ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 3448

STATE OF NEW JERSEY

213th LEGISLATURE

  ADOPTED NOVEMBER 30, 2009

 


 

Sponsored by:

Assemblyman  REED GUSCIORA

District 15 (Mercer)

Assemblyman  WAYNE P. DEANGELO

District 14 (Mercer and Middlesex)

Assemblywoman  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

Assemblywoman  ELEASE EVANS

District 35 (Bergen and Passaic)

 

Co-Sponsored by:

Assemblyman Conaway, Senators Turner, Beach and Scutari

 

 

 

 

SYNOPSIS

     Permits adding e-mail address to voter registration applications.

 

CURRENT VERSION OF TEXT

     Substitute as adopted by the Assembly State Government Committee.

  

 

 

 


An Act concerning voter registration applications, and amending P.L.1974, c.30 and P.L.2005, c.145.

 

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

 

     1.    Section 16 of P.L.1974, c.30 (C.19:31-6.4) is amended to read as follows:

     16.  a. The [Attorney General] Secretary of State shall cause to be prepared and shall provide to each county commissioner of registration forms of size and weight suitable for mailing, which shall require the information required by R.S.19:31-3 in substantially the following form:

 

VOTER REGISTRATION APPLICATION

 

     Print clearly in ink. Use ballpoint pen or marker.

 

     (1)   This form is being used as (check one):

 

     []New registration

 

     []Address change

 

     []Name change

 

     (2)   Name:.....................................................

 

                  Last              First                 Middle

 

     (3)   Are you a citizen of the United States of America?[]Yes[]No

     (4)   Will you be 18 years of age on or before election day?[]Yes[] No

     If you checked 'No' in response to either of these questions, do not   complete this form.

 

     (5)   Street Address where you live:

 

.........................................................

 

     Street Address                   Apt. No.

 

.........................................................

     (6)   City or Town  County Zip Code

     (7)   Address Where You Receive Your Mail (if different from above):

 

     ............................................................

 

     (8)   Date of Birth:

 

     ......................................................

 

        Month         Day           Year

 

     (9)   (a)  Telephone Number (optional)......................

            (b)  E-Mail Address (optional)…………………

 

     (10) Name and address of Your Last Voter Registration

 

     ............................................................

 

     ............................................................

 

     ............................................................

 

     (11) If you are registering by mail to vote and will be voting for the first time in your current county of residence, please provide one of the following:

     (a)   your New Jersey driver's license number:................................

     (b)   the last four digits of your Social Security Number....................

     OR submit with this form a copy of any one of the following documents: a current and valid photo identification card; a current utility bill, bank statement, government check, pay check or any other government or other identifying document that shows your name and current address.  If you do not provide either your New Jersey driver's license number or the last four digits of your Social Security Number, or enclose a copy of one of the documents listed above, you will be asked for identification when voting for the first time, unless you are exempt from doing so under federal or State law.

     (12) Do you wish to declare a political party affiliation? (Optional):

            [] YES.  Name of Party:

            []  NO.  I do not wish to declare a political party affiliation at this time.

     (13) Declaration - I swear or affirm that:

 

     I am a U.S. citizen.

     I live at the above address.

 

     I will be at least 18 years old on or before the day of the next election.

 

     I am not on parole, probation or serving a sentence due to a conviction for an indictable offense under any federal or State laws.

 

     I UNDERSTAND THAT ANY FALSE OR FRAUDULENT REGISTRATION MAY SUBJECT ME TO A FINE OF UP TO $15,000, IMPRISONMENT UP TO FIVE YEARS, OR BOTH PURSUANT TO R.S.19:34-1.

 

     ...........................................................

 

     Signature or mark of the registrant           Date

 

     (14) If applicant is unable to complete this form, print the name and address of individual who completed this form.

 

...................................................

 

            Name

 

...................................................

 

            Address

     In addition, the form may include notice to the applicant of information and options relating to the registration and voting process, including but not limited to notice of qualifications required of a registered voter; notice of the final day by which a person must be registered to be eligible to vote in an election; notice of the effect of a failure to provide required identification information; a place at which the applicant may indicate availability for service as a member of the district board of elections; a place at which the applicant may indicate whether he or she requires a polling place which is accessible to individuals with disabilities and the elderly or whether he or she is legally blind; a place at which the applicant may indicate a desire to receive information concerning absentee voting; and if  the application indicates a political party affiliation, the voter is permitted to vote in the primary election of a political party other than the political party in which the voter was affiliated previously only if the voter registration form with the change of political party affiliation is filed prior to the 50th day next preceding the primary election.  The form may also include a space for the voter registration agency to record whether the applicant registered in person, by mail or by other means.

     b.    The reverse side of the registration form shall bear the address of the [Attorney General] Secretary of State or the commissioner of registration to whom such form is supplied, and a United States postal permit the charges upon which shall be paid by the State.

     c.     The [Attorney General] Secretary of State shall cause to be prepared registration forms of the size, weight and form described in subsection a. of this section in both the English and Spanish language and shall provide such forms to each commissioner of registration of any county in which there is at least one election district in which bilingual sample ballots must be provided pursuant to R.S.19:14-21, R.S.19:49-4 or section 2 of P.L.1965, c.29 (C.19:23-22.4).

     d.    The commissioner of registration shall furnish such registration forms upon request in person to any person or organization in such reasonable quantities as such person or organization shall request.  The commissioner shall furnish no fewer than two such forms to any person upon request by mail or by telephone.

     e.     Each such registration form shall have annexed thereto instructions specifying the manner and method of registration and stating the qualifications for an eligible voter.

     f.     The [Attorney General] Secretary of State shall also furnish such registration forms and such instructions to the Director of the Division of Worker's Compensation, the Director of the Division of Employment Services, and the Director of the Division of Unemployment and Temporary Disability Insurance in the Department of Labor and Workforce Development; to the Director of the Division of Taxation in the Department of the Treasury; to the Executive Director of the New Jersey Transit Corporation; to the appropriate administrative officer of any other public agency, as defined by subsection a. of section 15 of P.L.1974, c.30 (C.19:31-6.3); to the Adjutant General of the Department of Military and Veterans' Affairs; and to the chief administrative officer of any voter registration agency, as defined in subsection a. of section 26 of P.L.1994, c.182 (C.19:31-6.11).

     g.     All registration forms received by the [Attorney General] Secretary of State in the mail or forwarded to the [Attorney General] Secretary of State shall be forwarded to the commissioner of registration in the county of the registrant.

     h.     An application to register to vote received from the New Jersey Motor Vehicle Commission or a voter registration agency, as defined in subsection a. of section 26 of P.L.1994, c.182 (C.19:31-6.11), shall be deemed to have been timely made for the purpose of qualifying an eligible applicant as registered to vote in an election if the date on which the commission or agency shall have received that document in completed form, as indicated in the lower right hand corner of the form, was not later than the 21st day preceding that election.

     i.      Each commissioner of registration shall make note in the permanent registration file of each voter who is required to provide the personal identification information required pursuant to this section, as amended, and R.S.19:15-17, R.S.19:31-5 and Pub.L.107-252 (42 U.S.C.s. 15301 et seq.), to indicate the type of identification provided by the voter and the date on which it is provided.  Prior to the June 2004 primary election, when such a newly registered voter seeks to vote for the first time following his or her registration, the voter will be required to provide such personal identification information.  Beginning with the June 2004 primary election, when such a newly registered voter seeks to vote for the first time following his or her registration, the voter will not be required to provide such information if he or she had previously provided the personal identification information required pursuant to this section.  The required information shall be collected and stored for the time and in the manner required pursuant to regulations promulgated by the [Attorney General] Secretary of State.

     j.     The [Attorney General] Secretary of State shall amend the voter registration application form if necessary to conform to the requirements of applicable federal or State law.

     k.    In the event that the name of any political party entered on the voter registration form by a voter who wishes to declare a political party affiliation is not legible, the commissioner of registration shall mail the voter a political party declaration form and a letter explaining that the voter's choice was not understood and that the voter should complete and return the declaration form in order to be affiliated with a party.

(cf:  P.L.2005, c.154, s.8)

 

     2.    Section 1 of P.L.2005, c.145 (C.19:31-31) is amended to read as follows:

     1.  a. There shall be established in the Department of State a single Statewide voter registration system, as required pursuant to section 303 of the federal "Help America Vote Act of 2002," Pub.L.107-252 (42 U.S.C. s.15483).  The principal computer components of the system shall be under the direct control of the Secretary of State.  The Secretary of State shall be responsible for creating the network necessary to maintain the system and providing the computer software, hardware and security necessary to ensure that the system is accessible only to those executive departments and State agencies so designated by the Secretary of State, each county commissioner of registration, each county and municipal clerk, and individuals under certain circumstances, as provided for by this section.  The system shall be the official State repository for voter registration information for every legally registered voter in this State, and shall serve as the official voter registration system for the conduct of all elections in the State.

     b.    The Statewide voter registration system shall include, but not be limited to, the following features:

     (1)   the name and registration information of every legally registered voter in the State;

     (2)   the ability to assign a unique identifier to each legally registered voter in the State;

     (3)   interactivity among appropriate State agencies so designated by the Secretary of State, each county commissioner of registration, each county board of elections, and each county clerk such that these entities shall have immediate electronic access to all or selected records in the system, as determined by the Secretary of State, to receive or transmit all or selected files in the system and to print or review all or selected files in the system;

     (4)   the ability to permit any county commissioner of registration to enter voter registration information on an expedited basis at the time the information is provided thereto and to permit the Secretary of State to provide technical support to do so whenever needed;

     (5)   the ability to permit each municipal clerk to view or print information in the system;

     (6)   the ability to permit an individual, by July 1, 2006, to verify via the Internet whether that individual, and only that individual, is included in the system as a legally registered voter, whether the information pertaining to that individual required by subsection c. of this section is correct, and if not, a means to notify the pertinent county commissioner of registration of the corrections that must be made and to so verify in a way that does not give one individual access to the information required by subsection c. of this section for any other individual;

     (7)   a Statewide street address index and map in electronic form that can accurately identify the location of every legally registered voter in this State;

     (8)   the ability to record and monitor all requests for mail-in ballots; to enable the county clerk to verify the identity and signature of each person requesting a mail-in ballot; to record the name and address of each voter determined to be eligible to receive a mail-in ballot for a particular election and to note when a mail-in ballot has been transmitted to that voter by mail or hand delivery; and to make such information available to the Secretary of State so that a voter can be notified whether the application for such a ballot was accepted or rejected, and the reason for the rejection, using the free-access system established by section 5 of P.L.2004, c.88 (C.19:61-5); and

     (9)   any other functions required pursuant to Pub.L.107-252 (42 U.S.C. s.15301 et seq.), or Title 19 of the Revised Statutes, or that may be deemed necessary by the Secretary of State.

     c.     The Statewide voter registration system shall include, but not be limited to, the following information for every legally registered voter in this State:

     (1)   last, first and middle name;

     (2)   street address at time of registration or rural route, box number or apartment number, if any;

     (3)   city or municipality, and zip code;

     (4)   date of birth;

     (5)   telephone number and e-mail address, if provided on voter registration form;

     (6)   previous name or address if individual re-registered due to change of name or address;

     (7)   ward and election district number, if either is available;

     (8) (a) current and valid New Jersey driver's license number; or

     (b)   if the registrant has not been issued a New Jersey driver's license number, the last four digits of the registrant's social security number; or

     (c)   unique identifying number for any individual who has not been issued the information sought in subparagraph (a) or (b) of this paragraph;

     (9)   notation that a copy of one of the following documents has been submitted with the voter registration application, if required: current and valid photo identification card; a current utility bill, bank statement, government check, pay check or any other government document showing the registrant's name and current address;

     (10) the method by which the individual registered and whether that person needs to provide additional identification information to vote using a voting machine instead of a provisional ballot;

     (11) political party affiliation, if designated;

     (12) digitalized signature;

     (13) date of registration or re-registration;

     (14) name and street address of the individual assisting in the completion of the form, if the applicant for registration is unable to do so;

     (15) voting participation record for ten-year period; and

     (16) any other information required pursuant to Pub.L.107-252 (42 U.S.C. s.15301 et seq.), or Title 19 of the Revised Statutes, or that the Secretary of State determines is necessary to assess the eligibility of an individual to be registered to vote and to vote in this State.

(cf: P.L.2009, c.79, s.32)


     3.    a. Notwithstanding any provision of this act, P.L.     , c.    (pending before the Legislature as this bill), to the contrary, printed and electronic versions of the voter registration application in use in this State before the effective date of this act shall continue to be valid after printed and electronic versions of the application that conform to the provisions thereof are made available by the Secretary of State.

     b.  Nothing in P.L.     , c.     (pending before the Legislature as this bill) shall require the Secretary of State to have printed voter registration forms that conform with the provisions of the act before the date scheduled by the Secretary for the printing of such forms.

 

     4.    This act shall take effect 90 days from the date of enactment, but the Secretary of State and the commissioner of registration in each county may take such anticipatory action to effectuate the purposes of this act.