Provides primary and school election sample ballots may be sent to registered voter by electronic mail if so requested.

S3529

SENATE, No. 3529

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Senator� JAMES BEACH

District 6 (Burlington and Camden)

SYNOPSIS

���� Provides primary and school election sample ballots
may be sent to registered voter by electronic mail if so requested.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning the electronic delivery of sample ballots to
registered voters
for primary and school elections,
and supplementing various parts
of the statutory law.

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

���� 1.��� Notwithstanding the
provisions of R.S.19:23-30 or any provision of chapter 23 of Title 19 of the
Revised Statutes to the contrary, the district board or the commissioner of
registration, as the case may be, shall deliver a copy of the official primary
election sample ballot of each political party, and any additional documents
that may be required to be provided therewith, by electronic mail instead of
regular mail to any registered voter of the district who is eligible to
participate in the primary election and who requests to receive the sample
ballot and documents by electronic mail. �The registered voter shall provide
the voter�s physical address on the request to receive the sample ballot and
documents by electronic mail. In the event the district board or the
commissioner of registration, as the case may be, receives a failure to deliver
notice from the electronic mail account of the voter who requested to receive a
sample ballot by electronic mail for the primary election, the district board
or the commissioner of registration, as the case may be, shall transmit a paper
copy of the sample ballot to the voter in a timely manner.� The electronic mail
address of any voter who requests to receive a sample ballot by electronic mail
pursuant to this section shall not be a government record as defined in section
1 of P.L.1995, c.23 (C.47:1A-1.1) and shall not be available for public inspection
or copying, and shall be redacted from any document that it is a part of.

���� 2.��� Notwithstanding the
provisions of R.S.19:60-10 or any provision of chapter 60 of Title 19 of the
Revised Statutes to the contrary, the district board or the commissioner of
registration, as the case may be, shall deliver a copy of the official school
election sample ballot, and any additional documents that may be required to be
provided therewith, by electronic mail instead of regular mail to any
registered voter who is eligible to participate in the school election and who
requests to receive the sample ballot and documents by electronic mail.� The
registered voter shall provide the voter�s physical address on the request to
receive the sample ballot and documents by electronic mail. In the event the
district board or the commissioner of registration, as the case may be,
receives a failure to deliver notice from the electronic mail account of the
voter who requested to receive a sample ballot by electronic mail for the
school election, the district board or the commissioner of registration, as the
case may be shall transmit a paper copy of the sample ballot to the voter in a
timely manner.� The electronic mail address of any voter who requests to
receive a sample ballot by electronic mail pursuant to this section shall not
be a government record as defined in section 1 of P.L.1995, c.23 (C.47:1A-1.1)
and shall not be available for public inspection or copying, and shall be
redacted from any document that it is a part of.

���� 3.��� The Secretary of State,
in collaboration with the election officials in this State, shall develop
standard procedures to effectuate the provisions of sections 1 and 2 of P.L.���
, c.�� , (C.��� , and C.��� , respectively) (pending before the Legislature as
this bill).� The procedures shall:

���� a.���� establish a method to
inform all voters of the opportunity to receive a sample ballot and other
materials by electronic mail, and by which a voter can notify election
officials of his or her desire to obtain a ballot and other materials by
electronic mail in lieu of receiving them by regular mail;

���� b.��� maintain the
confidentiality of the voter electronic mail addresses;

���� c.���� provide notice and
opportunity for a voter who has requested to receive a sample ballot and other
materials by electronic mail to request to again receive the sample ballot and
other materials by regular mail; and

���� d.��� address any additional
necessary measures for the proper implementation of these provisions.

���� The procedure developed
pursuant to this section shall include a notice informing the voter that by
completing a request to receive a sample ballot by electronic mail the voter is
waiving his or her right to hold the district board or the commissioner of
registration, as the case may be, legally responsible if the voter does not
receive the sample ballot by electronic mail due to technical issues that are
not under the control of the sender including, but not limited to, typographic
errors made by the voter in providing his or her address, the action of a spam
filter, deactivation of the voter�s email address by the voter, or any other
technical issue identified by the Secretary of State.

���� 4.��� This act shall take
effect immediately, but shall not apply with respect to a primary or school
election that is scheduled to occur within 30 days of the bill�s effective
date.

STATEMENT

���� This bill allows the district
board of election or the commissioner of registration, as appropriate, to send
the primary election and school election sample ballots by electronic mail
instead of regular mail to any registered voter in the election district who is
eligible to participate in that election, and who requests to receive the
sample ballot by electronic mail. Under current law, sample ballots must be
printed and mailed to each eligible registered voter. The bill further provides
that the electronic mail address of any voter who requests to receive a sample
ballot by electronic mail would not be a government record under the �Open
Public Records Act,� would not be available for public inspection or copying,
and must be redacted from any document that it is a part of.

���� The bill provides that the
registered voter shall provide the voter�s physical address on the request to
receive the sample ballot and documents by electronic mail. In the event the
district board or the commissioner of registration, as the case may be, receives
a failure to deliver notice from the electronic mail account of the voter who
requested to receive a sample ballot by electronic mail for the primary
election, the district board or the commissioner of registration, as the case
may be, shall transmit a paper copy of the sample ballot to the voter in a
timely manner.

���� The bill directs the Secretary
of State, in collaboration with the election officials in this State, to
develop standard procedures to effectuate the provisions of the bill. These
procedures would include, but may not be limited to: (1) establishing a method
to inform all voters of the opportunity to receive a sample ballot and other
materials by electronic mail, and by which a voter can notify election
officials of his or her desire to obtain a ballot and other materials by
electronic mail in lieu of receiving them by regular mail; (2) maintaining the
confidentiality of the voter electronic mail addresses; and (3) providing
notice and opportunity for a voter who has requested to receive a sample ballot
and other materials by electronic mail to request to again receive the sample
ballot and other materials by regular mail.

���� The bill also provides that
the standard procedures shall include a notice informing the voter that by
completing a request to receive a sample ballot by electronic mail the voter is
waiving his or her right to hold the district board or the commissioner of
registration, as the case may be, legally responsible if the voter does not
receive the sample ballot by electronic mail due to technical issues that are
not under the control of the sender including, but not limited to, typographic
errors made by the voter in providing his or her address, the action of a spam
filter, deactivation of the voter�s email address by the voter, or any other
technical issue identified by the Secretary of State.