Sponsored by:
Senator PARKER SPACE
District 24 (Morris, Sussex and Warren)
SYNOPSIS
Requires certain documentation as proof of voter identity to vote; updates procedures for challenging voters regarding proof of identity.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning verification of voter identity through certain documentation to vote, 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.19:15-17 is amended to read as follows:
19:15-17. a. (1) The comparison of signatures of a voter made upon registration and upon election day, and if the voter alleges his inability to write, the comparison of the answers made by such voter upon registration and upon election day, shall [be had] occur in full view of the challengers.
(2) The examination of any document concerning proof of identification of a voter, set forth in subsection b. of this section, made upon election day shall occur in full view of the challengers.
b. (1) If a voter has registered by mail after January 1, 2003 to vote for the first time in his or her current county of residence and did not provide personal identification when registering pursuant to section 16 of P.L.1974, c.30 (C.19:31-6.4), the voter shall be permitted to vote starting at the first election held after January 1, 2004 at which candidates are seeking federal office after displaying one of the following items: [(1)] a current and valid photo identification card; [(2)] a current utility bill, bank statement, government check or pay check; [(3)] any other government document that shows the voter's name and current address; or [(4)] any other identifying document that the [Attorney General] Secretary of State has determined to be acceptable for this purpose.
(2) In addition to the display of documentation as may be required by paragraph (1) of this subsection, beginning with the first election held after January 1, 2025, regardless of when the voter registered and the method of registration, the voter shall be permitted to vote, unless otherwise exempt pursuant to this subsection, only by displaying a document as valid proof of identification, which may be a New Jersey drivers license, New Jersey nondrivers identification card, or other document, that includes all of the following criteria:
(a) the name of the voter to whom the document was issued, and which conforms to the name under which the voter is registered and from whom the signature is produced for making comparisons of signatures;
(b) a photograph of the voter to whom the document was issued;
(c) an expiration date that has either not expired, or expired only after the date of the most recent election; and
(d) was issued by the federal government or this State.
A voter shall be required to display only one document with respect to paragraphs (1) and (2) of this subsection, if that document satisfies the identifying document criteria set forth in both paragraphs.
(3) If the voter does not display [one of these documents,] a document in accordance with paragraph (1) or (2) of this subsection, or the validity of a document is subject to challenge after examination, the voter shall not be permitted to vote by machine but shall instead be provided with a provisional ballot, pursuant to the provisions of P.L.1999, c.232 (C.19:53C-1 et seq.); except that, a voter who does not display a document in accordance with paragraph (2) of this subsection due to a religious objection to being photographed shall be permitted to vote by machine if the voter establishes an exemption due to a religious objection by executing a sworn affidavit as to the religious objection.
This subsection shall not apply to any voter entitled to vote by absentee ballot under the "Uniformed and Overseas Citizens Absentee Voting Act" (42 U.S.C. 1973ff-1 et seq) or to any voter who is provided the right to vote other than in person under section 3 of Pub.L.98-435 (42 U.S.C. s.1973ee-1), the "Voting Accessibility for the Elderly and Handicapped Act," or any other voter entitled to vote otherwise than in person under any other federal law. [This subsection shall also not apply to any person who registers to vote by appearing in person at any voter registration agency or to any person whose voter registration form is delivered to the county commissioner of registration or to the Attorney General, as the case may be, through a third party by means other than by mail delivery.]
c. Each county commissioner of registration shall collect and maintain, in the manner prescribed by the [Attorney General] Secretary of State, the information provided pursuant to subsection b. of this section and section 16 of P.L.1974, c.30 (C.19:31-6.4). Access to the personal identification information provided pursuant to subsection b. of this section and section 16 of P.L.1974, c.30 (C.19:31-6.4) [.] shall be prohibited, in accordance with subsection a. of section 6 of P.L.2001, c.404 (C.47:1A-5).
(cf: P.L.2004, c.88, s.9)
2. R.S.19:7-5 is amended to read as follows:
19:7-5. Such challengers shall be the authorized challengers for their respective political parties and candidates or for the proponents or opponents of a public question. They shall have the power to challenge the right to vote therein of any person claiming such right and shall have power to examine any document presented concerning proof of identification of that person and to ask all necessary questions to determine this right. They may be present while the votes cast at any election are being counted, hear and see the ballots counted and shall have the right and power to challenge the counting or rejecting of any ballot or any part of a ballot. They shall be entitled to ask the members of the district boards of election at each polling place, no more than every two hours, for the official count of how many voters have voted at each precinct, and the district boards of election shall provide this information as the notice required pursuant to section 1 of P.L.2018, c.110 (C.19:52-3.1).
(cf: P.L.2018, c.110, s.2)
3. R.S.19:15-18 is amended to read as follows:
19:15-18. The members of the district boards and any duly authorized challenger, respectively, shall at any election challenge every person who shall claim to have a right to vote therein whom they or he shall know, suspect or believe not to be qualified or entitled to so vote, and said members of the district board or challenger shall have the power and right to examine any document concerning proof of identification of that person and to ask all questions which are suitable and necessary to determine such person's right.
No member of the district board and no duly authorized challenger shall, however, challenge, delay or prevent the right to vote of any person because of that person's race, color, national origin, expected manner of casting a vote or residence in a particular ward, housing complex or section of a municipality or county, provided that nothing herein shall be construed to prohibit a challenge based upon the failure of the challenged voter to meet the applicable statutory residency qualification for voting in the particular election district. Any