S1457

SENATE, No. 1457

STATE OF NEW JERSEY

INTRODUCED SEPTEMBER 19, 1996

By Senator BASSANO

An Act concerning emergency ballots, revising parts of the statutory law, and supplementing P.L.1992, c.3 (C.19:53B-1 et seq.).

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

1. 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] plain white emergency ballot 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.

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

2. R.S.19:48-7 is amended to read as follows:

19:48-7. If any voting machine being used in any election district shall, during the time the polls are open, become damaged so as to render it inoperative in whole or in part, the election officers shall immediately give notice thereof to the county board of elections or the superintendent of elections or the municipal clerk, as the case may be, having custody of voting machines, and such county board of elections or such superintendent of elections or such municipal clerk, as the case may be, shall cause any person or persons employed or appointed pursuant to section 19:48-6 of this Title to substitute a machine in perfect mechanical order for the damaged machine. At the close of the polls the records of both machines shall be taken and the votes shown on their counters shall be added together in ascertaining and determining the results of the election. During any period when a voting machine is inoperative, emergency ballots made as nearly as possible in the form of the official ballot shall be used in accordance with the provisions of [this amendatory and supplementary act,] P.L.1992, c.3 (C.19:53B-1 et al.), received by the election officers, and placed by them in an emergency ballot box as provided in [this amendatory and supplementary act,] P.L.1992, c.3 (C.19:53B-1 et al.)[, and shall be counted with the votes registered on the voting machines]. The result of the count of votes registered on the voting machines shall be declared and recorded by the district board on its statement of canvass the same as though there had been no accident to the damaged voting machine.

The emergency ballots [thus] voted shall be preserved [and returned] with a statement [setting forth how and] indicating why, when, and how many of the same were voted. [The original statement shall be filed with the county or municipal clerk, as the case may be; a copy of the statement shall be filed with the commissioner of registration; and an additional copy shall be placed in the emergency ballot box.] The statement for use in all elections except primary elections shall be in the following form:

....... ELECTION

STATEMENT FOR EMERGENCY PAPER BALLOTS VOTED

This statement must be completed by all election district board workers present when a voting machine malfunctions and emergency paper ballots are issued and voted. R.S.19:48-7.

This is to certify that voting machine no. ....... became inoperative at .......AM, ....... PM. We further certify that ....... emergency paper ballots were issued and voted during the time the voting machine assigned to Election District No. ....... in .................... (municipality) was inoperative. The last voting authority given out before the voting machine became inoperative was no. ........ This .................... day of .................... 19 ........

TO BE COMPLETED ONLY IF VOTING MACHINE IS REPLACED

Voting machine no. ....... was replaced by voting machine no........ at ....... AM, .......PM.

The next voting authority given out after the voting machine was replaced was no. ..........

TO BE COMPLETED WHEN VOTING MACHINE HAS BEEN REPAIRED AND IS READY TO RECEIVE VOTES

Voting machine no. ....... was repaired at ....... AM, .......PM.

The next voting authority given out after the voting machine was repaired was no. ..........

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

Signature of Judge Signature of Clerk

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

Signature of Inspector Signature of Clerk

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

Municipality Signature of Voting

Machine Technician

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

Ward

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

District

The statement for use in the primary election shall be in the following form:

PRIMARY ELECTION

STATEMENT FOR EMERGENCY PAPER BALLOTS VOTED

This statement must be completed by all election district board workers present when a voting machine malfunctions and emergency paper ballots are issued and voted. R.S.19:48-7.

This is to certify that voting machine no. ....... became inoperative at .......AM, ....... PM. We further certify that ....... emergency paper ballots were issued and voted during the time the voting machine assigned to Election District No. ....... in .................... (municipality) was inoperative. The last voting authorities given out before the voting machine became inoperative were REPUBLICAN NO. ........, DEMOCRATIC NO. ........

This .................... day of .................... 19 .......

TO BE COMPLETED ONLY IF VOTING MACHINE IS REPLACED

Voting machine no. ....... was replaced by voting machine no........ at ....... AM, .......PM.

The next voting authorities given out after the voting machine was replaced were REPUBLICAN NO......, DEMOCRATIC NO.......

TO BE COMPLETED WHEN VOTING MACHINE HAS BEEN REPAIRED AND IS READY TO RECEIVE VOTES

Voting machine no. ....... was repaired at ....... AM, .......PM.

The next voting authorities given out after the voting machine was repaired were REPUBLICAN NO. ........, DEMOCRATIC NO. ........

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

Signature of Judge Signature of Clerk

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

Signature of Inspector Signature of Clerk

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

Municipality Signature of Voting

Machine Technician

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

Ward

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

District

If a voting machine fails to operate on multiple occasions during a single election, a STATEMENT FOR EMERGENCY PAPER BALLOTS VOTED shall be completed on each occasion when the machine fails to operate.

Emergency ballots voted shall be canvassed and counted, and the result thereof recorded and certified, in the manner prescribed by

sections 22 through 28 of P.L.1992, c.3 (C.19:53B-13 through -19).

(cf: P.L.1992, c.3, s.7)

3. Section 10 of P.L.1992, c.3 (C.19:53B-1) is amended to read as follows:

10. a. The county clerk or the municipal clerk, in the case of a municipal election, shall prepare for each election district an emergency ballot box packet which shall include: (1) the appropriate number of emergency ballots[,]; (2) the appropriate number of [pre-punched single-hole] plain white envelopes, [and] each of a size sufficient to accommodate the enclosure of an emergency ballot; (3) a large manila envelope, measuring not less than 10 inches in width and 16 inches in length, upon the front of which shall be printed "EMERGENCY BALLOTS VOTED" in prominent lettering and also the type and date of the election and the name of the municipality and the number of the ward (if any) and election district; (4) two tally sheets, each with a carbon duplicate copy attached; and (5) a suitable number of copies of the form of statement for emergency ballots voted as prescribed by R.S.19:48-7, each such copy having a carbon duplicate copy attached. The custodian of the voting machines shall prepare and place in each emergency ballot box an emergency ballot box packet and an envelope containing a numbered white seal and a numbered red seal. The envelope shall contain, on its face, the instructions for the use of the seals, the number and the election district location of the voting machine to which the ballot box is attached, and the identification numbers of the white and red seals that were placed in the envelope. The emergency ballot box shall be sealed with a numbered green security seal before being shipped to each election district as provided in R.S.19:48-6.

In addition to the materials provided in the emergency ballot box packet as hereinabove prescribed, the county clerk or municipal clerk, as appropriate, shall prepare for and provide to each election district a copy of a statement that no emergency ballots were voted, which statement shall be of the following form:

.................. ELECTION

NO EMERGENCY BALLOTS VOTED

(This statement must be completed by the members of the district board at the closing of the polls when no emergency ballots have been voted in the election district.)

The undersigned hereby certify that at the .............. (insert type of election) election held on this day of ...................... (insert date) in this election district, no emergency ballots were voted.

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

Signature of Judge Signature of Clerk

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

Signature of Inspector Signature of Clerk

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

Municipality

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

Ward

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

District

This form of statement that no emergency ballots were voted in an election shall not be included in the contents of the emergency ballot box packet or otherwise transmitted to the district board inside the emergency ballot box, but shall be transmitted to the board with other election supplies.

b. For the primary for the general election, the emergency ballots shall be printed on paper of a color that matches the color of the voting authority, which shall indicate the party primary of the voter. The emergency ballots shall be uniform in size, quality and type and of a thickness that the printing thereon cannot be distinguished from the back of the paper, and without any mark, device or figure on the front or back other than as provided in [this amendatory and supplementary act,] P.L.1992, c.3 (C.19:53B-1 et al.).

The clerk of the county or municipality having custody of the emergency ballots shall prepare each emergency ballot [package] box packet with a minimum of 30 emergency ballots for each political party. If the clerk determines, based upon the number of registered voters with party affiliations, that an election district shall require more than 30 emergency ballots per party primary, additional emergency ballots shall be delivered to that election district.

c. For [the general] any election other than the primary election the emergency ballots shall be printed on paper of the color of the voting authority. The emergency ballots shall be uniform in size, quality and type and of a thickness that the printing thereon cannot be distinguished from the back of the paper, and without any mark, device or figure on the front or back other than as provided in [this amendatory and supplementary act] P.L.1992, c.3.

The clerk of the county or municipality shall prepare each emergency ballot [package] box packet with a minimum of 30 emergency ballots. If the clerk determines that an election district shall require more than 30 emergency ballots based on the number of registered voters, additional emergency ballots shall be delivered to that election district.

(cf: P.L.1992, c.3, s.10)

4. Section 11 of P.L.1992, c.3 (C.19:53B-2) is amended to read as follows:

11. a. The board shall not permit other emergency ballots to be used at an election except the emergency ballots which are provided for by [this amendatory and supplementary act,] P.L.1992, c.3 (C.19:53B-1 et al.). It shall confine the distribution and use of the emergency ballots to the polling room and election district in the manner herein directed, and shall not distribute emergency ballots, other than official sample emergency ballots as herein provided, outside the polling place or election district.

b. The board shall not keep emergency ballots or [pre-punched single-hole] plain white emergency ballot envelopes to enclose emergency ballots cast during the election in a polling booth or, if a polling booth is unusable, in the area designated for voters to mark the emergency ballot.

c. The board shall cause each booth or voting area in a polling place to be kept provided with sufficient lead pencils to enable the voters to mark their emergency ballots.

d. The county board of elections shall prepare complete written instructions regarding the procedures for the use of the emergency ballot boxes for each district board member. The board members shall be orally instructed on the procedures for the use of emergency ballots at the training classes held for the board members.

(cf: P.L.1992, c.3, s.11)

5. Section 13 of P.L.1992, c.3 (C.19:53B-4) is amended to read as follows:

13. If it becomes necessary to use the emergency ballot box, and if the numbers on the green seal and the voting machine key envelope were identical when previously examined as provided in R.S.19:52-1, the judge of the district board shall remove the emergency [ballots] ballot box packet and the envelope containing the numbered white and red seals from the box; shall open the envelope, remove the seals, compare the numbers on the seals with those on the face of the envelope, and note on the envelope any discrepancies; shall place the red seal back in the envelope and return the envelope to the ballot box; and shall, in an open and public manner, exhibit the emergency ballot box so that those present may see that the box is now empty except for the envelope containing the numbered red seal. The judge shall close and re-seal the emergency ballot box with the numbered white seal removed from the envelope in the box, leaving open the aperture in the lid thereof. If the numbers on the green seal and the voting machine key envelope were not identical when previously examined as provided in R.S.19:52-1 but the appropriate county board of elections, superintendent of elections, or municipal clerk, as the case may be, has authorized the use of the emergency ballot box, the emergency ballot box may be opened and handled in the manner prescribed above. If the appropriate county board, superintendent, or municipal clerk, as the case may be, has not yet authorized the use of the emergency ballot box, the appropriate county board, superintendent, or municipal clerk shall again be notified and the emergency ballot box shall not be opened until that county board, superintendent, or municipal clerk authorizes the use of the box.

(cf: P.L.1992, c.3, s.13)

6. Section 14 of P.L.1992, c.3 (C.19:53B-5) is amended to read as follows:

14. After the district board ascertains that a voter is properly registered and qualified to vote, the member of the board charged with maintaining the signature copy register shall require the voter to sign the signature copy register and shall have the voter sign the part of the two-part perforated voting authority that shall remain bound in the pad. The member shall record the voting authority number in the proper column of the signature copy register, except that in a primary for the general election, the member shall also record the party primary in which the voter voted.

In the proper columns, the voter shall sign the reverse side of the signature copy register and the board member shall initial the signature of the voter.

After the voter signs the voting authority, the member of the board in charge of the signature copy register shall give the voter the unsigned portion of the two-part voting authority. The voter shall return that portion to the district election board member in charge of the operation of the voting machine at that time. The member shall place each authority in consecutive order on a string or wire prior to furnishing a voter with an emergency ballot and a plain white [single-hole punched] emergency ballot envelope.

No emergency ballot shall be handed to a voter until there is a polling booth ready for occupancy or, if a booth is unusable, the area designated for voters to mark the emergency ballot is ready. If a voting area is used, the voter shall be provided with a privacy screen at the same time that the emergency ballot is provided.

The inspector shall instruct the voter how to place the voted emergency ballot into the [pre-punched single-hole] plain white emergency ballot envelope.

(cf: P.L.1992, c.3, s.14)

7. Section 18 of P.L.1992, c.3 (C.19:53B-9) is amended to read as follows:

18. If any voter to whom any official emergency ballot has been handed spoils or renders the same unfit for use, the voter shall return the emergency ballot and the [pre-punched single-hole] plain white emergency ballot envelope to a district board member. The voter shall be furnished with another emergency ballot and envelope. No more than two official emergency ballots shall be furnished to a voter, except at the discretion of the board members.

The district board members shall preserve each spoiled emergency ballot and place that ballot in the [pre-punched single-hole] plain white emergency ballot envelope and the district board member shall write "SPOILED" across both the front and back of the envelope. On the "SPOILED" white envelope each district board member shall sign and date the signature of the member. Immediately thereafter, the "SPOILED" white envelope shall be sealed and placed in the emergency ballot box.

(cf: P.L.1992, c.3, s.18)

8. Section 19 of P.L.1992, c.3 (C.19:53B-10) is amended to read as follows:

19. After voting the emergency ballot and before leaving the polling booth or the designated voting area, as the case may be, the voter shall place the voted emergency ballot in the [pre-punched single-hole] plain white emergency ballot envelope. The voter shall seal the envelope and shall retain custody of the envelope until the member of the board having charge of the voting machine at that time is ready to accept the envelope.

(cf: P.L.1992, c.3, s.19)

9. (New section) If any emergency ballots were voted in the election district at the election, then upon the closing of the polls, the district board shall, in full view of all of the members thereof and of all other persons then present in the polling place: break the numbered white seal with which the emergency ballot box has been sealed and open the emergency ballot box; remove singly from that ballot box each envelope containing a voted emergency ballot, including "spoiled" ballots if any, and count the total number of such envelopes, noting separately at the same time how many of those emergency ballot envelopes are marked "spoiled"; count the number of emergency ballots not voted; verify that the total of the number of envelopes containing voted emergency ballots including spoiled ballots and the number of emergency ballots not voted is equal to the number of emergency ballots provided to the district board; place the envelopes containing voted emergency ballots, including "spoiled" ballots, together with the two blank tally sheets with carbon duplicates attached and a copy of any statement for emergency ballots voted that was completed by the district board during the election, in the large manila envelope marked "EMERGENCY BALLOTS VOTED" and seal that envelope; place any emergency ballots not voted, any unused emergency ballot envelopes, and the original of any statement for emergency paper ballots voted and report of replacement or repair prescribed by R.S.19:48-7 that the board completed during the election, together with any unused forms of that statement with carbon duplicate copies attached, in the emergency ballot box; and seal that ballot box with the red seal provided.

If no emergency ballots were voted in the election district at the election, then upon the closing of the polls, the judge of the district board shall complete the form of statement, provided to the board under section 10 of P.L.1992, c.3 (C.19:53B-1), that no emergency ballots were voted. The judge and each of the other members of the district board shall sign the statement.

The envelope containing the voted emergency ballots or the completed, signed statement that no emergency ballots were voted, as the case may be, shall be delivered to the municipal clerk, who shall issue to the district board a receipt therefor stating that the municipal clerk acknowledges receipt from the board of the envelope or statement, as appropriate. Upon receipt of the envelopes or statements for all of the election districts within the municipality, the municipal clerk shall deliver those envelopes and statements to the county board of elections, which shall issue to the municipal clerk a receipt therefor. The county board shall thereupon proceed to canvass the emergency ballots so received from the municipal clerk.

10. Section 22 of P.L.1992, c.3 (C.19:53B-13) is amended to read as follows:

22. In canvassing the emergency ballots, the [district] county board shall count the votes as follows:

a. If proper marks are made in the squares provided for the names of any candidates in any column and the total number voted for, for each office, does not exceed the number of candidates to be elected to each office, a vote shall be counted for each candidate so marked.

b. If proper marks are made in the squares provided for any names of any candidates in any column, a vote shall be counted for each candidate so marked; but if the [district] county board canvassing the emergency ballots, or [the county board,] a judge of the Superior Court or other judge or officer conducting a recount thereof, shall be satisfied that the placing of the marks to the left and right of the names was intended to identify or distinguish the emergency ballot, then the emergency ballot shall not be counted and shall be declared null and void.

c. If no marks are made in the squares provided for the names of any candidates in any column, but are made to the right of the names, a vote shall not be counted for the candidates so marked, but shall be counted for the other candidates as are properly marked; but if the [district] county board canvassing the emergency ballot, or [the county board,] a judge of the Superior Court or other judge or officer conducting a recount thereof, shall be satisfied that the placing of the marks to the right of the names was intended to identify or distinguish the emergency ballot, the emergency ballot shall be declared null and void.

d. Where the name of any person is written in the column designated personal choice, and a cross x, plus + or check  appears in the square provided for the name, it shall be counted as a vote for that person.

e. In the case of any public question printed on the emergency ballot where a proper mark is made in the square provided for the word "Yes," it shall be counted as a vote in favor of that public question. If a proper mark is made in the square provided for the word "No," it shall be counted as a vote against same. If no mark is made in the square provided for either the word "Yes" or "No," it shall not be counted as a vote either in favor of or against the public question. If a mark is made in each of the squares provided for both the words "Yes" and "No," it shall not be counted either as a vote in favor of or against the public question nor shall it invalidate the emergency ballot.

f. If a voter marks more names than there are persons to be elected to an office, or writes the name of any person in the column designated personal choice, whose name is printed upon the emergency ballot as a candidate under the same title of office, or the choice of the voter cannot be determined, that emergency ballot shall not be counted for that office, but shall be counted for those other offices as are properly marked.

g. If the mark made for any candidate or public question is substantially a cross x, plus + or check  and is substantially within the square, it shall be counted for the candidate or for or against the public question, as the case may be. No vote shall be counted for any candidate in any column or for or against any public question unless the mark made is substantially a cross x, plus + or check  and is substantially within the square.

(cf: P.L.1992, c.3, s.22)

11. Section 23 of P.L.1992, c.3 (C.19:53B-14) is amended to read as follows:

23. In counting the emergency ballots, the county board shall deem void all emergency ballots which are wholly blank, or on which more names have been marked for every office than there are persons to be elected to the office, and on which both "Yes" and "No" have been marked upon every public question.

No emergency ballot which shall have, either on its face or back, any mark, sign, erasure, designation or device whatsoever, other than that which is permitted by [this amendatory and supplementary act,] P.L.1992, c.3 (C.19:53B-1 et al.), by which the emergency ballot shall be distinguished from another emergency ballot shall be declared void unless the [district] county board canvassing those emergency ballots, or [the county board,] a judge of the Superior Court or other judge or officer conducting the recount thereof, shall be satisfied that the placing of the mark, sign, erasure, designation or device upon the emergency ballot was intended to identify or distinguish the emergency ballot.

No emergency ballot shall be declared invalid by reason of the fact that the mark made with ink or the mark made with lead pencil appears other than black.

No emergency ballot cast for any candidate shall be invalid by reason of the fact that the name of that candidate may be misprinted, or the Christian name or the initials of the candidate may be omitted. No emergency ballot cast for any candidate shall be invalid by reason of the use of any label permitted by [this amendatory and supplementary act,] P.L.1992, c.3 (C.19:53B-1 et al.) on which the title of office may be printed or the name of the candidate may be misprinted or part of the Christian name or surname or the initials of the candidate may be omitted, or because the voter in writing the name of the candidate may misspell the name or omit part of the Christian name or surname or the initials of the candidate.

No emergency ballot shall be declared void or invalid, by reason of having a cross x, plus + or check  appearing in a square provided for a blank space, or a space wherein no name is printed.

(cf: P.L.1992, c.3, s.23)

12. Section 24 of P.L.1992, c.3 (C.19:53B-15) is amended to read as follows:

24. In every case in which an emergency ballot shall be declared invalid, the [same, which shall be enclosed in a pre-punched single-hole plain white envelope] ballot shall not be canvassed or counted, but the plain white emergency ballot envelope in which that ballot was enclosed shall be marked "VOID" on the outside thereof, and the ballot shall be numbered [and placed in proper order on the string or wire with the valid ballots] as provided in section 26 of [this amendatory and supplementary act,] P.L.1992, c.3 (C.19:53B-17).

Emergency ballots which shall [be] have been declared invalid with respect to a part of the candidates to be voted for or public questions to be voted upon shall be canvassed, estimated and numbered with respect to the part which is not invalid and preserved as other emergency ballots [and placed in their proper order on the string or wire with the valid ballots].

(cf: P.L.1992, c.3, s.24)

13. Section 25 of P.L.1992, c.3 (C.19:53B-16) is amended to read as follows:

25. The decision of a majority of the [district] county board on any question concerning the canvass of votes cast by emergency ballot shall be deemed the decision of the board and final. If any member of the board dissents from any decision and wishes to make the dissension known to avoid any of the consequences which may result from that decision, the member may [record] direct that the dissent be recorded in the [signature copy register. The member shall sign the signature copy register to record the dissent] minutes of the meeting of the board that is held to perform that canvass or, if no such minutes are kept, in a written memorandum of record. The member shall sign the notation in the minutes or the memorandum, as the case may be, in which the dissent is recorded; the notation or memorandum shall also be signed by the chairman of the board or, if the dissenting member is the chairman of the board, by the secretary of the board. If the member fails to sign the [signature copy register] notation in the minutes or the memorandum of record, the member shall be deemed to have assented to the decision so made. Any record made under this section of the dissent of a member of the board from a decision of the board shall be retained by the board for a period of not less than two years.

(cf: P.L.1992, c.3, s.25)

14. Section 26 of P.L.1992, c.3 (C.19:53B-17) is amended to read as follows:

26. The [district] county board [members], in the actual procedure of counting the emergency ballots voted in a particular election district, shall [break the seal and] open the large manila envelope containing the plain white emergency ballot [box] envelopes in which the emergency ballots voted in that election district have been enclosed. The emergency [ballots] ballot envelopes shall be taken singly and separately therefrom by the [judge] chairman of the [election] county board. Ballot envelopes marked "SPOILED" shall be set aside and remain unopened[, and at the conclusion of counting the emergency ballots shall be placed on the string or wire after all other ballots]. The outside front of each envelope which contains a voted emergency ballot shall be numbered in consecutive order beginning with the number one. This number shall be circled. While each emergency ballot shall remain in the hands of the [judge] chairman, the [judge] chairman shall audibly and publicly read the ballot in full view of the other members of the [district] board, including the [inspector] secretary of the [district election] board. The [inspector] secretary shall verify that each emergency ballot is being correctly read by the [judge] chairman. The [remaining members] clerk of the [district election] county board shall record the votes on the tally sheets, as provided. The [district board members] clerk shall also record the number of void ballots on the tally sheets, as provided.

After the reading of an emergency ballot, including a ballot determined to be void, and before taking another emergency ballot envelope from the [box] manila envelope, the [judge] chairman of the county board shall deliver the ballot to the [inspector] secretary, who shall write on the back thereof the number of the emergency ballot in consecutive order beginning with the number one, in the order in which the same shall have been taken from the [box; and shall string the envelope that contains the emergency ballot as one ticket in the order in which the envelope was taken from the box and numbered, on the string or wire to be provided for that purpose] manila envelope.

The outside front of each envelope that contains a voided emergency ballot shall have the word "VOID" written next to the circled number.

After the votes cast by an emergency ballot have been canvassed and tallied, that ballot shall be enclosed again in the emergency ballot envelope from which it was taken for purposes of the canvass, and that envelope shall be set aside with the unopened emergency ballot envelopes marked "SPOILED".

After all the envelopes which contain the emergency ballots cast in one election district have been tallied [and strung], the emergency ballot envelopes with the emergency ballots enclosed, including envelopes marked "SPOILED", shall be returned to the [ballot box] manila envelope in which the emergency ballots for that district were delivered to the board, which envelope shall thereupon be re-sealed by adhesive tape or in such other manner as shall be reasonably necessary to ensure the security of those ballots. [All unused emergency ballots and pre-punched single-hole plain white envelopes shall also be placed in the emergency ballot box.]

(cf: P.L.1992, c.3, s.26)

15. Section 27 of P.L.1992, c.3 (C.19:53B-18) is amended to read as follows:

27. a. [The clerks] For any election district in which emergency ballots were voted, the clerk of the county board shall, upon the tally sheets for that election district provided for [that] the purpose, make a list of the names of all persons for whom one or more votes shall have been given, designating the office for which that person [shall be voted for] received such votes, and of any public questions voted upon; and as each emergency ballot shall be read, the [members] clerk shall write the figure "1" opposite the name of each person whose name is contained thereon, as designated for any office, or in the proper column designating the vote upon the public question.

b. When all the [votes which] ballots that were [cast] voted in a particular election district have been read, examined, and numbered [and strung] and the votes therein counted and canvassed, as directed, the board shall tally the votes given for each person for any office to be filled at the election or any public question and note the same upon the tally sheets for that district. The tally sheets shall be signed by all the members of the [district] county board. One of the tally sheets shall be placed with the canvassed emergency ballots in the [emergency ballot box and the emergency ballot box shall be sealed with the remaining numbered red seal] manila envelope in which those ballots were delivered to the county board for canvass. The other tally sheet shall be filed with the county clerk at the same time the statements of results of the emergency ballot canvass are delivered.

(cf: P.L.1992, c.3, s.27)

16. Section 28 of P.L.1992, c.3 (C.19:53B-19) is amended to read as follows:

28. When the [machine] tally of emergency ballots is completed, the [district] county board [members] shall certify the result of the canvass to the county clerk or the municipal clerk or other officer to whom the district board shall have certified the results of its canvass of votes cast at the election by voting machine, showing the result of the canvass by municipality and ward and by election district where appropriate, and the officer to whom those results are so certified shall record the results of the emergency ballot tally, if any ballots were voted, on the statement of canvass in the section provided and shall add the emergency ballot tally to the machine tally.

(cf: P.L.1992, c.3, s.28)

17. Section 29 of P.L.1992, c.3 (C.19:53B-20) is amended to read as follows:

29. a. When [district] the county board [members] shall have processed [both] the voted [and non-voted] emergency ballots, the ballots shall remain [sealed] re-sealed within the [box] manila envelope in which they were delivered to the board for a period of 15 calendar days, which shall begin on the first business day after the day of the election, except that if a judge of the Superior Court issues a court order to open the [box] envelope within the 15-day period, the [box] envelope shall be opened.

On the first business day after the 15-day period, the [custodian of the voting machines shall break the numbered security seals and the emergency ballot boxes shall be opened. All voted emergency ballots located within an emergency ballot box shall be removed from the box and shall be placed in a container or an envelope and sealed. The front of each container or envelope shall contain the number of the voting machine, the name of the municipality and the ward or district number where the machine was located during the election] county board shall transmit the several manila envelopes containing emergency ballots voted within the county at the late election to the commissioner of registration for the county. The commissioner of registration shall preserve the [containers or] envelopes and the contents of the [containers or] envelopes for a period of two years from the date [that] on which the election occurred.

b. With respect to emergency ballot materials remaining in the emergency ballot box after the return of the voting machines to the custodian thereof following the election, on the next business day following such return of the voting machines, the custodian shall break the numbered security seal on the box, remove the contents of the box, and place those contents into a container or envelope, the front of which shall be marked with the number of the voting machine, the name of the municipality and the number of the ward (if any) and election district in which the machine to which that ballot box was affixed was located during the election. The containers or envelopes, with their contents, shall be preserved for a period of two years from the date on which the election occurred.

(cf: P.L.1992, c.3, s.29)

18. This act shall take effect immediately but shall be inoperative until the 91st day following the date of enactment.

STATEMENT

This bill revises the law (P.L.1992, c.3) providing for the use of paper emergency ballots in an election when a voting machine has become inoperative.

The bill addresses the canvassing of emergency ballots. Under present law, the canvass of emergency ballots is performed by the district board of elections in conjunction with the board's canvass of ballots cast by machine. Under the bill, the emergency paper ballots, like the paper ballots cast by absentee voters, would be canvassed by the county boards of elections.

Transfers responsibility for canvass of emergency ballots from district board to county board of elections.