A2491

ASSEMBLY, No. 2491

STATE OF NEW JERSEY

INTRODUCED NOVEMBER 7, 1996

By Assemblymen WISNIEWSKI, ARNONE, Barnes, R.Smith, Romano, Assemblywoman J.Smith, Assemblymen Caraballo, Green, Assemblywoman Farragher, Assemblyman Impreveduto, Assemblywoman Friscia and Assemblyman Stanley

An Act providing for assistance for certain voters, amending R.S.19:14-21, R.S.19:14-25, R.S.19:23-30, R.S.19:23-35 and R.S.19:48-1 and supplementing P.L.1973, c.82 (C.19:53A-1 et seq.).

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

1. R.S.19:14-21 is amended to read as follows:

19:14-21. The county clerk shall cause samples of the official general election ballot to be printed in English, but for each election district within the county in which the primary language of 10% or more of the registered voters is Spanish, shall cause samples of the official general election ballot to be printed bilingually in English and Spanish.

a. In counties not having a superintendent of elections where the county board of elections does not have the equipment or facilities to address and mail sample ballot envelopes, the county clerk not later than noon of the eighth day prior to the general election shall furnish to the municipal clerk of each municipality in his county one and one-tenth times as many such sample ballots and stamped envelopes as there are voters registered, to enable each district board in each municipality to mail one of such sample ballots to each voter who is registered in the municipality for such election and shall take a receipt for the same from each of the municipal clerks, which receipt shall indicate the number of such sample ballots and stamped envelopes delivered by the county clerk and the date and hour of their delivery.

b. In counties having a superintendent of elections, and in other counties where the county board of elections may have the equipment or facilities to prepare a properly stamped envelope addressed to each registered voter in the county for mailing, the county clerk, not later than the thirtieth day preceding the general election, shall furnish to the commissioner of registration located in his county one and one-tenth times as many stamped envelopes as there are registered voters in the county and not later than noon of the twelfth day preceding the general election shall furnish to the commissioner of registration located in the county, one and one-tenth times as many sample ballots as there are registered voters in the county to enable the commissioner of registration of the county to mail one of such sample ballots to each voter registered in the county for such election and shall take a receipt for the same from the commissioner of registration, which receipt shall indicate the number of such sample ballots and stamped envelopes delivered by the county clerk and the date and hour of their delivery. County boards of elections which elect to operate under the provisions of this paragraph shall notify their county clerk in sufficient time to enable him to make the necessary arrangements the first year.

c. The county clerk in counties having a superintendent of elections shall also deliver to the county board not later than the twelfth day preceding the general election 10 such sample ballots of each election district of each municipality in the county.

d. Not later than the day preceding the general election, the county clerk of each county shall furnish to each district board a copy of the sample ballot for that election that is printed in braille and is otherwise identical to the ballot to be voted in the particular election district.

(cf: P.L.1974, c.30, s.2)

2. R.S.19:14-25 is amended to read as follows:

19:14-25. In counties not having a superintendent of elections where the county board of elections does not have the equipment or facilities to address and mail sample ballot envelopes, all the members of each of the district boards shall prepare and deposit in the post office, on or before 12 noon on Wednesday preceding the general election day, a properly stamped envelope containing a copy of the sample ballot printed in English, addressed to each registered voter in the district of such board at the address shown on the register, except that for districts in which the primary language of 10% or more of the registered voters is Spanish, a properly stamped envelope containing a copy of the bilingual sample ballot, addressed to each registered voter in the district of such board at the address shown on the register shall be prepared and deposited. The board shall also post the appropriate sample ballots in the polling place in its district.

The board shall return to the municipal clerk all ballots and envelopes not mailed or posted by it, with a sworn statement in writing signed by a majority of the board that all the remainder of such ballots and envelopes had been mailed.

In counties having a superintendent of elections, and in other counties where the county board of elections shall elect to operate under the provisions of subsection b. of section 19:14-21 of this Title, the commissioner of registration shall prepare and deposit in the post office on or before 12:00 o'clock noon, on the Wednesday preceding the general election day, a properly stamped envelope containing a copy of the sample ballot printed in English addressed to each registered voter in the county at the address shown on the registry, except that for districts in which the primary language of 10% or more of the registered voters is Spanish, a properly stamped envelope containing a copy of the bilingual sample ballot, addressed to each registered voter in the district of such board at the address shown on the register shall be prepared and deposited. The commissioner of registration shall return to the county clerk all ballots and envelopes not mailed or posted by him, with a sworn statement in writing signed by him that all the remainder of such ballots and envelopes have been mailed.

The county board of elections, in all counties having a superintendent of elections, and in other counties where the county board of elections shall elect to operate under the provisions of subsection b. of section 19:14-21 of this Title, shall, not later than noon of the second Monday preceding the election, deliver or mail to the members of the district board three appropriate sample ballots for their respective election district. The board shall post the appropriate sample ballots in the polling place in its district. There shall also be posted or otherwise readily available during polling hours on the day of the general election the copy of the sample ballot for that election that is printed in braille and supplied to the district board by the county clerk, pursuant to R.S.19:14-21.

(cf: P.L.1974, c.30, s.3)

3. R.S.19:23-30 is amended to read as follows:

19:23-30. a. In counties not having a superintendent of elections where the county board of elections does not have the equipment or facilities to address and mail sample ballot envelopes, the municipal clerk shall cause to be printed as herewith prescribed a sufficient number of official primary sample ballots of each political party in each election district and shall furnish a sufficient number of stamped envelopes to enable every district board to mail one copy of such ballot of each political party to each voter who is registered in the district for the primary election. The municipal clerk shall deliver to the county clerk in all counties and the county board in counties having a superintendent of elections one official primary sample ballot of each political party for each district in his municipality. The costs of printing the official primary sample ballots and the stamped envelopes therefor shall be paid by the respective municipalities.

b. In counties having a superintendent of elections, and in other counties where the county board of elections may have the equipment or facilities to prepare a properly stamped envelope addressed to each registered voter in the county for mailing, the municipal clerk shall cause to the printed as herewith prescribed a sufficient number of official primary sample ballots of each political party for each election district and shall furnish a sufficient number of stamped envelopes to enable the commissioner of registration of the county to mail one copy of such ballot of each political party to each voter who is registered in the district for the primary election. The municipal clerk shall also deliver to the county board ten official primary sample ballots of each political party for each district in his municipality. The cost of printing of the official primary sample ballots and stamped envelopes therefor shall be paid for by the respective municipalities. County boards of elections which elect to operate under the provisions of this paragraph shall notify their respective municipal clerks in sufficient time to enable them to make the necessary arrangements the first year.

c. Not later than the day preceding the primary election, the municipal clerk of each municipality shall furnish to each district board a copy of the sample ballot for that election that is printed in braille and is otherwise identical to the ballot to be voted in the particular election district.

(cf: P.L.1947, c.168, s.8)

4. R.S.19:23-35 is amended to read as follows:

19:23-35. In counties not having a superintendent of elections, where the county board of elections does not have the equipment or facilities to address and mail sample ballot envelopes, such district board shall also post three sample ballots in the polling place in its district.

The county board of elections in all counties of the first class, and in other counties where the county board of elections shall elect to operate under the provisions of subsection b of section 19:23-30 of this Title, shall, not later than noon of the second Monday preceding the primary election, deliver or mail to the members of the district board three sample ballots for their respective election district. The board shall post the sample ballots in the polling place in its district. There shall also be posted or otherwise readily available during polling hours on the day of the primary election the copy of the sample ballot for that election that is printed in braille and supplied to the district board by the municipal clerk, pursuant to R.S.19:23-30.

(cf: P.L.1952, c.61, s.2)

5. R.S.19:48-1 is amended to read as follows:

19:48-1. Any thoroughly tested and reliable voting machines may be adopted, rented, purchased or used, which shall be so constructed as to fulfill the following requirements:

(a) It shall secure to the voter secrecy in the act of voting;

(b) It shall provide facilities for such number of office columns, not less than 40 and not exceeding 60, as the purchasing authorities may specify and of as many political parties or organizations, not exceeding nine, as may make nominations, and for or against as many questions, not exceeding 30, as submitted;

(c) It shall, except at primary elections, permit the voter to vote for all the candidates of one party or in part for the candidates of one party or one or more parties;

(d) It shall permit the voter to vote for as many persons for an office as he is lawfully entitled to vote for, but no more;

(e) It shall prevent the voter from voting for the same person more than once for the same office;

(f) It shall permit the voter to vote for or against any question he may have the right to vote on, but no other;

(g) It shall for use in primary elections be so equipped that the election officials can lock out all rows except those of the voter's party by a single adjustment on the outside of the machine;

(h) It shall correctly register or record and accurately count all votes cast for any and all persons, and for or against any and all questions;

(i) It shall be provided with a "protective counter" or "protective device" whereby any operation of the machine before or after the election will be detected;

(j) It shall be so equipped with such locks as shall prevent the operation of the machine after the polls are closed;

(k) It shall be provided with a counter which shall show at all times during an election how many persons have voted;

(l) It shall be provided with a mechanical model, illustrating the manner of voting on the machine, suitable for the instruction of voters; (m) It must permit a voter to vote for any person for any office, except delegates and alternates to national party conventions, whether or not nominated as a candidate by any party or organization by providing space for writing in such names or name;

(n) It shall be equipped with a permanently affixed box or container of sufficient strength, size and security to hold all emergency ballots and pre-punched single-hole envelopes and with a clipboard and a table-top privacy screen.

All voting machines used in any election shall be provided with a screen, hood or curtain, which shall be so made and adjusted as to conceal the voter and his action while voting.

It shall also be provided with one device for each party for voting for all the presidential electors of that party by one operation, and a ballot therefor containing only the words "presidential electors for," preceded by the name of that party and followed by the names of the candidates thereof for the offices of President and Vice-President and a registering device therefor which shall register the vote cast for such electors when thus voted collectively.

At least one voting machine per election district shall be furnished with a template or other such device readily attachable to and detachable from the face of the machine as needed that conforms to the layout of the ballot to be voted by the machine and the position on the ballot of the offices for which elections are being held and any public questions that may be voted on, provides for each of these offices and questions braille indicators of the content of the ballot including instructions to the voter, and allows when attached to the machine for access by the voter to the mechanism for voting the ballot.

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

6. (New section) During every election, each polling place shall have readily available for any voter who is blind or visually impaired:

a. The copy of the sample ballot for that election that is printed in braille, as provided by the county clerk pursuant to R.S.19:14-21 or by the municipal clerk pursuant to R.S.19:23-30, to identify the candidates in that election and any public questions that may be voted in favor of or against and the location of each on the ballot; and

b. A voting device that has been furnished with instructions to the voter in braille for the voting of the ballot, and a template or other such device that is readily attachable to and detachable from the mechanism on the voting device that the voter is to use to vote the ballot and allows when attached to the voting device for a means by which by the voter may use the voting device to vote the ballot.

Members of the district boards shall provide each blind or visually impaired voter the assistance necessary to locate and use the sample ballot and voting device as provided for by this section.

7. The Legislature shall appropriate from the General Fund to the several county clerks and county boards of elections of each county and the municipal clerks of each municipality such funds as shall be deemed necessary to effectuate the purposes of this act.

8. This act shall take effect on January 1 following enactment.

STATEMENT

The purpose of this bill is to enable blind or visually impaired voters to vote at a polling place on the day of an election with greater independence than is possible at present.

Under current law, such a voter may vote by absentee ballot with the assistance of a family member or friend, or at in voting booth with the assistance of two members of the district board of elections from opposing political parties.

Under the bill, a blind or visually impaired voter would be able to go to the polling place for the voter's election district and consult a copy of the sample ballot for that election printed in braille to identify the candidates in that election and any public questions and the location of each on the ballot. Then the voter could vote in a voting booth using a voting machine or device which has a template or other device conforming to the layout of the ballot that contains braille indicators of any public questions and the offices for which elections are being held.

The bill provides for an appropriation to the several county clerks and the county boards of elections of each county and to the municipal clerks of each municipality of such amounts as shall be deemed necessary to effectuate the purposes of the bill.

Provides that certain balloting materials be printed in braille to assist blind and visually impaired voters to vote; provides for an appropriation.