ASSEMBLY, No. 2362

 

STATE OF NEW JERSEY

 

INTRODUCED SEPTEMBER 19, 1996

 

 

By Assemblyman AUGUSTINE

 

 

An Act concerning the membership of the district boards of election and amending various parts of the statutory law.

 

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

 

    1. Section 3 of P.L.1976, c.83 (C.19:4-12) is amended to read as follows:

    3. Each district in which two voting machines or five electronic system voting devices are to be used shall contain, as nearly as is practicable, 1,000 voters, and each district in which three voting machines or eight electronic system voting devices are to be used shall contain, as nearly as is practicable, 1,500 voters.

    Nothing herein shall prevent any election district from containing [a less number of] fewer voters than prescribed above, if necessary for the convenience of the voters.

    In a district where more than two voting machines or five electronic system voting devices are to be used, two additional members of the district board, who shall not be members of [opposite] the same political [parties] party, shall be appointed for each additional voting machine or system.

(cf: P.L.1976, c.83, s.3)

 

    2. R.S.19:6-2 is amended to read as follows:

    19:6-2. a. Any legal voter (1) who is a member of a political party by virtue of having voted in a party primary or who shall have filed a party declaration form for the ensuing primary election for the general election with the commissioner of the county in which the voter is registered and who, for [2] two years prior to making written application, has not espoused the cause of another political party or its candidates, or (2) who is not affiliated with a political party may make written application for service as a member of a district board of any municipality in the county in which he or she resides on a form to be prepared and furnished for that purpose by such board and signed by him or her and stating thereon, under the applicant's oath, the applicant's name and address and the political party to which he or she belongs or, if the applicant is not affiliated with a political party, the fact that the applicant is not so affiliated, and that [said] the applicant is of good moral character and has not been convicted of any crime involving moral turpitude and possesses the following qualifications, namely: such eyesight as will enable the applicant, with or without eyeglasses, to read nonpareil type; ability to read the English language readily; ability to add and subtract figures correctly; ability to write in a legible hand with reasonable facility; reasonable knowledge of the duties to be performed by the applicant as an election officer under the election laws of this State and such health as will permit the applicant to discharge his or her duties as such election officer.

    b. No person shall be precluded from applying to serve as a member of a district board of any municipality for failure to vote in any year such person was ineligible to vote by reason of age or residence.

(cf: P.L.1981, c.257, s.1)

 

    3. R.S.19:6-3 is amended to read as follows:

    19:6-3. The county board shall, on or before April 1, appoint the members of the district boards. The members of any district board shall be equally apportioned between the two political parties which at the last preceding general election held for the election of all of the members of the General Assembly cast the largest and next largest number of votes respectively in this State for members of the General Assembly, except that if the county board is unable to fill all of the positions of the members of a particular district board from among qualified members of those two political parties, the county board shall appoint to any such unfilled position an otherwise qualified person who is unaffiliated with any political party, but in no event shall more than two such unaffiliated persons serve at the same time on any district board.

    In case the county board shall neglect or refuse to appoint and certify the members of the district boards as herein provided, the Assignment Judge of the Superior Court shall, before April 10 in each year, make such appointments and certifications.

(cf: P.L.1991, c.91, s.239)

 

    4. R.S.19:6-5 is amended to read as follows:

    19:6-5. Any member of a district board in an election district may be summarily removed from office, with or without cause, and vacancies filled, at any time by the members of the county board of the county in which such election district is located in the manner hereinafter provided. [Such] In the case of a member of the district board who was appointed as a member of a political party, removal shall be made by the members of the county board of [the same] that political party [of the person so removed], and [upon] in the case of a member of the district board unaffiliated with a political party at the time of appointment, removal shall be made by the county board. Upon a removal the members of the county board so acting shall make a certificate of removal and file same with the county board.

    The members of the county board removing such election officer shall forthwith proceed to fill the vacancy caused by the removal, and shall issue to the person selected to fill the vacancy a certificate which shall entitle that person to perform all the duties of a member of the district board for such election district.

(cf: R.S.19:6-5)

 

    5. R.S.19:6-10 is amended to read as follows:

    19:6-10. Each district board shall, on or before the second Tuesday next preceding the primary election, meet and organize by the election of one of its members as judge, who shall be chairman of the board, and another of its members as inspector. [Such] The judge and inspector shall not be members or voters of [different] the same political [parties] party. In case of failure to elect a judge as herein provided, after balloting or voting three times, the senior member of the board in respect to length of continuous service as a member of such district board shall become judge, and in case of failure to elect an inspector after balloting or voting three times, the next senior member of the board in respect to length of continuous service as a member of such district board shall become inspector; provided, that both the chairman and the inspector shall not be members or voters of the same political party. The other [two] members of the board shall be clerks of election, and shall perform all the duties required by law of the clerks of district boards.

(cf: P.L.1946, c.11, s.4)

 

    6. Section 2 of P.L.1944, c.230 (C.19:31A-8) is amended to read as follows:

    2. Every person qualified to vote in any election shall at any time after the opening of the polls be at liberty to enter the polling place or room and claim his right to vote at such election in his proper district, and he shall claim such right in person before the district board in the district. The board shall permit no person to vote whose name does not appear in the signature copy register of its election district. Each voter in claiming the right to vote shall first give his full name and address to the member of the district board having charge of the duplicate permanent registration binder and voting record and the signature comparison record. Such clerk shall thereupon locate the permanent registration form and voting record and signature comparison record of the voter and shall require the voter to thereupon sign his name in the proper space on his signature comparison record if the voter has previously signed his name on the line marked sample signature. If the voter has not so signed the member of the district board shall require the voter to sign the line marked sample signature and compare the sample signature with the signature made by such person at the time he registered and if satisfied that they were made by one and the same person he shall then permit the voter to sign his name in the proper space on the signature comparison record. The voter shall sign his name without assistance using black ink in the proper column on the signature comparison record. Such signature being completed on the signature comparison record the member of the board having charge of the duplicate permanent registration binder shall audibly and publicly announce the name of the claimant and if the member of the board has ascertained from the duplicate permanent registration binder that the claimant is registered as a qualified voter and upon comparison the member of the board is satisfied that the signature of the claimant and the sample signature on the signature copy register has been made by one and the same person, the member of the board who compared the signature of the voter shall place his initials in the proper column on the signature comparison record signifying that he has made such comparison and is satisfied that the signature of the claimant and sample signature has been made by one and the same person; whereupon the voter shall be eligible to receive a ballot unless it be shown to the satisfaction of a majority of the members of the district board that he is not entitled to vote in the district or has otherwise become disqualified.

    In addition to signing the signature comparison record and after the comparison of the signature with the signature in the register, a person offering to vote at a primary election for the general election shall announce his name and the party primary in which he wishes to vote.

    After a person has voted, the member of the district board having charge of the signature copy register shall place the number of the person's ballot in the proper column on the record of voting form of such person, which number shall constitute a record that the person has voted. In the case of a primary election for the general election such member of the district board shall also place in the proper column on the record of voting form the first three letters of the name of the political party whose primary ballot such person has voted.

    No person shall be required to sign the signature comparison record as a means of identification if he shall have been unable to write his name when he registered, or if, having been able to write his name when registered, he subsequently shall have lost his sight or lost the hand with which he was accustomed to write or shall by reason of disease or accident be unable to write his name when he applies to vote, but each such person who alleges his inability to sign his name on the signature comparison record shall establish his identity as follows: one of the members of the district board shall read the same list of questions to the voter as were required upon registration, such questions shall be provided at each election by the commissioner of registration and are to be known as "identification statements for election day." The member of the board shall write the answers of the voter upon the identification statement. These statements shall be inserted in the front of the duplicate registry binders, at each election, and shall be numbered serially from one to twenty.

    Each statement shall contain the same questions as the voter was required to answer upon registration. The questions answered upon registration shall not be turned to or inspected until the answers to the questions shall have been written on election day by the member of the board.

    At the end of each list of questions shall be printed the following statement: "I certify that I have read to the above named voter each of the foregoing questions and that I have duly recorded his answers as above to each of said questions"; and the member of the board who has made the above record shall sign his name to such certificate and date the same, and note the time of day of making such record. If the answers to the questions asked of the voter on election day agree with the answers given by him to the same questions at the time he registered, he shall then be eligible to receive a ballot. Any person who shall permit or attempt to furnish the answers on behalf of the voter shall be guilty of a misdemeanor. The commissioner of registration shall furnish sufficient identification statements for each election district in each county. The statements shall be printed on sheets approximately ten by sixteen inches and shall contain a margin of approximately two inches for binding and shall be inserted in the front of the duplicate registry binders each election and shall be in substantially the following form:


IDENTIFICATION STATEMENT FOR ELECTION DAY, 19



Affidavit

Number



Name of Voter



What is, or was your father's full name?



What is, or was your mother's full name?



Are you Married or Single?

Where Did You Actually Reside Prior to Taking Up Your Present Residence? State Floor and Character Premises.

I Certify that I Have Read to the Elector Each of the Foregoing Questions and That I Have Truly Recorded His Answer to Each of the said Questions

1A

 

 

 

 

 

Signature of Member of the Board of Registry and Election.

2A

 

 

 

 

 

Signature of Member of the Board of Registry and Election.

3A

 

 

 

 

 

Signature of Member of the Board of Registry and Election.

4A

 

 

 

 

 

Signature of Member of the Board of Registry and Election.

5A

 

 

 

 

 

Signature of Member of the Board of Registry and Election.

6A

 

 

 

 

 

Signature of Member of the Board of Registry and Election.

7A

 

 

 

 

 

Signature of Member of the Board of Registry and Election.

8A

 

 

 

 

 

Signature of Member of the Board of Registry and Election.

9A

 

 

 

 

 

Signature of Member of the Board of Registry and Election.

10A

 

 

 

 

 

Signature of Member of the Board of Registry and Election.

11A

 

 

 

 

 

Signature of Member of the Board of Registry and Election.

12A

 

 

 

 

 

Signature of Member of the Board of Registry and Election.

13A

 

 

 

 

 

Signature of Member of the Board of Registry and Election.

14A

 

 

 

 

 

Signature of Member of the Board of Registry and Election.

15A

 

 

 

 

 

Signature of Member of the Board of Registry and Election.

16A

 

 

 

 

 

Signature of Member of the Board of Registry and Election.

17A

 

 

 

 

 

Signature of Member of the Board of Registry and Election.

18A

 

 

 

 

 

Signature of Member of the Board of Registry and Election.

19A

 

 

 

 

 

Signature of Member of the Board of Registry and Election.

 


    At any election any person who declares under oath and establishes to the satisfaction of a majority of all the members of the district board, that by reason of an inability to read or write, blindness or other physical disability he is unable to mark his ballot without assistance, shall have the assistance of two members of the board, who shall not be members of [opposite] the same political [faith] party, to be assigned by the board, in preparing his ballot. Such members shall retire with such voter to the booth and assist him in the preparation of his ballot and folding the same. The member acting as clerk of the district board shall make an entry on a disability certificate for assistance, which entry shall be in the form of an oath and be inserted in the front of the duplicate registry binders each election.

    In every instance when such oath was administered to a voter as herein provided, it shall state briefly what facts were sworn to and the names of the members of the board who aided such voter. Any members of the district board shall be eligible to witness the preparation of the ballot of any such voter, but no other person shall be allowed to assist him in marking his ballot or to witness the marking of the same. No member of the board shall reveal the name of any person for whom such voter has voted or anything that took place while he was being assisted.

    Such voter, if blind, disabled, or unable to read or write, may, in lieu of the assistance of the board as above provided, have assistance of some person of his own selection in preparing his ballot. Such person shall retire with such voter to the booth and assist him in the preparation of his ballot and folding the same. The name and address of such person shall be recorded as above. In such case, no other person than the one so selected by the voter shall be allowed to assist such voter in marking his ballot or witness the marking of the same. No person so selected shall reveal the name of any person for whom such voter has voted or anything that took place while he was being assisted.

    The disability certificates shall be numbered serially one to twenty. The commissioner of registration shall furnish sufficient disability certificates for assistance for each election district in his county. The disability certificates for assistance shall be printed on sheets approximately ten by sixteen inches and shall contain a margin of approximately two inches for binding and shall be in substantially the following form:


DISABILITY CERTIFICATES FOR ASSISTANCE

                        1

To.............................No................

     (Name of Voter.) (Voter's No.)

Do you solemnly swear (or affirm) that you are

....................................................................

             (physical disability.)

(*Blindness) ...............................................

and that by reason thereof, you are unable to enter and remain in a booth, or prepare your ballot therein for voting at this election, without assistance; so help me God.

..........................................................................

      Name of member of Board of Registry and Election taking oath.

Must be signed by 2 members

 of Board of Registry and {.........................

Election not of [opposite] same political {.........................

party assisting voter.

                    *........................................................

                      Name of voter assisting blind voter.

                      .........................................................

                      Address of voter assisting blind voter.


 

2

To.............................No................

     (Name of Voter.) (Voter's No.)

Do you solemnly swear (or affirm) that you are

...................................................................

             (physical disability.)

(*Blindness) ...............................................

and that by reason thereof, you are unable to enter and remain in a booth, or prepare your ballot therein for voting at this election, without assistance; so help me God.

..........................................................................

      Name of member of Board of Registry and Election taking oath.

Must be signed by 2 members

 of Board of Registry and {.........................

Election not of [opposite] same political {.........................

party assisting voter.

                    *........................................................

                      Name of voter assisting blind voter.

                      .........................................................

                      Address of voter assisting blind voter.


 

7

To.............................No................

     (Name of Voter.) (Voter's No.)

Do you solemnly swear (or affirm) that you are

....................................................................

             (physical disability.)

(*Blindness) ...............................................

and that by reason thereof, you are unable to enter and remain in a booth, or prepare your ballot therein for voting at this election, without assistance; so help me God.

..........................................................................

      Name of member of Board of Registry and Election taking oath.

Must be signed by 2 members

 of Board of Registry and {.........................

Election not of [opposite] same political {.........................

party assisting voter.

                    *........................................................

                      Name of voter assisting blind voter.

                      .........................................................

                      Address of voter assisting blind voter.


 

8

To.............................No................

     (Name of Voter.) (Voter's No.)

Do you solemnly swear (or affirm) that you are

....................................................................

             (physical disability.)

(*Blindness) ...............................................

and that by reason thereof, you are unable to enter and remain in a booth, or prepare your ballot therein for voting at this election, without assistance; so help me God.

..........................................................................

      Name of member of Board of Registry and Election taking oath.

Must be signed by 2 members

 of Board of Registry and { ........................

Election not of [opposite] same political {.........................

party assisting voter.

                    *........................................................

                      Name of voter assisting blind voter.

                      .........................................................

                      Address of voter assisting blind voter.

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

3

To.............................No................

     (Name of Voter.) (Voter's No.)

Do you solemnly swear (or affirm) that you are

....................................................................

             (physical disability.)

(*Blindness) ...............................................

and that by reason thereof, you are unable to enter and remain in a booth, or prepare your ballot therein for voting at this election, without assistance; so help me God.

..........................................................................

      Name of member of Board of Registry and Election taking oath.

Must be signed by 2 members

 of Board of Registry and {.........................

Election not of [opposite] same political {.........................

party assisting voter.

                    *........................................................

                      Name of voter assisting blind voter.

                      .........................................................

                      Address of voter assisting blind voter.


 

4

To.............................No................

     (Name of Voter.) (Voter's No.)

Do you solemnly swear (or affirm) that you are

....................................................................

             (physical disability.)

(*Blindness) ...............................................

and that by reason thereof, you are unable to enter and remain in a booth, or prepare your ballot therein for voting at this election, without assistance; so help me God.

..........................................................................

      Name of member of Board of Registry and Election taking oath.

Must be signed by 2 members

 of Board of Registry and {.........................

Election not of [opposite] same political {.........................

party assisting voter.

                    *........................................................

                      Name of voter assisting blind voter.

                      .........................................................

                      Address of voter assisting blind voter.


 

9

To.............................No................

     (Name of Voter.) (Voter's No.)

Do you solemnly swear (or affirm) that you are

....................................................................

             (physical disability.)

(*Blindness) ...............................................

and that by reason thereof, you are unable to enter and remain in a booth, or prepare your ballot therein for voting at this election, without assistance; so help me God.

..........................................................................

      Name of member of Board of Registry and Election taking oath.

Must be signed by 2 members

 of Board of Registry and {.........................

Election not of [opposite] same political {.........................

party assisting voter.

                    *........................................................

                      Name of voter assisting blind voter.

                      .........................................................

                      Address of voter assisting blind voter.


 

10

To.............................No................

     (Name of Voter.) (Voter's No.)

Do you solemnly swear (or affirm) that you are

....................................................................

             (physical disability.)

(*Blindness) ...............................................

and that by reason thereof, you are unable to enter and remain in a booth, or prepare your ballot therein for voting at this election, without assistance; so help me God.

..........................................................................

      Name of member of Board of Registry and Election taking oath.

Must be signed by 2 members

 of Board of Registry and {.........................

Election not of [opposite] same political {.........................

party assisting voter.


                    *........................................................

                      Name of voter assisting blind voter.

                      .........................................................

                      Address of voter assisting blind voter.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5

To.............................No................

     (Name of Voter.) (Voter's No.)

Do you solemnly swear (or affirm) that you are

....................................................................

             (physical disability.)

(*Blindness) ...............................................

and that by reason thereof, you are unable to enter and remain in a booth, or prepare your ballot therein for voting at this election, without assistance; so help me God.

..........................................................................

      Name of member of Board of Registry and Election taking oath.

Must be signed by 2 members

 of Board of Registry and {.........................

Election not of [opposite] same political {.........................

party assisting voter.

                    *........................................................

                      Name of voter assisting blind voter.

                      .........................................................

                      Address of voter assisting blind voter.


 

6

To.............................No................

     (Name of Voter.) (Voter's No.)

Do you solemnly swear (or affirm) that you are

....................................................................

             (physical disability.)

(*Blindness) ...............................................

and that by reason thereof, you are unable to enter and remain in a booth, or prepare your ballot therein for voting at this election, without assistance; so help me God.

..........................................................................

      Name of member of Board of Registry and Election taking oath.

Must be signed by 2 members

 of Board of Registry and {.........................

Election not of [opposite] same political {.........................

party assisting voter.

                    *........................................................

                      Name of voter assisting blind voter.

                      .........................................................

                      Address of voter assisting blind voter.


 

11

To.............................No................

     (Name of Voter.) (Voter's No.)

Do you solemnly swear (or affirm) that you are

....................................................................

             (physical disability.)

(*Blindness) ...............................................

and that by reason thereof, you are unable to enter and remain in a booth, or prepare your ballot therein for voting at this election, without assistance; so help me God.

..........................................................................

      Name of member of Board of Registry and Election taking oath.

Must be signed by 2 members

 of Board of Registry and {.........................

Election not of [opposite] same political {.........................

party assisting voter.

                    *........................................................

                      Name of voter assisting blind voter.

                      .........................................................

                      Address of voter assisting blind voter.


 

12

To.............................No................

     (Name of Voter.) (Voter's No.)

Do you solemnly swear (or affirm) that you are

....................................................................

             (physical disability.)

(*Blindness) ...............................................

and that by reason thereof, you are unable to enter and remain in a booth, or prepare your ballot therein for voting at this election, without assistance; so help me God.

..........................................................................

      Name of member of Board of Registry and Election taking oath.

Must be signed by 2 members

 of Board of Registry and {.........................

Election not of [opposite] same political {.........................

party assisting voter.

                    *........................................................

                      Name of voter assisting blind voter.

                      .........................................................

                      Address of voter assisting blind voter.

 

 


 


 


    The commissioner of registration in each county shall furnish sufficient certificates of signature comparison records for each election district in his county to be filled in and signed at the close of the polls by the members of the district board. A blank space shall also be provided for on the certificate for the signatures of the members of the election board. Under said certificate there shall also be printed the word "Remarks" together with a number of blank lines. The commissioner shall insert one of such certificates in the front of the signature copy register in each election district in the county. At primary elections the certificate shall be in substantially the following form:

 

PRIMARY ELECTION

CERTIFICATION OF SIGNATURE COMPARISON RECORD

    The undersigned constituting the district board of election in the County of ........ in the ......................... (City, Town, Township, Borough or Village) ................ Ward ........ District hereby certify that (........) (Figures) is the correct total of the number of names of voters who actually signed the signature comparison records and voted in the DEMOCRATIC PRIMARY ELECTION held on the ........ day of ........ 194... .

    And hereby certify that (........) (Figures) is the correct total of the number of names of voters who actually signed the signature comparison records and voted in the REPUBLICAN PRIMARY ELECTION held on the ........ day of ........, 194... . DISTRICT ............. Judge ........................... Clerk. BOARD OF ............. Inspector ........................ Clerk. ELECTION

Remarks: ...................................................................... ............................................................................... ............................................................................... ............................................................................... ............................................................................... .............................................................................

    At all other elections the certificates shall be in substantially the following form:

 

CERTIFICATION OF SIGNATURE COMPARISON RECORD

    The undersigned constituting the district board of election in the County of ........ in the ...................................... (City, Town, Township, Borough or Village) ................. Ward ........ District hereby certify that (........) (Figures) is the correct total of the number of names of voters who actually signed the signature comparison records and voted in the ............................................ (General, Special or other Election as the case may be) election held on the ........ day of ........, 194..... . DISTRICT ............. Judge ........................... Clerk. BOARD OF ............. Inspector ........................ Clerk. ELECTION

Remarks: ...................................................................... ............................................................................... ............................................................................... ............................................................................... ............................................................................... .............................................................................

 

    After each election the commissioner of registration shall remove from the binders the identification statements, the disability certificates for assistance, and certifications of signature comparison records and shall preserve them in his office in a suitable place for a period of two years.

(cf: P.L.1985, c.20, s.1)

 

    7. R.S.19:52-1 is amended to read as follows:

    19:52-1. The district boards of each election district shall meet at the polling place three-quarters of an hour before the time set for opening of the polls at each election and shall proceed to arrange the furniture, stationery and voting machine or machines for the conduct of the election. The district boards shall then and there have the voting machine, ballots and stationery required to be delivered to them for such election by the officials charged by law with that duty. If not previously done, they shall insert in their proper place on the voting machine the ballots containing the names of offices to be filled at such election and the names of candidates nominated therefor.

    The keys to the voting machine shall be delivered to the district election officers in any manner that the county board of elections or the superintendent of elections or the municipal clerk, as the case may be, having custody of voting machines, may determine, at least three-quarters of an hour before the time set for opening the polls, in a sealed envelope, on which shall be written or printed the number and location of the voting machine, the number of the seal with which it is sealed, the number of the green seal with which the emergency ballot box is sealed, and the number registered on the protective counter or device, as reported by the custodian.

    The envelope containing the keys shall not be opened until at least [one member] two members of the board [from each] who are not members of [two] the same political [parties] party shall be present at the polling place and shall have examined the envelope to see that it has not been opened. Before opening the envelope all election officers present shall examine the number on the seal on the machine and the number registered on the protective counter, and shall ascertain if they are the same as the numbers written on the envelope; and if they are not the same, the machine must not be opened until such county board of elections or such superintendent of elections or such municipal clerk, as the case may be, after due notice of such discrepancy, shall have caused such machine to be re-examined and properly arranged by any person or persons employed or appointed pursuant to [section 19:48-6 of this Title] R.S.19:48-6. If the numbers on the voting machine seal and the protective counter are found to agree with the numbers on the envelope, the district election officers shall proceed to open the doors concealing the counters, and each district election officer shall carefully examine every counter and ascertain whether or not it registers zero (000), and the same shall be subject to the inspection of official watchers.

    In addition, each district election officer shall carefully examine the emergency ballot box to ascertain whether or not it is properly sealed with a numbered green seal and examine the number to ascertain if it is the same as the number written on the voting machine key envelope. If the numbers are not the same, the county board of elections, the superintendent of elections, or the municipal clerk, as the case may be, shall be notified of the discrepancy.

    The machine shall remain locked against voting until the polls are formally opened and shall not be operated except by voters in voting. If any counter is found not to register zero (000) the district board shall immediately notify such county board of elections or such superintendent of elections or such municipal clerk, as the case may be, who shall, if practicable, cause such counter to be adjusted at zero (000) by any person or persons employed or appointed pursuant to [section 19:48-6 of this Title] R.S.19:48-6. If it shall be impracticable for such person or persons to arrive in time to so adjust such counter before the time set for opening the polls, the district election officers shall immediately make a written statement of the designating letter and number of such counter, together with the number registered thereon, and shall sign and post same upon the wall of the polling room, where it shall remain throughout election day, and in filling out the statement of canvass, they shall subtract such number from the number registered thereon at the close of the polls.

(cf: P.L.1992, c.3, s.8)

 

    8. R.S.19:52-5 is amended to read as follows:

    19:52-5. Immediately upon the close of the polls, the district election officers shall lock and seal the voting machine against further voting and open the counter compartment in the presence of persons who may be lawfully present at that time, giving full view of the counters. The judge of the district board, under the scrutiny of a member of such board who is not a member of [a different] the same political party as the judge, shall then in the order of the offices as their titles are arranged on the machine, read and announce in distinct tones the result as shown by the counters, and shall then read the votes recorded for each office on the irregular ballots. He shall also, in the same manner, read and announce the vote on each constitutional amendment, proposition or other question. As each vote is read and announced, it shall be recorded in two statements of canvass by two other members of such district board who are not members of [opposite] the same political party, and when completed the record thereof shall be compared with the numbers on the counters of the machine. If found to be correct, the result shall be announced by the judge of such board and the statement of canvass, after being duly certified, shall be filed as now provided by law for filing election returns. After the reading and announcing of the vote and before the doors of the counter compartment of the voting machine shall be closed, ample opportunity shall be given to any person or persons lawfully present to compare the results so announced with the counters of the machine and any necessary corrections shall then and there be made by such district board. No tally sheets nor return blanks as required by law for use in election districts where paper ballots are used shall be furnished or used in election districts where voting machines are used, but in lieu thereof there shall be furnished two copies of a statement of canvass to conform to the requirements of the make and type of voting machine or machines being used.

(cf: R.S.19:52-5)

 

    9. Section 7 of P.L.1973, c.82 (C.19:53A-7) is amended to read as follows:

    7. a. Thirty minutes before the opening of the polls the local district election officers shall arrive at the polling place, place the voting devices in position for voting, and examine them to see that they have the correct ballot labels by comparing them with the sample ballots, and are in proper working order. They shall open and check the ballot cards, supplies, records and forms, and post the sample ballots and instructions to voters.

    b. Each voter requesting assistance shall be instructed how to operate the voting device before he enters the voting booth. If he needs additional instruction after entering the voting booth and requests assistance, two members of the district board who are not members of [opposite] the same political [parties,] party may if necessary enter the booth and give him additional instructions.

    c. The district election official attending the voting machine shall inspect the face of the machine and the ballot at least once per hour to see that the face of the machine and the ballot are in their proper place and that neither has been mutilated, defaced, tampered with or changed and that the machine has not been changed.

    d. After the voter has marked his ballot cards, he shall place the ballot card inside the envelope provided for this purpose and return it to the election officer, who shall remove the stub, place it on a file string, and deposit the envelope with the ballot card inside in the ballot box. No ballot card from which the stub has been detached shall be accepted by the election official in charge of the ballot box, but it shall be marked "Spoiled" and placed with the spoiled ballot cards.

    e. Any voter who spoils his ballot card may return it enclosed in the envelope and secure another. The word "Spoiled" shall be written across the face of the envelope, which shall be placed on the same string with the stubs.

    f. As soon as the polls have been closed and the last qualified voter has voted, all unused ballot cards shall be placed in a container and sealed for return to the board of elections. The ballot box shall be opened and any write-in votes counted, unless these votes are to be counted by duly appointed bipartisan tabulating teams at the counting center. Before write-in votes are counted they shall be compared with votes cast on the ballot card for the same office. If the voter has cast more votes for an office than he is entitled to vote for, the vote for that office shall be declared null and void and that vote shall not be counted for that office. Votes cast for duly nominated candidates on the ballot card will not be voided because of an invalid write-in vote, but if otherwise valid shall be counted. The voted ballot cards shall next be placed in the ballot card container for delivery to the counting center, and the voting devices shall be placed in their containers for returning to the county board of elections.

    g. The district board election officers shall prepare a report of the number of voters who have voted, as indicated by the poll list, the number of write-in votes and any other votes counted by the district board and the number of spoiled ballots, and shall place the original copy of this report in the ballot card container for delivery to the counting center, which thereupon shall be sealed so that no additional ballot cards may be deposited or removed. Such container shall be durably constructed so as to be resistant to fire, water and tampering. The duplicate copy of said report shall be returned to the county election board with other records. Two district election board officers [one] who are not members of [each opposite] the same political party [as in this act defined] shall forthwith deliver the ballot card container to the counting center or other place designated by the county board. The county board may, in its discretion, direct that ballots be delivered to one or more collection points from which points the ballots shall be transported collectively to the counting center by two duly appointed deputies who are not members of [opposite] the same political [parties] party. The district board shall receive a receipt before releasing the ballots to said deputies.

(cf: P.L.1975, c.316, s.5)

 

    10. Section 8 of P.L.1973, c.82 (C.19:53A-8) is amended to read as follows:

    8. a. Prior to the start of the count of the ballots, each county board of elections shall have the automatic tabulating equipment tested to ascertain that it will accurately count the votes cast for all offices and on all measures. Public notice of the time and place of the test shall be given at least 48 hours prior thereto by publication once in three or more daily or weekly newspapers published in the county or jurisdiction where such equipment is used, if a newspaper is published therein, otherwise in a newspaper of general circulation therein; said newspapers shall be selected so as to give the widest possible notice to the voters of said county and one of said newspapers shall be the newspaper or one of the newspapers in which legal notices of the county are required to be published. The test shall be conducted by processing a preaudited group of ballot cards so punched as to record a predetermined number of valid votes for each candidate and on each measure, and shall include for each office one or more ballots which have votes in excess of the number allowed by law in order to test the ability of the automatic tabulating equipment to reject such votes. In such test a different number of valid votes shall be assigned to each candidate for an office, and for and against each measure. If any error is detected, the cause therefor shall be ascertained and corrected and an errorless count shall be made and certified to by the county board of elections before the count is started. The tabulating equipment shall pass the same test at the conclusion of the count before the election returns are approved as official. On completion of the count, the programs, test materials, and ballot cards arranged by districts shall be sealed and retained as provided for paper ballots.

    b. All proceedings at the counting center shall be under the direction of the county board of elections or persons designated by it; there shall always be two persons in charge[, one from each opposite] who shall not be members of the same political party [as in this act defined]; and all proceedings shall be conducted under the observation of the public, but no persons except those authorized for the purpose shall touch any ballot card or return. All persons who are engaged in processing and counting of the ballots shall be deputized and take an oath that they will faithfully perform their assigned duties. If any ballot card is damaged or defective so that it cannot properly be counted by the automatic tabulating equipment, a true duplicate copy shall be made and substituted for the damaged ballot card. All duplicate ballot cards shall be clearly labeled "duplicate," and shall bear a serial number which shall be recorded on the damaged or defective ballot card. The damaged or defective ballot card as well as the "duplicate" shall be preserved with the other ballot cards. During the count the election officer or board in charge may from time to time release unofficial returns. Upon completion of the count the official returns shall be open to the public.

    c. The return of the automatic tabulating equipment, to which have been added the write-in and absentee votes, shall, after being duly certified by the county board of elections, constitute the official return of each election district.

    d. If for any reason it becomes impracticable to count all or a part of the ballot cards with tabulating equipment, the county board of elections may direct that they be counted manually, following as far as practicable the provisions governing the counting of paper ballots contained in Title 19 of the Revised Statutes.

(cf: P.L.1975, c.316, s.6)

 

    11. (New section) A vacancy or vacancies in the membership of any district board of elections existing on the effective date of P.L. , c. (now pending before the Legislature as this bill) may be filled in accordance with the provisions of R.S.19:6-3 as amended by section 3 thereof, but for the unexpired term only.

 

    12. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill provides that, if the county board of elections is unable to fill all of the positions of the members of a particular district board from among qualified members of the principal political parties, as presently required by law, the county board shall appoint to that district board to each such unfilled position an otherwise qualified person who is unaffiliated with any political party. In no event would more than two such unaffiliated persons be permitted to serve at the same time on any district board.

 

                             

 

Authorizes appointment to district board of elections of up to two members unaffiliated with a political party.