Draft Pre-Election Day Voting Procedures
Section 1. Pre-Election Day Voting
a. The Commission on Elections shall establish procedures to allow any registered voter of New Jersey to vote prior to Election subject to the following minimum requirements.
b. The Commission on Elections shall design, print and distribute a uniform pre-Election Day request to vote form and these forms shall be available to the public at all county boards of elections and registration agencies. These forms shall be available by written or electronic request and may be delivered by written or electronic methods.
c. The Commission on Elections shall establish deadlines for filing a pre-Election Day request to vote form, but shall not set a deadline earlier than 7 days prior to the date of the Election.
Source: N.J.S.A. 19:57-1 et seq.
COMMENT
This section replaces existing absentee ballot law that requires a civilian voter to state a reason why that voter cannot appear at the poll on Election Day. Because the law applies to voters physically present in the state on Election Day, the term “absentee” is a misnomer. The Commission elected to dispense with the requirement that a voter provide a reason to obtain an absentee ballot since, as a practical matter, election officials did not subject the request form to a merit review. The liberalized absentee ballot is more accurately described as a procedure to cast a ballot prior to Election Day. Persons covered by federal law, military and overseas voters, are treated separately in Section 6 since federal law defines these terms and sets minimum requirements.
Section 2. Approving or Rejecting a Pre-Election Day Vote Request
a. A voter who wants to vote by pre-Election Day ballot shall complete and sign pre-Election Day request to vote form requesting either a written ballot or permission to vote in person at the county board of elections. The form shall be mailed or delivered to the county board of elections for the county in which the voter is registered. A voter may request to vote by pre-Election Day ballot for all elections within one calendar year on a single form.
b. The county board of elections shall approve a pre-Election Day request to vote form if the form is signed by the voter, the voter is registered, qualified by law to vote.
c. If, approved, the board of elections shall mark the voter registration record of the voter to show that the voter has opted to cast a pre-Election Day ballot. Except as prescribed by federal law, that voter shall not be permitted to vote in person at the polls on Elections Day.
d. If the county board of elections rejects the request, it shall inform the voter of the reason and provide an opportunity for the voter to challenge that decision.
Source: N.J.S.A. 19:57-10.
COMMENT
This section specifies the requirements that a request to vote prior to Election Day is granted if the voter is registered, otherwise qualified by law to vote and eligible to vote in the particular election for which the request is made. A voter who is granted the option to vote prior to Election Day is barred from voting in person at the polls.
Section 3. Pre-Election Day Voting Procedure
a. The board of elections shall print and distribute a pre-Election Day ballot in a form approved by the Commission on Elections and identical to the ballot used on the day of Election. The ballot shall be available at least 48 days prior to the date of the Election.
b. The Commission on Elections shall establish procedures to permit in-person pre-Election Day voting at designated places where the voter may vote by using an approved voting machine rather than a paper ballot.
Source: N.J.S.A. 19:57-4.1, 5, and 8.
COMMENT
This section omits from the statute the specific requirements as to the content of the request form and the ballot and the methods by which voters may obtain a request form and cast a ballot. Since an objective of election law reform is the reduction of paper ballots, this section requires the Commission on Elections to develop procedures to allow voters to cast a pre-Election Day ballot by machine at designated offices.
Section 4. Verifying the Legitimacy of a Paper Ballot
a. The Commission on Elections shall establish procedures to ensure the secrecy of pre-Election Day ballot submitted to a county board of elections, and to ensure that the voter voting by pre-Election Day ballot is the registered voter whose request to vote prior to the date of Election was granted. The Commission may use an inner and outer envelope whereby the inner envelope contains the voter’s marked paper ballot, is signed and sealed and placed in the outer envelope for delivery to the approved office.
b. In cases where the voter casts a pre-Election Day ballot at a designated voting machine, the Commission shall apply the same methods of voter identification used at a polling place on Election Day.
Source: N.J.S.A. 19:57-17, 19, 20, 21, 22, 23 and 24.
COMMENT
This section replaces the statutory requirements for handling absentee ballots. It leaves the details to the regulations of the Commission on Elections. However, it imposes the standards of secrecy and verification.
Section 5. Counting the Pre-election Day Vote.
Every pre-Election Day ballot received by an approved office prior to the close of the Election Day shall be counted unless that voter has died prior to the close of the Election Day or that vote is challenged.
Source: N.J.S.A. 19:57-26, 30.
COMMENT
This section follows existing law.
Section 6. Pre-Election Day Voting by Persons Covered under Federal Law
a. The Commission on Elections shall establish procedures to comply with the Uniformed and Overseas Citizens Absentee Act, or successor federal law, and to meet the non-mandatory recommendations of that Act to simplify and facilitate the request and submission of absentee ballots for use by absent uniform services voters.
b. Persons covered by subsection (a) shall be entitled to vote by absentee ballot in all elections held in this state provided they meet the requirements to vote in any particular elections.
Source: New
COMMENT
New Jersey has adopted the Federal Post Card Application to permit absent uniform services voters and overseas voters to cast their ballots absentee. 42 U.S.C. 1973ff. The UOCAVA was amended by P.L. 107-107; 2001, 115 Stat. 1012. The Commission shall continuously review and conform registration and absentee procedures for voters covered by the UOCAVA.
Section 7. Rule Making Authority
The Commission on Elections shall adopt rules to implement the requirements of this Chapter.
Source: New
COMMENT
The Commission on Elections must develop rules defining the mechanics of implementing the pre-Election Day ballot procedures.
ELECTION – DRAFT TENTATIVE REPORT FEBRUARY 11, 2002 – PREELECTION VOTING – PAGE 3
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