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S3508
SENATE, No. 3508
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 12, 2026
Sponsored by:
Senator� ANTHONY M. BUCCO
District 25 (Morris and Passaic)
Senator� KRISTIN M. CORRADO
District 40 (Bergen, Essex and Passaic)
SYNOPSIS
���� Requires county boards of election to have bipartisan
representation when opening and canvassing mail-in ballots; requires secure
storage of mail-in ballots; upgrades penalties for certain election-related
crimes.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning the storage, handling, and canvassing of
mail-in ballots 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.19:34-11 is amended
to read as follows:
���� 19:34-11. Every person not
entitled to vote who fraudulently votes, and every person who votes more than
once at any one election; or knowingly hands in two or more ballots folded
together; or changes any ballot after it has been deposited in the ballot box;
or adds, or attempts to add, any ballot to those legally polled at any
election, either by fraudulently introducing the same into the ballot box
before or after the ballots therein have been counted;
or accesses or
attempts to access the area where mail-in ballots are securely stored without
the presence of the appropriate election officials representing each of the
political parties having membership on the respective county board of
elections;
or adds to or mixes with, or attempts to add to or mix with, the
ballots lawfully polled, other ballots while the same are being counted or
canvassed, or at any other time, with intent to change the result of such
election; or carries away or destroys, or attempts to carry away or destroy,
any poll list, or ballots, or ballot box, for the purpose of breaking up or
invalidating the election; or willfully detains, mutilates or destroys any
election returns; or in any manner so interferes with the officers holding the
election, or conducting the canvass, or with the voters lawfully exercising
their rights of voting at the election, as to prevent the election or canvass
from being fairly had and lawfully conducted, shall be guilty of a crime of the
[
third
]
second
degree.
(cf: P.L.2005, c.154, s.30)
���� 2.��� Section 23 of P.L.1964,
c.134 (C.19:58-23) is amended to read as follows:
���� 23.� The county board of
elections shall, promptly after receiving each Presidential ballot, in
a
bipartisan manner reflecting the political parties having membership on the
board,
remove the inner envelope, containing the ballot, from the outer
envelope and shall compare the signature and the information contained on the
flap of the inner envelope with the signature and information contained in the
application for the ballot together with the affidavit of residence, if any,
accompanying the same. The county board shall reject any such ballot unless the
board is satisfied as a result of such comparison and any other source of
information available that the voter is legally entitled to vote such a ballot
and that the ballot conforms with the requirements of this act. Disputes as to
the qualifications of voters to vote Presidential ballots or as to whether or
not or how such Presidential ballots shall be counted in such election shall be
referred to the Superior Court of the county for determination.�
���� After such investigation the
county board of elections shall
, in a bipartisan manner reflecting the
political parties having membership on the board,
detach or separate the
certificate from the inner envelope containing the Presidential ballots, unless
it has been rejected by it or by the Superior Court, marking the envelope so as
to identify the election district in which the ballot contained therein is to
be voted as indicated by the voter's present or former address in this State on
the certificate attached to or accompanying said inner envelope.�
(cf: P.L.1991, c.91, s.262)
���� 3.��� Section 17 of P.L.2009,
c.79 (C.19:63-17) is amended to read as follows:
���� 17. a. The county board of
elections shall, promptly after receiving each mail-in ballot,
in a
bipartisan manner reflecting the political parties having membership on the
board,
remove the inner envelope containing the ballot from the outer
envelope and shall compare the signature and the information contained on the
flap of the inner envelope with the signature and information contained in the
respective requests for mail-in ballots and the signature and information
contained in the Statewide voter registration system.� In addition, as to
mail-in ballots issued less than seven days prior to an election, the county
board of elections shall also check to establish that the mail-in voter did not
vote in person.� The county board shall reject such a ballot
by a unanimous
vote
if it is not satisfied, pursuant to a comparison with the Statewide
voter registration system, that the voter is legally entitled to vote and that
the ballot conforms with the requirements of this act.� The county board of
elections shall conduct the determination of qualification of each voter in
accordance with the requirements of the Certificate of Mail-in Voter pursuant
to section 13 of P.L.2009, c.79 (C.19:63-13).
���� In the case of a mail-in
ballot to be voted at a primary election for the general election, the ballot
shall be rejected if the mail-in voter has indicated in the certificate the
voter's intention to vote in a primary election of any political party in which
the voter is not entitled to vote according to the Statewide voter registration
system, and if it shall appear from the record that the voter is not entitled
to vote in a primary election of the political party which has been so
indicated.
���� Any mail-in ballot which is
received by a county board of elections shall be rejected if the inner envelope
is unsealed or if either the inner or outer envelope has a seal that has been
tampered with.� Mail-in ballots shall not be rejected due to any defect arising
out of or relating to the preparation or mailing of the ballot or envelope that
was not reasonably caused by the voters, such as a torn envelope and missing or
insufficient glue to allow the ballot to be sealed.
���� Disputes about the
qualifications of a mail-in voter to vote or about whether or not or how any
mail-in ballot shall be counted in such election shall be referred to the
Superior Court for determination, as provided under section 4 of P.L.2020, c.70
(C.19:63-17.1).
���� After such investigation, the
county board of elections shall
, in a bipartisan manner reflecting the
political parties having membership on the board,
detach or separate the
certificate from the inner envelope containing the mail-in ballot, unless it
has been rejected by it or by the Superior Court, marking the envelope so as to
identify the election district in which the ballot contained therein is to be
voted as indicated by the voter's home address appearing on the certificate
attached to or accompanying the inner envelope and, in the case of ballots to
be voted at a primary election for a general election, so as to identify the
political party in the primary election of which it is to be voted.
���� The location at which a county
board of elections determines whether a mail-in ballot shall be accepted or
rejected shall be considered an election district for the purposes of
appointment of challengers.
���� b.��� The county board of
elections shall, promptly after receiving each mail-in ballot, undertake the
following procedures and requirements concerning the acceptance or rejection of
each mail-in ballot:
���� (1) within 24 hours after the
decision has been made to reject a voter's mail-in or provisional ballot on the
basis of a missing signature or discrepant signature, issue a "Cure
Letter" by mail or email to the voter whose ballot was rejected, which
shall inform the voter of that fact and provide the reasoning for rejection,
and attempt to contact the voter by telephone, if a telephone number is
available.� The cure letter shall include a "Cure Form" and the form
shall include the voter's name and instruct the voter on how to cure the
alleged or actual deficiency.� Cure forms shall not be referred to as
affidavits or certifications and shall not be required to be sworn;
���� (2) when the alleged or actual
deficiency involves the signature of the voter, instruct the voter that they
may cure the deficiency by completing the cure form and returning it to the
county board of elections in person, by fax, or by email, not later than 48
hours prior to the final certification of the results of the election other
than the general election, or in the case of a general election within 11 days
after the general election, or by returning it to the county board of elections
by mail, and that the completed cure form must be received by the county board
of elections not later than 48 hours prior to the final certification of the
results of the election other than the general election, or in the case of a
general election within 11 days after the general election;
���� (3) include, with the cure
letter, when sent by mail, a pre-printed cure form and a postage-paid return
envelope addressed to the county board of elections which the voter may use to
return the cure form; and
���� (4) inform voters that they
shall not be required to submit any form of hard-copy identification document
or copy thereof in order to cure a signature deficiency, but may do so by
declaring that they submitted their provisional ballot or mail-in ballot, and
verifying their identity by either: (a) providing a valid New Jersey driver's
license number or Motor Vehicle Commission non-driver identification number; or
(b) if the voter does not have a valid New Jersey driver's license number or
Motor Vehicle Commission non-driver identification number, then by providing
the last four digits of their Social Security Number; or (c) if the voter does
not have the identification in (a) or (b), then attaching a legible copy of a
New Jersey State-accepted form of identification, including either a sample
ballot which lists the voter's name and address, an official federal, State,
county, or municipal document which lists the voter's name and address, or a
utility bill, telephone bill, or tax or rent receipt which lists the voter's
name and address; and (d) signing and dating the cure form prior to returning
it.
���� c.���� If a voter returns a
completed cure form in a timely manner and the information provided verifies
the voter's identity, pursuant to this section, their otherwise valid mail-in
or provisional ballot shall be counted in the final election results irrespective
of any signature deficiency previously identified and, under those
circumstances, the cure form may not be verified or authenticated using
signature matching.
���� d.��� In accordance with this
section, variations in voter signatures caused by the substitution of initials
for the first name, middle name, or both, shall not be grounds for the county
board of elections to determine that the signatures are non-conforming or do
not match.
���� e.���� In cases of rejected
ballots, the county board of elections shall retain the voter's outer envelope,
inner envelope, self-certification certificate, and mail-in ballot in a bundle
unique to each voter for a period of two years in accordance with section 24 of
P.L.2009, c.79 (C.19:63-24).
���� f.���� County boards of
elections shall be required to meet at least once each week during the
three-week period preceding each election to conduct the ballot processing and
curing provisions specified in this section, and shall meet more frequently as
may be required by the Secretary of State to ensure the timely processing of
ballots.
���� The Secretary of State shall
prepare educational materials regarding this section that all employed county
boards of elections employees handling ballots shall read and have available
for review.� The materials shall provide clear information regarding the
standards for acceptance and rejection of mail-in ballots and the safe-keeping
of all materials in the case of rejection.� The materials shall serve an
educational purpose for the county board of elections and shall not replace,
supersede, or void the authority of the county board or a judge of the Superior
Court to accept or reject a mail-in ballot.
(cf: P.L.2023, c.124, s.16)
���� 4.��� Section 22 of P.L.2009,
c.79 (C.19:63-22) is amended to read as follows:
���� 22. a. On the day of each
election, or as provided under subsection b. of this section, each county board
of elections shall
, in a bipartisan manner reflecting the political parties
having membership on the board,
open in the presence of the commissioner of
registration, or the designee thereof, the inner envelopes that contain the
mail-in ballots with the votes cast for the election.� The inner envelopes
containing the ballots that the board or the Superior Court has rejected shall
not be so opened, but shall be retained as provided for by this act.� The board
shall then proceed to canvass the votes cast on the mail-in ballots, but no
such ballot shall be counted in any primary election for the general election
if the ballot of the political party marked for voting thereon differs from the
designation of the political party in the primary election of which such ballot
is intended to be voted as marked on the envelope by the county board of
elections.
���� Every mail-in ballot that
bears a postmark date before or of the day of the election and that is received
by the county board within 144 hours after the time of the closing of the polls
for the election that the ballot was prepared shall be considered valid and
shall be canvassed.� Every mail-in ballot that does not bear a postmark date
but that is received by the county board by delivery of the United States
Postal Service before
[
,
or within 48 hours after,
]
the time of the closing of the polls for the election for which the ballot was
prepared shall be considered valid and shall be canvassed.
���� b.��� A county board of
elections
[
may
]
shall, in
a bipartisan manner reflecting the political parties having membership on the
board,
begin opening the inner envelopes for each mail-in ballot and
canvassing each mail-in ballot from the inner envelope
[
no earlier
than
]
five days prior to the day of the election.� The Secretary of State shall
establish guidelines concerning the early canvassing process.�
[
If
]
When
a
county board of elections begins opening the inner envelopes and canvassing the
mail-in ballots from the inner envelopes prior to the day of the election, the
county board shall implement the measures necessary to ensure the security and
secrecy of the mail-in ballots.�
Such measures shall, at a minimum, ensure
that mail-in ballots shall be stored in a secure area that includes at least
one of the following security measures: (1) a lock that requires one key from an
authorized election official from each political party having membership on the
respective county board of elections to open; (2) video surveillance of the
storage area entrance; or (3) a paper or electronic log of individuals who
accessed the storage area.
���� The contents of the mail-in
ballots and the results of the ballot canvassing shall remain confidential and
shall be disclosed only in accordance with the provisions of Title 19 of the
Revised Statutes, regulations and guidelines concerning the disclosure of
election results, and in no circumstances disclosed prior to the close of polls
on the day of the election.� In addition to the guidelines concerning the early
canvassing process, the Secretary of State shall promulgate regulations to
ensure that
[
any
]
every
county board of elections
[
that
begins
]
opening the inner envelopes and canvassing the mail-in ballots from the inner
envelopes prior to the closing of the polls on election day shall do so in a
manner that prevents any person, including any person who is authorized to
receive and canvass completed mail-in ballots, from obtaining knowledge of the
unofficial results of ballots cast for any candidate for public office or any
public question submitted to the voters until after the closing of the polls on
election day.� No tally or tabulation of results shall occur prior to the
opening of polls on election day.� As provided under R.S.19:34-13, any person
who is authorized to receive and canvass completed mail-in-ballots who
knowingly discloses to the public the contents of a mail-in ballot prior to the
time designated by law for the closing of the polls for each election shall be
guilty of a crime of the third degree.
���� c.���� Immediately after the
canvass is completed, the respective county boards of election shall certify
the result of the canvass to the county clerk or the municipal or district
clerk or other appropriate officer, as the case may be, showing the result of
the canvass by municipality and ward.� The votes thus canvassed shall be
counted in determining the result of the election.
���� The county board of elections
shall, immediately after the canvass is completed for any primary election,
certify the results of the votes cast for members of the county committees to
the respective municipal clerks, and those votes shall be counted in determining
the result of the election.
���� Each mail-in ballot cast,
canvassed, and tallied in an election under this section, excluding a fire
district election, shall be reported in the results for the election district
in which the voter resides.� Whenever the reporting requirement of this subsection
would cause a voter's privacy to be violated, the election results shall be
reported in a manner that maintains the privacy of the vote.
(cf: P.L.2022, c.70, s.7)
���� 5.��� This act shall take
effect immediately.
STATEMENT
���� This bill requires that, when
opening and canvassing mail-in ballots, representatives from each political
party that has membership on the respective county board of elections be
present. Under current law, the political parties with membership on the county
boards of elections are the Republican and Democratic parties.
���� Under current law, a quorum of
the county board of elections, which includes an equal number of members from
the two political parties that received the highest number of votes at the last
election for members of the General Assembly, must be present during the
opening and canvassing of mail-in ballots.
���� The bill also makes it
mandatory that county boards of elections begin opening mail-in ballots to
prepare for canvassing five days prior to the election.� Under current law,
county boards of elections are allowed to begin this process up to five days
before the election, but not required.
���� The bill requires that county
boards of elections adopt certain minimum security standards to safeguard
mail-in ballots between the time the ballots are opened and the time the
ballots are canvassed.� Specifically, the county boards must ensure that the
mail-in ballots are stored in a secure area that includes at least one of the
following security measures: (1) a lock that requires one key from an
authorized election official from each political party having membership on the
respective county board of elections to open; (2) video surveillance of the
storage area entrance; or (3) a paper or electronic log of individuals who
accessed the storage area.
���� The bill also makes it a crime
of the second degree to access, or attempt to access, the secure area in which
mail-in ballots are stored without the presence of the appropriate election
officials representing each of the political parties having membership on the
respective county board of elections.� A crime of the second degree is
punishable by imprisonment for five to 10 years, a fine of up to $150,000, or
both.
���� Finally, the bill upgrades
certain existing election-related crimes from a crime of the third degree to a
crime of the second degree.� These crimes include: voting twice, changing a
ballot after it has been deposited into a ballot drop box, adding or attempting
to add ballots to those legally polled with the intent to change the results of
the election, destroying or attempting to destroy ballots, poll lists, or
ballot boxes, or otherwise interferes with the officers holding the election or
conducting the canvass.� A crime of the third degree is punishable by
imprisonment for three to five years, a fine of up to $15,000, or both.