Return Postage Guaranteed.� If not delivered
in 2 days, return to the Commissioner of Registration."

���� (2)�� In as timely a manner as
possible, enter the information provided for the registrant on the completed
registration form, or electronically transfer the information from an online
voter registration form completed pursuant to section 1 of P.L.2019, c.382 (C.19:31-6.4c),
into the Statewide voter registration system established pursuant to section 1
of P.L.2005, c.145 (C.19:31-31).

���� (3)�� Paste, tape, or
photocopy the completed registration form onto an original registration form,
and shall paste or tape a copy of such completed registration form onto a
duplicate registration form, both of which shall be filed as provided in
R.S.19:31-10.� Nothing in this paragraph shall preclude any commissioner of
registration from keeping the original mail registration form on file.

���� (4)�� In the case of a
registrant currently registered in another county of this State, notify the
commissioner of registration of such other county to remove the individual's
name from the registry list of voters of the county and place into an
appropriate retention file all registration documents or material relating to
that voter.� The commissioner of registration of the current county of the
registrant shall secure and maintain the entire voting history of that
registrant.

���� b.��� The commissioner shall
notify a registrant of the reasons for any refusal to approve his registration
within
two business days of such determination
.

���� c.���� (Deleted by amendment,
P.L.1994, c.182.)

(cf: P.L.2019, c.382, s.3)

���� 5.��� R.S.19:31-11 is amended
to read as follows:

���� 19:31-11. a.� In all counties
within the State, change of residence notices shall be made: (1) by a written
request, signed by the registrant, forwarded to the commissioner by mail, and
actually received by the commissioner; (2) by calling in person at the office
of the commissioner or the municipal clerk; or (3) by completing and submitting
a change of residence notice online as provided by the Secretary of State.� The
commissioner shall provide change of residence notices in card form for the use
of any registered voter moving to another address within the same election
district; to another election district within the same county; or to another
election district in another county for processing as provided under subsection
c. of this section.� Copies of these notices shall also be available at the
office of the municipal clerk in each municipality.� Each municipal clerk shall
transmit daily to the commissioner all the filled out change of residence
notices that may be in the municipal clerk's office at the time.� These notices
shall be printed upon cards, shall contain a blank form showing where the
applicant last resided and the address and exact location to which the
applicant has moved and shall have a line for the applicant's signature,
printed name and date of birth.� Upon receipt of such change of residence
notice the commissioner shall cause the signature to be compared with the
registration forms of the applicant and, if such signature appears to be of and
by one and the same legal voter, the commissioner shall cause the entry of the
change of residence to be made on those registration forms and the registrant
shall thereupon be qualified to vote in the election district to which the
registrant shall have so moved.� If the commissioner is not satisfied as to the
signature on the request for a change of residence, a confirmation notice as
prescribed by subsection d. of R.S.19:31-15 shall be sent by mail with postage
prepaid to the registrant at the new address.

���� The application for change of
residence shall be filed with the commissioner or municipal clerk, as the case
may be, on or before the 21st day preceding any election.

���� b.��� In any county any voter
who, prior to an election, shall move within the same county after the time
above prescribed for filing an application for change of residence without
having made application for change of residence, or who has not returned a confirmation
notice sent to the voter by the commissioner of registration of the county, if
such a notice has been sent to the voter, or who has not moved since the
previous election but whose registration information is missing or otherwise
deficient, or has otherwise failed to notify the commissioner of registration
of the voter's change of address within the county, shall be permitted to vote
in that election in the district to which the voter has moved, upon making a
written affirmation regarding the change of address at the polling place of the
district in which the voter resides on the day of the election
or at an
early voting site in the person�s county during the early voting period
.�
No identifying document shall be required from the voter for this affirmation.�
A district board member shall provide the voter with a provisional ballot, and
an envelope with an affirmation statement that conforms with the requirements
for such documents contained in subsection b. of section 7 of P.L.1999, c.232
(C.19:53C-1).� The voter shall complete the provisional ballot and affirmation
statement, place the ballot in the envelope, seal and return it to the district
board member.� The board member shall review the information in the affirmation
statement for completeness before forwarding it for inspection, tabulation and
notation by the county board of elections, as provided for by sections 7
through 26 of P.L.1999, c.232 (C.19:53C-1 through C.19:53C-20).� The
affirmation statement shall constitute a transfer to the registrant's new
residence for any subsequent election.� However, if the voter has moved from
one residence to another within the same election district at any time, the
voter shall be permitted to vote in such election district at any election in
the same manner as other voters at the polling place upon written affirmation
by the registrant to the district board member of the registrant's change of
address.

����
In place of a provisional
ballot, the voter may use any other manner of voting approved by the Secretary
of State that ensures the security of the ballot and the electoral process, as
provided pursuant to R.S.19:31-6 for voting on the day of the election or
during the early voting period.

���� c.���� A voter who moves from
an election district in one county to an election district in another county
prior to the close of registration preceding an election shall register in the
new county of residence, in accordance with the provisions of R.S.19:31-6, or
shall file a change of residence notice with the commissioner of either county
or complete and submit that notice online as provided by the Secretary of
State, in order to be permitted to vote.� A change of residence notice filed by
a voter pursuant to this subsection shall cause the commissioners of the county
of previous residence and the county of new residence to update the voter
registration record of that voter.� The commissioner of the county of new
residence shall notify the voter by mail that the voter is now registered to
vote in that county or, if the notice submitted by the voter is incomplete, to
request any additional information or documentation necessary to finalize the
change of residence notice.� Nothing in this subsection shall be interpreted to
waive the requirement specified under R.S.19:31-5 that the voter shall have
been a resident of the county of new residence for at least 30 days prior to
being eligible to vote in any election in that county.

(cf: P.L.2022, c.67, s.12)

���� 6.��� R.S.19:31-13 is amended
to read as follows:

���� 19:31-13.� Whenever the
registrant after his or her original registration shall change his or her name
due to marriage, divorce, or by judgment of court, the registrant shall in
person or by mail submit to the commissioner of registration a written statement
notifying the commissioner of the change, which statement shall take such form,
and be printed on a postal card suitable for mailing of such design, as the
[
Attorney
General
]

Secretary of State
shall prescribe and shall be signed by the
registrant.� A registrant may complete the form online as provided by the
Secretary of State.� The commissioner, upon receipt of such a notice of change
of name, shall revise accordingly the name of the registrant as it appears
among the items of information concerning the registrant included on the
registrant's registration forms, shall make a photographic copy of the notice
of name change submitted by the registrant, and shall affix the original notice
so submitted to the registrant's original registration form and the
photographic copy of that notice to the registrant's duplicate registration
record.

���� When notice of such change in
name has not been received by or filed with the commissioner prior to the 21st
day preceding any election, such person may be permitted to vote under the name
under which the person was registered prior to that change at the first
election following such change in name at which the person shall appear to
vote, after signing the signature copy register with both the registered name
and his or her new name.� The commissioner shall then revise accordingly the
name of the registrant as it appears on the registrant's registration forms,
make a photographic copy of the notice, and affix the original and copy of the
notice to the registrant's permanent registration forms as hereinabove
prescribed.

(cf: P.L.2022, c.67, s.13)

���� 7.��� 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 is registering to vote pursuant to
R.S.19:31-6;
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.� The statement shall further
require the voter to provide the voter's most recent prior voter registration
address
, if applicable,
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."�
The
statement shall also include the additional affidavit statements required for
individuals registering to vote at a polling place or at an early voting site
pursuant to R.S.19:31-6 for voting on the day of the election or during the
early voting period.
�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.�
Each statement shall also include space
for the appropriate official to indicate if a person registering to vote at a
polling place on the day of the election or at an early voting site pursuant to
R.S.19:31-6 displayed identification as provided in that section.
�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
, or
consistent with R.S.19:31-6, for the current election,
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
or if the voter is a
person registering to vote at a polling place on the day of the election or at
an early voting site pursuant to R.S.19:31-6 who fails to display
identification,
the voter shall be given until
[
the close of business on the
second day after the election
]

48 hours prior to the final certification of the results of 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
, unless the person is
registering to vote at a polling place on the day of the election or early
voting site pursuant to R.S.19:31-6 and the county commissioner of registration
is able to verify the accuracy of the person�s New Jersey driver�s license
number or non-driver identification number from the Motor Vehicle Commission database,
or the last four digits of the person�s Social Security Number, as provided as
part of the provisional ballot affirmation statement.
� 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: 2020, P.L, c.70, s.7)

���� 8.��� Section 9 of P.L.1999,
c.232 (C.19:53C-3) is amended to read as follows:

���� 9.��� Whenever a voter enters
a polling place to vote on the day of an election and the circumstance of that
voter matches the circumstance of a voter described in subsection b. of
R.S.19:31-11, the district board shall query the voter and follow the appropriate
procedure herein described. �
This section shall apply to the greatest extent
possible to early voting sites. �The Secretary of State may issue guidelines or
regulations governing the application of this section to early voting.

���� a.���� If, at any time, the
voter has moved from one residence to another in the same election district,
the board shall permit the voter to vote at that polling place in the same
manner as other voters at the polling place upon written affirmation by the
voter to the district board.

���� b.��� If the voter has moved
within a municipality but currently resides in an election district different
from that listed for the voter by the commissioner of registration, the
district board shall direct the voter to the appropriate election district and
polling place for the voter and inform that person that: (1) the person must go
to that polling place to vote; and (2) the person will be permitted to vote
thereat by provisional ballot after completing an affirmation statement
or
by using any other manner of voting approved by the Secretary of State that
ensures the security of the ballot and the electoral process as provided
pursuant to R.S.19:31-6 for the voting on the day of the election or during the
early voting period
.

���� c.���� If the voter has moved
within the county but currently resides in a municipality different from that
listed for the voter by the commissioner of registration, the district board
shall determine the appropriate election district and polling place for the voter
and inform that person that: (1) the person must go to that polling place to
vote; and (2) the person will be permitted to vote thereat by provisional
ballot after completing an affirmation statement
or by using any other
manner of voting approved by the Secretary of State that ensures the security
of the ballot and the electoral process as provided pursuant to R.S.19:31-6 for
the voting on the day of the election or during the early voting period
.

���� d.���
[
If, on or
before the� 21st day prior to the day of the election, the voter has moved into
the county from another county or state and has not registered to vote in that
county, the board shall inform the voter that he is not eligible to vote in
that county at that election.
]
�

(Deleted by amendment P.L.��� , c.�� ) (pending before the Legislature as
this bill).

���� e.���� If, after the�
[
21st
]

30th

day prior to the day of an election, the voter has moved into the county from
another county in this State, the board shall inform the voter that: (1) the
voter is not eligible to vote in the county where he resides currently at that
election; and (2) the voter may be eligible to vote in the election district
where the voter resided prior to moving to the voter's current residence.

���� f.���� If the voter's
registration information has been marked by the county commissioner of
registration to indicate a problem therewith, or if the voter's sample ballot
has been returned as undeliverable to the county or municipal clerk, as the
case may be, but the voter states that the voter has not moved prior to the day
of an election, but instead continues to reside at the same address the voter
resided at when voting previously, the voter shall be permitted to vote in such
election district in the same manner as other voters at the polling place upon
written affirmation to the district board of that election district.

���� g.��� If the voter's
registration information is missing, the voter shall be permitted to vote by
provisional ballot after completing the affirmation statement attached to the
envelope provided with the provisional ballot
or by any other means approved
by the Secretary of State pursuant to R.S.19:31-6.� A voter who does not
display identification pursuant to R.S.19:31-6 for voting on the day of the
election during the early voting period shall still be permitted to vote by
provisional ballot after completing the affirmation statement attached to the
envelope provided with the provisional ballot
.

���� h.��� In accordance with the
requirements of subsection (c) of section 302 of Pub.L.107-252 (42
U.S.C.s.15482), whenever a voter is voting as a result of a federal or State
court order or any other order extending the time established for closing the
polls in effect 10 days before the date of an election, the voter may vote only
by provisional ballot.� Any such ballot shall be separated by the county board
from other provisional ballots cast at the election and the results shall be
canvassed and recorded separately in the official canvas for the election.

���� i.���� Any person who,
pursuant to subsection b. of R.S.19:15-17, votes by provisional ballot at the
polling place because of his or her failure to provide required personal
identification information shall be given until
[
the close of business on the
second day after the election
]

48 hours prior to the final certification of the results of the election

to provide the applicable county commissioner of registration with the
identification information.� Failure to provide the required personal
identification information within that time period shall result in the
rejection of the ballot.

���� j.���� If the voter (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; or (2) has applied
for and received a mail-in ballot and has not transmitted it to the county
board of elections or given it to� a bearer for delivery to the county board
before the time for the opening of the polls on the day of an election, the
voter shall be permitted to vote at that election by provisional ballot after
completing the affirmation statement attached to the envelope provided with the
provisional ballot.

����
k.��� If a person casts on
the day of the election a provisional ballot at a polling place within the
person�s county of residence that is other than the person�s assigned polling
place, the person�s ballot, if otherwise valid, shall count for the offices and
public questions for which the person would otherwise have been eligible to
cast a ballot based on that person�s address.

(cf: P.L.2009, c.79, s.34)

���� 9.��� Section 19 of P.L.1999,
c.232 (C.19:53C-13) is amended to read as follows:

���� 19. When the office of the
commissioner of registration receives a provisional ballot bag that has been
found to be in good order, the commissioner thereof shall first break the seal
and open the bag.� In any county where the superintendent of elections is the
commissioner of registration, the county board of elections may sort the
provisional ballots if so agreed to in advance by both the superintendent and
the board.� Envelopes marked "SPOILED" shall be set aside and remain
unopened.� The name, signature and other information contained on the form as
supplied by a voter shall be compared with the name, signature and other
information that the commissioner of registration has in the Statewide voter
registration system for that voter
, except for voters registering to vote at
a polling place on the day of the election or at an early voting site pursuant
to R.S.19:31-6 for whom no information exists in the Statewide voter
registration system. �No provisional ballot cast by a voter registering to vote
at a polling place on the day of the election or at an early voting site
pursuant to R.S.19:31-6 shall be rejected due solely to the absence of a
pre-existing entry in the Statewide voter registration system.
� No
affirmation statement shall be separated from a provisional ballot envelope
until all affirmation statements have been reviewed by the commissioner of
registration.�
Voters registering to vote at a polling place on the day of
the election or at an early voting site consistent with R.S.19:31-6 shall have
their information added to the Statewide voter registration system after review
of the affirmation statement by the commissioner of registration.
�After a
comparison of the voter's address is completed by the commissioner of
registration and prior to separating the affirmation statement from the
envelope and counting the ballot, the letter "p" shall be placed
adjacent to the voter's name in the Statewide voter registration system and on
the signature copy register together with the name of the municipality in which
the voter voted the provisional ballot.� If two provisional ballots from the
same voter are received, both such ballots shall not be counted, the
affirmation statements shall not be separated from the envelopes, and the
ballots shall be put aside for further investigation.

���� Whenever the address supplied
by the voter on the affirmation statement does not match the address for such a
person contained in the Statewide voter registration system, but it is clear
that the circumstance of a voter matches the circumstance of a voter described
in subsection b. of R.S.19:31-11, the updated information on the affirmation
statement shall be recorded and shall constitute a transfer by the voter to a
new address for any subsequent election.

����
If a voter registering to
vote at a polling place on the day of the election or at an early voting site
pursuant to R.S.19:31-6 casts a provisional ballot and fails to display
identification when casting the provisional ballot, the provisional ballot
shall nevertheless still be processed and counted, if otherwise valid, if
either of the following occurs by 48 hours prior to the final certification of
the results of the election: (i) the county commissioner of registration is
able to verify the accuracy of the person�s New Jersey driver�s license number
or non-driver identification number from the Motor Vehicle Commission database,
or the last four digits of the person�s Social Security Number, as provided as
part of the provisional ballot affirmation statement; or (ii) the voter
provides identification acceptable under R.S.19:31-6 to the applicable county
commissioner of registration.

����
When a person registering
to vote at a polling place on the day of the election or at an early voting
site pursuant to R.S.19:31-6 casts a provisional ballot and fails to display
identification when casting the provisional ballot, the county commissioner of
registration shall promptly attempt to verify the accuracy of the person�s New
Jersey driver�s license number or non-driver identification number from the
Motor Vehicle Commission database, or the last four digits of the person�s
Social Security Number, provided as part of the provisional ballot affirmation
statement. �If the county commissioner of registration is unable to verify this
information, the county commissioner of registration shall within 24 hours
notify the person by mail or e-mail and telephone (if available) that the
person is required to provide identification acceptable under R.S.19:31-6 by 48
hours prior to the final certification of the results of the election in order
for their ballot to be counted.

���� After the examination of the
affirmation statement by the commissioner of registration, the county board of
elections shall determine if a provisional ballot voter is legally entitled to
have voted and if a provisional ballot conforms to the requirements established
by law.

���� The members of the county
board shall then proceed to count and canvass the votes cast on each
provisional ballot only after all of the provisional ballots cast in the county
have been subjected to the verification process by the county commissioner of registration.�
Immediately after the canvass is complete, the county board of elections shall
certify the results of the canvass to the county clerk or municipal clerk or
other appropriate officials, as the case may be, showing the results of the
canvass by municipality.

���� The outside front of each
envelope that contains a voided provisional ballot shall have the word
"VOID" written next to the circled number.

���� Unless provided otherwise by
this section, all provisional ballot materials shall be processed by the county
board of elections in accordance with the procedures established for absentee
ballots pursuant to section 31 of P.L.1953, c.211 (C.19:57-31).

(cf: P.L.2005, c.145, s.20)

���� 10.� (New Section) The
Secretary of State may promulgate any guidelines or regulations necessary to
effectuate the purposes of this act, which regulations shall be effective
immediately upon filing with the Office of Administrative Law for a period not
to exceed 18 months, and shall, thereafter, be amended, adopted, or readopted in
accordance with the provisions of the �Administrative Procedure Act,� P.L.1968,
c.410 (C.52:14B-1 et seq.).

���� 11.� This act shall take
effect on January 1 next following enactment, except the Secretary of State may
take any anticipatory administrative action in advance thereof as shall be
necessary for the implementation of this act.

STATEMENT

���� This bill allows for voter
registration at polling places on election day or at early voting sites during
the early voting period.

���� Under current law, a person
must register to vote at least 21 days before the election.� This bill allows a
person who has not registered to vote by that deadline to register at a polling
place on the day of the election or at an early voting site during the early
voting period.� This bill also allows a person to cast a provisional ballot if
the person has registered to vote within the period of 21 days before the
election if the person can affirm that the person has not previously voted in
that election.� If the county commissioner of registration is not able to
verify the person�s Motor Vehicle Commission New Jersey driver�s license number
or non-driver identification number, or the last four digits of the person�s
Social Security Number, the county commissioner of registration will notify the
person by mail, e-mail, or telephone within 24 hours that they must provide valid
identification no later than 48 hours prior to the final certification of the
results of the election in order for their ballot to be counted.