Requires at least one drive-up ballot drop box in each county; requires certain information to be posted at ballot drop boxes and locations.

A2454

ASSEMBLY, No. 2454

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman TENNILLE R. MCCOY

District 14 (Mercer and Middlesex)

Assemblywoman ANNETTE QUIJANO

District 20 (Union)

Co-Sponsored by:

Assemblywomen Bagolie, Collazos-Gill, Haider and Drulis

SYNOPSIS

���� Requires at least one drive-up ballot drop box in
each county; requires certain information to be posted at ballot drop boxes and
locations.

CURRENT VERSION OF TEXT

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

��

An Act
concerning ballot drop boxes and amending P.L.2020,
c.72.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.� Section 1 of P.L.2020,
c.72 (C.19:63-16.1) is amended to read as follows:�

���� 1.� a.� In addition to
delivering a voted mail-in ballot by mail or in person as provided under
"The Vote By Mail Law," P.L.2009, c.79 (C.19:63-1 et seq.), a mail-in
voter shall be entitled to deposit the voter's completed mail-in ballot in a ballot
drop box established by the county board of elections as provided under this
section.� Each mail-in ballot deposited in a ballot drop box by the time
designated under current law for the closing of the polls for that election
shall be considered valid and shall be canvassed.� If, at the closing of the
polls, a voter deposits a mail-in ballot at a ballot drop box in a county in
which the voter does not reside, the county board of elections, upon
discovering that fact, shall notify and timely deliver the ballot to the county
board of elections of the county in which the voter resides, who shall accept
the ballot for processing.� The limitations and prohibitions applicable to
mail-in ballot bearers under "The Vote By Mail Law," P.L.2009, c.79
(C.19:63-1 et seq.) shall apply under this section.

���� b.� (1)� For any election, the
county board of elections in each county shall establish ballot drop boxes
where voters may deposit their voted mail-in ballots at least 45 days before
the election.� The ballot drop boxes shall be located throughout the county in
a manner specified under paragraph (2) of this subsection.� The county board of
elections may establish a pickup schedule to retrieve mail-in ballots deposited
in ballot drop boxes, consistent with the guidelines established by the
Secretary of State pursuant to subparagraph (c) of paragraph (2) of this
subsection.

���� (2)� (a)� A ballot drop box
shall mean a secured drop box that is not required to be within view of a live
person for monitoring.� All ballot drop boxes shall be available for use by a
voter 24 hours a day and shall be placed at locations equipped with security
cameras that allow for surveillance of the ballot drop box.

���� (b)� Beginning with the 2021
general election, at least one ballot drop box shall be located: at any county
government building in which the main office of the county clerk is located; in
each municipality with a population larger than 5,000 residents; at the main
campus of each State college or university; and the main campus of each
independent four-year college or university with enrollments larger than 5,000
students. Notwithstanding the locational criteria established by this
subparagraph, whenever two or more ballot drop box locations are separated by a
distance of less than 2,000 feet, the board of elections in each county shall
determine secondary locations for those ballot drop boxes in compliance with
the requirements of this section. The secondary ballot drop box locations shall
be located within the municipality where those ballot drop boxes were
originally located and shall be approved by a majority vote of the members of
the board of elections.� However, in the event of a tie in the votes cast by
the members of the board of elections, the county clerk shall cast the deciding
vote.� Whenever possible, at least one ballot drop box shall be located in a
municipality with an average per capita income or a median family income at or
below 250% of the federal poverty guideline according to the most recent
federal American Community Survey.

���� (c)� The board of elections in
each county shall establish no fewer than 10 ballot drop boxes.� To the best of
their ability, the board of elections of every county shall place secure ballot
drop boxes based on geographic location and population density to best serve
the voters of each county in compliance with the guidelines adopted pursuant to
subsection c. of this section.� The Secretary of State shall establish
guidelines for the placement of the ballot drop boxes, the security of the
ballot drop boxes, and the schedule for ballot pickup from the ballot boxes.

���� (d)� All ballot drop box
locations shall be on sites that meet the accessibility requirements applicable
to polling places under R.S.19:8-2 and shall be subject to the same compliance
oversight applicable to polling places under section 3 of P.L.1991, c.429
(C.19:8-3.3).� A ballot drop box site shall be considered accessible if it is
in compliance with the federal "Americans with Disabilities Act of
1990" (42 U.S.C. s.12101 et seq.).

���� (e)� Except as otherwise
provided herein, no ballot drop box shall be located inside, or within 100 feet
of an entrance or exit, of a State, county, or municipal police station.

���� Notwithstanding the provisions
of this subparagraph, a ballot drop box that has already been installed and
permanently affixed prior to the effective date of this act, P.L.2021, c.459,
at any of the following locations may remain at that location notwithstanding
that the ballot drop box is within 100 feet of an entrance or exit of a State,
county, or municipal police station if the county commissioners approve the
continued presence at that location by a majority vote of the commissioners and
with the reasons therefor subject to public disclosure:

���� any county government building
in which the main office of the county clerk is located; any municipal
government building in which the main office of the municipal clerk is located
in municipalities with populations larger than 5,000 residents; the main campus
of a county community college; the main campus of a State college or
university; and the main campus of an independent four-year college or
university with enrollments larger than 5,000 students.

���� (f)� Except as otherwise
permitted herein, no State, county, or municipal police officer shall remain or
stand within 100 feet of a ballot drop box in use during the conduct of an
election.� Nothing herein shall be interpreted to prohibit the police officer
from:

���� voting at that ballot drop box
in a personal capacity;

���� traveling to and from, or
remaining within, their personal residence if that residence is within 100 feet
of a ballot drop box;

���� investigating, addressing, or
removing any cause for a disturbance, or otherwise responding to a request for
assistance, on or around the premises of the location of that ballot drop box;
or

���� escorting to or from, or both,
a ballot drop box or the premise on which it is located any person who may
require the assistance of the officer.

���� (g)� No person shall wear,
display, sell, give, or provide any political or campaign slogan, badge,
button, or other insignia associated with any political party or candidate
within 100 feet of a ballot drop box in use during the conduct of an election, except
with respect to the badge furnished by the county board as provided by law.� A
person violating the provisions of this subparagraph shall be guilty of a
disorderly persons offense.

����
(h)� At least one ballot
drop box in each county shall be a drive-up ballot drop box. As used in this
subsection, a �drive-up ballot drop box� means a ballot drop box and location
designed and evaluated to possess accessible features including, but not
limited to, sufficient vehicle turning radius adjacent to the driver side, curb
cuts, availability of handicap parking, and an unimpeded path to the ballot
drop box from handicap parking. The drive-up ballot drop box shall be easy to
locate by voters and readily visible with adequate lighting and a clear line of
sight from the street and parking area.

����
(i) �All ballot drop boxes
shall be clearly and visibly marked as an �Official Ballot Drop Box.� The following
information shall be provided, in a uniform manner prescribed by the Secretary
of State, at drop boxes and drop box locations in all languages required under
the federal Voting Rights Act of 1965 (52 U.S.C. s. 10503) and those languages
applicable to a particular county as required under section 2 of P.L.1965, c.
29 (C.19:23-22.4):

����
(i)� language stating that
tampering with the drop box is a crime of the third degree, resulting in a
prison sentence between 3 and 5 years and a fine up to $15,000 if convicted;

����
(ii)� a toll-free voter
hotline connecting the voter to either the county board of elections office or
the Division of Elections or Secretary of State hotlines;

����
(iii)� a statement that �NO
POSTAGE IS NECESSARY� when depositing the ballot into the drop box;

����
(iv) a statement that �FOR
DEPOSITS FOR MAIL-IN BALLOTS FOR THIS COUNTY ONLY. THIS IS NOT A MAILBOX. FOR
ALL OTHER COUNTIES AND STATES, PLEASE MAIL.�

����
(v)� a statement informing
the public that no mail-in ballots will be accepted after 8:00 p.m. on Election
Day, unless there are voters in line at the drop box or the time for the
closing of the polls has been extended by a court order.

���� c.���� The Secretary of State,
in consultation with county boards of elections, shall establish the guidelines
necessary to ensure the secure and successful implementation of the mail-in
ballot drop boxes required by this section to ensure adequate access in various
geographic areas of the county.� In determining the ballot drop box locations,
the secretary and county boards of elections shall consider, at a minimum,
concentrations of population, geographic areas, voter convenience, proximity to
public transportation, community-based locations, travel time to the location,
proximity to other voting locations and ballot drop boxes, commuter traffic
patterns, and security.� The guidelines shall include, but may not be limited
to, criteria for each county board of elections to:

���� (1)� determine the number of
ballot drop boxes required per voter population, considering both the number of
registered voters and the number of registered mail-in voters in each county
before each election;

���� (2)� select the geographic
location of each ballot drop box, ensuring an equitable distribution of ballot
drop boxes across the county to maximize convenience to voters;

���� (3)� ensure the accessibility
of ballot drop boxes and drop box locations to persons with disabilities;
[
and
]

���� (4)� maintain the security of
ballot drop boxes and of the ballots deposited therein, including standards and
procedures for ballot retrieval by authorized persons only, and for ensuring
the proper chain of custody and safe storage of voted mail-in ballots before
each election
; and

����
(5)� establish an
electioneering boundary of 100 feet around a ballot drop box in compliance with
R.S.19:34-15, and post signs containing the words �NO ELECTIONEERING WITHIN 100
FEET OF A BALLOT DROP BOX� to notify the public, including information that a
person shall not distribute or display any circular or printed matter or offer
any suggestion or solicit any support for any candidate, party, or public
question within the electioneering boundary of the ballot drop box
.

���� d.��� Each county clerk shall
include the locations of the ballot drop boxes established in the county along
with the instructions furnished with the mail-in ballot package sent to each
mail-in voter pursuant to section 7 of P.L.2009, c.79 (C.19:63-7).� At least 45
days before each election, each county board of elections shall cause to be
published on their respective websites the location of the ballot drop boxes in
each county, and shall provide this information to the Secretary of State for
publishing the same on the Division of Elections website.

���� e.���� Whenever a municipal,
school, or special election is held, the board shall, at a minimum, open the
ballot drop box located geographically closest to the municipal government
building in which the main office of the municipal clerk is located and the
ballot drop box located at the board of elections or county office, if one is
placed at that location.� When a school election encompasses more than one
municipality, the board shall be responsible for the selection of the ballot
drop box location with respect to each municipality.

(cf: P.L.2022, c.70, s.4)

���� 2.� This act shall take effect
immediately.

STATEMENT

���� This bill requires the county
board of elections in each county to establish at least one drive-up ballot
drop box in the county and to post certain information at ballot drop boxes and
locations.

���� Under current law, each county
board of elections is required to establish at least 10 ballot drop boxes at
locations throughout the county following several criteria. Under this bill, at
least one of those locations would be required to be a �drive-up ballot drop
box,� defined as a ballot drop box and location designed and evaluated to
possess accessible features including, but not limited to, sufficient vehicle
turning radius adjacent to the driver side, curb cuts, availability of handicap
parking, and an unimpeded path to the ballot drop box from handicap parking.
The bill requires the drive-up ballot drop box to be easy to locate and readily
visible by voters with adequate lighting and a clear line of sight from the
street and parking area.

���� The bill would also require
certain information to be posted at ballot drop boxes and drop box locations.
Under the bill, all ballot drop boxes would be marked as an �Official Ballot
Drop Box.� In addition, in a uniform manner prescribed by the Secretary of
State, the following information would be posted at drop boxes and drop box
locations in all languages required under the federal Voting Rights Act of 1965
and under current law for the county: the penalties for drop box tampering;
a-toll free voter hotline; a statement indicating that no postage is necessary
for depositing the ballot into the drop box; a statement indicating that the
drop box is for mail-in ballots only for that county; and a statement informing
the public of the applicable deadline for accepting ballots at the drop box.

���� Finally, the bill directs the
Secretary of State and county boards of elections to include guidelines for
county boards of elections to follow to establish an electioneering boundary of
100 feet around each ballot drop box in compliance with current law. The bill
requires the posting of signs and information to notify the public of the
prohibited electioneering activities within the boundary of the ballot drop box.