SENATE, No. 2216

STATE OF NEW JERSEY

INTRODUCED JUNE 23, 1997

By Senators BASSANO and CONNORS

An Act concerning absentee ballots and amending P.L.1953, c.211.

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

    1. Section 2 of P.L.1953, c.211 (C.19:57-2) is amended to read as follows:

    2. Whenever used in this act, the following terms shall, unless the context indicates otherwise, be construed to have the following meanings:

    "Absentee ballot" means any military service ballot or civilian absentee ballot as herein defined.

    "Absentee voter" means any person qualified to vote a military service ballot or a civilian absentee ballot under the provisions of this act.

    "Armed Forces of the United States" means any branch or department of the United States Army, Navy, Air Force, Coast Guard or Marine Corps.

    "Civilian absentee ballot" means a ballot for use by a civilian absentee voter as prescribed by this act.

    "Civilian absentee voter" means any qualified and registered voter of the State who expects to be absent from the State on the day of any election and any qualified and registered voter who will be within the State on the day of any election but because of illness or physical disability, including blindness or pregnancy, or because of the observance of a religious holiday pursuant to the tenets of his religion, or because of resident attendance at a school, college or university, or because of the nature and hours of his employment, or because of personal business, including caring for an ailing family member, relative or friend, vacationing in another part of the State or attending a special event, ceremony or meeting, will be unable to cast his ballot at the polling place in his election district on the day of the election.

    "Election," "general election," "primary election for the general election," "municipal election," "school election," and "special election" shall mean, respectively, such elections as defined in the Title to which this is a supplement (R.S.19:1-1 et seq.).

    "Family member" means an adult who is a spouse, parent, child, grandparent, grandchild or sibling of a voter, whether by adoption or natural relationship. It shall also include any adult occupant regularly living with a voter in any residential building or part of a building intended for the use of no more than one family.

    "Incapacitated absentee voter" means a voter who, due to incapacity, is unable to complete his ballot.

    "Military service" means active service by any person, as a member of any branch or department of the United States Army, Navy, Air Force, Coast Guard or Marine Corps, or as a member of the maritime or merchant marine service, or as a reservist absent from his place of residence and undergoing training under Army, Navy, Air Force, Coast Guard or Marine Corps direction, at a place other than that of such person's residence.

    "Military service voter" means a qualified elector under the Constitution and the laws of this State who comes within one of the following categories:

    (a) Persons in the military service and their spouses and dependents.

    (b) Patients in a veterans' hospital located in any place other than the place of their residences who have been in the military service in any war in which the United States has been engaged and have been discharged or released from such service.

    (c) Civilians attached to or serving with the Armed Forces of the United States without this State and their spouses and dependents when residing with or accompanying them.

    "Military service ballot" means a ballot for use by a military service voter as prescribed by this act.

    "Member of the maritime or merchant marine service" means any person employed as an officer or crew member of a vessel documented under the laws of the United States, or a vessel owned by the United States, or a vessel of foreign-flag registry under charter to or control of the United States or enrolled with the United States for employment or training for employment, or maintained by the United States for emergency relief service as an officer or crew member of any such vessel or any such person as otherwise defined in section 107 of Pub.L.99-410, the "Uniformed and Overseas Citizens Absentee Voting Act," (42 U.S.C.1973ff-6).

(cf: P.L.1995, c.278, s.22)

    2. Section 3 of P.L.1953, c.211 (C.19:57-3) is amended to read as follows:

    3. The following persons shall be entitled to vote by absentee ballot in any election to be held in this State, in the manner hereinafter provided:

    A military service voter who may be absent on the day on which such election is held from the election district in which he resides, whether such person is within or without this State in the case of a military service voter as defined in paragraph (a) or (b) of section 2, or without this State and within or without the United States in the case of any military service voter as defined in section 2, provided he has resided in this State at least 30 days and in the county in which he claims the right to vote at least 30 days counting the time he has been absent from the election district in which he resides because of the service, work, status or relationship entitling him to a military service ballot;

    A military service voter who is stationed and resident in any garrison, barrack or military or naval place or station within this State, or who resides therein as spouse or dependent of a person in the military, naval or marine service so stationed, and who claims his vote in the municipality wherein such residence is located, shall be entitled to vote by military absentee ballot in any election for which he is duly registered to cast his vote in the election district of his residence in said municipality, but not otherwise;

    A civilian absentee voter who expects to be or may be absent outside the State or the United States on the day on which an election is held or who may be within the State on the day of any election but because of permanent and total disability, or because of illness or temporary physical disability, or because of the observance of a religious holiday pursuant to the tenets of his religion, or because of resident attendance at a school, college or university, or because of the nature and hours of his employment, or because of personal business, including caring for an ailing family member, relative or friend, vacationing in another part of the State or attending a special event, ceremony or meeting, will be unable to cast his ballot at the polling place in his election district on the day of the election, provided he is a registered voter, and is not otherwise disqualified by law from voting in such election.

    This act shall be liberally construed to effectuate these purposes.

(cf: P.L.1977, c.47, s.2)

    3. Section 7 of P.L.1953, c.211 (C.19:57-7) is amended to read as follows:

    7. The county clerk of the county, in the case of any Statewide election, countywide election, or school election in a regional or other school district comprising more than one municipality; the clerk of the municipality, in the case of any municipal election or school election in a school district comprising a single municipality; and the commissioners or other governing or administrative body of the district, in the case of any election to be held in any fire district, road district, sewerage district, street lighting district, water supply district or other special district, other than a municipality, created for specified public purposes within one or more municipalities, shall publish or cause to be published the following notices in substantially the following forms:

     NOTICE TO MILITARY SERVICE VOTERS AND

      TO THEIR RELATIVES AND FRIENDS

    If you are in the military service, or the spouse or dependent of a person in military service or are a patient in a veterans' hospital or a civilian attached to or serving with the Armed Forces of the United States without the State of New Jersey, or the spouse or dependent of and accompanying or residing with a civilian attached to or serving with the Armed Forces of the United States, and desire to vote, or if you are a relative or friend of any such person who, you believe, will desire to vote in the ..................................... (school, municipal, primary, general or other) election to be held on ......................... (date of election) kindly write to the undersigned at once making application for a military service ballot to be voted in said election to be forwarded to you, stating your name, age, serial number if you are in military service, home address and the address at which you are stationed or can be found, or if you desire the military service ballot for a relative or friend then make application under oath for a military service ballot to be forwarded to him, stating in your application that he is over the age of 18 years and stating his name, serial number if he is in military service, home address and the address at which he is stationed or can be found.

    Military service voters may also apply for a military service ballot by sending a federal postcard application form to the undersigned.

    On the application for a military service ballot, military service voters may request that a military service ballot be sent for all subsequent elections held during this calendar year.

    (NOTE: MILITARY SERVICE VOTER CLAIMING MILITARY STATION AS HOME ADDRESS FOR VOTING PURPOSES MAY NOT USE MILITARY ABSENTEE BALLOT UNLESS REGISTERED TO VOTE IN THE MUNICIPALITY WHERE SUCH STATION IS LOCATED.)

    Forms of application other than federal postcard application forms can be obtained from the undersigned. Dated ............... ......................................

      (signature and title of county clerk)

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

        (address of county clerk)

     NOTICE TO PERSONS DESIRING CIVILIAN ABSENTEE BALLOTS

    If you are a qualified and registered voter of the State who expects to be absent outside the State on ...............(date of election) or a qualified and registered voter who will be within the State on ........................... (date of election) but because of permanent and total disability, or because of illness or temporary physical disability, or because of the observance of a religious holiday pursuant to the tenets of your religion, or because of resident attendance at a school, college, or university, or because of the nature and hours of employment, or because of personal business, including caring for an ailing family member, relative or friend, vacationing in another part of the State or attending a special event, ceremony or meeting, will be unable to cast your ballot at the polling place in your district on said date, and you desire to vote in the ......................... (school, municipal, primary, general, or other) election to be held on ................. (date of election) kindly complete the application form below and send to the undersigned, or write or apply in person to the undersigned at once requesting that a civilian absentee ballot be forwarded to you. Such request must state your home address, and the address to which said ballot should be sent, and must be signed with your signature, and state the reason why you will not be able to vote at your usual polling place. No civilian absentee ballot will be furnished or forwarded to any applicant unless request therefor is received not less than seven days prior to the election, and contains the foregoing information.

    Voters who are permanently and totally disabled shall, after their initial request and without further action on their part, be forwarded an absentee ballot application by the county clerk for all future elections in which they are eligible to vote. Application forms may be obtained by applying to the undersigned either in writing or by telephone, or the application form provided below may be completed and forwarded to the undersigned. Dated ................. ....................................

       (signature and title of county clerk)

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

        (address of county clerk)

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

        (Telephone No. of county clerk)

      APPLICATION FORM FOR CIVILIAN

      ABSENTEE BALLOT

    (Form to be prepared by the Secretary of State pursuant

     to section 17 of P.L.1977, c.47 (C.19:57-4.1)).

    Such notices shall be separately published prior to the 50th day immediately preceding the holding of any election.

    Notices relating to any Statewide or countywide election shall be published by the county clerk in at least two newspapers published in the county. All other officials charged with the duty of publishing such notices shall publish the same in at least one newspaper published in each municipality or district in which the election is to be held or if no newspaper be published in said municipality or district, then in a newspaper published in the county and circulating in such municipality, municipalities or district. All such notices shall be display advertisements.

(cf: P.L.1995, c.278, s.23)

    4. This act shall take effect immediately.

STATEMENT

    The purpose of this bill is to expand the conditions under which a registered voter may request and receive an absentee ballot on the day of an election.

    Specifically, the bill provides that in addition to the conditions provided by current law, a registered voter could request and receive an absentee ballot for any election because of personal business, including caring for an ailing family member, relative or friend, vacationing in another part of the State or attending a special event, ceremony or meeting.

Expands conditions under which a registered voter may request and receive an absentee ballot.