Read the full stored bill text
A1747
ASSEMBLY, No. 1747
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman ANTHONY S. VERRELLI
District 15 (Hunterdon and Mercer)
Co-Sponsored by:
Assemblywoman Carter and Assemblyman Freiman
SYNOPSIS
���� Allows mail-in voter to cure mail-in ballot due to
missing certificate.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning the curing of a mail-in ballot due to a
missing certificate and amending P.L.2009, c.79.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� 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).
When the voter failed to include the Certificate of Mail-in
Voter, the county board of elections shall permit the voter to cure the mail-in
ballot as provided under subsection b. of this section.�
���� 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. 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:
���� (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, 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;
���� (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
; and
����
(5)�� when the voter failed
to include the Certificate of Mail-in Voter required pursuant to section 13 of
P.L.2009, c.79 (C.19:63-13), provide the voter, along with the Cure Letter and
Cure Form, with a substantially similar certificate for the voter to complete
in order to cure the voter�s mail-in ballot in accordance with the same
requirements, procedures, and timeframes specified in this subsection
.
���� 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 once each week during the
three-week period preceding each election 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.2020, c.71, s.12)
���� 2.��� This act shall take
effect immediately.
STATEMENT
���� This bill allows a mail-in
voter to cure their mail-in ballot due to a missing mail-in voter certificate.
���� Under current law, each
mail-in voter is required to complete the Certificate of Mail-in Voter that is
attached to the flap of the mail-in ballot inner envelope. By completing the
certificate, the mail-in voter certifies, subject to the penalties for fraudulent
voting: the voter�s address, that the voter is the person who applied for the
enclosed ballot, that the voter marked the ballot in secret, and that a family
member may provide assistance to the voter. The mail-in voter is required to
sign the certificate. Furthermore, the certificate requires any person who
provided assistance to the voter in marking the ballot to complete a portion of
the certificate on which that person certifies that the person assisted the
voter, and declares that the person will maintain the secrecy of the voter�s
ballot. The person who provided assistance is also required to provide the
person�s signature, printed name, and address on the certificate.
���� Under this bill, when the
voter failed to include the Certificate of Mail-in Voter, the county board of
elections would be required to provide the voter, along with the Cure Letter
and Cure Form, with a substantially similar certificate for the voter to
complete in order to cure the voter�s mail-in ballot in accordance with the
same requirements, procedures, and timeframes specified for ballot curing due
to a missing or discrepant signature.