Requires new voting machines purchased or leased for use in elections in this State to produce voter-verifiable paper record of each vote cast.

S3469

SENATE, No. 3469

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 12, 2026

Sponsored by:

Senator� JAMES BEACH

District 6 (Burlington and Camden)

Senator� LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

SYNOPSIS

���� Requires new voting machines purchased or leased for
use in elections in this State to produce voter-verifiable paper record of each
vote cast.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning the requirement for voting machines to
produce a paper record of each vote cast and amending R.S.19:48-1 and P.L.1973,
c.82.

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

���� 1.� R.S.19:48-1 is amended to
read as follows:

���� 19:48-1.� a. Any thoroughly
tested and reliable voting machines may be adopted, rented, purchased or used,
which shall be so constructed as to fulfill the following requirements:

���� (a)�� It shall secure to the
voter secrecy in the act of voting;

���� (b)�� It shall provide
facilities for such number of office columns, not less than 40 and not
exceeding 60, as the purchasing authorities may specify and of as many
political parties or organizations, not exceeding nine, as may make
nominations, and for or against as many questions, not exceeding 30, as
submitted;

���� (c)�� It shall, except at
primary elections, permit the voter to vote for all the candidates of one party
or in part for the candidates of one party or one or more parties;

���� (d)�� It shall permit the
voter to vote for as many persons for an office as he is lawfully entitled to
vote for, but no more;

���� (e)�� It shall prevent the
voter from voting for the same person more than once for the same office;

���� (f)�� It shall permit the
voter to vote for or against any question he may have the right to vote on, but
no other;

���� (g)�� It shall for use in
primary elections be so equipped that the election officials can stop a voter
from voting for all candidates except those of the voter's party;

���� (h)�� It shall correctly
register or record and accurately count all votes cast for any and all persons,
and for or against any and all questions;

���� (i)��� It shall be provided
with a "protective counter" or "protective device" whereby
any operation of the machine before or after the election will be detected;

���� (j)��� It shall be so equipped
with such protective devices as shall prevent the operation of the machine
after the polls are closed;

���� (k)�� It shall be provided
with a counter which shall show at all times during an election how many
persons have voted;

���� (l) It shall be provided with
a model, illustrating the manner of voting on the machine, suitable for the
instruction of voters;

���� (m)� It must permit a voter to
vote for any person for any office, except delegates and alternates to national
party conventions, whether or not nominated as a candidate by any party or
organization by providing an opportunity to indicate such names or name;

���� (n)�� It shall be equipped
with a permanently affixed box or container of sufficient strength, size and
security to hold all emergency ballots and pre-punched single-hole envelopes
and with a clipboard and a table-top privacy screen;

���� (o)�� It shall not use
mechanical lever machines or punch cards to record votes.

���� All voting machines used in
any election shall be provided with a screen, hood or curtain, which shall be
so made and adjusted as to conceal the voter and his action while voting.

���� It shall also be provided with
one device for each party for voting for all the presidential electors of that
party by one operation, and a ballot therefor containing only the words
"presidential electors for," preceded by the name of that party and
followed by the names of the candidates thereof for the offices of President
and Vice-President and a registering device therefor which shall register the
vote cast for such electors when thus voted collectively.

���� b.
[
(1) By January 1, 2009, each
]

Each

voting machine shall produce an individual permanent paper record for each vote
cast, which shall be made available for inspection and verification by the
voter at the time the vote is cast, and preserved for later use in any manual
audit.� In the event of a recount of the results of an election, the
voter-verified paper record shall be the official tally in that election.� A
waiver of the provisions of this
[
paragraph
]

subsection

shall be granted by the Secretary of State
[
if
the technology to produce a permanent voter-verified paper record for each vote
cast is not commercially available.

���� (2) The provisions of
paragraph (1) of this subsection shall be suspended until: (i) the Secretary of
State and the State Treasurer certify in writing that sufficient funds have
been provided by the federal government and received by the State to offset the
entire cost of ensuring that each voting machine used in this State produces an
individual permanent paper record for each vote cast; or (ii) the annual
appropriation act contains an appropriation of sufficient funds to ensure that
each voting machine used in this State produces an individual permanent paper
record for each vote cast and such appropriated funds have not been reserved by
the Governor under a spending reduction plan; or (iii) the Secretary of State
and the State Treasurer certify in writing that sufficient funds have been
provided by the federal government and received by the State, and the annual
appropriation act contains an appropriation of sufficient unreserved funds, to
ensure, when such funds are combined, that each voting machine used in this
State produces an individual paper record for each vote cast
]

for voting
machines that were in use during an election in this State prior to the
effective date of P.L.��� , c.��� (pending before the Legislature as this
bill).� The Secretary of State shall not grant any waiver of the provisions of
this subsection for any voting machines that were newly-purchased or leased
following the effective date of P.L. , c. (pending before
the Legislature as this bill)
.

(cf: P.L.2009, c.17, s.1)

���� 2.� Section 3 of P.L.1973,
c.82 (C.19:53A-3) is amended to read as follows:

���� 3.� Every electronic voting
system, consisting of a voting device in combination with automatic tabulating
equipment, acquired or used in accordance with this act, shall:

���� a.���� Provide for voting in
secrecy, except in the case of voters who have received assistance as provided
by law;

���� b.��� Permit each voter to
vote at any election for all persons and offices for whom and for which he is
lawfully entitled to vote; to vote for or against any question upon which he is
entitled to vote; and the automatic tabulating equipment shall reject choices
recorded on his ballot if the number of choices exceeds the number which he is
entitled to vote for the office or on the measure;

���� c.���� Permit each voter, at
presidential elections, by one mark to vote for the candidates of that party
for president, vice president, and their presidential electors;

���� d.��� Permit each voter, at
other than primary elections, to vote for the nominees of one or more parties
and for independent candidates; and personal choice or write-in candidates;

���� e.���� Permit each voter in
primary elections to vote for candidates in the party primary in which he is
qualified to vote, and the automatic tabulating equipment shall reject any
votes cast for candidates of another party;

���� f.���� Prevent the voter from
voting for the same person more than once for the same office;

���� g.��� Be suitably designed for
the purpose used, of durable construction, and may be used safely, efficiently,
and accurately in the conduct of elections and counting ballots;

���� h.��� When properly operated,
record correctly and count accurately every vote cast, including all overvotes
or undervotes and all affirmative votes or negative votes on all public
questions or referenda;

���� i.
[
(1) By January 1, 2009, each
]

Each

voting machine shall produce an individual permanent paper record for each vote
cast, which shall be made available for inspection and verification by the
voter at the time the vote is cast, and preserved for later use in any manual
audit.� In the event of a recount of the results of an election, the
voter-verified paper record shall be the official tally in that election.� A
waiver of the provisions of this subsection shall be granted by the Secretary
of State
[
if
the technology to produce a permanent voter-verified paper record for each vote
cast is not commercially available.

���� (2)�� The provisions of
paragraph (1) of this subsection shall be suspended until: (i) the Secretary of
State and the State Treasurer certify in writing that sufficient funds have
been provided by the federal government and received by the State to offset the
entire cost of ensuring that each voting machine used in this State produces an
individual permanent paper record for each vote cast; or (ii) the annual
appropriation act contains an appropriation of sufficient funds to ensure that
each voting machine used in this State produces an individual permanent paper
record for each vote cast and such appropriated funds have not been reserved by
the Governor under a spending reduction plan; or (iii) the Secretary of State
and the State Treasurer certify in writing that sufficient funds have been
provided by the federal government and received by the State, and the annual
appropriation act contains an appropriation of sufficient unreserved funds, to
ensure, when such funds are combined, that each voting machine used in this
State produces an individual paper record for each vote cast
]

for voting
machines that were in use during an election in this State prior to the
effective date of P.L.��� , c.��� (pending before the Legislature as this
bill).� The Secretary of State shall not grant any waiver of the provisions of
this subsection for any voting machines that were newly-purchased or leased
following the effective date of P.L. , c. (pending
before the Legislature as this bill)
.

(cf: P.L.2009, c.17, s.2)

���� 3.� This act shall take effect
on the 1st day of the third month following the date of enactment.

STATEMENT

���� Under current law, the
requirement for the purchase of new voting machines or retrofitting of existing
voting machines to produce a paper record of the votes cast has been suspended
until funding is made available from State or federal sources.� This bill would
require that new voting machines purchased or leased following the bill�s
effective date must produce a voter-verifiable paper record of each vote cast.

���� Specifically, the bill
requires that each voting machine be able to produce an individual permanent
paper record for each vote cast, which must be made available for inspection
and verification by the voter at the time the vote is cast, and preserved for
later use in any manual audit.

���� The bill also provides that
the Secretary of State may waive the voter-verifiable paper record requirement
for voting machines that were in use during an election in this State prior to
the bill�s effective date.� However, the bill prohibits the Secretary of State
from granting any such waiver for voting machines that were newly-purchased or
leased following the bill�s effective date.