SENATE, No. 649

STATE OF NEW JERSEY

218th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

 


 

Sponsored by:

Senator  JAMES BEACH

District 6 (Burlington and Camden)

 

 

 

 

SYNOPSIS

     Provides primary and school election sample ballots may be sent to registered voter by electronic mail if so requested.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act concerning the electronic delivery of sample ballots to registered voters for primary and school elections, and supplementing various parts of the statutory law.

 

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

 

     1.    Notwithstanding the provisions of R.S.19:23-30 or any provision of chapter 23 of Title 19 of the Revised Statutes to the contrary, the district board or the commissioner of registration, as the case may be, shall deliver a copy of the official primary election sample ballot of each political party, and any additional documents that may be required to be provided therewith, by electronic mail instead of regular mail to any registered voter of the district who is eligible to participate in the primary election and who requests to receive the sample ballot and documents by electronic mail. The electronic mail address of any voter who requests to receive a sample ballot by electronic mail pursuant to this section shall not be a government record as defined in section 1 of P.L.1995, c.23 (C.47:1A-1.1) and shall not be available for public inspection or copying, and shall be redacted from any document that it is a part of.

 

     2.    Notwithstanding the provisions of R.S.19:60-10 or any provision of chapter 60 of Title 19 of the Revised Statutes to the contrary, the district board or the commissioner of registration, as the case may be, shall deliver a copy of the official school election sample ballot, and any additional documents that may be required to be provided therewith, by electronic mail instead of regular mail to any registered voter who is eligible to participate in the school election and who requests to receive the sample ballot and documents by electronic mail. The electronic mail address of any voter who requests to receive a sample ballot by electronic mail pursuant to this section shall not be a government record as defined in section 1 of P.L.1995, c.23 (C.47:1A-1.1) and shall not be available for public inspection or copying, and shall be redacted from any document that it is a part of.

 

     3.    The Secretary of State, in collaboration with the election officials in this State, shall develop standard procedures to effectuate the provisions of sections 1 and 2 of  P.L.    , c.   , (C.    , and C.    , respectively) (pending before the Legislature as this bill).  The procedures shall:

     a.     establish a method to inform all voters of the opportunity to receive a sample ballot and other materials by electronic mail, and by which a voter can notify election officials of his or her desire to obtain a ballot and other materials by electronic mail in lieu of receiving them by regular mail;

     b.    maintain the confidentiality of the voter electronic mail addresses;

     c.     provide notice and opportunity for a voter who has requested to receive a sample ballot and other materials by electronic mail to request to again receive the sample ballot and other materials by regular mail; and

     d.    address any additional necessary measures for the proper implementation of these provisions.  

 

     4.    This act shall take effect immediately, but shall not apply with respect to a primary or school election that is scheduled to occur within 30 days of the bill’s effective date.

 

 

STATEMENT

 

     This bill allows the district board of election or the commissioner of registration, as the case may be, to provide a copy of the primary election and school election sample ballots by electronic mail instead of regular mail to any registered voter in the election district who is eligible to participate in that election, and who requests to receive the sample ballot by electronic mail.  Under current law, such sample ballots must be printed and mailed to each eligible registered voter.  The bill further provides that the electronic mail address of any voter who requests to receive a sample ballot by electronic mail would not be a government record as defined in section 1 of P.L.1995, c.23 (C.47:1A-1.1), also known as the “Open Public Records Act,” would not be available for public inspection or copying, and must be redacted from any document that it is a part of.

     The bill directs the Secretary of State, in collaboration with the election officials in this State, to develop standard procedures to effectuate the provisions of the bill.  These procedures would include, but may not be limited to: (1) establishing a method to inform all voters of the opportunity to receive a sample ballot and other materials by electronic mail, and by which a voter can notify election officials of his or her desire to obtain a ballot and other materials by electronic mail in lieu of receiving them by regular mail; (2) maintaining the confidentiality of the voter electronic mail addresses;  and (3) providing notice and opportunity for a voter who has requested to receive a sample ballot and other materials by electronic mail to request to again receive the sample ballot and other materials by regular mail.