ASSEMBLY, No. 2161

STATE OF NEW JERSEY

INTRODUCED JUNE 20, 1996

By Assemblyman GREENWALD

An Act concerning the use of emergency ballots and supplementing P.L.1992, c.3 (C.19:53B-1 et al.).

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

    1. The superintendent of elections in counties having a superintendent of elections, and the county board of elections in all other counties, is hereby authorized to suspend for an election the use in the county, or in the part or parts of the county wherein the election is to be held, of emergency ballots as provided by P.L.1992, c.3 (C.19:53B-1 et al.). If the superintendent or county board, as appropriate, determines that the use of such emergency ballots shall be suspended for a particular election, the superintendent or board shall, not later than the 46th day preceding that election, transmit notice of that determination to the county clerk and, in the case of a municipal election, to the municipal clerk. The officer responsible for delivering election supplies to the district boards of election in connection with the conduct of the election shall include, with the supplies so delivered to each district board, a copy of that notice.

    The provisions of this section shall not be construed to authorize the use, at any election, of emergency or other special ballots otherwise than as prescribed by Title 19 of the Revised Statutes.

    2. This act shall take effect on January 1 next following enactment.

STATEMENT

    This bill revises the law (P.L.1992, c.3) establishing, in jurisdictions in which balloting is conducted by voting machine, a procedure for the use of paper “emergency ballots” whenever the machine becomes inoperable.

    Under the bill, the use of this emergency ballot procedure could be suspended for any particular election at the option of the superintendent of elections in counties having a superintendent of elections, or the county board of elections in all other counties. The superintendent or county board would be required to transmit notice of its determination to suspend use of the procedure at a particular election to the county clerk and, if appropriate, the municipal clerk not later than the 46th day preceding the election.

    The bill includes a provision prohibiting the legislation from being construed as authorizing implementation of an emergency or other special balloting procedure that does not conform to the statutorily prescribed procedure.

Makes use of emergency ballots optional in each county.