Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Allows voter who received mail-in ballot to cancel ballot and be issued a new one not less than 7 days before election.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning a voter’s ability to cancel a mail-in ballot and request a new one before an election and supplementing P.L.2009, c.79 (C.19:63-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. A voter who has been issued a mail-in ballot shall be permitted to cancel that ballot and request a new mail-in ballot not less than 7 days before the election. The Secretary of State shall develop an application form for a voter to use to request that the voter’s previously issued mail-in ballot be canceled and to be issued a new mail-in ballot. The application for a new mail-in ballot shall be completed and submitted by the voter not less than 7 days before an election in the same manner and within the same timeframe prescribed pursuant to subsection b. of section 3 of P.L.2009, c.79 (C.19:63-3). The new ballot shall be mailed to the voter in the same manner and within the same timeframes prescribed pursuant to subsection b. of section 9 of P.L.2009, c.79 (C.19:63-9). Upon the issuance of the new ballot to the voter, the previously issued mail-in ballot shall be declared spoiled, shall be canceled, and shall not be counted.
2. This act shall take effect on January 1 next following the date of enactment.
STATEMENT
This bill allows a voter who has been issued a mail-in ballot to cancel that ballot and request a new one not less than 7 days before the election. The bill directs the Secretary of State to develop an application form for a voter to use to request that the voter’s previously issued mail-in ballot be canceled and to be issued a new mail-in ballot. Under the bill, the application for a new mail-in ballot must be completed and submitted by the voter not less than 7 days before the election, and the new ballot would be mailed to the voter within the same timeframes currently provided for mailing the mail-in ballots. Specifically, if the application for a new mail-in ballot is received between the 45th and the 13th day before the election, the new ballot must be mailed to the voter within three business days, or within two business days if the application is received between the 12th and the seventh day before the election. Upon the issuance of the new ballot to the voter, the previously-issued mail-in ballot would be declared spoiled, canceled, and would not be counted.
Currently, 27 states permit a voter to vote by mail-in ballot without the voter having to provide an excuse to do so. Several states, including Minnesota, Michigan, Pennsylvania, New York, and Wisconsin, allow a voter who voted by mail to cancel their voted ballot and vote a new ballot before Election Day. The sponsor believes that, because mail-in ballots in New Jersey are mailed to voters 45 days before the election, voters should have the right to cancel their voted ballot and request a new ballot if they wish to change their vote. The sponsor believes that the 2016 general election was an example of significant events occurring, and new information being provided, that prompted constituents to request an opportunity to change their votes.