FISCAL NOTE

SENATE, No. 538

STATE OF NEW JERSEY

216th LEGISLATURE

 

DATED: MAY 26, 2015

 

 

SUMMARY

 

Synopsis:

Requires replacement of all electronic voting machines used in State by district-based optical scan voting systems by June 7, 2016; makes appropriation.

Type of Impact:

Expenditure increase; State General Fund.

Agencies Affected:

Division of Elections, Department of State; county boards of election.

 

Executive Estimate

Fiscal Impact

Year 1 

Year 2 

Year 3 

 

State Cost

$100,000,000

$4,000,000

$4,000,000

 

 

 

 

·       The Office of Legislative Services concurs with the Executive estimate, but notes that the total cost of the bill could be less depending on how many machines are used in an election district.

·       Requires the State to switch from using touch-screen voting machines to using district-based optical scan voting machines for all elections beginning on June 7, 2016, the date of the next federal election.

·       The Division of Elections in the Department of State estimates that this bill will result in a total cost of approximately $100 million for the first year, and $4 million for the second year and $4 million for the third year.

·       The optical-scan voting system would require marked ballots to be tabulated at the polling place where the ballot was marked.

·       The division notes that in addition to the optical scan machines, the costs for the first year would include ballot marking machines to assist disabled voters at an approximate cost of $18.5 million and privacy booths at an approximate cost of $2.8 million, and costs that would continue into the second and third years would include ballot transport and marking equipment, ballot printing costs per election, software licensing fees, training, and voter education.

·       Provides that after June 7, 2016, any other type of voting system would be prohibited.

 

 

BILL DESCRIPTION

 

      Senate, No. 538 of 2014 requires New Jersey to switch from using touch-screen voting machines to using district-based optical scan voting systems for all elections beginning on June 7, 2016, which is the day of the next primary election for candidates for federal office.  The voting system would require the marked ballots to be tabulated at the polling place where the ballot was marked by the voter, either manually or by an optical scanner.  On and after June 7, 2016, the use of any other type of voting system would be prohibited.  Nothing in the bill would, however, prohibit a county board of elections from using an optical scan voting system to record and tabulate at a central location, such as the offices of the county board, the votes received from mail-in ballots.

      Under the bill,

            a. one district-based optical scan voting system and one ballot marking device would be employed at each polling place in the State;

            b. the Secretary of State would prepare instructions on the proper use of district-based optical scan voting systems to enable a voter to mark a ballot card quickly and correctly, and these instructions must be posted in a prominent place at each polling place and in each voting booth or place where voting occurs;

            c. the final tabulation of the results of the vote in any election would occur at the election district after the time the polls close on the day of the election, in the manner provided by law;

            d. the ballot cards used in a district-based optical scan voting system in an election would constitute an individual permanent paper record of each vote cast in that election, and would be available for inspection and verification by the voter at the time the vote is cast, with the cards to constitute the vote of record and to govern the result in any recount or audit of the election;

            e. the acquisition of sufficient district-based optical scan voting systems and the deployment of such systems would be on a schedule established by the Secretary of State after consultation with the county boards of election; and

            f. the training of district board workers on the use of district-based optical scan voting systems would be on a schedule established by the superintendent of elections of each county, or the commissioner of registration, as may be appropriate, after consultation with the Secretary of State.

      The bill requires the State to reimburse a county governing body for the costs it incurs due to the bill, and appropriates from the State General Fund to each county such sums as the State Treasurer and the Director of the Division of Budget and Accounting in the Department of the Treasury deem necessary to acquire the number of district-based voting machines needed to meet the June 7, 2016 deadline.

 

 

FISCAL ANALYSIS

 

EXECUTIVE BRANCH

 

      The Division of Elections in the Department of State estimates that, if enacted, this bill will result in a total cost of approximately of $100 million for the first year, and $4 million for the second year and $4 million for the third year.

      The division estimates that there are currently approximately 11,245 voting machines used in the State.  To replace each of these by an optical scan machine in the first year after the bill is enacted, at a cost of approximately $5,750 per machine, would cost approximately $64.6 million.  Added to this would be: 1) the cost of 3,700 ballot marking machines to assist disabled voters to vote on paper ballots in each of the State’s approximately 3,330 polling places (with minimal spare machines), estimated to cost $18.5 million; and 2) four privacy booths per election district estimated to cost $2.8 million.  Other costs that will continue into the second and third years include: 1) ballot transport and marking equipment; 2) ballot printing costs per election; 3) software licensing fees; 4) machine technician and poll worker training; and 5) voter education efforts.

      The division notes that funding would need to be appropriated from the General Fund to cover the above itemized expenses, as provided for by the bill.

 

 

OFFICE OF LEGISLATIVE SERVICES

 

      The Office of Legislative Services concurs with the Executive estimate, but notes that the total cost of the bill could be less depending on how many machines are used in an election district.

 

 

Section:

State Government

Analyst:

Frank J. Parisi

 Principal Research Analyst

Approved:

David J. Rosen

Legislative Budget and Finance Officer

 

 

This fiscal note has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).