Sponsored by:
Senator TROY SINGLETON
District 7 (Burlington)
Senator PAUL A. SARLO
District 36 (Bergen and Passaic)
Senator JAMES BEACH
District 6 (Burlington and Camden)
Co-Sponsored by:
Senators Pou, Gill and Turner
SYNOPSIS
Requires county boards of election to establish ballot drop boxes in each county at least 45 days before election.
CURRENT VERSION OF TEXT
As reported by the Senate State Government, Wagering, Tourism & Historic Preservation Committee on August 20, 2020, with amendments.
An Act concerning the establishment of mail-in ballot drop boxes before each 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. In addition to delivering a voted mail-in ballot by mail or in person as provided under “The Vote By Mail Law,” P.L.2009, c.79 (C.19:63-1 et seq.), a mail-in voter shall be entitled to deposit the voter’s completed mail-in ballot in a ballot drop box established by the county board of elections as provided under this section. Each mail-in ballot deposited in a ballot drop box by the time designated under current law for the closing of the polls for that election shall be considered valid and shall be canvassed. If, at the closing of the polls, a voter deposits a mail-in ballot at a ballot drop box in a county in which the voter does not reside, the county board of elections, upon discovering that fact, shall 1notify and1 timely deliver the ballot to the county board of elections of the county in which the voter resides, who shall accept the ballot for processing. The limitations and prohibitions applicable to mail-in ballot bearers under “The Vote By Mail Law,” P.L.2009, c.79 (C.19:63-1 et seq.) shall apply under this section 1[, except that a bearer may deliver a mail-in ballot on behalf of a voter to a staffed ballot drop box location only, as defined under paragraph (2) of subsection b. of this section, provided the staffed ballot drop box location implements the same bearer identification and record-keeping criteria specified under paragraph (2) of subsection d. of section 16 of P.L.2009, c.79 (C.19:63-16)]1.
b. (1) For any election, the county board of elections in each county shall establish ballot drop boxes where voters may deposit their voted mail-in ballots at least 1[seven] 451 days before the election. The ballot drop boxes shall be located throughout the county in a manner 1[that provides the greatest convenience to voters. Ballot drop boxes shall include both staffed and unstaffed locations as specified under paragraph (2) of this subsection. Each ballot drop box and drop box location shall meet the population, geographic, accessibility, security, and other requirements developed by the Secretary of State in consultation with county clerks and municipal clerks as provided under subsection c. of this section] specified under paragraph (2) of this subsection1.
(2) (a) 1[A “staffed ballot drop box” shall mean a drop box that is placed in a location that is in the view of a live person who is employed at the location of the drop box, a municipal or county employee, or a temporary worker or volunteer retained for the purpose of monitoring the drop box. Staffed ballot drop box locations may include, but may not be limited to, municipal offices, county offices, public libraries, local businesses, and offices of community-based organizations. A staffed ballot drop box shall not be required to be available for use by a voter 24 hours a day, but shall be available and staffed beginning at least seven days before the election and for the time designated for ballot drop boxes to be in effect before each election and until the time designated for the closing of the polls on election day] A ballot drop box shall mean a secured drop box that is not required to be within view of a live person for monitoring. All ballot drop boxes shall be available for use by a voter 24 hours a day and shall be placed at locations equipped with security cameras that allow for surveillance of the ballot drop box1.
(b) 1[An “unstaffed ballot drop box” shall mean a secured drop box that is not required to be within view of a live person for monitoring. Unstaffed ballot drop boxes shall be available for use by a voter 24 hours a day. Unstaffed ballot drop boxes may be located in each municipality or Census-Designated Place (CDP) with a post office, outside of every municipal clerk’s office, board of elections office, town hall, police station, firehouse, United States Postal Service retail location, on each campus of a state institution of higher education located within the county that has two thousand or more enrolled students, or any other location equipped with security cameras that allow for the surveillance of the unstaffed ballot drop box] At least one ballot drop box shall be located at each of the following locations: any county government building in which the main office of the county clerk is located; any municipal government building in which the main office of the municipal clerk is located in municipalities with populations larger than 5,000 residents; the main campus of each county community college; the main campus of each State college or university; and the main campus of each independent four-year college or university with enrollments larger than 5,000 students1.
(c) 1[Staffed and unstaffed] The board of elections of any county that has fewer than 10 ballot drop boxes upon establishing the drop boxes at each location required under subparagraph (b) of this paragraph shall establish additional locations for ballot drop boxes, pursuant to the provisions of subsection c. of this section, so that the county has no fewer than 10 ballot drop boxes. The additional drop boxes shall be placed at county or municipal government buildings.
(d) All1 ballot drop box locations shall be on sites that meet the accessibility requirements applicable to polling places under R.S.19:8-2 and shall be subject to the same compliance oversight applicable to polling places under section 3 of P.L.1991, c.429 (C.19:8-3.3). A 1[staffed or unstaffed]1 ballot drop box 1[sites] site1 shall be considered accessible if it is in compliance with the federal “Americans with Disabilities Act of 1990” (42 U.S.C. s. 12101 et seq.).
c. The Secretary of State, in consultation with county clerks and municipal clerks, shall establish the rules and regulations necessary to ensure the secure and successful implementation of the mail-in ballot drop boxes required by this section. In determining the ballot drop box locations, the secretary and clerks shall consider, at a minimum, concentrations of population, geographic areas, voter convenience, proximity to public transportation, community-based locations, and security. The rules and regulations shall include, but may not be limited to, criteria for each county board of elections to:
(1) determine the number of 1[staffed and unstaffed]1 ballot drop boxes required per voter population, considering both the number of registered voters and the number of registered mail-in voters in each county before each election;
(2) select the geographic location of each ballot drop box, ensuring an equitable distribution of ballot drop boxes across the county to maximize convenience to voters;
(3) ensure the accessibility of ballot drop boxes and drop box locations to persons with disabilities; and
(4) maintain the security of ballot drop boxes and of the ballots deposited therein, including standards and procedures for ballot retrieval by authorized persons only, and for ensuring the proper chain of custody and safe storage of voted mail-in ballots before each election.
2. There is hereby appropriated from the State General Fund to the Department of State such sums as shall be necessary to reimburse counties and municipalities for the costs of implementing this act, P.L. , c. (C. ) (pending before the Legislature as this bill), subject to the approval of the Director of the Division of Budget and Accounting in the Department of the Treasury. The clerk of each county shall certify to the Department of State, in a manner prescribed by the department, the total cost incurred by the county and municipalities within the county to implement the provisions of this act.
3. This act shall take effect immediately.