Requires outer envelope for mailing of voted mail-in ballot by voter to include postage prepaid.

A4889

ASSEMBLY, No. 4889

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 7, 2026

Sponsored by:

Assemblywoman� VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Assemblywoman� LINDA S. CARTER

District 22 (Somerset and Union)

SYNOPSIS

���� Requires outer envelope for mailing of voted mail-in
ballot by voter to include postage prepaid.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning the mailing of voted mail-in ballots,
amending various parts of the statutory law, and supplementing P.L.2009, c.79.

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

���� 1.��� Section 11 of P.L.1964,
c.134 (C.19:58-11) is amended to read as follows:

���� 11.� Each county clerk shall
cause to be printed a sufficient number of Presidential ballots for each
Presidential election to be held in this State and along with all such ballots
there shall also be furnished by the county clerk inner and outer envelopes which
shall be of different color than those used to enclose military service and
civilian absentee ballots, and also printed directions for the preparation and
transmitting of such ballots and all� expenses of printing and mailing such
ballots shall be paid in the same manner� as other expenses of such election
are paid.�
The outer envelopes shall have affixed thereon the proper and
sufficient first-class or air-mail prepaid postage, the costs of which shall be
paid by the county clerk and reimbursed by the State pursuant to section 8 of P.L. , c. (C. ) (pending
before the Legislature as this bill).

(cf: P.L.1964, c.134, s.11)

���� 2.��� Section 22 of P.L.1964,
c.134 (C.19:58-22) is amended to read as follows:

���� 22.��� Said sealed
postage
prepaid
outer envelope with the inner envelope and the ballot enclosed
therein, shall then be mailed
[
with
sufficient postage
]

to the county board of elections to which it is addressed, or shall be
presented in person to the county board of elections at the office of said
board.

(cf: P.L.1964, c.134, s.22)

���� 3.��� Section 8 of P.L.1976,
c.23 (C.19:59-8) is amended to read as follows:

���� 8.� a.� Each county clerk
shall send by air mail, with each ballot for an overseas voter or overseas
federal election voter or overseas State and federal election voter transmitted
by such means, appropriate printed instructions for its completion and return,
together with an inner
envelope
and
an
outer envelope
with
proper and sufficient postage thereon
similar to that required as to
civilian vote by mail ballots with a legend on the inner envelope stating
"Ballot for Overseas Voter," "Ballot for Overseas Federal
Election Voter," or "Ballot for Overseas State and Federal Election
Voter," as appropriate.

���� b.��� Each county clerk shall
send to each overseas voter or overseas federal election voter or overseas
State and federal election voter requesting that a ballot be sent to that voter
by electronic means all appropriate printed instructions for its completion and
return.� The printed instructions sent to each such voter shall include a
certificate substantially the same as provided for in section 9 of P.L.1976,
c.23 (C.19:59-9).

���� c.���� The printed
instructions sent with each ballot to an overseas voter or overseas federal
election voter or overseas State and federal election voter, including
instructions sent by electronic means, shall include a copy of the following
notice:

���� PENALTY FOR FRAUDULENT VOTING

���� Any person who knowingly
violates any of the provisions of the Overseas Residents Absentee Voting Law,
or who, not being entitled to vote thereunder, fraudulently votes or attempts
to vote thereunder or enables or attempts to enable another person, not entitled
to vote thereunder, to vote fraudulently thereunder or who prevents or attempts
to prevent by fraud the voting of any person legally entitled to vote under
this act, shall be guilty of an indictable offense, and upon conviction thereof
shall be subject, in addition to such other penalties as are authorized by law,
to disenfranchisement while serving a sentence of incarceration unless and
until pardoned or restored by law to the right of suffrage.

(cf: P.L.2022, c.72, s.7)

���� 4.��� Section 10 of P.L.1976,
c.23 (C.19:59-10) is amended to read as follows:

���� 10.� a.� For ballots sent to
overseas voters or overseas federal election voters or overseas State and
federal election voters, other than such ballots sent to the voter by
electronic means, the procedure for completing the ballot shall be as follows:

���� Upon completion of the ballot
by indicating the voter's choice of candidates for the offices named or the
voter's choice regarding a public question, or both, the ballot shall be placed
in the inner envelope and sealed.� Upon completion and signing in the voter's
handwriting the certificate attached to the inner envelope, the inner envelope
shall be placed in the outer envelope, which when sealed shall be mailed
postage prepaid
by the county clerk,
to the county board of elections
whose address is printed thereon.

���� b.��� For ballots sent to
overseas voters or overseas federal election voters or overseas State and
federal election voters by electronic means, the procedure for completing the
ballot shall be as follows:

���� After the ballot is received
and completed by the voter by indicating that person's choice of candidates for
the offices named or that person's choice regarding a public question, or both,
the ballot shall be placed in a secure envelope.� Upon completion and signing
in the voter's handwriting of the certificate sent to the voter pursuant to
section 8 of P.L.1976, c.23 (C.19:59-8), it shall be placed in the same
envelope as the voted ballot.� The envelope shall then be sealed securely and
sent immediately by air mail to the appropriate county board of elections in
this State.

���� c.���� Notwithstanding the
provisions of subsections a. and b. of this section, a copy of an overseas
voter's or overseas federal election voter's or overseas State and federal
election voter's ballot may be transmitted by electronic means to the
appropriate county board of elections in this State.� Such a ballot shall be
subject to the provisions of sections 3 and 4 of P.L.1995, c.195 (C.19:59-14
and C.19:59-15).

(cf: P.L.2022, c.72, s.10)

���� 5.��� Section 2 of P.L.2005,
c.148 (C.19:62-2) is amended to read as follows:

���� 2.��� If an election by mail
is authorized pursuant to section 1 of this act, P.L.2005, c.148 (C.19:62-1),
the county clerk shall:

���� a.���� publish, in advance of
the election and pursuant to rules and regulations promulgated by the Secretary
of State, official notice that the election shall be conducted by mail together
with such other information regarding the conduct of the election as shall be
deemed necessary by the Secretary of State;

���� b.��� mail a ballot, including
an outer envelope
with proper and sufficient postage prepaid thereon
and
an inner envelope substantially similar to the envelopes provided for mail-in
ballots pursuant to sections 12 and 13 of P.L.2009, c.79 (C.19:63-12 and
C.19:63-13), not sooner than the 20th day prior to the day of the election nor
later than the 14th day prior to the day of the election, to each person
registered to vote in the municipality at that election, ensuring that, except
for a primary election for the general election, the delivery envelope, which
is the envelope that is used to mail the blank ballot, the outer envelope, and
the inner envelope to each voter shall not contain any political affiliation or
designation visible to the public on the envelope's exterior;

���� c.���� designate the county
clerk's office or the municipal clerk's office as the places to obtain a
replacement ballot pursuant to section 5 of P.L.2005, c.148 (C.19:62-5);

���� d.��� designate, after
consultation with the county board of elections and pursuant to criteria
established by the Secretary of State, places within the county or municipality
that shall be available for the deposit of voted ballots for the election;

���� e.���� make a provisional
ballot available at the office of the county clerk and the office of the
municipal clerk so that each person who has been a resident of the county or
municipality in which the person seeks to register and vote at least 21 days
prior to the day of the election and has moved to a location within the
municipality after that 21st day and prior to the day of the election may vote;

���� f.���� suspend distribution to
each registered voter in the municipality of samples of the official ballot of
any election, but distribute to each registered voter in the municipality with
each ballot a copy of the voter information notice provided for in section 1 of
P.L.2005, c.149 (C.19:12-7.1) as modified and supplemented by the Secretary of
State as deemed appropriate for use in municipalities conducting elections by
mail, and such instruction about the completion of the ballot as deemed
necessary by the Secretary of State;

���� g.��� make certain that all
qualified voters in the municipality requesting a mail-in ballot between the
45th day and the 21st day prior to the day of an election receive such ballot
after the 20th day prior to the day of an election and voters requesting a ballot
on or before the seventh day prior to the date of the election shall receive a
ballot authorized pursuant to this section; and

���� h.��� establish, after
consultation with the county board of elections and in accordance with rules
and regulations adopted by the Secretary of State, the time by which all
ballots must be received by the board on the day of an election to be
considered valid and counted.

(cf: P.L.2022, c.70, s.3)

���� 6.��� Section 8 of P.L.2005,
c.148 (C.19:62-8) is amended to read as follows:

���� 8.��� Prior to transmitting a
ballot to the county board of elections, a registered voter shall mark it and
place it in the inner envelope.� The inner envelope shall then be placed in the
outer envelope and that envelope shall be signed and certified by the voter
pursuant to instructions provided with the ballot.� The voter may return the
envelopes containing the marked ballot to the county board by United States
mail or by depositing it at the office of the county board or any other place
of deposit designated for that purpose.�
[
If
the voter returns the ballot by United States mail, the voter shall provide the
postage
]

Each outer envelope shall be a postage prepaid return envelope
.

(cf: P.L.2005, c.148, s.8)

���� 7.��� Section 12 of P.L.2009,
c.79 (C.19:63-12) is amended to read as follows:

���� 12.� Each county clerk shall
send, with each mail-in ballot, printed directions for the preparation and
transmitting of the ballots as required by this act.� The directions shall be
printed in such manner and form as the Secretary of State shall require, together
with two envelopes of such sizes that one will contain the other.� The
directions prepared by the Secretary of State shall inform the voter that the
status of the voter's mail-in ballot may be checked using the free-access
system provided in section 5 of P.L.2004, c.88 (C.19:61-5).� Except for a
primary election for the general election, each county clerk shall ensure that
the delivery envelope, which is the envelope that is used to mail the blank
ballot, the outer envelope, and the inner envelope to each voter shall not
contain any political affiliation or designation visible to the public on the
envelope's exterior.

���� The outer envelope shall be
addressed to the county board of elections of the county in which is located
the home address of the person to whom the mail-in ballot is sent, as certified
by the county clerk.�
[
At
the discretion of the county clerk, the
]

The
outer envelope
[
may
]

shall

be a postage
[
paid
]

prepaid

return envelope.� On the outside and front of each outer envelope, there shall
be printed or stamped the following:

���� To protect your vote:

���� IT IS AGAINST THE LAW FOR
ANYONE EXCEPT YOU THE VOTER TO MAIL OR TRANSPORT THIS BALLOT UNLESS THE
ENVELOPE IS SEALED AND THE FOLLOWING IS COMPLETED:

���� Ballot mailed or transported
by

���� (signature of bearer)

���� (print name of bearer)

���� (address of bearer)

���� The reserve side of the outer
envelope shall contain the following:

���� REMINDER

���� For your vote to count, you
must:

���� 1)��� Vote your ballot and
place it in the inner envelope with the attached certificate.

���� 2)��� Seal the envelope.

���� 3)��� Place the envelope into
the larger envelope addressed to the board of elections and seal that envelope.

���� 4)��� If another person will
be mailing your ballot or bringing it to the board of elections, MAKE CERTAIN
THAT PERSON COMPLETES THE "BEARER PORTION" ON THE ENVELOPE ADDRESSED
TO THE BOARD OF ELECTIONS BEFORE THE BALLOT IS TAKEN FROM YOU.� NO PERSON WHO
IS A CANDIDATE IN THE ELECTION FOR WHICH THE VOTER REQUESTS THIS BALLOT IS
PERMITTED TO SERVE AS A BEARER.� NO PERSON IS PERMITTED TO SERVE AS A 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 BEARER.

���� The Secretary of State is
authorized to make such changes to the instructions for mail-in ballot
materials as the Secretary of State deems necessary or as is mandated by
federal or State law.

���� The inner envelope shall be so
designed that it can be sealed after the mail-in ballot has been placed therein
and the flap thereof shall be of such length and size as to leave sufficient
margin, after sealing, for the printing thereon of the certificate hereinafter
described.� The flap shall be so arranged that, after the inner envelope has
been sealed, the certificate can be contained, with the inner envelope, in the
outer envelope, and that the margin containing the certificate can be detached
without unsealing the inner envelope.

���� On the outside of each
envelope in which a mail-in ballot is sent to a mail-in voter by the clerk,
there shall be printed or stamped the words "Official Mail-In
Ballot."� In addition, there shall be printed or stamped the following:

���� To protect your vote:

���� IT IS AGAINST THE LAW FOR
ANYONE EXCEPT YOU THE VOTER TO OPEN, MARK, INSPECT OR SEAL THIS BALLOT.

���� However, a family member may
assist you in doing so.

���� The reverse side of each inner
envelope shall contain the following statement:

���� A PERSON MAY BE FINED AND
IMPRISONED AND MAY ALSO LOSE THE RIGHT TO VOTE UNTIL RESTORED BY LAW if that
person attempts to vote fraudulently by mail-in ballot, prevents the voting of
a legal voter, certifies falsely any information, interferes with a person's
secrecy of voting, tampers with ballots or election documents or helps another
person to do so.

(cf: P.L.2022, c.69, s.5)

���� 8.��� (New section)��� Upon
application for reimbursement by a county governing body to the Secretary of
State, and approval of the application by the State Treasurer or the Director
of the Division of Budget and Accounting in the Department of the Treasury,
reimbursement shall be made by the State to the county for the costs of
affixing proper and sufficient first-class or air-mail postage to the mail-in
ballot outer envelopes, and for any additional costs incurred by the county as
a result of the provisions of P.L.��� , c.���� (C.������� ) (pending before the
Legislature as this bill).

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

STATEMENT

���� This bill requires that the
cost of mailing a voted mail-in ballot by a voter to cast a vote during any
election be paid for by the county and reimbursed to the county by the State.

���� Under current law, a voter who
votes by mail using a mail-in ballot is required to affix the proper postage to
the outer envelope containing the inner envelope, the voted ballot, and the
required certification.� Counties are permitted under current law to supply a
postage prepaid outer envelope, but are not required to do so.� This bill would
require the county clerk to affix the proper and necessary first-class or
air-mail prepaid postage to the outer envelopes used by the voters to return
the voted mail-in ballot prior to mailing the ballots to the voters.

���� To avoid an unfunded mandate
and a challenge under Article VIII, Section II, paragraph 5 of the New Jersey
Constitution, the bill requires that these costs be reimbursed to the county by
the State upon application for reimbursement to the Secretary of State and
approval of the application by the Department of the Treasury.