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A194
ASSEMBLY, No. 194
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman DAWN FANTASIA
District 24 (Morris, Sussex and Warren)
SYNOPSIS
���� Removes prohibition on police presence at ballot drop
boxes and polling places.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning police presence at ballot drop boxes and
polling places, 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.19:6-15 is amended
to read as follows:
���� 19:6-15.� a. The district
boards of every election district shall preserve the peace and maintain good
order in their respective polling places during the progress of all elections
and the counting of the votes cast thereat.� To that end, each member of every
such board, during the progress of an election and the counting and canvassing
of the votes, shall be and hereby is invested and charged with all the powers
and duties of constables of this State in criminal matters.
���� b. Such election board, or any
members thereof,
[
shall
not
]
may
request the authorities of any municipality, county, or the State, or the
body or officer having charge and direction of the police force in such
municipality, county, or the State, to detail one or more police officers to
assist in preserving the peace and good order in and about such polling place
[
, and no such
request shall be complied with by the body or officer to whom the same is made
]
.
���� c. The election board or the
superintendent of elections in the county in which an election is held may
contact a law enforcement agency if information is obtained prior to or during
the election that in the judgment of the election board or superintendent of
elections should be communicated to a law enforcement agency.
����
[
d. Nothing in this section shall
be construed to prohibit any activity otherwise permitted under R.S.19:6-16.
]
(cf: P.L.2021, c.459, s.1)
���� 2.
� Section 2 of P.L.1991, c.306 (C.19:6-15.1) is amended to read as
follows:
���� 2.�
[
a.
]
No person who is employed as a
police officer, either full-time or part-time, by the State or an
instrumentality thereof, or by a political subdivision of the State or an
instrumentality thereof,
[
including
a person appointed as a police officer by an institution of higher education
pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.), shall serve as
]
and who is
a member of a district board of elections,
[
unless
the person is off-duty,
]
or
[
serve
]
serves
as a duly authorized challenger for a political party or a candidate or on a
public question
[
in
the municipality in which that person is employed, or if employed by an
institution of higher education, any municipality in which the institution is
physically located, or if employed by a county or the State, in the county in
which that person is employed or stationed, respectively, or
]
, shall
wear a police officer's uniform or carry an exposed weapon
[
at any time,
including
]
while serving as a district board member or challenger, as the case may be,
at a polling place
[
on
an election day.� Nothing in this subsection shall be construed to prohibit a
police officer who is a candidate for an office and whose name appears upon the
ballot to be voted for an election from acting as a challenger during that
election as may be permitted by another provision of law for a candidate to act
as a challenger
]
during the conduct of an election.� Any person who violates this subsection
shall be guilty of a crime of the fourth degree
.
����
[
b.� No person employed as a
police officer as described in subsection a. of this section, whether on or
off-duty or whether in or out of uniform, shall remain or stand within 100 feet
of a polling place during the conduct of an election unless present at the
location in response to a request for assistance in accordance with R.S.19:6-16
or as otherwise provided herein or pursuant to this act, P.L.2021 c.459.
���� c.���� Nothing herein shall be
interpreted to prohibit a police officer or law enforcement officer from:
���� traveling to and from, or
remaining within, their personal residence if that residence is within 100 feet
of a polling place;
���� voting at that polling place
in a personal capacity; or
���� escorting to or from, or both,
a polling place a person who may require assistance of the officer.
]
(cf: P.L.2021, c.459, s.2)
���� 3.� R.S.19:6-16 is amended to
read as follows:
���� 19:6-16.�
[
a.
]
The
commission, committee, board or official having charge of the police department
in any county or municipality
[
shall
not
]
may
assign
one or more
police officers to any district board in that county
or municipality
[
,
in order to
]
whenever the said commission, committee,
board or official deems it necessary to do so.� Any police officers so assigned
shall, under the direction of the district board,
enforce the election laws, maintain order,
peace and quiet during the hours of registry and election,
and assist the
members of the district board in transporting any election materials to and
from the polling place to the district board or a municipal or county clerk, as
appropriate.� The police officers so assigned shall not
assist the
district
board by performing the duties of a
district
board member,
[
or
]
nor shall
those police officers
serve at the polling place of that district board
[
, or in order
to perform other routine purposes related to the conduct of elections, except
that a district board, superintendent of elections, or a county clerk may
request that a police officer or sheriff's officer be assigned to transport
specific election materials to a polling place or from a polling place to the
district board or county clerk and a police officer or sheriff's officer may be
assigned for that purpose.� The commission, committee, board or official having
charge of the police department in any county or municipality may assign one or
more police officers to a senior residential center that has reported a threat
or safety concern, and any such officer assigned to a senior residential center
shall not interfere with any person present at the location for the purpose of
voting
]
as challengers for a party or candidate or on a public question
.
����
[
b.� Nothing in subsection a. of
this section, subsection b. of R.S.19:6-15, or subsection b. of section 2 of
P.L.1991, c.306 (C.19:6-15.1) shall be construed to prohibit the dispatch,
detail, or assignment of a police officer or other law enforcement officer due
to a request for assistance made to the commission, committee, board, body,
authority, or official having charge of the police department in any county or
municipality, or to any other law enforcement agency, for assistance with
regard to a specific emergency, allegation of criminal conduct, or disturbance
that exists at the time the request for assistance is made.� The police
officers or law enforcement officers responding to the request for assistance
shall take any prompt actions as may be available and as may be necessary in
order to address the emergency, allegation, or disturbance and ensure the
continued orderly conduct of the election and election processes, and shall
remain present at that location during the conduct of the election only as long
as necessary to investigate, address, and remove that specific emergency or
disturbance.
���� The district board shall
promptly notify the county board of elections or superintendent of elections,
as appropriate, of the dispatch of any police officer or other law enforcement
officer in response to a request for assistance in accordance with this subsection.�
The county board of elections or superintendent of elections, as appropriate,
shall promptly notify the Secretary of State of the dispatch of that police
officer or other law enforcement officer.� The Secretary of State, county
boards of elections, and superintendents of elections shall maintain a record
of all dispatches issued and reported pursuant to this section, which shall
include, but need not be limited to, the time of the dispatch, polling place
location, reason for the dispatch, name of the police or law enforcement
officer, the police or law enforcement officer's badge number, the duration of
the police or law enforcement officer's presence, and the immediate outcome of
the dispatch.� Information obtained pursuant to this section is deemed to be a
public or government record and shall be subject to disclosure as provided in
the public records law, P.L.1963, c.73 (C.47:1A-1 et seq.).
]
(cf: P.L.2021, c.459, s.3)
���� 4.� Section 1 of P.L.2020,
c.72 (C.19:63-16.1) is amended to read as follows:
���� 1. a. In addition to
delivering a voted mail-in ballot by mail or in person as provided under
"The Vote By Mail Law," P.L.2009, c.79 (C.19:63-1 et seq.), a mail-in
voter shall be entitled to deposit the voter's completed mail-in ballot in a
ballot drop box established by the county board of elections as provided under
this section.� Each mail-in ballot deposited in a ballot drop box by the time
designated under current law for the closing of the polls for that election
shall be considered valid and shall be canvassed.� If, at the closing of the
polls, a voter deposits a mail-in ballot at a ballot drop box in a county in
which the voter does not reside, the county board of elections, upon
discovering that fact, shall notify and timely deliver the ballot to the county
board of elections of the county in which the voter resides, who shall accept
the ballot for processing.� The limitations and prohibitions applicable to
mail-in ballot bearers under "The Vote By Mail Law," P.L.2009, c.79
(C.19:63-1 et seq.) shall apply under this section.
���� b. (1) For any election, the
county board of elections in each county shall establish ballot drop boxes
where voters may deposit their voted mail-in ballots at least 45 days before
the election.� The ballot drop boxes shall be located throughout the county in
a manner specified under paragraph (2) of this subsection.� The county board of
elections may establish a pickup schedule to retrieve mail-in ballots deposited
in ballot drop boxes, consistent with the guidelines established by the
Secretary of State pursuant to subparagraph (c) of paragraph (2) of this
subsection.
���� (2) (a) A ballot drop box
shall mean a secured drop box that is not required to be within view of a live
person for monitoring.� All ballot drop boxes shall be available for use by a
voter 24 hours a day and shall be placed at locations equipped with security
cameras that allow for surveillance of the ballot drop box.
���� (b) Beginning with the 2021
general election, at least one ballot drop box shall be located: at any county
government building in which the main office of the county clerk is located; in
each municipality with a population larger than 5,000 residents; at the main
campus of each State college or university; and the main campus of each
independent four-year college or university with enrollments larger than 5,000
students.� Notwithstanding the locational criteria established by this
subparagraph, whenever two or more ballot drop box locations are separated by a
distance of less than 2,000 feet, the board of elections in each county shall
determine secondary locations for those ballot drop boxes in compliance with
the requirements of this section.� The secondary ballot drop box locations
shall be located within the municipality where those ballot drop boxes were
originally located and shall be approved by a majority vote of the members of
the board of elections.� However, in the event of a tie in the votes cast by
the members of the board of elections, the county clerk shall cast the deciding
vote.� Whenever possible, at least one ballot drop box shall be located in a
municipality with an average per capita income or a median family income at or
below 250% of the federal poverty guideline according to the most recent
federal American Community Survey.
���� (c) The board of elections in
each county shall establish no fewer than 10 ballot drop boxes.� To the best of
their ability, the board of elections of every county shall place secure ballot
drop boxes based on geographic location and population density to best serve
the voters of each county in compliance with the guidelines adopted pursuant to
subsection c. of this section.� The Secretary of State shall establish
guidelines for the placement of the ballot drop boxes, the security of the
ballot drop boxes, and the schedule for ballot pickup from the ballot boxes.
���� (d) All ballot drop box
locations shall be on sites that meet the accessibility requirements applicable
to polling places under R.S.19:8-2 and shall be subject to the same compliance
oversight applicable to polling places under section 3 of P.L.1991, c.429
(C.19:8-3.3).� A ballot drop box site shall be considered accessible if it is
in compliance with the federal "Americans with Disabilities Act of
1990" (42 U.S.C. s.12101 et seq.).
���� (e)
[
Except as otherwise provided
herein, no ballot drop box shall be located inside, or within 100 feet of an
entrance or exit, of a State, county, or municipal police station.
���� Notwithstanding the provisions
of this subparagraph, a ballot drop box that has already been installed and
permanently affixed prior to the effective date of this act, P.L.2021, c.459,
at any of the following locations may remain at that location notwithstanding
that the ballot drop box is within 100 feet of an entrance or exit of a State,
county, or municipal police station if the county commissioners approve the
continued presence at that location by a majority vote of the commissioners and
with the reasons therefor subject to public disclosure:
���� any county government building
in which the main office of the county clerk is located; any municipal
government building in which the main office of the municipal clerk is located
in municipalities with populations larger than 5,000 residents; the main campus
of a county community college; the main campus of a State college or
university; and the main campus of an independent four-year college or
university with enrollments larger than 5,000 students.
]
(Deleted
by amendment, P.L.��� , c.��� ) (pending before the Legislature as this bill)
���� (f)�
[
Except as
otherwise permitted herein, no State, county, or municipal police officer shall
remain or stand within 100 feet of a ballot drop box in use during the conduct
of an election.� Nothing herein shall be interpreted to prohibit the police
officer from:
���� voting at that ballot drop box
in a personal capacity;
���� traveling to and from, or
remaining within, their personal residence if that residence is within 100 feet
of a ballot drop box;
���� investigating, addressing, or
removing any cause for a disturbance, or otherwise responding to a request for
assistance, on or around the premises of the location of that ballot drop box;
or
���� escorting to or from, or both,
a ballot drop box or the premise on which it is located any person who may
require the assistance of the officer.
]
(Deleted by amendment, P.L.��� , c.��� ) (pending before the Legislature as
this bill)
���� (g)� No person shall wear,
display, sell, give, or provide any political or campaign slogan, badge,
button, or other insignia associated with any political party or candidate
within 100 feet of a ballot drop box in use during the conduct of an election, except
with respect to the badge furnished by the county board as provided by law.� A
person violating the provisions of this subparagraph shall be guilty of a
disorderly persons offense.
���� c.���� The Secretary of State,
in consultation with county boards of elections, shall establish the guidelines
necessary to ensure the secure and successful implementation of the mail-in
ballot drop boxes required by this section to ensure adequate access in various
geographic areas of the county.� In determining the ballot drop box locations,
the secretary and county boards of elections shall consider, at a minimum,
concentrations of population, geographic areas, voter convenience, proximity to
public transportation, community-based locations, travel time to the location,
proximity to other voting locations and ballot drop boxes, commuter traffic
patterns, and security.� The guidelines shall include, but may not be limited
to, criteria for each county board of elections to:
���� (1)� determine the number of
ballot drop boxes required per voter population, considering both the number of
registered voters and the number of registered mail-in voters in each county
before each election;
���� (2)� select the geographic
location of each ballot drop box, ensuring an equitable distribution of ballot
drop boxes across the county to maximize convenience to voters;
���� (3)� ensure the accessibility
of ballot drop boxes and drop box locations to persons with disabilities; and
���� (4)� maintain the security of
ballot drop boxes and of the ballots deposited therein, including standards and
procedures for ballot retrieval by authorized persons only, and for ensuring
the proper chain of custody and safe storage of voted mail-in ballots before
each election.
���� d.��� Each county clerk shall
include the locations of the ballot drop boxes established in the county along
with the instructions furnished with the mail-in ballot package sent to each
mail-in voter pursuant to section 7 of P.L.2009, c.79 (C.19:63-7).� At least 45
days before each election, each county board of elections shall cause to be
published on their respective websites the location of the ballot drop boxes in
each county, and shall provide this information to the Secretary of State for
publishing the same on the Division of Elections website.
���� e.���� Whenever a municipal,
school, or special election is held, the board shall, at a minimum, open the
ballot drop box located geographically closest to the municipal government
building in which the main office of the municipal clerk is located and the
ballot drop box located at the board of elections or county office, if one is
placed at that location.� When a school election encompasses more than one
municipality, the board shall be responsible for the selection of the ballot
drop box location with respect to each municipality.
(cf: P.L.2022, c.70, s.4)
���� 5.� This act shall take effect
immediately.
STATEMENT
���� Under current law, the
presence of police officers at polling places during the conduct of an election
and at ballot drop box locations in use during the conduct of an election is
limited.
���� This bill removes the
prohibition on police presence at ballot drop boxes and polling places that was
adopted into law in 2021 (P.L.2021, c.459).�� Under this bill, police are once
again permitted to be within 100 feet of a ballot drop box or polling place
during the conduct of an election while in an official capacity.� The bill also
removes the following provisions of current law:
�
a provision
requiring a district board of elections to notify the county board of elections
or superintendent of elections, as appropriate, of the dispatch of a police
officer or other law enforcement officer to a polling place;
�
a provision
requiring the county board of elections or superintendent of elections, as
appropriate, to notify the Secretary of State of the dispatch of a police
officer or other law enforcement officer to a polling place; and
�
a provision
requiring the Secretary of State, county boards of elections, and
superintendents of elections to maintain a record of all dispatches issued and
reported to a polling place.