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S4527
SENATE, No. 4527
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED JUNE 26, 2026
Sponsored by:
Senator� BRIAN P. STACK
District 33 (Hudson)
SYNOPSIS
���� Requires certain municipalities to offer early
voting.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
requiring certain municipalities to offer early voting
and amending P.L.2021, c.40
and P.L.1981, c.379
.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.� Section 1 of P.L.2021,
c.40 (C.19:15A-1) is amended to read as follows:
���� 1. a. In addition to all other
forms of voting provided for by this Title, a registered voter shall be
permitted to vote at a specially designated polling place before the day of
certain primary and general elections in this State. This procedure shall be
known as early voting. The early voting period shall:
���� (1)�� start on the 7th
calendar day before a non-presidential primary election for a non-presidential
general election and end on the second calendar day before that
non-presidential primary election;
���� (2)�� start on the 7th
calendar day before a presidential primary election for a presidential general
election and end on the second calendar day before that presidential primary
election;
[
or
]
���� (3)�� start on the 10th
calendar day before a general election and end on the second calendar day
before that general election
; or
����
(4) start on the 4th
calendar day before a regular municipal election held in May pursuant to the
provisions of the "Uniform Nonpartisan Elections Law," P.L.1981,
c.379 (C.40:45-5 et seq.) and end on the second calendar day before that
regular municipal election, unless the municipal governing body adopts an
ordinance to allow the early voting period to start on the eighth
calendar
day before the regular municipal election and end on the second calendar day
before that regular municipal election
.
���� The voting process during the
early voting period shall be conducted using electronic poll books and
optical-scan voting machines that read hand-marked paper ballots or other
voting machines that produce a voter-verifiable paper ballot.
[
Any
municipality conducting regular municipal elections in May pursuant to the
provisions of the "Uniform Nonpartisan Elections Law," P.L.1981,
c.379 (C.40:45-5 et seq.), may, by an ordinance adopted by its governing body,
also conduct early voting for the regular municipal election, in accordance
with the provisions of this act, P.L.2021, c.40 (C.19:15A-1 et al.). If adopted
by a municipal governing body, the early voting period for a regular municipal
election in May shall start on the 4th calendar day before the regular
municipal election and end on the second calendar day before that regular
municipal election, except that the municipal governing body may adopt an
ordinance to allow the early voting period to start on the eighth
calendar
day before the regular municipal election and end on the second calendar day
before that regular municipal election.
]
�An early voting period shall only be permitted for a non-presidential or
presidential primary election
[
and
]
,
a
general election in this State
,
and
[
,
if adopted by a municipal governing body,
]
a regular municipal election conducted in May. Pursuant to the provisions of
this act and Title 19 of the Revised Statutes and in accordance with procedures
that may be established by the Secretary of State for verifying eligible
voters, each county board of elections shall verify that a registered voter is
qualified to vote in the election and shall prescribe the manner by which a
registered voter may vote during such period.
���� b. (1) For the primary and the
general election, each county board of elections shall designate at least
three, but not more than five, public locations within each county as the sites
for early voting to occur, except that the county board shall designate at
least five, but not more than seven, public locations for early voting if the
number of registered voters in the county is at least 150,000 but less than
300,000, and shall designate at least seven, but not more than 10, public
locations for early voting if the number of registered voters in the county is
300,000 or more. This provision shall not be interpreted to prevent county
boards of elections, at their discretion, from establishing additional
locations in excess of the five, seven, or 10 location limits respectively set
forth herein; provided, however, that the State shall be required to provide
reimbursement for the costs of locations up to and including the five, seven,
or 10 respective limits established herein, and shall not be required to provide
reimbursement for additional locations beyond those limits under section 6 of
this act, P.L.2021, c.40 (C.19:15A-6).� The number of registered voters in each
county shall be determined ahead of the selection of early voting sites
pursuant to a uniform standard which shall be developed by the Secretary of
State through the rulemaking process pursuant to the "Administrative
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).� Whenever possible,
early voting locations shall be geographically located so as to ensure both
access in the part of the county that features the greatest concentration of
population, according to the most recent federal decennial census of the United
States, and access in various geographic areas of the county.� All early voting
locations shall be public facilities, such as county courthouses, public
libraries and the offices of the municipal clerk, county clerk, and county
board of elections, or places of public accommodation as provided under Title
10 of the Revised Statutes. No public school building and no building used as a
public school, as that term is defined under N.J.S.18A:1-1, shall, however, be
designated as an early voting location.� The locations shall be designated at
the same time as all other polling places are designated by the board of
elections.� In the event of a tie vote among members of the county board with
respect to the selection of sites for early voting, the county clerk shall cast
the deciding vote.� Once early voting locations are designated in each county,
county boards of election shall evaluate and, if deemed necessary, revise these
locations in order to accommodate significant changes in the number of
registered voters within each county, reflect the population distribution and
density within each county, or because of similar circumstances.� The Secretary
of State may develop the criteria to be used by county boards of election to
revise the location of early voting sites and shall prescribe how often such
revision shall take place.
���� A voter shall be permitted to
vote at any early voting site in the voter's county.
���� (2)�� Whenever a municipality
that conducts regular municipal elections in May
[
chooses to participate in
]
conducts
early voting for the regular municipal election, the county board of elections
shall designate at least one public location, but not more than three public
locations, within the municipality as the site or sites for early voting to
occur. This provision shall not be interpreted to prevent a county board of
elections, at its discretion, from establishing additional locations in excess
of the three location limit set forth herein; provided, however, that the State
shall be required to provide reimbursement for the costs of locations up to and
including the three location limit established herein, and shall not be
required to provide reimbursement for additional locations beyond that limit
under section 6 of this act, P.L.2021, c.40 (C.19:15A-6).� Whenever possible,
each such location shall be geographically located in the part of the
municipality that features the greatest concentration of population, according
to the most recent federal decennial census of the United States.� All early
voting locations shall be public facilities, such as municipal courthouses and
the offices of the municipal clerk, or places of public accommodation as
provided under Title 10 of the Revised Statutes.� No public school building and
no building used as a public school, as that term is defined under
N.J.S.18A:1-1, shall be designated as an early voting location.� The locations
shall be designated at the same time as all other polling places are designated
by the board of elections.� In the event of a tie vote among members of the county
board with respect to the selection of sites for early voting, the municipal
clerk shall cast the deciding vote.� Once early voting locations are designated
in each municipality, county boards of election shall evaluate and, if deemed
necessary, revise these locations in order to accommodate significant changes
in the number of registered voters within each municipality, reflect the
population distribution and density within each municipality, or because of
similar circumstances.� The Secretary of State may develop the criteria to be
used by county boards of election to revise the location of early voting sites
and shall prescribe how often such revision shall take place.
���� A voter shall be permitted to
vote at any early voting site in the voter's municipality.
���� c.���� Each early voting site
in a county or municipality shall be open for early voting on Monday through
Saturday from at least 10 AM to 8 PM, and on Sunday from at least 10 AM to 6
PM.� Any voter who is on line at the time scheduled for the closing of an early
voting site shall be permitted to vote.
���� d.��� The election officers
responsible for conducting early voting shall be the same as those responsible
for conducting a primary and a general election, as appropriate, pursuant to
this Title.� The number of such officers and their hours of service shall be as
determined by each county board of elections.� The compensation for such
officers shall be the same as provided to district board of election members
serving at a school election pursuant to R.S.19:45-6, or that required pursuant
to Article I, paragraph 23 of the New Jersey Constitution, whichever is
greater.
���� e.���� The restrictions
governing the conduct of voters at a polling place on the days that early
voting occurs, the procedures governing who is permitted in a polling place on
such occasions and the prohibition on electioneering within 100 feet of a
polling place during an election, or within 200 feet of a polling place during
an election if the electioneering prohibition is extended at the discretion of
a county board of elections, shall be as provided in chapters 15, 34, 50 and 52
of Title 19 of the Revised Statutes and every other applicable section of this
Title.
���� f.���� In real time using the
electronic poll books each day during the early voting period, and prior to the
start of each regularly scheduled primary and general election, and regular
municipal election in each non-partisan municipality
[
choosing to participate in early
voting
]
,
each county board shall make such changes as may be necessary to the voter's
record in the Statewide voter registration system to indicate that a voter has
voted in that election using the early voting procedure.
���� g. (1) Each county board shall
be responsible for forming and executing a written plan to ensure, to the
greatest extent possible, the integrity of the voting process and the security
of ballots used during the early voting period, including the security of
voting machines, voted ballots, and election records.� The plan shall be based
on guidelines established by the Secretary of State and shall be submitted
thereto no later than December 15 of each year.� The Secretary of State shall
review and, if deemed necessary thereby, require changes to a plan no later
than February 1 of each year.� Each plan shall specify a chain of custody and
security plan for the voting machines, and a chain of custody for the voted
ballots and election records and materials, and shall require, among other
specifications deemed necessary by the Secretary of State and county boards of
election, that all voted ballots shall be transferred at the end of each early
voting day to county boards of election for safekeeping.� After the voted
ballots are transferred to the county board of elections at the end of each
early voting day, a county board may elect to impound those voted ballots on a
secure server, or by any other means deemed appropriate by the Secretary of
State.� The voted ballots shall not be canvassed until the closing of the polls
on election day as required pursuant to section 4 of this act, P.L.2021, c.40
(C.19:15A-4). The results of the voted ballots cast during early voting 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 a violation shall be subject
to the penalties established by law.
���� (2)�� Notwithstanding the
provisions of this subsection, in the year in which P.L.2021, c.40 (C.19:15A-1
et al.) becomes law, each county board shall submit its plan to the Secretary
of State within 30 days following the effective date of this act and the Secretary
of State shall review it and, if deemed necessary thereby, require changes in
the plan within 45 days following the effective date of this act.
���� h.��� Each county board shall
make certain that each polling place used for early voting shall be accessible
to individuals with disabilities and the elderly, in compliance with the
"Americans with Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.),
and that each polling place provides such voters, including the blind and
visually impaired, the same opportunity for access and participation, including
privacy and independence, as other voters in compliance with the "Help
America Vote Act of 2002" (42 U.S.C. s.15481).
���� i.���� The Secretary of State
shall establish a printing on demand ballot and elections system.� At a
minimum, the system shall be compatible with the Statewide voter registration
system established pursuant to section 1 of P.L.2005, c.145 (C.19:31-31) and
any electronic poll books provided by section 1 of P.L.2019, c.80
(C.19:31-35).� Each polling place used for early voting shall have a computer,
tablet, or other electronic device to print provisional ballots for voters
required to vote by provisional ballot in accordance with the provisions of
Title 19 of the Revised Statutes or due to an equipment malfunction as further
provided under section 3 of P.L.2019, c.80 (C.19:31-37), or any other election
related material, if needed.� A computer, tablet, or other electronic device
and the printer used to print election materials at a polling place shall not
be used unless it has been certified by the Secretary of State.� The Secretary
of State shall adopt and publish standards and regulations governing the
certification and use of computer, tablets, or other electronic devices and
printers to print election materials at each polling place used for early
voting.� The Secretary of State shall not certify a computer, tablet, or other
electronic device or printer unless it is in compliance with the secretary's
standards.
���� j.���� Each polling place used
for early voting shall also have such appropriate supplies, ballots and other
materials deemed necessary by the Secretary of State or as is required
currently for a polling place on the day of any election by Title 19 of the
Revised Statutes.
(cf: P.L.2026, c.8, s.1)
���� 2.� Section 3 of P.L.1981,
c.379 (C.40:45-7) is amended to read as follows
���� 3.��� Except as may otherwise
be provided by law for initial elections conducted in a municipality following
its adoption of a plan or form of government, or a charter or an amendment
thereto, regular municipal elections shall be held in each municipality governed
by this act on the second Tuesday in May, or the day of the general election in
November if chosen by the municipality pursuant to subsection a. of section 1
of P.L.2009, c.196 (C.40:45-7.1), in the years in which municipal officers are
to be elected. �The municipal election shall be held at the same place or
places and conducted in the same manner, so far as possible, as the general
election.� The election officers shall be those provided for conducting the
general election.
���� A municipality holding
municipal elections on the second Tuesday in May, in addition to those
elections
[
and
by an ordinance adopted by its governing body, may
]
,� shall
also conduct
early voting for those municipal elections, in accordance with the provisions
of P.L.2021, c.40 (C.19:15A-1 et al.).� A municipality holding municipal
elections on the day of the general election in November shall conduct early
voting in accordance with the provisions of P.L.2021, c.40 (C.19:15A-1 et al.).
���� Notwithstanding the provisions
of this section, the Secretary of State may change in any year the date
provided for a regular municipal election if the date coincides with a period
of religious observance that limits significantly the usual activities of the
followers of a particular religion or that would result in significant
religious consequences for such followers.� The secretary shall inform the
municipal clerks, county clerks and boards of election of the adjustment no
later than the first working day in January of the year in which the
adjustments are to occur.
���� As used in this section
"a period of religious observance" means any day or portion thereof
on which a religious observance imposes a substantial burden on an individual's
ability to vote.
(cf: P.L.2021, c.40, s.21)
���� 3. �This act shall take effect
January 1 next following the date of enactment.
STATEMENT
���� This bill requires municipalities
that hold nonpartisan elections in May to conduct early voting.� Under current
law, a municipality that holds an election on the second Tuesday in May is
permitted, but not required, to conduct early voting for that election.�
Municipalities are required under current law to conduct early voting for
municipal elections held on the day of a general election in November.