Sponsored by:
Senator STEVEN V. OROHO
District 24 (Morris, Sussex and Warren)
Co-Sponsored by:
Senators Pennacchio, A.M.Bucco, Brown, Corrado, Thompson, Singer and Testa
SYNOPSIS
Prohibits mail-in ballot outer envelope from containing political affiliation or designation visible to public.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning political affiliation or designation on mail-in ballot outer envelopes and amending P.L.2005, c.148 and P.L.2009, c.79.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2005, c.148 (C.19:62-2) is amended to read as follows:
2. If an election by mail is authorized pursuant to section 1 of this act, P.L.2005, c.148 (C.19:62-1), the county clerk shall:
a. publish, in advance of the election and pursuant to rules and regulations promulgated by the Secretary of State, official notice that the election shall be conducted by mail together with such other information regarding the conduct of the election as shall be deemed necessary by the Secretary of State;
b. mail a ballot, including an outer envelope and an inner envelope substantially similar to the envelopes provided for mail-in ballots pursuant to sections 12 and 13 of P.L.2009, c.79 (C.19:63-12 and C.19:63-13), not sooner than the 20th day prior to the day of the election nor later than the 14th day prior to the day of the election, to each person registered to vote in the municipality at that election, ensuring that the outer envelope and the envelope that is used to mail the blank ballot, outer envelope, and inner envelope to each voter shall not contain any political affiliation or designation visible to the public on the envelope s exterior;
c. designate the county clerk's office or the municipal clerk's office as the places to obtain a replacement ballot pursuant to section 5 of P.L.2005, c.148 (C.19:62-5);
d. designate, after consultation with the county board of elections and pursuant to criteria established by the Secretary of State, places within the county or municipality that shall be available for the deposit of voted ballots for the election;
e. make a provisional ballot available at the office of the county clerk and the office of the municipal clerk so that each person who has been a resident of the county or municipality in which the person seeks to register and vote at least 21 days prior to the day of the election and has moved to a location within the municipality after that 21st day and prior to the day of the election may vote;
f. suspend distribution to each registered voter in the municipality of samples of the official ballot of any election, but distribute to each registered voter in the municipality with each ballot a copy of the voter information notice provided for in section 1 of P.L.2005, c.149 (C.19:12-7.1) as modified and supplemented by the Secretary of State as deemed appropriate for use in municipalities conducting elections by mail, and such instruction about the completion of the ballot as deemed necessary by the Secretary of State;
g. make certain that all qualified voters in the municipality requesting a mail-in ballot between the 45th day and the 21st day prior to the day of an election receive such ballot after the 20th day prior to the day of an election and voters requesting a ballot on or before the seventh day prior to the date of the election shall receive a ballot authorized pursuant to this section; and
h. establish, after consultation with the county board of elections and in accordance with rules and regulations adopted by the Secretary of State, the time by which all ballots must be received by the board on the day of an election to be considered valid and counted.
(cf: P.L.2011, c.37, s.29)
2. Section 7 of P.L.2005, c.148 (C.19:62-7) is amended to read as follows:
7. For a primary election for the general election:
a. the county clerk shall mail the ballot of a political party to each voter in the municipality who is registered as being affiliated with the political party as of the 21st day before the day of the primary election; and
b. a voter who is not affiliated with any political party who wishes to vote in the primary of a political party shall apply to the county clerk or municipal clerk in writing for the ballot of the political party in whose primary the voter wishes to vote, or designate a political party affiliation for the first time by whatever means permitted by law, and the application or designation shall be presented to the clerk through the day of the election.
c. The county clerk shall ensure that the outer envelope and the envelope that is used to mail the blank ballot, outer envelope, and inner envelope to each voter shall not contain any political affiliation or designation visible to the public on the envelope s exterior.
(cf: P.L.2005, c.148, s.7)
3. Section 7 of P.L.2009, c.79 (C.19:63-7) is amended to read as follows:
7. a. Each county clerk shall have printed sufficient mail-in ballots for each primary election for the general election, and for the general election. Along with such ballots the clerk shall also furnish inner and outer envelopes and printed directions for the preparation and transmitting of such ballots used in the election in the county. Each county clerk shall ensure that the outer envelope and the envelope that is used to mail the blank ballot, outer envelope, and inner envelope to each voter shall not contain any political affiliation or designation visible to the public on the envelope s exterior.
b. The mail-in ballots shall be printed on paper of a different color from that used for any primary or general election ballot, but in all other respects, shall be as nearly as possible facsimiles of the election ballot to be voted at the election.
(cf: P.L.2011, c.134, s.51)
4. Section 12 of P.L.2009, c.79 (C.19:63-12) is amended to read as follows:
12. Each county clerk shall send, with each mail-in ballot, printed directions for the preparation and transmitting of the ballots as required by this act. The directions shall be printed in such manner and form as the Secretary of State shall require, together with two envelopes of such sizes that one will contain the other. The directions prepared by the Secretary of State shall inform the voter that the status of the voter's mail-in ballot may be checked using the free-access system provided in section 5 of P.L.2004, c.88 (C.19:61-5). Each county clerk shall ensure that the outer envelope and the envelope that is used to mail the blank ballot, outer envelope, and inner envelope to each voter shall not contain any political affiliation or designation visible to the public on the envelope s exterior.
The outer envelope shall be addressed to the county board of elections of the county in which is located the home address of the person to whom the mail-in ballot is sent, as certified by the county clerk. At the discretion of the county clerk, the outer envelope may be a postage paid return envelope. On the outside and front of each outer envelope, there shall be printed or stamped the following:
To protect your vote:
IT IS AGAINST THE LAW FOR ANYONE EXCEPT YOU THE VOTER TO MAIL OR TRANSPORT T