A5286

An Act concerning mail-in ballots and amending and supplementing P.L.2009, c.79 (C.19:63-1 et seq.) and amending R.S.19:31-16.

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

1. (New section) a. When an official mail-in ballot is mailed to an address at which the listed voter no longer resides, the person residing at that address may return the ballot to the county clerk of the county in which the ballot was issued. The person residing at that address may return the unopened official mail-in ballot envelope in person to the county clerk or deposit the envelope in a ballot drop box or any outgoing United States Postal Service mailbox or letter collection box with a return to sender notation affixed thereto. The person residing at that address may write one of the following notations on the front of the unopened official mail-in ballot envelope:

(1) Return to Sender - No Longer at this Address;

(2) Return to Sender - Moved out of State or County;

(3) Return to Sender – Deceased; or

(4) any other notations deemed appropriate by the Secretary of State.

b. The Secretary of State shall prepare and transmit, within 60 days of the effective date of this act, P.L. , c. (C. ) (pending before the Legislature as this bill), instructions on how to return an unopened official mail-in ballot envelope to sender. The instructions prepared by the Secretary of State shall be contained in any printed or electronic voter information notices or educational materials provided or disseminated by the Department of State. The New Jersey Division of Elections and each county clerk and board of elections in this State shall also make available on their websites, if one exists, the instructions prepared by the Secretary of State.

2. Section 3 of P.L.2009, c.79 (C.19:63-3) is amended to read as follows:

3. a. A qualified voter shall be entitled to vote using a mail-in ballot:

(1) in all future elections, including general elections, held in this State, in which the voter is eligible to vote; or

(2) in any single election held in this State.

The qualified voter who chooses the option to vote using a mail-in ballot in all future elections shall be furnished with such a ballot by the county clerk without further request on the part of the voter and until the voter requests in writing that the voter no longer be sent a mail-in ballot.

The mail-in ballot application form prepared by the Secretary of State shall present the two options in the order provided above. The mail-in ballot application shall also provide spaces for the voter's telephone number and email address, including language informing the voter that this contact information will be used to contact the voter concerning the acceptance or rejection of the ballot, and how the voter may cure a defect. A voter's telephone number and email address shall not be subject to public disclosure and shall not be considered a government record.

The additional direct expenditures required for the implementation of the provisions of this subsection as amended by section 1 of P.L.2018, c.72 shall be offset pursuant to section 1 of P.L.2019, c.459 (C.19:63-29).

b. Not less than seven days before an election in which a voter wants to vote by mail, the voter may apply to the person designated in section 5 of P.L.2009, c.79 (C.19:63-5), for a mail-in ballot. The application shall be in writing, shall be signed by the applicant and shall state the applicant's place of voting residence and the address to which the ballot shall be sent. The Secretary of State shall prepare a mail-in application form and shall have the authority to promulgate any rules and regulations the secretary deems necessary to effectuate the purposes of this subsection.

c. Any voter wanting to vote by mail in any election may apply to the person designated in section 5 of P.L.2009, c.79 (C.19:63-5) for a mail-in ballot to be sent to the voter. A voter who is a member of the armed forces of the United States may use a federal postcard application form to apply for a mail-in ballot.

d. Any voter who fails to apply for a mail-in ballot before the seven-day period prescribed in subsection b. of this section may apply in person to the county clerk for a mail-in ballot up to 3 p.m. of the day before the election.

e. A person voting by mail-in ballot who registered by mail after January 1, 2003, who did not provide personal identification information when registering pursuant to section 16 of P.L.1974, c.30 (C.19:31-6.4) and is voting for the first time in his or her current county of residence following registration shall include copies of the required identification information with the mail-in ballot. Failure to include such information with the mail-in ballot shall result in its rejection.

f. The county clerk shall not transmit a mail-in ballot for any election to any person who: is deemed by a county commissioner of registration to be an inactive voter; or notifies the clerk in writing that the person no longer wishes to receive such a ballot for any election; or is no longer eligible to vote and whose registration file has been transferred to the deleted file pursuant to R.S.19:31-19.

g. The envelope in which the official mail-in ballot is sent shall be clearly marked “Do Not Forward. Return to Sender. Return Postage Guaranteed.”

h. Any mail-in ballot that is sent to a qualified voter and that is returned to the county clerk for any reason shall be forwarded to the commissioner of registration within 30 days from the date the mail-in ballot is returned to the county clerk, who shall so note the return in the voter record of that voter. If the reason the mail-in ballot is returned is due to the death of the qualified voter, the commissioner of registration shall determine if the death was filed by the officer in charge of records of death in the municipality in which the decedent resided as prescribed in R.S.19:31-16 and shall undertake the procedures provided in that section.

(cf: P.L.2020, c.70, s.8)

3. Section 12 of P.L.2009, c.79 (C.19:63-12) is amended to read as follows:

12. Each county clerk shall send, with each mail-in ballot, printed directions for the preparation and transmitting of the ballots as required by this act. The directions shall be printed in such manner and form as the Secretary of State shall require, together with two envelopes of such sizes that one will contain the other. The directions prepared by the Secretary of State shall inform the voter that the status of the voter's mail-in ballot may be checked using the free-access system provided in section 5 of P.L.2004, c.88 (C.19:61-5).

The outer envelope shall be addressed to the county board of elections of the county in which is located the home address of the person to whom the mail-in ballot is sent, as certified by the county clerk. At the discretion of the county clerk, the outer envelope may be a postage paid return envelope. On the outside and front of each outer envelope, there shall be printed or stamped the following:

To protect your vote:

IT IS AGAINST THE LAW FOR ANYONE EXCEPT YOU THE VOTER TO MAIL OR TRANSPORT THIS BALLOT UNLESS THE ENVELOPE IS SEALED AND THE FOLLOWING IS COMPLETED:

Ballot mailed or transported by

(signature of bearer)

(print name of bearer)

(address of bearer)

The reserve side of the outer envelope shall contain the following:

REMINDER

For your vote to count, you must:

1) Vote your ballot and place it in the inner envelope with the attached certificate.

2) Seal the envelope.

3) Place the envelope into the larger envelope addressed to the board of elections and seal that envelope.

4) If another person will be mailing your ballot or bringing it to the board of elections, MAKE CERTAIN THAT PERSON COMPLETES THE "BEARER PORTION" ON THE ENVELOPE ADDRESSED TO THE BOARD OF ELECTIONS BEFORE THE BALLOT IS TAKEN FROM YOU. NO PERSON WHO IS A CANDIDATE IN THE ELECTION FOR WHICH THE VOTER REQUESTS THIS BALLOT IS PERMITTED TO SERVE AS A BEARER. NO PERSON IS PERMITTED TO SERVE AS A BEARER FOR MORE THAN THREE QUALIFIED VOTERS IN AN ELECTION, BUT A PERSON MAY SERVE AS SUCH FOR UP TO FIVE QUALIFIED VOTERS IN AN ELECTION IF THOSE VOTERS ARE IMMEDIATE FAMILY MEMBERS RESIDING IN THE SAME HOUSEHOLD AS THE BEARER.

The Secretary of State is authorized to make such changes to the instructions for mail-in ballot materials as the Secretary of State deems necessary or as is mandated by federal or State law.

The inner envelope shall be so designed that it can be sealed after the mail-in ballot has been placed therein and the flap thereof shall be of such length and size as to leave sufficient margin, after sealing, for the printing thereon of the certificate hereinafter described. The flap shall be so arranged that, after the inner envelope has been sealed, the certificate can be contained, with the inner envelope, in the outer envelope, and that the margin containing the certificate can be detached without unsealing the inner envelope.

On the outside of each envelope in which a mail-in ballot is sent to a mail-in voter by the clerk, there shall be printed or stamped the words “Do Not Forward. Return to Sender. Return Postage Guaranteed” and “Official Mail-In Ballot.” In addition, there shall be printed or stamped the following:

To protect your vote:

IT IS AGAINST THE LAW FOR ANYONE EXCEPT YOU THE VOTER TO OPEN, MARK, INSPECT OR SEAL THIS BALLOT.

However, a family member may assist you in doing so.

The reverse side of each inner envelope shall contain the following statement:

A PERSON MAY BE FINED AND IMPRISONED AND MAY ALSO LOSE THE RIGHT TO VOTE UNTIL RESTORED BY LAW if that person attempts to vote fraudulently by mail-in ballot, prevents the voting of a legal voter, certifies falsely any information, interferes with a person's secrecy of voting, tampers with ballots or election documents or helps another person to do so.

(cf: P.L.2020, c.71, s.10)

4. Section 17 of P.L.2009, c.79 (C.19:63-17) is amended to read as follows:

17. a. The county board of elections shall, promptly after receiving each mail-in ballot, remove the inner envelope containing the ballot from the outer envelope and shall compare the signature and the information contained on the flap of the inner envelope with the signature and information contained in the respective requests for mail-in ballots and the signature and information contained in the Statewide voter registration system. In addition, as to mail-in ballots issued less than seven days prior to an election, the county board of elections shall also check to establish that the mail-in voter did not vote in person. The county board shall reject such a ballot if it is not satisfied, pursuant to a comparison with the Statewide voter registration system, that the voter is legally entitled to vote and that the ballot conforms with the requirements of this act. The county board of elections shall conduct the determination of qualification of each voter in accordance with the requirements of the Certificate of Mail-in Voter pursuant to section 13 of P.L.2009, c.79 (C.19:63-13). When the voter failed to include the Certificate of Mail-in Voter or includes a detached Certificate of Mail-in Voter, the county board of elections shall permit the voter to cure the mail-in ballot as provided under subsection b. of this section.

In the case of a mail-in ballot to be voted at a primary election for the general election, the ballot shall be rejected if the mail-in voter has indicated in the certificate the voter's intention to vote in a primary election of any political party in which the voter is not entitled to vote according to the Statewide voter registration system, and if it shall appear from the record that the voter is not entitled to vote in a primary election of the political party which has been so indicated.

Any mail-in ballot which is received by a county board of elections shall be rejected if the inner envelope is unsealed or if either the inner or outer envelope has a seal that has been tampered with. Mail-in ballots shall not be rejected due to any defect arising out of or relating to the preparation or mailing of the ballot or envelope that was not reasonably caused by the voters, such as a torn envelope and missing or insufficient glue to allow the ballot to be sealed.

Disputes about the qualifications of a mail-in voter to vote or about whether or not or how any mail-in ballot shall be counted in such election shall be referred to the Superior Court for determination, as provided under section 4 of P.L.2020, c.70 (C.19:63-17.1).

After such investigation, the county board of elections shall detach or separate the certificate from the inner envelope containing the mail-in ballot, unless it has been rejected by it or by the Superior Court, marking the envelope so as to identify the election district in which the ballot contained therein is to be voted as indicated by the voter's home address appearing on the certificate attached to or accompanying the inner envelope and, in the case of ballots to be voted at a primary election for a general election, so as to identify the political party in the primary election of which it is to be voted.

The location at which a county board of elections determines whether a mail-in ballot shall be accepted or rejected shall be considered an election district for the purposes of appointment of challengers.

b. The county board of elections shall, promptly after receiving each mail-in ballot, undertake the following procedures and requirements concerning the acceptance or rejection of each mail-in ballot:

(1) within 24 hours after the decision has been made to reject a voter's mail-in or provisional ballot on the basis of a missing signature or discrepant signature, issue a "Cure Letter" by mail or email to the voter whose ballot was rejected, which shall inform the voter of that fact and provide the reasoning for rejection, and attempt to contact the voter by telephone, if a telephone number is available. The cure letter shall include a "Cure Form" and the form shall include the voter's name and instruct the voter on how to cure the alleged or actual deficiency. Cure forms shall not be referred to as affidavits or certifications and shall not be required to be sworn;

(2) when the alleged or actual deficiency involves the signature of the voter, instruct the voter that they may cure the deficiency by completing the cure form and returning it to the county board of elections in person, by fax, or by email, not later than 48 hours prior to the final certification of the results of the election, or by returning it to the county board of elections by mail, and that the completed cure form must be received by the county board of elections not later than 48 hours prior to the final certification of the results of the election;

(3) include, with the cure letter, when sent by mail, a pre-printed cure form and a postage-paid return envelope addressed to the county board of elections which the voter may use to return the cure form; [and]

(4) inform voters that they shall not be required to submit any form of hard-copy identification document or copy thereof in order to cure a signature deficiency, but may do so by declaring that they submitted their provisional ballot or mail-in ballot, and verifying their identity by either: (a) providing a valid New Jersey driver's license number or Motor Vehicle Commission non-driver identification number; or (b) if the voter does not have a valid New Jersey driver's license number or Motor Vehicle Commission non-driver identification number, then by providing the last four digits of their Social Security Number; or (c) if the voter does not have the identification in (a) or (b), then attaching a legible copy of a New Jersey State-accepted form of identification, including either a sample ballot which lists the voter's name and address, an official federal, State, county, or municipal document which lists the voter's name and address, or a utility bill, telephone bill, or tax or rent receipt which lists the voter's name and address; and (d) signing and dating the cure form prior to returning it; and

(5) when the voter failed to include the Certificate of Mail-in Voter required pursuant to section 13 of P.L.2009, c.79 (C.19:63-13) or includes a detached Certificate of Mail-in Voter, provide the voter, along with the Cure Letter and Cure Form, with a substantially similar certificate for the voter to complete in order to cure the voter’s mail-in ballot in accordance with the same requirements, procedures, and timeframes specified in this subsection.

c. If a voter returns a completed cure form in a timely manner and the information provided verifies the voter's identity, pursuant to this section, their otherwise valid mail-in or provisional ballot shall be counted in the final election results irrespective of any signature deficiency previously identified and, under those circumstances, the cure form may not be verified or authenticated using signature matching.

d. In accordance with this section, variations in voter signatures caused by the substitution of initials for the first name, middle name, or both, shall not be grounds for the county board of elections to determine that the signatures are non-conforming or do not match.

e. In cases of rejected ballots, the county board of elections shall retain the voter's outer envelope, inner envelope, self-certification certificate, and mail-in ballot in a bundle unique to each voter for a period of two years in accordance with section 24 of P.L.2009, c.79 (C.19:63-24).

f. County boards of elections shall be required to meet at least once each week during the three-week period preceding each election to conduct the ballot processing and curing provisions specified in this section, and shall meet more frequently as may be required by the Secretary of State to ensure the timely processing of ballots.

The Secretary of State shall prepare educational materials regarding this section that all employed county boards of elections employees handling ballots shall read and have available for review. The materials shall provide clear information regarding the standards for acceptance and rejection of mail-in ballots and the safe-keeping of all materials in the case of rejection. The materials shall serve an educational purpose for the county board of elections and shall not replace, supersede, or void the authority of the county board or a judge of the Superior Court to accept or reject a mail-in ballot.

(cf: P.L.2020, c.71, s.12)

5. R.S.19:31-16 is amended to read as follows:

19:31-16. a. The health officer or other officer in charge of records of death in each municipality shall file with the commissioner of registration for the county in which the municipality is located once each month, during the first five days thereof, the age, date of death, and the names and addresses of all persons 18 years of age or older who have died within such municipality during the previous month. Within 30 days after the receipt of such list, the commissioner shall make and complete such investigation as is necessary to establish to his satisfaction that such deceased person is registered as a voter in the county. If such fact is so established, the commissioner shall cause the registration and record of voting forms of the deceased registrant to be transferred to the death file as soon as possible, but not later than 30 days, after such investigation is completed. If the deceased person was not so registered in the county, but the person maintained a residence in another county of this State, the officer in charge of records of death in the municipality in which the decedent died shall forward a copy of the notice of death to the officer in charge of records of death in the municipality in which the decedent resided. That officer having received the notice shall notify the commissioner of the county in which that municipality is located of the death of the person. Any commissioner who receives such notification shall undertake the procedures prescribed herein with respect to the registration in that county of the decedent.

b. The State registrar of vital statistics shall file with the commissioner of registration of each county no later than May 1 of each year an alphabetized list of the name, address, and date of birth, if available, of each resident of the county 18 years of age or older who died during the previous year. Within 30 days after the receipt of the list the commissioner shall undertake and complete such investigation as is necessary to establish that each person on the list is not registered as a voter in the county. The commissioner shall cause the registration and record of voting forms of any deceased registrant found on the list to be transferred to the death file as soon as possible, but not later than 30 days, after such investigation is completed.

(cf: P.L.2011, c.134, s.40)

6. This act shall take effect immediately.

STATEMENT

This bill clarifies that an official mail-in ballot envelope is for the intended recipient only. When an official mail-in ballot is mailed to an address at which the listed voter no longer resides, the person residing at that address may return the ballot to the county clerk of the county in which the ballot was issued. The person residing at that address may return the unopened official mail-in ballot envelope in person to the county clerk or deposit the envelope in a ballot drop box or any outgoing United States Postal Service mailbox or letter collection box with a return to sender notation on the front of the envelope. Under the bill, the person residing at that address may write one of the following notations on the front of the unopened official mail-in ballot envelope:

(1) Return to Sender - No Longer at this Address;

(2) Return to Sender - Moved out of State or County;

(3) Return to Sender – Deceased; or

(4) any other notations deemed appropriate by the Secretary of State.

Under the bill, the Secretary of State is required to prepare and transmit, within 60 days of the bill’s effective date, instructions on how to return an unopened official mail-in ballot envelope to sender.

The instructions prepared by the Secretary of State are required to be contained in any printed or electronic voter information notices or educational materials provided or disseminated by the Department of State. The New Jersey Division of Elections and each county clerk and board of elections in this State must make available on their websites, if one exists, the instructions prepared by the Secretary of State.

This bill also requires the words “Do Not Forward. Return to Sender. Return Postage Guaranteed.” to be printed or stamped on the official mail-in ballot envelope sent by the county clerks.

Under the bill, any mail-in ballot that is sent to a qualified voter and that is returned to the county clerk for any reason is required to be forwarded by the county clerk to the commissioner of registration within 30 days from the date the mail-in ballot is returned to the county clerk. If the reason the mail-in ballot is returned is due to the death of the qualified voter, the commissioner of registration is required to determine if the death was filed by the officer in charge of records of death in the municipality in which the decedent resided as prescribed in current law and must undertake the procedures provided in current law. The bill requires that any deceased registrant on the monthly or yearly list of deceased persons 18 years of age or older to be transferred to the death file within 30 days after the investigation provided in current law is completed.

Under the bill, a mail-in voter is permitted to cure their mail-in ballot due to a missing or detached mail-in voter certificate. Under current law, each mail-in voter is required to complete the Certificate of Mail-in Voter that is attached to the flap of the mail-in ballot inner envelope. By completing the certificate, the mail-in voter certifies, subject to the penalties for fraudulent voting: the voter’s address, that the voter is the person who applied for the enclosed ballot, that the voter marked the ballot in secret, and that a family member may provide assistance to the voter. The mail-in voter and any person who provided assistance to the voter are required to sign the certificate.

Under this bill, when the voter failed to include the Certificate of Mail-in Voter or includes a detached Certificate of Mail-in Voter, the county board of elections would be required to provide the voter, along with the Cure Letter and Cure Form, with a substantially similar certificate for the voter to complete in order to cure the voter’s mail-in ballot in accordance with the same requirements, procedures, and timeframes specified for ballot curing due to a missing or discrepant signature.