A4325

An Act requiring registered voters to present identification when voting, amending R.S.19:15-24 and supplementing chapter 15 of Title 19 of the Revised Statutes.

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

1. R.S.19:15-24 is amended to read as follows:

19:15-24. The district boards shall not give a ballot to any person unless they shall be satisfied that such person is in all respects qualified and entitled to vote; and for the purpose of satisfying themselves as to the right of any person who shall claim a right to vote they shall have power to examine such person, and any other person or persons, under oath or affirmation, touching such right, except as hereinbefore restricted. The board shall determine the right of the voter to vote, after making use of, and giving due weight to, the evidence afforded by his signature, if any, identification pursuant to the provisions of section 2 of P.L. , c. (C. )(pending before the Legislature as this bill), such answers, and an affidavit which states the challenged voter's qualifications to vote and a suitable identifying document, as provided under section 2 of P.L.1991, c.249 (C.19:15-18.1). If any member of the board shall give or assent to give a ballot to any person challenged, without requiring him to take the oath or affirmation hereinbefore prescribed to be made upon such challenge, and the person shall not be qualified and entitled to vote, the member so giving or assenting to give a ballot, shall be deemed to have given to such person a ballot, knowing it to be illegal. The question as to the giving of the ballot to the person shall be put in the following form: "Shall a ballot be given to this person by this board?"

If a majority of the board shall decide to give a ballot to such voter or in case of a tie vote, the voter shall be given a ballot and allowed to vote. If a majority of the board shall decide against giving a ballot to the voter no ballot shall be given. The board upon demand of a member of the board or any other citizen shall forthwith issue a warrant for the arrest of such person and deliver the same to a peace officer, who shall forthwith arrest him, and the right to challenge voters shall exist until the ballot shall have been deposited in the ballot box.

Every such challenge and the determination of the board shall in every instance be recorded in the signature comparison record, in the column "Sig. Comp. by," used at the election at which the challenge has been made.

Any member of a district board who refuses or neglects to comply with the provisions of this section may be summarily removed from

office by the county board, or any judge of the Superior Court assigned to the county.

(cf: P.L.1991, c.249, s.5)

2. (New section) a. Prior to receiving a ballot, a voter shall present for inspection by the district board, in full view of the challengers, a suitable and valid identifying document that bears the voter's name, which may be, but is not limited to, the following:

(1) a New Jersey driver's license;

(2) a New Jersey REAL ID identification card or license issued in accordance with the federal “REAL ID Act of 2005,” 49 U.S.C. s.30301;

(3) an identification card issued by the New Jersey Motor Vehicle Commission pursuant to P.L.1980, c.47 (C.39:3-29.2 et seq.);

(4) a United States passport

(5) a voter registration card;

(6) a municipal, State, or employment identification card;

(7) a birth certificate;

(8) a United States military or veteran identification card;

(9) a property tax and assessment statement or card;

(10) an insurance or public assistance identification card;

(11) a high school or college identification card;

(12) a medical marijuana card; or

(13) any other identifying document that the Secretary of State has determined to be acceptable for this purpose.

b. If a resident is unable to provide identification pursuant to subsection a. of this section, the resident shall provide two forms of identification from the following forms of approved supplemental identification before casting their vote:

(1) a utility bill, with name and address present, which shall include, but need not be limited to: phone, internet, water, gas, sewage, electric, or television;

(2) mortgage or rental statement; or

(3) mail or an envelope with the voter’s address visible from a governmental agency or utility company.

c. If a voter does not present an identifying document to the district board, or if the information contained in the identifying document does not appear to be the information of the voter presenting the document, the qualification or entitlement of the voter to vote may be challenged.

3. This act shall take effect immediately.

STATEMENT

This bill requires a voter to present acceptable identification before voting at a polling place at any election. Acceptable identification includes, but is not limited to a valid: (1) New Jersey driver's license; (2) New Jersey REAL ID; (3) New Jersey Motor Vehicle Commission "identification only" card; (4) United States passport; (5) voter registration card; (6) a municipal, State, or employment identification card; (7) a birth certificate; (8) a United States military or veteran identification card; (9) property tax and assessment statement or card; (10) insurance or public assistance identification card; (11) high school or college identification card; or (12) medical marijuana card. Identification cannot be digital.

If a resident is unable to provide any of the initial forms of identification, the resident will be required to provide two forms of identification from the following forms of approved supplemental identification before casting their vote: (1) a utility bill, with name and address present, which includes, but is not limited to: phone, internet, water, gas, sewage, electric, or television; (2) mortgage or rental statement; or (3) mail or an envelope with the voter’s address visible from a governmental agency or utility company.

A voter who does not present identification, or whose identification information does not appear to match the voter’s information may be subject to challenge. This bill does not deny or alter a voter's opportunity to establish his or her right to vote if challenged.