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A197
ASSEMBLY, No. 197
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)
Co-Sponsored by:
Assemblymen Inganamort, Myhre and Rumpf
SYNOPSIS
���� Requires certain documentation as proof of voter
identity to vote; updates procedures for challenging voters regarding proof of
identity.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning verification of voter identity through
certain documentation to vote, 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.19:15-17 is amended
to read as follows:
���� 19:15-17.��� a.�
(1)
�
The comparison of signatures of a voter made upon registration and upon
election day, and if the voter alleges his inability to write, the comparison
of the answers made by such voter upon registration and upon election day,
shall
[
be
had
]
occur
in full view of the challengers.
����
(2)�� The examination of
any document concerning proof of identification of a voter, set forth in
subsection b. of this section, made upon election day shall occur in full view
of the challengers.
���� b.���
(1)
� If a voter
has registered by mail after January 1, 2003 to vote for the first time in his
or her current county of residence and did not provide personal identification
when registering pursuant to section 16 of P.L.1974, c.30 (C.19:31-6.4), the
voter shall be permitted to vote starting at the first election held after
January 1, 2004 at which candidates are seeking federal office after displaying
one of the following items:
[
(1)
]
a current and
valid photo identification card;
[
(2)
]
a current
utility bill, bank statement, government check or pay check;
[
(3)
]
any other
government document that shows the voter's name and current address; or
[
(4)
]
any other
identifying document that the
[
Attorney
General
]
Secretary of State
has determined to be acceptable for this purpose.
����
(2)�� In addition to the
display of documentation as may be required by paragraph (1) of this
subsection, beginning with the first election held after January 1, 2025,
regardless of when the voter registered and the method of registration, the
voter shall be permitted to vote, unless otherwise exempt pursuant to this
subsection, only by displaying a document as valid proof of identification,
which may be a New Jersey driver�s license, New Jersey nondriver�s
identification card, or other document, that includes all of the following
criteria:
����
(a)�� the name of the voter
to whom the document was issued, and which conforms to the name under which the
voter is registered and from whom the signature is produced for making
comparisons of signatures;
����
(b)�� a photograph of the
voter to whom the document was issued;
����
(c)�� an expiration date
that has either not expired, or expired only after the date of the most recent
election; and
����
(d)�� was issued by the
federal government or this State.
����
A voter shall be required
to display only one document with respect to paragraphs (1) and (2) of this
subsection, if that document satisfies the identifying document criteria set
forth in both paragraphs.
����
(3)
�� If the voter does
not display
[
one
of these documents,
]
a document in accordance with paragraph (1) or (2) of this subsection, or
the validity of a document is subject to challenge after examination,
the
voter shall not be permitted to vote by machine but shall instead be provided
with a provisional ballot, pursuant to the provisions of P.L.1999, c.232
(C.19:53C-1 et seq.)
; except that, a voter who does not display a document
in accordance with paragraph (2) of this subsection due to a religious
objection to being photographed shall be permitted to vote by machine if the
voter establishes an exemption due to a religious objection by executing a
sworn affidavit as to the religious objection
.�
���� This subsection shall not
apply to any voter entitled to vote by absentee ballot under the
"Uniformed and Overseas Citizens Absentee Voting Act" (42 U.S.C.
1973ff-1 et seq) or to any voter who is provided the right to vote other than
in person under section 3 of Pub.L.98-435
(42 U.S.C. s.1973ee-1)
, the
"Voting Accessibility for the Elderly and Handicapped Act," or any
other voter entitled to vote otherwise than in person under any other federal
law.�
[
This
subsection shall also not apply to any person who registers to vote by
appearing in person at any voter registration agency or to any person whose
voter registration form is delivered to the county commissioner of registration
or to the Attorney General, as the case may be, through a third party by means
other than by mail delivery.
]
���� c.���� Each county
commissioner of registration shall collect and maintain, in the manner
prescribed by the
[
Attorney
General
]
Secretary of State
, the information provided pursuant to subsection b.
of this section and section 16 of P.L.1974, c.30 (C.19:31-6.4).� Access to the
personal identification information provided pursuant to subsection b. of this
section and section 16 of P.L.1974, c.30 (C.19:31-6.4)
[
.
]
shall be
prohibited, in accordance with subsection a. of section 6 of P.L.2001, c.404
(C.47:1A-5).
(cf: P.L.2004, c.88, s.9)
���� 2.��� R.S.19:7-5 is amended to
read as follows:
���� 19:7-5.� Such challengers
shall be the authorized challengers for their respective political parties and
candidates or for the proponents or opponents of a public question. They shall
have the power to challenge the right to vote therein of any person claiming
such right and shall have power to
examine any document presented concerning
proof of identification of that person and to
ask all necessary questions
to determine this right. They may be present while the votes cast at any
election are being counted, hear and see the ballots counted and shall have the
right and power to challenge the counting or rejecting of any ballot or any part
of a ballot. They shall be entitled to ask the members of the district boards
of election at each polling place, no more than every two hours, for the
official count of how many voters have voted at each precinct, and the district
boards of election shall provide this information as the notice required
pursuant to section 1 of P.L.2018, c.110 (C.19:52-3.1).
(cf: P.L.2018, c.110, s.2)
���� 3.��� R.S.19:15-18 is amended
to read as follows:
���� 19:15-18.� The members of the
district boards and any duly authorized challenger, respectively, shall at any
election challenge every person who shall claim to have a right to vote therein
whom they or he shall know, suspect or believe not to be qualified or entitled
to so vote, and said members of the district board or challenger shall have the
power and right to
examine any document concerning proof of identification
of that person and to
ask all questions which are suitable and necessary to
determine such person's right.�
���� No member of the district
board and no duly authorized challenger shall, however, challenge, delay or
prevent the right to vote of any person because of that person's race, color,
national origin, expected manner of casting a vote or residence in a particular
ward, housing complex or section of a municipality or county, provided that
nothing herein shall be construed to prohibit a challenge based upon the
failure of the challenged voter to meet the applicable statutory residency
qualification for voting in the particular election district.� Any member of
the district board or duly authorized challenger who violates this section is
guilty of a disorderly persons offense.
(cf: P.L.1991, c.249, s.1)
���� 4.��� Section 2 of P.L.1991,
c.249 (C.19:15-18.1) is amended to read as follows:
���� 2.��� a.� Any voter whose name
does not appear on a challenge list prepared by the superintendent of elections
of the county but who is challenged as not qualified or entitled to vote by a
duly authorized challenger or by a member of a district board of elections
shall be permitted to establish his right to vote by:�
���� (1)�� signing an affidavit
which states the voter's qualifications to vote on forms to be supplied by the
superintendent of elections in those counties having a superintendent of
elections or by the commissioner of registration in all other counties, and;�
���� (2)�� presenting for
inspection
[
a
suitable
]
a provisional
identifying document,
[
which
]
if having
displayed a document as valid proof of identification in accordance with
subsection b. of R.S.19:15-17 or having executed an affidavit as to a religious
objection to being photographed as an exemption to the identification
requirement, but the validity of this previously displayed document or executed
affidavit is the subject of the challenge.� The provisional document
may
be, but is not limited to, the following:�
���� (a)��
[
a valid New
Jersey driver's license;
]
(Deleted by amendment, P.L.��� , c.��� (C.������� )) (pending before the
Legislature as this bill)
���� (b)�� a sample ballot which
lists the voter's name and address;
���� (c)�� an official federal,
State, county or municipal document which lists the voter's name and address;�
���� (d)�� a utility or telephone
bill or tax or rent receipt dated; or
���� (e)�� a piece of mail
postmarked, on or after the 60th day before the day of the election at which
the voter is challenged.�
���� b.��� A copy of the affidavit
signed by the challenged voter shall be given to that person.
���� c.���� The affidavit, or a
form attached to it, shall state:
���� (1)�� the means by which a
person whose name does not appear on a challenge list prepared by the
superintendent of elections of the county but who is challenged by a duly
authorized challenger or by a member of the district board of elections may
seek to establish the person's right to vote, as provided in subsection a. of
this section;�
���� (2)�� that a challenger who
succeeds in denying a voter the right to vote must sign an affidavit stating
the reason why the voter is not entitled to vote and must furnish a copy of the
affidavit to the challenged voter, as provided in section 3 of P.L.1991, c.249
(C.19:15-18.2);�
���� (3)�� the legal remedy which a
person whose name does not appear on a challenge list prepared by the
superintendent of elections of the county but who is challenged by a duly
authorized challenger or by a member of the district board of elections and
denied the right to vote may use to seek permission to vote, as provided in
section 6 of P.L.1991, c.249 (C.19:15-18.3).�
���� d.��� In counties in which the
primary language of 10% or more of the registered voters is Spanish, the
affidavit and instructions for its completion and the information required by
subsection c. of this section shall appear in both English and Spanish.
(cf: P.L.1991, c.249, s.2)
���� 5.��� Section 3 of P.L.1991,
c.249 (C.19:15-18.2) is amended to read as follows:
���� 3.��� If a person whose name
does not appear on a challenge list prepared by the superintendent of elections
of the county is challenged as not qualified or entitled to vote by a duly
authorized challenger or by a member of the district board of elections and if
this challenge is sustained by the district board of elections, the person
making the challenge shall specify the grounds for the challenge in a signed
affidavit on forms to be supplied by the superintendent of elections in those
counties having a superintendent of elections or by the county clerk in all
other counties.� This document also shall state that the challenged voter has
sought to establish his right to vote by signing an affidavit which states the
challenged voter's qualifications to vote and by presenting
[
a suitable
]
provisional
identifying document
in accordance with paragraph (2) of subsection a. of
section 2 of P.L.1991, c.249 (C.19:15-18.1)
, the
[
identity
]
description
of which shall be specified
[
by
the challenger
]
in the document, in those cases in which the challenged voter is being
challenged based upon the validity of a document displayed as proof of
identification in accordance with subsection b. of R.S.19:15-17 or the validity
of an executed affidavit of religious objection to being photographed as an
exemption in accordance with paragraph (3) of that subsection
.� A copy of
the challenger's affidavit shall be given to the challenged voter.
(cf: P.L.1991, c.249, s.3)
���� 6.��� Section 6 of P.L.1991,
c.249 (C.19:15-18.3) is amended to read as follows:
���� 6.��� Any person whose name
does not appear on a challenge list prepared by the superintendent of elections
of the county but who is challenged and denied the right to vote on the day of
a municipal, primary, general, or special election by a duly authorized challenger
or by a member of a district board of elections, may apply to a Superior Court
judge sitting at the county seat for permission to vote.� No papers need be
filed; the court shall entertain oral applications.� The challenged voter may
appear pro se or with counsel.� The challenger or the member of the district
board, as the case may be, may appear or be represented by counsel.� The
challenged voter shall be permitted to state by oath or affirmation the facts
which the voter believes establish eligibility to vote, shall furnish a copy of
the affidavit the voter signed when challenged, a copy of the affidavit signed
by the challenger and
, if being challenged based on the display of a
document as valid proof of identification in accordance with subsection b. of
R.S.19:15-17 or based upon the validity of an executed affidavit for an
exemption due to a religious objection to being photographed with respect to
paragraph (3) of that subsection,
the identifying document found invalid by
the challenger and the district board.� The rules of evidence shall not apply
to those proceedings.� The judge shall grant the application and provide the
challenged voter with written authorization to vote on that day if the judge
finds the following facts to be established by the testimony of the applicant
or, in the case of a dispute of facts or some questions as to the challenged
voter's credibility, by a preponderance of the following evidence:
���� a.���� The challenged voter is
at least 18 years old and a citizen of the United States and of this State, has
resided in the county at least 30 days prior to the date of the election, and
has not been convicted of a crime which would disenfranchise a person under the
laws of this State, and
[
either
]
:
���� b.��� The challenged voter is
properly registered at his location;
[
or
]
���� c.���� The challenged voter
was properly registered at his location as of the last election at which the
challenged voter voted but has moved to another location within the county
since then and in good faith attempted to register at the new address within
the time prescribed by law
; or
����
d.��� The challenged voter
has produced a document as valid proof of identification or a valid executed
affidavit of religious objection to being photographed as an exemption from the
identification requirement of subsection b. of R.S.19:15-17 in accordance with
paragraph (3) of that subsection
.
���� For the purposes of this
section, a good faith attempt to register shall include: completing the
prescribed registration form no later than 21 days before the election in the
presence of a person who appears to be over 18 years old and says that he or she
can and will witness the form and mail it to the register for the applicant;
completing a form received in the mail from the commissioner of registration,
superintendent of elections or the county board which states that information
has been received that the applicant has moved and placing the completed form
in a proper mailbox with proper postage, if necessary, no later than 21 days
before the election; completing a registration form in any government office;
and reasonably relying upon the oral statements of an official at a polling
place that they will insure proper reregistration.
���� The judge of the Superior
Court having the application shall cause a full record of the proceeding to be
taken stenographically, transcribed and filed in the office of the county clerk
of the county, which record shall be open and public record.� All costs and
expenses of such proceedings shall be paid by the county.
(cf: P.L.2005, c.139, s.5)
���� 7.��� R.S.19:15-22 is amended
to read as follows:
���� 19:15-22.��� Upon any question
or challenge of a voter duly registered it shall be the duty of the board, and
the privilege of all its members, to
examine any document presented
concerning proof of identification and to
put all such questions as are
proper to determine the right of the voter to vote.
(cf: R.S.19:15-22)
���� 8.��� R.S.19:15-23 is amended
to read as follows:
���� 19:15-23.��� In municipalities
having permanent registration, if a voter is challenged, the board
, in
addition to examining any document presented concerning proof of identification
of the voter,
shall ask him the questions which were asked him upon
registration, the answers to which appear on the signature copy register and if
the answers do not correspond a note of such fact shall be entered in the
column of the poll book entitled "remarks".� If the
document of
the voter appears invalid, or the
signatures of the voter or the answers to
the questions made by the voter do not correspond, then it shall be the
privilege of the challengers to challenge, and the duty of each member of the
district board to challenge, unless some other authorized person shall
challenge.
(cf: R.S.19:15-23)
���� 9.��� R.S.19:15-24 is amended
to read as follows:
���� 19:15-24.� The district boards
shall not give a ballot to any person unless they shall be satisfied that such
person is in all respects qualified and entitled to vote; and for the purpose
of satisfying themselves as to the right of any person who shall claim a right
to vote they shall have power to examine such person, and any other person or
persons, under oath or affirmation, touching such right, except as hereinbefore
restricted.� The board shall determine the right of the voter to vote, after
making use of, and giving due weight to, the evidence afforded by his
document
presented concerning proof of identification in accordance with subsection b.
of R.S.19:15-17, and his
signature, if any, such answers
after
examination as provided herein
,
[
and
an
]
any
affidavit which states the challenged voter's qualifications to vote and
[
a suitable
]
any
identifying document, as provided under section 2 of P.L.1991, c.249
(C.19:15-18.1).� If any member of the board shall give or assent to give a
ballot to any person challenged, without requiring him to take the oath or
affirmation hereinbefore prescribed to be made upon such challenge, and the
person shall not be qualified and entitled to vote, the member so giving or
assenting to give a ballot, shall be deemed to have given to such person a
ballot, knowing it to be illegal.� The question as to the giving of the ballot
to the person shall be put in the following form: "Shall a ballot be given
to this person by this board?"�
���� If a majority of the board
shall decide to give a ballot to such voter or in case of a tie vote, the voter
shall be given a ballot and allowed to vote. If a majority of the board shall
decide against giving a ballot to the voter no ballot shall be given
, but in
the case of a voter who is denied a ballot because the board finds that the
voter did not display a document as valid proof of identification in accordance
with subsection b. of R.S.19:15-17, or did not provide a valid executed
affidavit of religious objection to being photographed as an exemption from
this requirement in accordance with paragraph (3) of that subsection, that
voter shall be provided with a provisional ballot pursuant to the provisions of
P.L.1999, c.232 (C.19:53C-1 et al.)
.�
����
[
The
]
Except with respect to a
person who is herein provided a provisional ballot for failing to display a
document as valid proof of identification or to provide an executed affidavit
of religious objection to being photographed as an exemption to the identification
requirement, the
board upon demand of a member of the board or any other
citizen shall forthwith issue a warrant for the arrest of
[
such
]
a
person
denied a ballot
and deliver the same to a peace officer, who
shall forthwith arrest him
[
,
and the
]
.
����
The
right to challenge
voters shall exist until the ballot shall have been deposited in the ballot
box.� Every such challenge and the determination of the board shall in every
instance be recorded in the signature comparison record, in the column
"Sig. Comp. by," used at the election at which the challenge has been
made.�
���� Any member of a district board
who refuses or neglects to comply with the provisions of this section may be
summarily removed from office by the county board, or any judge of the Superior
Court assigned to the county.
(cf: P.L.1991, c.249, s.5)
���� 10.� Section 2 of P.L.1994,
c.170 (C.19:31-3.3) is amended to read as follows:
���� 2.��� The commissioner may
eliminate the use of the duplicate permanent registration binders and may
authorize and direct the use at the polls in place of such a binder, as a
signature copy register for the purposes of this Title and Title 40 of the
Revised Statutes, of a polling record which identifies on each page the
election at which the record is used, which indicates for each registrant the
name, address, and date of birth of the registrant and identifies the
municipality and the particular election district therein from which the person
is registered, and which includes adjacent to the registrant's name and address
an imprint of the digitalized image of the registrant's signature and
sufficient space, immediately to the left or right of that imprint, for the
registrant to sign the record, which imprint and signature shall be used as the
signature comparison record as prescribed by this Title.� The polling record
shall also include for each registrant the registrant's date of birth, an
indication of whether the registrant has applied for a mail-in ballot in that
election, and a place to indicate
[
whether
]
that
the registrant has provided
the
identification pursuant to R.S.19:15-17
[
, if such
identification is required
]
.
The polling record shall also include for each registrant sufficient space for
the notation of remarks as provided by R.S.19:15-23 and for the recording of
any challenge and the determination thereof by the district board as provided
by R.S.19:15-24, or by other elections officials charged with the same duties
as the district board in connection with the conduct of an election.� In the
case of a primary election, the polling record shall also indicate for each
registrant the political party, if any, of which the registrant is a member for
the purpose of voting at that primary election.
���� Polling records for each
election shall be prepared by the commissioner of registration not later than
the 10th day preceding the election.� At each election, the delivery of the
polling records to the municipal clerk and to the district boards or other elections
officials charged with the same duties as the district board in connection with
the conduct of an election, and the return of those records by the district
boards or such other elections officials to the commissioner of registration,
shall be made in the manner prescribed by the commissioner.
���� The commissioner of
registration shall retain the polling records for any election for a period of
not less than six years following that election.
(cf: P.L.2009, c.79, s.31)
���� 11.� R.S.19:31-5 is amended to
read as follows:
���� 19:31-5.� Each person, who is
at least 17 years of age at the time he or she applies for registration, who
resides in the district in which he or she expects to vote, who will be of the
age of 18 years or more on or before the first election in which he or she
expects to vote, who is a citizen of the United States, and who, if he or she
continues to reside in the district until that election, will at the time have
fulfilled all the requirements as to length of residence to qualify him or her
as a legal voter, shall, unless otherwise disqualified, be entitled to be
registered in such district. Each 17-year-old registrant shall be designated in
the Statewide voter registration system as temporarily ineligible to vote until
the registrant's 18th birthday, except as provided pursuant to section 1 of
P.L.2023, c.202 (C.19:4-1.2).
���� Whenever an individual
registers by mail after January 1, 2003 to vote for the first time in his or
her current county of residence, that individual shall provide either the
individual's New Jersey driver's license number or the last four digits of the
individual's Social Security Number, or shall submit with the voter
registration form a copy of: (1) a current and valid photo identification card;
(2) a current utility bill, bank statement, government check or pay check; (3)
any other government document that shows the individual's name and current
address; or (4) any other identifying document that the
[
Attorney
General
]
Secretary of State
has determined to be acceptable for this purpose.� If
the individual does not provide his or her New Jersey driver's license number
or Social Security Number information or submit a copy of any one of these
documents, either at the time of registration or at any time thereafter prior
to attempting to vote, the individual
, pursuant to paragraph (1) of
subsection b. of R.S.19:15-17,
shall be asked for identification when
voting for the first time starting at the first election held after January 1,
2004 at which candidates are seeking federal office or thereafter.
����
Starting with the first
election held after January 1, 2025 and thereafter, regardless of when an
individual registered, the method of voter registration, and any identifying
information provided with the voter registration form, the individual shall be permitted
to vote only after displaying a document as valid proof of identification in
accordance with paragraph (2) of subsection b. of R.S.19:15-17, or by executing
an affidavit as to a religious objection to being photographed as an exemption
from this requirement in accordance with paragraph (3) of that subsection.
�� [
This
requirement
]
The requirements herein concerning documented voter identification
shall
not apply to any individual entitled to vote by absentee ballot under the
"Uniformed and Overseas Citizens Absentee Voting Act" (42 U.S.C.
1973ff-1 et seq.) or to any individual who is provided the right to vote other
than in person under section 3 of Pub.L.98-435
(42 U.S.C. s.1973ee-1)
,
the "Voting Accessibility for the Elderly and Handicapped Act," or
any other voter entitled to vote otherwise than in person under any other
federal law.�
[
This
requirement shall also not apply to any individual who registers to vote by
appearing in person at any voter registration agency or to any individual whose
voter registration form is delivered to the county commissioner of registration
or to the Attorney General, as the case may be, through a third party by means
other than by mail delivery.
]
���� Once registered, the
registrant shall not be required to register again in such district as long as
he or she resides therein, except when required to do so by the commissioner,
because of the loss of or some defect in his or her registration record.
���� The registrant, when
registered as provided in this Title, shall be eligible to vote at any election
to be held subsequent to such registration, if he or she shall be a citizen of
the United States of the age of 18 years, except as provided pursuant to section
1 of P.L.2023, c.202 (C.19:4-1.2), and shall have been a resident of the State
for at least 30 days and of the county at least 30 days, when the same is held,
subject to any change in his qualifications which may later disqualify him.� No
registrant shall lose the right to vote, and no registrant's name shall be
removed from the registry list of the county in which the person is registered,
solely on grounds of the person's failure to vote in one or more elections.
�(cf. P.L.2023, c.22, s.2)
���� 12.� Section 16 of P.L.1974,
c.30 (C.19:31-6.4) is amended to read as follows:
���� 16.� a.� The Secretary of
State shall cause to be prepared and shall provide to each county commissioner
of registration forms of size and weight suitable for mailing, which shall
require the information required by R.S.19:31-3 in substantially the following
form:
VOTER REGISTRATION APPLICATION
���� Print clearly in ink. Use
ballpoint pen or marker.
���� (1)�� This form is being used
as:
���� [ ]��� New registration
���� [ ]��� Address change
���� [ ]��� Name change
���� (2)�� Name:.....................................................
���� ������
...............Last������ First�������� Middle
���� (3)�� Are you a citizen of the
United States of America? []Yes []No
���� (4)�� Will you be 18 years of
age on or before election day? []Yes [] No
���� If you checked 'No' in
response to either of these questions, do not �� complete this form.
���� (5)�� Street Address where you
live:
.........................................................
���� Street Address��������� Apt.
No.
.........................................................
���� (6)�� City or Town County Zip
Code
���� (7)�� Address Where You
Receive Your Mail (if different from above):
���� ............................................................
���� (8)�� Date of Birth:
���� ......................................................
���� � Month���� Day����� Year
���� (9)� (a)� Telephone Number
(optional)......................
����������� (b) E-Mail Address
(optional).....................
���� (10)� Name and address of Your
Last Voter Registration
���� ............................................................
���� ............................................................
���� ............................................................
���� (11)� If you are registering
by mail to vote and will be voting for the first time in your current county of
residence, please provide one of the following:
���� (a)�� your New Jersey driver's
license number:................................
���� (b)�� the last four digits of
your Social Security Number....................
���� OR submit with this form a
copy of any one of the following documents: a current and valid photo
identification card; a current utility bill, bank statement, government check,
pay check or any other government or other identifying document that shows your
name and current address. If you do not provide either your New Jersey driver's
license number or the last four digits of your Social Security Number, or
enclose a copy of one of the documents listed above, you will be asked for
identification when voting for the first time, unless you are exempt from doing
so under federal or State law.
���� (12)� Do you wish to declare a
political party affiliation? (Optional):
����������� [] YES. Name of Party:
����������� [] NO. I do not wish to
declare a political party affiliation at this time.
���� (13)� [] I wish to receive a
Mail-in Ballot for all future elections, until I request otherwise in writing.
���� (14)� Declaration - I swear or
affirm that:
���� I am a U.S. citizen.
���� I live at the above address.
���� I will be at least 18 years
old on or before the day of the next election.
���� I am not serving a sentence of
incarceration due to a conviction for an indictable offense under any federal
or State laws.
���� I UNDERSTAND THAT ANY FALSE OR
FRAUDULENT REGISTRATION MAY SUBJECT ME TO A FINE OF UP TO $15,000, IMPRISONMENT
UP TO FIVE YEARS, OR BOTH PURSUANT TO R.S.19:34-1.
���� ...........................................................
���� Signature or mark of the
registrant����� Date
���� (15)� If applicant is unable
to complete this form, print the name and address of individual who completed
this form.
...................................................
����������� Name
...................................................
����������� Address
���� In addition, the form may
include notice to the applicant of information and options relating to the
registration and voting process, including but not limited to notice of
qualifications required of a registered voter; notice of the final day by which
a person must be registered to be eligible to vote in an election; notice of
the effect of a failure to provide required identification information; a place
at which the applicant may indicate availability for service as a member of the
district board of elections; a place at which the applicant may indicate
whether he or she requires a polling place which is accessible to individuals
with disabilities and the elderly or whether he or she is legally blind; a
place at which the applicant may indicate a desire to receive additional
information concerning voting by mail; and if the application indicates a
political party affiliation, the voter is permitted to vote in the primary
election of a political party other than the political party in which the voter
was affiliated previously only if the voter registration form with the change
of political party affiliation is filed prior to the 50th day next preceding
the primary election. The form may also include a space for the voter
registration agency to record whether the applicant registered in person, by
mail or by other means.
���� b.��� The reverse side of the
registration form shall bear the address of the Secretary of State or the
commissioner of registration to whom such form is supplied, and a United States
postal permit the charges upon which shall be paid by the State.
���� c.���� The Secretary of State
shall cause to be prepared registration forms of the size, weight and form
described in subsection a. of this section in both the English and Spanish
language and shall provide such forms to each commissioner of registration of
any county in which there is at least one election district in which bilingual
sample ballots must be provided pursuant to R.S.19:14-21, R.S.19:49-4 or
section 2 of P.L.1965, c.29 (C.19:23-22.4).
���� d.��� The commissioner of
registration shall furnish such registration forms upon request in person to
any person or organization in such reasonable quantities as such person or
organization shall request. The commissioner shall furnish no fewer than two
such forms to any person upon request by mail or by telephone.
���� e.���� Each such registration
form shall have annexed thereto instructions specifying the manner and method
of registration, and the vote by mail option specified on the form, and stating
the qualifications for an eligible voter.
���� f.���� The Secretary of State
shall also furnish such registration forms and such instructions to the
Director of the Division of Workers' Compensation, the Director of the Division
of Employment Services, and the Director of the Division of Unemployment and Temporary
Disability Insurance in the Department of Labor and Workforce Development; to
the Director of the Division of Taxation in the Department of the Treasury; to
the Executive Director of the New Jersey Transit Corporation; to the
appropriate administrative officer of any other public agency, as defined by
subsection a. of section 15 of P.L.1974, c.30 (C.19:31-6.3); to the Adjutant
General of the Department of Military and Veterans' Affairs; and to the chief
administrative officer of any voter registration agency, as defined in
subsection a. of section 26 of P.L.1994, c.182 (C.19:31-6.11).
���� g.��� All registration forms
received by the Secretary of State in the mail or forwarded to the Secretary of
State shall be forwarded to the commissioner of registration in the county of
the registrant. Each such form, and any registration form received otherwise by
a commissioner of registration, shall be forwarded to the county clerk if the
vote by mail option is selected on a form.
���� h.��� An application to
register to vote received from the New Jersey Motor Vehicle Commission or a
voter registration agency, as defined in subsection a. of section 26 of
P.L.1994, c.182 (C.19:31-6.11), shall be deemed to have been timely made for
the purpose of qualifying an eligible applicant as registered to vote in an
election if the date on which the commission or agency shall have received that
document in completed form, as indicated in the lower right hand corner of the
form, was not later than the 21st day preceding that election.
���� i.���� Each commissioner of
registration shall
[
make
]
note in the
permanent registration file of each voter
[
who
is required to provide
]
the personal identification information required pursuant to this section, as
amended, and R.S.19:15-17, R.S.19:31-5 and Pub.L.107-252 (42 U.S.C.s. 15301 et
seq.),
[
to
]
and
indicate the type of identification provided by the voter and the date on which
it is provided. Prior to the June 2004 primary election, when such a newly
registered voter seeks to vote for the first time following his or her
registration, the voter will be required to provide such personal
identification information. Beginning with the June 2004 primary election, when
such a newly registered voter seeks to vote for the first time following his or
her registration, the voter will not be required to provide such information if
he or she had previously provided the personal identification information
required pursuant to this section.
Beginning with the first election held
after January 1, 2025, regardless of whether the newly registered voter is
required to provide personal identification information the first time the
voter seeks to vote following his or her registration, and each time voting
thereafter, the voter shall provide personal identification information through
valid documentation in accordance with paragraph (2) of subsection b. of
R.S.19:15-17, or provide an executed affidavit as to a religious objection to
being photographed as an exemption from this requirement in accordance with
paragraph (3) of that subsection.
� The required information shall be
collected and stored for the time and in the manner required pursuant to
regulations promulgated by the Secretary of State.
���� j.���� The Secretary of State
shall amend the voter registration application form if necessary to conform to
the requirements of applicable federal or State law.
���� k.��� In the event that the
name of any political party entered on the voter registration form by a voter
who wishes to declare a political party affiliation is not legible, the
commissioner of registration shall mail the voter a political party declaration
form and a letter explaining that the voter's choice was not understood and
that the voter should complete and return the declaration form in order to be
affiliated with a party.
�(cf: P.L.2019, c.270, s.3)
���� 13.� 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.�
[
No identifying
]
Beginning
with the first election held after January 1, 2025, the voter shall present a
document
[
shall
be required from the voter
]
,
as described in paragraph (2) of subsection b. of R.S.19:15-17, as valid proof
of voter identification, or as described in paragraph (3) of that subsection as
an executed affidavit as to a religious objection to being photographed as an
exemption from this identification requirement,
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.
���� 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)
���� 14.� R.S.19:31-26 is amended
to read as follows:
���� 19:31-26.� The commissioner
may make and maintain a card index file showing on separate cards the full
name, address, birth date, driver's license number,
nondriver�s
identification card number,
last four digits of the social security number,
or unique identifying number, municipality, ward and district, registration
number and date of registration of each person registered in his county.� This
file shall be arranged alphabetically according to names irrespective of
municipality, ward, district, registration number, and date of registration.�
Reasonably sufficient space shall be reserved on each card for the notations to
be made thereon as herein provided.�
���� The commissioner shall cause
to be made notation on these cards as to each registrant respectively whose
registration forms have been transferred from one register to another or to the
inactive, death or conviction files concurrently with such transfer.� The card
with such notations shall show the location of the registration forms of each
registrant at all times.� All changes of address of the registrant, including
those within the same district, shall be noted on these cards concurrently with
changes of address on the registration forms.
(cf: P.L.2005, c.145, s.18)
���� 15.� Section 1 of P.L.2005,
c.145 (C.19:31-31) is amended to read as follows:
���� 1. a. There shall be
established in the Department of State a single Statewide voter registration
system, as required pursuant to section 303 of the federal "Help America
Vote Act of 2002," Pub.L.107-252 (42 U.S.C. s.15483). The principal computer
components of the system shall be under the direct control of the Secretary of
State. The Secretary of State shall be responsible for creating the network
necessary to maintain the system and providing the computer software, hardware
and security necessary to ensure that the system is accessible only to those
executive departments and State agencies so designated by the Secretary of
State, each county commissioner of registration, each county and municipal
clerk, and individuals under certain circumstances, as provided for by this
section. The system shall be the official State repository for voter
registration information for every legally registered voter in this State, and
shall serve as the official voter registration system for the conduct of all
elections in the State.
���� �b.�� The Statewide voter
registration system shall include, but not be limited to, the following
features:
���� (1)�� the name and
registration information of every legally registered voter in the State;
���� (2)�� the ability to assign a
unique identifier to each legally registered voter in the State;
���� (3)�� interactivity among
appropriate State agencies so designated by the Secretary of State, each county
commissioner of registration, each county board of elections, and each county
clerk such that these entities shall have immediate electronic access to all or
selected records in the system, as determined by the Secretary of State, to
receive or transmit all or selected files in the system and to print or review
all or selected files in the system;
���� (4)�� the ability to permit
any county commissioner of registration to enter voter registration information
on an expedited basis, and to transfer electronically voter registration
information from an online voter registration form completed pursuant to section
1 of P.L.2019, c.382 (C.19:31-6.4c), at the time the information is provided
thereto and to permit the Secretary of State to provide technical support to do
so whenever needed;
���� (5)�� the ability to permit
each municipal clerk to view or print information in the system;
���� (6)�� the ability to permit an
individual, by July 1, 2006, to verify via the Internet whether that
individual, and only that individual, is included in the system as a legally
registered voter, whether the information pertaining to that individual
required by subsection c. of this section is correct, and if not, a means to
notify the pertinent county commissioner of registration of the corrections
that must be made and to so verify in a way that does not give one individual
access to the information required by subsection c. of this section for any
other individual;
���� (7)�� a Statewide street
address index and map in electronic form that can accurately identify the
location of every legally registered voter in this State;
���� (8)�� the ability to record
and monitor all requests for mail-in ballots; to enable the county clerk to
verify the identity and signature of each person requesting a mail-in ballot;
to record the name and address of each voter determined to be eligible to receive
a mail-in ballot for a particular election and to note when a mail-in ballot
has been transmitted to that voter by mail or hand delivery; to update the
system to allow the postal tracking of mail-in ballots using Intelligent Mail
barcodes, or a similar successor tracking system, upon the finding by the
Secretary of State that such technology is viable; and to make such information
available to the Secretary of State so that a voter can be notified whether the
application for such a ballot was accepted or rejected, and the reason for the
rejection, using the free-access system established by section 5 of P.L.2004,
c.88 (C.19:61-5); and
���� (9)�� any other functions
required pursuant to Pub.L.107-252 (42 U.S.C. s.15301 et seq.), or Title 19 of
the Revised Statutes, or that may be deemed necessary by the Secretary of
State.
���� c.���� The Statewide voter
registration system shall include, but not be limited to, the following
information for every legally registered voter in this State:
���� (1)�� last, first and middle
name;
���� (2)�� street address at time
of registration or rural route, box number or apartment number, if any;
���� (3)�� city or municipality,
and zip code;
���� (4)�� date of birth;
���� (5)�� telephone number and
e-mail address, if provided on voter registration form;
���� (6)�� previous name or address
if individual re-registered due to change of name or address;
���� (7)�� ward and election
district number, if either is available;
���� (8)� (a)� current and valid
New Jersey driver's license number; or
���� (b)�� if the registrant has
not been issued a New Jersey driver's license number, the last four digits of
the registrant's social security number; or
���� (c)�� unique identifying
number for any individual who has not been issued the information sought in
subparagraph (a) or (b) of this paragraph;
���� (9)�� notation that a copy of
one of the following documents has been submitted with the voter registration
application, if required: current and valid photo identification card; a
current utility bill, bank statement, government check, pay check or any other government
document showing the registrant's name and current address;
���� (10)� the method by which the
individual registered and
;
����
(a)
whether that person
needs to provide additional identification information to vote using a voting
machine instead of a provisional ballot;
and
����
(b)�� beginning with the
first election held after January 1, 2025, and subject to the ten-year voting
participation record set forth in paragraph (15) of this subsection, a notation
of the document provided as valid proof of identification in accordance with paragraph
(2) of subsection b. of R.S.19:15-17, or an executed affidavit as to a
religious objection to being photographed as an exemption from the
identification requirement in accordance with paragraph (3) of that subsection,
to vote using a voting machine instead of a provisional ballot;
���� (11)� political party
affiliation, if designated;
���� (12)� digitized signature;
���� (13)� date of registration or
re-registration;
���� (14)� name and street address
of the individual assisting in the completion of the form, if the applicant for
registration is unable to do so;
���� (15)� voting participation
record for ten-year period; and
���� (16)� any other information
required pursuant to Pub.L.107-252 (42 U.S.C. s.15301 et seq.), or Title 19 of
the Revised Statutes, or that the Secretary of State determines is necessary to
assess the eligibility of an individual to be registered to vote and to vote in
this State.
�(cf: P.L.2019, c.382, s.4)
���� 16.� Section 2 of P.L.1944,
c.230 (C.19:31A-8) is amended to read as follows:
���� 2.��� Every person qualified
to vote in any election shall at any time after the opening of the polls be at
liberty to enter the polling place or room and claim his right to vote at such
election in his proper district, and he shall claim such right in person before
the district board in the district. The board shall permit no person to vote
whose name does not appear in the signature copy register of its election
district.� Each voter in claiming the right to vote shall first give his full
name and address to the member of the district board having charge of the
duplicate permanent registration binder and voting record and the signature
comparison record
, and shall present a document as valid proof of
identification or an executed affidavit as to a religious objection to being
photographed as an exemption from this requirement in accordance with
subsection b. of R.S.19:15-17
.� Such clerk
, if after examining the
document presented, is satisfied that it is valid proof of identification or a
valid executed affidavit as to a religious objection to being photographed as
an exemption to the identification requirement,
shall thereupon locate the
permanent registration form and voting record and signature comparison record
of the voter and shall require the voter to thereupon sign his name in the
proper space on his signature comparison record if the voter has previously
signed his name on the line marked sample signature.� If the voter has not so
signed the member of the district board shall require the voter to sign the line
marked sample signature and compare the sample signature with the signature
made by such person at the time he registered and if satisfied that they were
made by one and the same person he shall then permit the voter to sign his name
in the proper space on the signature comparison record.� The voter shall sign
his name without assistance using black ink in the proper column on the
signature comparison record.� Such signature being completed on the signature
comparison record the member of the board having charge of the duplicate
permanent registration binder shall audibly and publicly announce the name of
the claimant and if the member of the board has ascertained from the duplicate
permanent registration binder that the claimant is registered as a qualified
voter and upon comparison the member of the board is satisfied that the
signature of the claimant and the sample signature on the signature copy
register has been made by one and the same person, the member of the board who
compared the signature of the voter shall place his initials in the proper
column on the signature comparison record signifying that he has made such
comparison and is satisfied that the signature of the claimant and sample
signature has been made by one and the same person; whereupon the voter shall
be eligible to receive a ballot unless it be shown to the satisfaction of a
majority of the members of the district board that he is not entitled to vote
in the district or has otherwise become disqualified.
���� In addition to signing the
signature comparison record and after the comparison of the signature with the
signature in the register, a person offering to vote at a primary election for
the general election shall announce his name and the party primary in which he
wishes to vote.
���� After a person has voted, the
member of the district board having charge of the signature copy register shall
place the number of the person's ballot in the proper column on the record of
voting form of such person, which number shall constitute a record that the
person has voted.� In the case of a primary election for the general election
such member of the district board shall also place in the proper column on the
record of voting form the first three letters of the name of the political
party whose primary ballot such person has voted.
���� No person shall be required to
sign the signature comparison record as a means of identification if he shall
have been unable to write his name when he registered, or if, having been able
to write his name when registered, he subsequently shall have lost his sight or
lost the hand with which he was accustomed to write or shall by reason of
disease or accident be unable to write his name when he applies to vote, but
each such person who alleges his inability to sign his name on the signature
comparison record shall establish his identity as follows:� one of the members
of the district board shall read the same list of questions to the voter as
were required upon registration, such questions shall be provided at each
election by the commissioner of registration and are to be known as
"identification statements for election day."� The member of the
board shall write the answers of the voter upon the identification statement.�
These statements shall be inserted in the front of the duplicate registry
binders, at each election, and shall be numbered serially from one to twenty.
���� Each statement shall contain
the same questions as the voter was required to answer upon registration.� The
questions answered upon registration shall not be turned to or inspected until
the answers to the questions shall have been written on election day by the
member of the board.
���� At the end of each list of
questions shall be printed the following statement:� "I certify that I
have read to the above named voter each of the foregoing questions and that I
have duly recorded his answers as above to each of said questions"; and
the member of the board who has made the above record shall sign his name to
such certificate and date the same, and note the time of day of making such
record.� If the answers to the questions asked of the voter on election day
agree with the answers given by him to the same questions at the time he
registered, he shall then be eligible to receive a ballot.� Any person who
shall permit or attempt to furnish the answers on behalf of the voter shall be
guilty of a crime of the fourth degree.� The commissioner of registration shall
furnish sufficient identification statements for each election district in each
county.� The statements shall be printed on sheets approximately ten by sixteen
inches and shall contain a margin of approximately two inches for binding and shall
be inserted in the front of the duplicate registry binders each election and
shall be in substantially the following form:
PLEASE PHOTOCOPY THIS FORM FROM
P.L.1996, c.120, s.6.
���� At any election any person who
declares under oath and establishes to the satisfaction of a majority of all
the members of the district board, that by reason of an inability to read or
write, blindness or other physical disability he is unable to mark his ballot
without assistance, shall have the assistance of two members of the board who
shall not be members of the same political party, to be assigned by the board,
in preparing his ballot.� Such members shall retire with such voter to the
booth and assist him in the preparation of his ballot and folding the same.�
The member acting as clerk of the district board shall make an entry on a
disability certificate for assistance, which entry shall be in the form of an
oath and be inserted in the front of the duplicate registry binders each
election.
���� In every instance when such
oath was administered to a voter as herein provided, it shall state briefly
what facts were sworn to and the names of the members of the board who aided
such voter.� Any members of the district board shall be eligible to witness the
preparation of the ballot of any such voter, but no other person shall be
allowed to assist him in marking his ballot or to witness the marking of the
same.� No member of the board shall reveal the name of any person for whom such
voter has voted or anything that took place while he was being assisted.
���� Such voter, if blind,
disabled, or unable to read or write, may, in lieu of the assistance of the
board as above provided, have assistance of some person of his own selection in
preparing his ballot.� Such person shall retire with such voter to the booth
and assist him in the preparation of his ballot and folding the same.� The name
and address of such person shall be recorded as above.� In such case, no other
person than the one so selected by the voter shall be allowed to assist such
voter in marking his ballot or witness the marking of the same. No person so
selected shall reveal the name of any person for whom such voter has voted or
anything that took place while he was being assisted.
���� The disability certificates
shall be numbered serially one to twenty. The commissioner of registration
shall furnish sufficient disability certificates for assistance for each
election district in his county.� The disability certificates for assistance shall
be printed on sheets approximately ten by sixteen inches and shall contain a
margin of approximately two inches for binding and shall be in substantially
the following form:
PLEASE PHOTOCOPY THIS FORM FROM
P.L.1996, c.120, s.6.
���� The commissioner of
registration in each county shall furnish sufficient certificates of signature
comparison records for each election district in his county to be filled in and
signed at the close of the polls by the members of the district board.� A blank
space shall also be provided for on the certificate for the signatures of the
members of the election board. Under said certificate there shall also be
printed the word "Remarks" together with a number of blank lines.�
The commissioner shall insert one of such certificates in the front of the
signature copy register in each election district in the county.� At primary
elections the certificate shall be in substantially the following form:
PRIMARY ELECTION
CERTIFICATION OF SIGNATURE
COMPARISON RECORD
���� The undersigned constituting
the district board of election in the County
of.......................................... in
the..............................
���� (City, Town, Township, Borough
or Village)
.....................................
Ward................................. District hereby
certify that
(................................................................) is the
correct
����������������������� (Figures)
total of the number of names of
voters who actually signed the signature comparison records and voted in the
DEMOCRATIC PRIMARY ELECTION held on the
...................... day
of..................................... 20....
���� And hereby certify that
(.........................) is the correct total of
����������������������������������������������� �
(Figures)
the number of names of voters who
actually signed the signature comparison records and voted in the REPUBLICAN
PRIMARY ELECTION held on the............... day
of..............................., 20....
���� ������������������������������������������������������������������������������������
DISTRICT
...................................................Judge...................................
Clerk.
���� ������������������������������������������������������������������������������������������������������
BOARD OF ELECTION
...................................Inspector........................
Clerk.
���� �����������������������������������������������������������������������������������������������������
Remarks:...............................................................................................................................................................................................................................................................................................................................................................................................................................................................................
���� At all other elections the
certificates shall be in substantially the following form:
CERTIFICATION OF SIGNATURE
COMPARISON RECORD
���� The undersigned constituting
the district board of election in the County of.......................... in
the.......................................................................
����������� (City, Town, Township,
Borough or Village)
........................................
Ward................................ District hereby
certify that
(................................................................) is the
correct
����������������������� (Figures)
total of the number of names of
voters who actually signed the signature comparison records and voted in
the.................................................................................election
held������ (General, Special or other Election as the case may be)
on the .................. day
of..............., 20..... .
DISTRICT
....................
Judge.................................... Clerk.
BOARD OF ELECTION
....................Inspector................................
Clerk.�������������������
Remarks:.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
���� After each election the
commissioner of registration shall remove from the binders the identification
statements, the disability certificates for assistance, and certifications of
signature comparison records and shall preserve them in his office in a suitable
place for a period of two years.
(cf: P.L.2005, c.154, s.9)
���� 17.� 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.� 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
or, regardless of the method of registration, voting in any
election on or after January 1, 2025,
and
[
was
]
given a
provisional ballot because he or she did not provide required personal
identification information
or required executed affidavit of a religious
objection to being photographed as an exemption from the identification
requirement in accordance with subsection b. of R.S.19:15-17
, the voter
shall be given until the close of business on the second day after the election
to provide identification
or an executed affidavit as to a religious
objection to being photographed as an exemption to the identification
requirement
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)
���� 18.� Section 3 of P.L.2009,
c.79 (C.19:63-3) is amended to read as follows:
���� 3.� a.� A qualified voter
shall be entitled to vote using a mail-in ballot:
���� (1)� in all future elections,
including general elections, held in this State, in which the voter is eligible
to vote; or
���� (2)� in any single election
held in this State.
���� The qualified voter who
chooses the option to vote using a mail-in ballot in all future elections shall
be furnished with such a ballot by the county clerk without further request on
the part of the voter and until the voter requests in writing that the voter no
longer be sent a mail-in ballot, or beginning with the 2020 general election
cycle, if the voter does not vote by mail in four consecutive years, then the
voter shall no longer be furnished with a mail-in ballot for future elections
and the voter shall be notified in writing of the change.
���� The mail-in ballot application
form prepared by the Secretary of State shall present the two options in the
order provided above.� The mail-in ballot application 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.
���� The additional direct
expenditures required for the implementation of the provisions of this
subsection as amended by section 1 of P.L.2018, c.72 shall be offset pursuant
to section 1 of P.L.2019, c.459 (C.19:63-29).
���� b.� (1)� Not less than seven
days before an election in which a voter wants to vote by mail, the voter may
apply to the person designated in section 5 of P.L.2009, c.79 (C.19:63-5), for
a mail-in ballot.� The application shall be in writing, shall be signed by the
applicant and shall state the applicant's place of voting residence and the
address to which the ballot shall be sent.� In the case of a voter choosing to
have their mail-in ballot sent to a secondary address, if the ballot is
returned or marked undeliverable for two consecutive general elections, then
future mail-in ballots shall be mailed to the voter's address where they are
registered to vote and the voter shall be notified in writing of the change.�
The Secretary of State shall prepare a mail-in application form and shall have
the authority to promulgate any rules and regulations the secretary deems
necessary to effectuate the purposes of this subsection.
���� (2)� Beginning on January 1,
2026 and thereafter, not less than seven days before an election in which a
voter wants to vote by mail, instead of submitting an application under
paragraph (1) of this subsection, the voter may apply for a mail-in ballot electronically
through the voter registration website established by the Secretary of State
pursuant to section 1 of P.L.2019, c.382 (C.19:31-6.4c), which application
shall be electronically submitted to the person designated by the Secretary of
State.� The application shall be in electronic form, shall be signed by the
applicant using the applicant's electronic signature in the Statewide Voter
Registration System, and shall state the applicant's place of voting residence
and the address to which the ballot shall be sent.� The Secretary of State
shall prepare a mail-in ballot electronic application form and shall have the
authority to promulgate any guidance, guidelines, rules and regulations the
secretary deems necessary to effectuate the purposes of this subsection.� The
rules and regulations shall ensure the security of the online mail-in ballot
application form and the use of verifiable signatures, including a process for
the resolution of signature discrepancies and the validation of the information
provided by the applicant.
���� c.���� Any voter wanting to
vote by mail in any election may apply to the person designated in section 5 of
P.L.2009, c.79 (C.19:63-5) for a mail-in ballot to be sent to the voter.� A
voter who is a member of the armed forces of the United States may use a federal
postcard application form to apply for a mail-in ballot.
���� d.��� Any voter who fails to
apply for a mail-in ballot before the seven-day period prescribed in subsection
b. of this section may apply in person to the county clerk for a mail-in ballot
up to 3 p.m. of the day before the election.
���� e.���� A person voting by
mail-in ballot who registered by mail after January 1, 2003, who did not
provide personal identification information when registering pursuant to
section 16 of P.L.1974, c.30 (C.19:31-6.4) and is voting for the first time in
his or her current county of residence following registration shall include
copies of the required identification information with the mail-in ballot.�
In
addition to providing this personal identification information as may be
required, beginning with the first election held after January 1, 2025, a
person voting by mail-in ballot, regardless of the method of voter
registration, shall include a copy of a document for valid proof of
identification as described in paragraph (2) of subsection b. of R.S.19:15-17,
or an original executed affidavit of a religious objection to being
photographed as an exemption from this requirement as described in paragraph
(3) of that subsection, with the mail-in ballot.
� Failure to include such
information with the mail-in ballot shall result in its rejection.
���� f.���� The county clerk shall
not transmit a mail-in ballot for any election to any person who: is deemed by
a county commissioner of registration to be an inactive voter; or notifies the
clerk in writing that the person no longer wishes to receive such a ballot for
any election; or is no longer eligible to vote and whose registration file has
been transferred to the deleted file pursuant to R.S.19:31-19.
���� g.��� Any mail-in ballot that
is sent to a qualified voter and that is returned to the county clerk for any
reason shall be forwarded to the commissioner of registration, who shall so
note the return in the voter record of that voter.
(cf: P.L.2022, c.68, s.1)
���� 19.� Section 6 of P.L.2009,
c.79 (C.19:63-6) is amended to read as follows:
���� 6.� a.� The county clerk, in
the case of any Statewide election, countywide election, or school election in
a regional or other school district comprising more than one municipality; the
municipal clerk, in the case of any municipal election or school election in a
school district comprising a single municipality; and the commissioners or
other governing or administrative body of the district, in the case of any
election to be held in any fire district or other special district, other than
a municipality, created for specified public purposes within one or more
municipalities, shall publish the following notice in substantially the
following form:
���� NOTICE TO PERSONS WANTING
MAIL-IN BALLOTS
���� If you are a qualified and
registered voter of the State who wants to vote by mail in
the......................... (school, municipal, primary, general, or other)
election to be held on................. (date of election), the following
applies:
���� You must complete the
application form below and send it to the county clerk where you reside or
write or apply in person to the county clerk where you reside to request a
mail-in ballot.� Instead, you may complete the application form electronically
on the Secretary of State's website.
���� The name, address, and
signature of any person who has assisted you to complete the mail-in ballot
application must be provided on the application, and you must sign and date the
application.
���� No person may serve as an
authorized messenger or bearer for more than three qualified voters in an
election, but a person may serve as such for up to five qualified voters in an
election if those voters are immediate family members residing in the same household
as the messenger or bearer.
���� No person who is a candidate
in the election for which the voter requests a mail-in ballot may provide any
assistance in the completion of the ballot or serve as an authorized messenger
or bearer.
���� A person who applies for a
mail-in ballot must submit his or her application at least seven days before
the election, but such person may request an application in person from the
county clerk up to 3 p.m. of the day before the election.
���� Voters who want to vote by
mail in all future elections will, after their initial request and without
further action on their part, be provided with a mail-in ballot until the voter
requests otherwise in writing, or beginning with the 2020 general election
cycle, if the voter does not vote by mail in four consecutive years, then the
voter shall no longer be furnished with a mail-in ballot for future elections
and the voter shall be notified in writing of the change.
���� Application forms may be
obtained by applying to the undersigned either in writing or by telephone, or
the application form provided below may be completed and forwarded to the
undersigned.
���� Dated.....................................................
���� ........................................................................
���� (signature and title of county
clerk)
���� ....................................
���� (address of county clerk)
���� ....................................
���� (telephone no. of county
clerk)
���� b.� (1)� The Secretary of
State shall be responsible for providing all information regarding overseas
ballots to each overseas voter eligible for such a ballot pursuant to P.L.1976,
c.23 (C.19:59-1 et seq.).� The secretary shall also make available valid
overseas voter registration and ballot applications to any voter who is a
member of the armed forces of the United States and who is a permanent resident
of this State, or who is an overseas voter who wishes to register to vote or to
vote in any jurisdiction in this State.� The secretary shall provide such
public notice as may be deemed necessary to inform members of the armed forces
of the United States and overseas voters how to obtain valid overseas voter
registration and ballot applications.
���� (2)�� The Secretary of State
shall undertake a program to inform voters in this State about their
eligibility to vote by mail pursuant to this act.� Dissemination of this
information shall be included in the standard notices required by this section
and other provisions of current law, including but not limited to the notice
requirements of R.S.19:12-7, and shall be effectuated by such means as the
secretary deems appropriate and to the extent that funds for such dissemination
are appropriated including, but not limited to, by means of Statewide or local
electronic media, public service announcements broadcast by such media, notices
on the Internet site of the Department of State or any other department or
agency of the Executive Branch of State government or its political
subdivisions deemed appropriate by the secretary, and special mailings or
notices in newspapers or other publications circulating in the counties or
municipalities of this State.
���� c.���� The mail-in ballot
materials shall contain a notice that any person voting by mail-in ballot who
has registered by mail after January 1, 2003, who did not provide personal
identification information when registering and is voting for the first time in
his or her current county of residence following registration shall include
copies of the required identification information with the mail-in ballot
[
,
]
;
and
[
that
]
(2) in
addition to providing the personal identification information as may be
required by paragraph (1) of this subsection, any person voting by mail-in
ballot in any election after January 1, 2025, regardless of the method of
registration, shall include a copy of a document for valid proof of
identification as described in paragraph (2) of subsection b. of R.S.19:15-17,
or an original executed affidavit as to a religious objection to being
photographed as an exemption from the identification requirement as described
in paragraph (3) of that subsection, with the mail-in ballot.� The notice shall
also state that
failure to include such information shall result in the
rejection of the ballot.
���� d.��� The notice provided for
in subsection a. of this section shall be published before the 55th day
immediately preceding the holding of any election.
���� Notices relating to any
Statewide or countywide election shall be published in at least two newspapers
published in each county.� All officials charged with the duty of publishing
such notices shall publish the same in at least one newspaper published in each
municipality or district in which the election is to be held, or if no
newspaper is published in the municipality or district, then in a newspaper
published in the county and circulating in the municipality or district.� All
such notices shall be display advertisements.
(cf: P.L.2022, c.68, s.4)
���� 20.� Section 6 of P.L.1980,
c.47 (C.39:3-29.7) is amended to read as follows:
���� 6.� a.� The
[
Division of
Motor Vehicles
]
commission
chief administrator shall charge fees as follows:
����������� Standard Identification
Card, Original�������� $18
����������� Identification Card,
Duplicate���������������������� $5
����������� Identification Card,
Renewal����������������������� $18
����������� REAL ID Identification
Card���������������������� $29
����������� Digitized photograph������������ $6,
in addition to the fees required above
����
The fees above shall not be
charged to any person who, beginning with the first election held after January
1, 2025, requires the identification card as a means of demonstrating valid
proof of identification in order to be permitted to vote in accordance with the
provisions of Title 19 of the New Jersey Statutes, and the person submits an
affidavit of indigence to the chief administrator.
���� b.��� The chief administrator
may waive the fees established under subsection a. of this section for a person
who is homeless who submits proof of temporary residence through a social
worker or the coordinator of an emergency shelter for the homeless where the
person is temporarily residing.� On or before December 31 of each year, the
commission shall report to the Office of Homelessness Prevention in the
Department of Community Affairs an accounting of each instance in which the
commission provided a fee waiver pursuant to this section.� For the purposes of
this section, "person who is homeless" means a person without a
domicile who is unable to secure permanent and stable housing as determined by
a social worker or the coordinator of an emergency shelter for the homeless
established pursuant to P.L.1985, c.48 (C.55:13C-1 et seq.).
���� c.���� The chief administrator
may waive the fee imposed for a duplicate identification card if the applicant,
at the time of application: is applying for a REAL ID identification card, as
that term is defined in R.S.39:1-1; currently holds a valid identification card
issued by the commission; and is not eligible to renew the applicant's current
identification card.� The chief administrator's authority to waive the
duplicate identification card fee under this subsection shall expire on October
1, 2020.� In order to receive a REAL ID identification card pursuant to this
subsection, the applicant shall first surrender to the commission the
applicant's current identification card.
(cf. P.L.2019, c.271, s.18)
���� 21.� This act shall take
effect immediately but remain inoperative until January 1, 2025; however, the
Secretary of State and the Chief Administrator of the New Jersey Motor Vehicle
Commission shall take any administrative action in advance of the operative date
as necessary to implement the provisions of this act.
STATEMENT
���� This bill would require voters
to present certain documentation as proof of voter identity to vote, beginning
with the first election held after January 1, 2025.� A voter, whether voting in
person or through mail-in ballot, would be required to show or submit a copy of
a New Jersey�s driver�s license, New Jersey nondriver�s identification card, or
other document, that includes all of the following criteria: (1) the name of
the voter to whom the document was issued; (2) a photograph of the voter to
whom the document was issued; (3) an expiration date, showing that the document
is not expired or expired only after the date of the most recent election; and
(4) was issued by the federal government or this State.
���� For first-time voters, this
documentation would be required in addition to the production of any document
necessary to fulfill the proof of identity requirement mandated by the federal
�Help America Vote Act of 2002,� if that first-time voter had registered to
vote by mail without submitting federally-acceptable identity verification with
the registration.� However, a first-time voter in this situation would be
required to present only one document with respect to both identification
requirements, if that document is able to satisfy the document criteria as
applicable to each requirement.
���� The requirement for verifying
voter identity through additional documentation would not apply to any voter
entitled to vote by mail-in ballot under the federal �Uniformed and Overseas
Citizens Absentee Voting Act,� or provided the right to vote otherwise than in
person under the federal �Voting Accessibility for the Elderly and Handicapped
Act,� or any other federal law.� Additionally, because the bill�s verification
of identity requires the production of a document containing a photograph of
the voter, it incorporates an exemption from the production of such document if
the voter has a religious objection to being photographed, and this is
established by a sworn affidavit from the voter.
���� In order to administer the
bill�s new voter verification requirement, the bill updates the statutory
provisions governing election day challenges to a person�s right to vote by
district board members or other authorized challengers, as appointed pursuant
to Chapter 7 of Title 19 of the Revised Statutes.� With respect to any voter
who is denied the right to vote for failing to display acceptable
documentation, that voter would be provided a provisional ballot.� In order for
that ballot to be officially counted in an election, the voter would need to
produce the required documentation by the close of business on the second day
after the election to the applicable county commissioner of registration.
���� Finally, to ensure that no one
is denied the right to vote based solely on an inability to pay for a
government-issued document with photograph as required under the bill for
identity verification, the Motor Vehicle Commission would issue a nondriver identification
card without cost to any voter requiring such document upon execution of an
affidavit of indigence.