reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:62-3 - Election by mail, duties of county board of elections.

19:62-3 Election by mail, duties of county board of elections.
3. If an election by mail is authorized pursuant to section 1 of this act, P.L.2005, c.148 (C.19:62-1), the county board of elections shall:
a. consult with the county clerk and the municipal clerk with respect to the conduct of the election, as provided for in subsections d. and h. of section 2 of P.L.2005, c.148 (C.19:62-2);
b. receive all ballots for the election returned by United States mail and collect all ballots for the election which were deposited in designated places of deposit prior to the time established for the closing of the polls;
c. verify the signature of the voter on the outer envelope of each ballot returned by comparing it with the signature on that person's voter registration form, in accordance with the rules and regulations adopted by the Attorney General, and if it is determined that the voter to whom a ballot or a replacement ballot has been issued has voted more than once, not count any ballot by that voter;
d. remove the inner envelope from the outer envelope of each ballot on the day of the election and proceed with the canvass of such ballots; and
e. conduct the canvass of the ballots and the certification of the results of the election in accordance with the procedures provided for such actions in this act, P.L.2005, c.148 (C.19:62-1 et seq.) and in Title 19 of the Revised Statutes.
L.2005,c.148,s.3.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:62-4 - Election by mail, availability of voting machine accessible to disabled persons.

19:62-4 Election by mail, availability of voting machine accessible to disabled persons.
4. If an election by mail is authorized pursuant to section 1 of this act, P.L.2005, c.148 (C. 19:62-1), the superintendent of elections or the commissioner of registration, as may be appropriate, shall make certain that at least one voting machine that is fully accessible to individuals with disabilities shall be located in the office of the municipal clerk and available for use by such individuals. Other than as provided for in section 9 of P.L. 2005, c.148 (C.19:62-9), all the provisions of this Title concerning polling places shall apply to the office of a municipal clerk used for this purpose, as deemed appropriate by the Attorney General.
L.2005,c.148,s.4.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:62-5 - Replacement ballot.

19:62-5 Replacement ballot.
5. A registered voter may obtain a replacement ballot if a ballot has not been received by that person, or if it has been destroyed, spoiled or lost. A registered voter seeking a replacement ballot shall proceed to the office of the county clerk or municipal clerk to obtain such a ballot and sign a sworn statement that the ballot was destroyed, spoiled, lost or not received and present the statement to the county clerk or the municipal clerk prior to the time designated by law for the closing of the polls for that election. The county clerk and municipal clerk shall each keep a record of each replacement ballot provided.
Nothing in this section shall prevent a voter seeking a replacement ballot from obtaining such a ballot from the county clerk or municipal clerk anytime after ballots have been mailed to registered voters pursuant to subsection b. of section 2 of P.L.2005, c.148 (C.19:62-2) and before the day of the election or from mailing a replacement ballot to the county board of elections prior to the day of the election.
L.2005,c.148,s.5.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:62-6 - Statement on ballot.

19:62-6 Statement on ballot.
6. Each ballot obtained from the county clerk or the municipal clerk shall have printed or stamped on it the following statement:
ANY PERSON WHO, BY USE OF FORCE OR ANY OTHER MEANS, UNDULY INFLUENCES A VOTER TO VOTE IN ANY PARTICULAR MANNER OR TO REFRAIN FROM VOTING IS GUILTY OF A CRIME.
L.2005,c.148,s.6.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:62-7 - Ballots for primary election for general election.

19:62-7 Ballots for primary election for general election.
7. For a primary election for the general election:
a. the county clerk shall mail the ballot of a political party to each voter in the municipality who is registered as being affiliated with the political party as of the 21st day before the day of the primary election; and
b. a voter who is not affiliated with any political party who wishes to vote in the primary of a political party shall apply to the county clerk or municipal clerk in writing for the ballot of the political party in whose primary the voter wishes to vote, or designate a political party affiliation for the first time by whatever means permitted by law, and the application or designation shall be presented to the clerk through the day of the election.
L.2005,c.148,s.7.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:62-8 - Voter's actions prior to transmittal of ballot.

19:62-8 Voter's actions prior to transmittal of ballot.
8. Prior to transmitting a ballot to the county board of elections, a registered voter shall mark it and place it in the inner envelope. The inner envelope shall then be placed in the outer envelope and that envelope shall be signed and certified by the voter pursuant to instructions provided with the ballot. The voter may return the envelopes containing the marked ballot to the county board by United States mail or by depositing it at the office of the county board or any other place of deposit designated for that purpose. If the voter returns the ballot by United States mail, the voter shall provide the postage.
L.2005,c.148,s.8.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:62-9 - Open hours of office of municipal clerk on election days.

19:62-9 Open hours of office of municipal clerk on election days.
9. The office of the municipal clerk shall be open from 6:00 a.m. to 8:00 p.m. on the day of an election to provide replacement ballots or provisional ballots to voters, receive voted ballots being deposited in person by voters and permit individuals with disabilities to vote using a voting machine that is fully accessible to such individuals. During this time, such appropriate staff shall be available for election purposes at the office of the municipal clerk as may be required by the county board of elections to ensure the proper administration of the election process.
L.2005,c.148,s.9.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:62-10 - Receipt time of ballot for it to be counted, counting.

19:62-10 Receipt time of ballot for it to be counted, counting.
10. a. For a ballot to be counted, it shall be received by the county board of elections no later than the time established for the closing of the polls for that election, pursuant to subsection h. of section 2 of this act, P.L.2005, c.148 (C.19:62-2).
Nothing in this subsection shall preclude the board from starting to count the ballots it has received for an election prior to the time designated for the closing of the polls for that election.
b. A vote that is cast on a voting machine that is fully accessible to individuals with disabilities shall be counted and canvassed in the same manner as all other votes cast by voting machine pursuant to the provisions of this Title.
L.2005,c.148,s.10.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:62-11 - Criteria for a ballot to be counted.

19:62-11 Criteria for a ballot to be counted.
11. If received in a timely manner, a ballot shall be counted only if:
a. the ballot is returned in the inner envelope and the inner envelope is enclosed in the outer envelope;
b. the envelopes in which it is returned manifest no signs of tampering or improper handling;
c. the outer envelope is signed by the registered voter to whom the ballot has been issued; and
d. the signature is verified as provided in subsection c. of section 3 of this act, P.L.2005, c.148 (C.19:62-3).
L.2005,c.148,s.11.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:62-13 - Rules, regulations.

19:62-13 Rules, regulations.
13. The Attorney General shall promulgate, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be deemed necessary to effectuate the purposes of this act.
L.2005,c.148,s.13,
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:63-2 - Definitions relative to voting by mail.

19:63-2 Definitions relative to voting by mail.
2. As used in this act, unless otherwise indicated by the context:
"Election," "general election," "primary election for the general election," "municipal election," "school election," and "special election" mean, respectively, such elections as defined in 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.
"Mail-in ballot" means any ballot used by a mail-in voter to vote by mail in any election.
"Mail-in voter" means any qualified and registered voter of this State who wants to vote in any election using a mail-in ballot under the provisions of this act.
L.2009, c.79, s.2; amended 2011, c.134, s.49.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:63-3.1 - Additions to list of mail-in voters.

19:63-3.1 Additions to list of mail-in voters.
14. a. The clerk of each county shall add to the list of registered voters receiving a mail-in ballot for all future elections without further request each voter in the county who requested and received a mail-in ballot for the 2016 general election, and each voter who requested and received a mail-in ballot for any election in 2017 and 2018 by filing a mail-in ballot application following the deadline for applying for a 2016 general election mail-in ballot. Each voter so added to the list shall have the option to inform the clerk in writing that the voter does not wish to receive a mail-in ballot automatically for all future elections.
b. The county clerks shall transmit to each voter who will automatically receive such a ballot for all future elections pursuant to subsection a. of this section a notice informing the voter that he or she will automatically receive a mail-in ballot for all future elections unless the voter informs the clerk in writing that he or she does not wish to receive a mail-in ballot for all future elections, or beginning with the 2020 general election cycle, if the voter does not vote by mail in four consecutive years, then the voter shall no longer be furnished with a mail-in ballot for future elections and the voter shall be notified in writing of the change.
c. The additional direct expenditures required for the implementation of this section shall be offset pursuant to section 1 of P.L.2019, c.459 (C.19:63-29).
L.2018, c.72, s.14; amended 2019, c.265, s.1; 2019, c.459, s.2; 2022, c.68, s.2.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:63-4 - Application for mail-in ballot; authorized messenger, bearer.

19:63-4 Application for mail-in ballot; authorized messenger, bearer.
4. a. A qualified voter is entitled to apply for and obtain a mail-in ballot by authorized messenger, who shall be so designated over the signature of the voter and whose printed name and address shall appear on the application in the space provided. The authorized messenger shall be a family member or a registered voter of the county in which the application is made and shall place his or her signature on the application in the space so provided in the presence of the county clerk or the designee thereof. No person shall serve as an authorized messenger or as a bearer for more than three qualified voters in an election, except that an authorized messenger or bearer may serve as such for up to five qualified voters in an election if those voters are immediate family members residing in the same household as the messenger or bearer. No person who is a candidate in the election for which the voter requests a mail-in ballot shall be permitted to serve as an authorized messenger or bearer. The authorized messenger shall show a photo identification card to the county clerk, or the designee thereof, at the time the messenger submits the application form. The county clerk or the designee thereof shall authenticate the signature of the authorized messenger in the event such a person is other than a family member, by comparing it with the signature of the person appearing on a State of New Jersey driver's license, or other identification issued or recognized as official by the federal government, the State, or any of its political subdivisions, providing the identification carries the full address and signature of the person. After the authentication of the signature on the application, the county clerk or the designee thereof is authorized to deliver to the authorized messenger a ballot to be delivered to the qualified voter.
b. The Secretary of State shall cause to be prepared a standard authorized messenger application form, which may be included with the mail-in ballot application forms. The authorized messenger section of the application shall contain the following language above the signature of the authorized messenger: "I do hereby certify that I will deliver the mail-in ballot directly to the voter and no other person, under penalty of law."
L.2009, c.79, s.4; amended 2015, c.84, s.1; 2020, c.71, s.6.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:63-5 - Application for mail-in ballot to county clerk.

19:63-5 Application for mail-in ballot to county clerk.
5. In the case of any election, the application for a mail-in ballot shall be made to the county clerk. The county clerk shall stamp thereon the date on which the application was received in the clerk's office.
In the case of applications for overseas federal election voter ballots, as provided for in P.L.1976, c.23 (C.19:59-1 et seq.), no application shall be refused on the grounds that it was submitted too early.
In the case of voter registration forms that include a selected vote by mail option, a copy of each such form shall be transmitted to and received by the appropriate county clerk, who shall be responsible for providing mail-in ballots to each qualified voter requesting such ballots for future elections, until the voter requests otherwise in writing, or beginning with the 2020 general election cycle, if the voter does not vote by mail in four consecutive years, then the voter shall no longer be furnished with a mail-in ballot for future elections and the voter shall be notified in writing of the change.
L.2009, c.79, s.5; amended 2018, c.72, s.5; 2022, c.68, s.3.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:63-6.1 - Voter education campaign, vote by mail status; removal, change, potential.

19:63-6.1 Voter education campaign, vote by mail status; removal, change, potential.
6. Each county shall undertake a voter education campaign, through existing media such as television or newspapers, through online platforms, or by mail addressed to registered voters with vote by mail status, to inform voters about the potential of removal from permanent vote by mail status and the potential change in where a mail-in ballot is sent as provided by P.L.2022, c.68 (C.19:63-6.1 et al.). The Division of Elections within the Department of State shall establish guidelines to be distributed to the counties for the counties to follow for the purpose of carrying out the voter education campaign.
L.2022, c.68, s.6.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:63-7 - Printing of mail-in ballots.

19:63-7 Printing of mail-in ballots.
7. a. Each county clerk shall have printed sufficient mail-in ballots for each primary election for the general election, and for the general election. Along with such ballots the clerk shall also furnish inner and outer envelopes and printed directions for the preparation and transmitting of such ballots used in the election in the county. Except for any primary election for the general election, each county clerk shall ensure that the delivery envelope, which is the envelope that is used to mail the blank ballot, the outer envelope, and the inner envelope to each voter shall not contain any political affiliation or designation visible to the public on the envelope's exterior.
b. The mail-in ballots shall be printed on paper of a different color from that used for any primary or general election ballot, but in all other respects, shall be as nearly as possible facsimiles of the election ballot to be voted at the election.
L.2009, c.79, s.7; amended 2011, c.134, s.51; 2022, c.69, s.4.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:63-7.1 - Production, transmission of mail-in ballots in certain circumstances.

19:63-7.1 Production, transmission of mail-in ballots in certain circumstances.
36. a. If in the year in which the Apportionment Commission establishes new legislative districts the production and transmission of mail-in ballots for the primary or general election cannot be accomplished starting on or before the 45th day before the day of either election pursuant to section 9 of P.L.2009, c.79 (C.19:63-9), the Secretary of State shall undertake such actions as the secretary deems necessary to ensure that the ballots are produced and transmitted to mail-in voters as soon as possible after the 45th day before the election.
b. If a member of the Senate or General Assembly who is a member of a political party vacates the office prior to the expiration of the term thereof and a vacancy is created after the 70th day before the day of a general election, and due to the timing of the vacancy the production and transmission of mail-in ballots for the general election cannot be accomplished starting on or before the 45th day before the day of the election pursuant to section 9 of P.L.2009, c.79 (C.19:63-9), the Secretary of State shall undertake such actions as the secretary deems necessary to ensure that the ballots are produced and transmitted to mail-in voters as soon as possible after the 45th day before the election.
L.2011, c.37, s.36.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:63-8 - Verification of voter's signature for issuance of mail-in ballot; actions upon disapproval.

19:63-8 Verification of voter's signature for issuance of mail-in ballot; actions upon disapproval.
8. Upon receipt of a request for a mail-in ballot, the county clerk shall, with the cooperation of the commissioner of registration, cause the signature of the applicant to be compared with the signature of the person appearing on the permanent registration form, or the digitalized image of the voter's signature stored in the Statewide voter registration system, to determine from such examination, and any other available information, if the applicant is a voter qualified to cast a ballot in the election in which the voter wants to vote, and determine in case of a primary election the political party primary in which the voter is entitled to vote. The commissioner of registration, or the superintendent of elections in counties having a superintendent of elections may, at the request of the county clerk, investigate any application or request for a mail-in ballot.
If, after such examination, the county clerk is satisfied that the applicant is entitled to a ballot, the clerk shall mark on the application "Approved." If, after such examination the county clerk determines that the applicant is not entitled to a ballot, the clerk shall mark on the application "Disapproved" and shall so notify the applicant, stating the reason therefor, as required by section 5 of P.L.2004, c.88 (C.19:61-5). Notification to the applicant shall be made in writing within 24 hours of the determination of disapproval and shall state the specific reason, or reasons, for the disapproval and inform the applicant of the opportunity to challenge the disapproval by contacting the county clerk's office. The county clerk shall provide every disapproved applicant with the opportunity to (1) submit evidence either in person or via fax, postal mail or electronic mail, (2) submit a voter registration application to update signature or change name, address, or party affiliation, (3) submit a new application to vote by mail, or (4) in the case of an application disapproved for a reason related to signature verification, sign an affidavit in the presence of the county clerk, or designee, after presenting current and valid photo identification.
L.2009, c.79, s.8; amended 2020, c.71, s.8.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:63-10 - Forwarding of requests to county board of elections, lists of requests kept.

19:63-10 Forwarding of requests to county board of elections, lists of requests kept.
10. a. Each county clerk, after processing the applications for mail-in ballots requiring approval under section 8 of P.L.2009, c.79 (C.19:63-8) and furnishing the applicants with a mail-in ballot pursuant to that act, shall forward such requests, including those disapproved, to the county board of elections. Each clerk shall also keep one list of the requests received by the clerk and another list of the applicants whose applications were approved and sent mail-in ballots. Each list shall include the name and street address of each person requesting or receiving a mail-in ballot. The clerk shall update the lists each business day and they shall be made available to the public and transmitted to all election officials charged with the duty of administering this act.
b. Each county board of elections shall keep a list of the name and street address of each person who returns a voted mail-in ballot and the name and street address of each person who delivers the ballot personally to the board. The board shall update the list each business day and it shall be accessible to the public and transmitted to all elections officials charged with the duty of administering this act.
The county clerk and the county board of elections shall keep the lists required by this section starting no later than the 14th day before the day of the election and continue to do so until the day of the election.
L.2009, c.79, s.10.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:63-14 - Certification by county clerk.

19:63-14 Certification by county clerk.
14. Each county clerk shall, from time to time and prior to each election, certify in writing under oath to the commissioner of registration of the county, the names and addresses of the persons to whom mail-in ballots to be voted at such election have been delivered or forwarded pursuant to this act.
L.2009, c.79, s.14.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:63-15 - Marking of applicant's record.

19:63-15 Marking of applicant's record.
15. The commissioner of registration upon receipt of the information from the county clerk required by section 14 of P.L.2009, c.79 (C.19:63-14) shall mark the applicant's record in the Statewide voter registration system and duplicate voting record appearing on the signature copy registers as follows.
Whenever the commissioner of registration receives from the county clerk notice that a mail-in ballot has been forwarded to a voter during the time when the signature copy registers are in the custody of other election officials pursuant to current law, or are in transit to or from such officials, the commissioner shall, prior to the opening of the polls on election day, forward to each polling place a list of all such voters to whom ballots have been sent but whose duplicate voting record has not been marked in the manner herein prescribed. Such lists may be prepared in the same manner as a challenge sheet and may be included therein together with other causes for challenge. Any person whose name appears on any list or notice furnished by the commissioner of registration to the effect that such voter has received a mail-in ballot, but who wishes nevertheless to vote at the polls on the day of an election, shall be permitted to vote by provisional ballot after completing the affirmation statement attached to the envelope provided with the provisional ballot pursuant to section 7 of P.L.1999, c.232 (C.19:53C-1).
Whenever a mail-in ballot has been delivered to a voter less than seven days before an election and up to 3 p.m. of the day before the election, and the signature copy registers are in the custody of other election officials, or in transit to or from such officials, the county clerk shall prepare a master list of all such ballots, and the list shall be transmitted to the commissioner of registration in sufficient time to permit the commissioner to notify the appropriate municipal clerk. The clerk shall notify the judge of the polling place to mark the voter's record accordingly.
L.2009, c.79, s.15.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:63-17.1 - Determination of validity of mail-in ballot.

19:63-17.1 Determination of validity of mail-in ballot.
4. a. Following the attempt to cure any alleged deficiencies in a mail-in ballot pursuant to section 17 of P.L.2009, c.79 (C.19:63-17), the county board of elections shall make a final determination about whether or not the mail-in ballot alleged to be deficient shall be counted. The failure or alleged failure of any voter to cure alleged deficiencies in the voter's mail-in ballot shall not create a presumption that the vote is improper or invalid, nor shall it be considered evidence that the vote is improper or invalid.
b. Following final determination under subsection a. of this section, disputes about the qualifications of a voter to vote, or about whether or not or how any mail-in ballot shall be counted in that election, shall be referred to the Superior Court for determination.
L.2020, c.70, s.4.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:63-17.2 - Educational materials for "evaluators."

19:63-17.2 Educational materials for "evaluators."
5. a. The Secretary of State shall prepare educational materials regarding the provisions of section 17 of P.L.2009, c.79 (C.19:63-17) that all county boards of elections persons handling ballots shall be required to read or view prior to the election. The materials shall provide clear information regarding the standards for acceptance and rejection of mail-in ballots and the safe holding of all materials in the case of rejection.
b. Prior to each election, the Secretary of State shall direct all county boards of elections and their members, agents, employees, and representatives, who shall be collectively known as the "evaluators," and who are responsible for authenticating or verifying mail-in ballots pursuant to section 17 of P.L.2009, c.79 (C.19:63-17), or authenticating or verifying provisional ballots pursuant to section 19 of P.L.1999, c.232 (C.19:53C-13), to comply with the provisions of subsection c. of this section.
c. The Secretary of State and each county board of elections shall ensure that all evaluators receive, and are directed to comply with, written guidance stating as follows:
(1) when verifying signatures, evaluators shall keep in mind that everyone writes differently, and no one signs their name exactly the same way twice;
(2) some variation in signatures is to be expected;
(3) many factors can lead to signature variance, including, but not limited to, age, disability, underlying health conditions, writing implement or surface, level of concentration, and educational background;
(4) according to studies, evaluators are more likely to declare genuine signatures to be non-genuine than they are to accept a non-genuine signature as genuine, and the goal is to prevent these errors in signature verification; and
(5) evaluators shall presume that the documents were signed by the same person and shall accept a signature as valid unless there is a clear discrepancy that cannot be reasonably explained.
d. The Secretary of State shall, not later than 14 days prior to the election, publish the signature matching guidelines required under subsection c. of this section which each evaluator shall be required to follow in determining if mail-in voter signatures match.
e. The Secretary of State shall, at least 30 days prior to the election, conduct a voter education campaign to inform voters about the signature matching and ballot curing provisions established by this act, P.L.2020, c.70, which campaign shall also exhort voters to update their contact information with their respective county board of elections, including their email address and telephone number, to enable the county board to contact the voter in case the need arises for the voter to cure their ballot.
L.2020, c.70, s.5.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:63-19 - Mail-in ballot deemed valid.

19:63-19 Mail-in ballot deemed valid.
19. No mail-in ballot shall be rejected or declared invalid because it does not contain all of the names of the candidates or all of the public questions to be voted for in the election district in the election in which it is to be counted. A mail-in ballot shall be counted in determining the result of the election as to any office or public question, if the designation of the office and the name of the candidate for election to the office or the answer to such public question are indicated thereon to demonstrate the voter's choice.
L.2009, c.79, s.19.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:63-20 - Mail-in voters, certain, not permitted to vote in person.

19:63-20 Mail-in voters, certain, not permitted to vote in person.
20. a. Any person who has applied for a mail-in ballot and has had the mail-in ballot either delivered in person or forwarded by mail, and voted and returned the voted ballot to the county board, shall not be permitted to vote in person at the polling place in the voter's election district on the day of the election.
b. Any person who: (1) has applied for a mail-in ballot and not received either the ballot or an explanation for not receiving such a ballot pursuant to notification by the county clerk or from the free-access system established pursuant to section 5 of P.L.2004, c.88 (C.19:61-5) to provide such information; (2) has applied for and received a mail-in ballot and has not transmitted it to the county board of elections or given it to a bearer for delivery to the county board before the time for the opening of the polls on the day of an election; or (3) has applied for and received a mail-in ballot and has not transmitted it to the county board of elections or given it to the bearer for delivery to the county board, but appears at the polling place without the ballot and wishes to vote, shall be permitted to vote in person by provisional ballot at the polling place in the voter's election district on the day of the election.
L.2009, c.79, s.20; amended 2018, c.72, s.7.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:63-21 - Rejection of ballot mailed in by voter subsequently deceased.

19:63-21 Rejection of ballot mailed in by voter subsequently deceased.
21. Whenever the county board receives evidence that a mail-in voter who has marked and forwarded a mail-in ballot has died before the opening of the polls on the day of the election, the ballot shall be rejected by the board and retained by it in the same manner as provided by this act for other rejected ballots.
L.2009, c.79, s.21.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:63-23 - Marking in voting records of information relative to mail-in ballots.

19:63-23 Marking in voting records of information relative to mail-in ballots.
23. On an ongoing basis as each action is completed, the county clerk shall mark in the Statewide voter registration system, which will be shared with the free-access system, to show that mail-in ballots were delivered or forwarded to the respective registered voters. For each mail-in ballot that has been voted, received and counted, the board of elections shall also, by reference to the certificates removed from the inner envelopes of such ballots, place the word "Voted" in the space provided in the Statewide voter registration system and duplicate voting record for recording the ballot number of the voter's ballot in the election. For each mail-in ballot that has been voted, received and rejected pursuant to section 17 of P.L.2009, c.79 (C.19:63-17), the board of elections shall mark as "Rejected" in the Statewide voter registration system, which will be shared with the free-access system. For each of the rejected mail-in ballots where the voter provided a cure and therefore were accepted, the board of elections shall provide an additional input as "Accepted" in the Statewide voter registration system, which will be shared with the free access system. In the case of the primary election for the general election, the board shall also cause to be noted in the proper space of the Statewide voter registration system or other record of voting form the first three letters of the name of the political party primary in which such ballot was voted. The record contained in the Statewide voter registration system and of voting forms in the original permanent registration binders shall be conformed to the foregoing entries in the duplicate forms.
L.2009, c.79, s.23; amended 2011, c.134, s.57; 2020, c.70, s.6.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:63-24 - Board of elections to keep voted mail-in ballots and certifications for two years.

19:63-24 Board of elections to keep voted mail-in ballots and certifications for two years.
24. The county board of elections shall keep, for two years, all of the requests and applications for mail-in ballots, all voted mail-in ballots, and all of the certificates that have been detached or separated by them from the inner envelopes. All inner envelopes together with their certificates, and the contents of those envelopes not opened by order of the county board or Superior Court, shall also be retained for the same period by the board. The superintendent of elections in counties having a superintendent of elections and the prosecutor in all other counties shall have the authority to impound all mail-in ballots whenever the superintendent or prosecutor, as may be appropriate, shall deem such action to be necessary.
L.2009, c.79, s.24.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:63-25 - Powers exercised over mail-in voting.

19:63-25 Powers exercised over mail-in voting.
25. The county board of elections, the county clerk, the superintendent of elections and the commissioner of registration shall exercise the same powers over mail-in voting as over other voting in elections, except as otherwise provided by law.
L.2009, c.79, s.25.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:63-26 - No election held invalid due to mail-in ballots.

19:63-26 No election held invalid due to mail-in ballots.
26. No election shall be held to be invalid due to any irregularity or failure in the preparation or forwarding of any mail-in ballots prepared or forwarded pursuant to the provisions of P.L.2009, c.79 (C.19:63-1 et al.).
L.2009, c.79, s.26.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:63-27 - Ballot required to be sealed before delivery.

19:63-27 Ballot required to be sealed before delivery.
27. No person shall take a mail-in ballot from a voter or other person having custody of it for the purpose of delivering it to the county board of elections or to a postal box or post office, nor shall any voter permit any person to do so, unless the ballot is sealed in the outer envelope and the person who transports or delivers it first signs and prints his or her name on the outer envelope. No other person shall attempt to do any of the foregoing.
L.2009, c.79, s.27.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:63-28 - Violations, third degree crime; penalties.

19:63-28 Violations, third degree crime; penalties.
28. a. Any person who knowingly violates any of the provisions of P.L.2009, c.79 (C.19:63-1 et al.), or who, not being entitled to vote thereunder, fraudulently votes or attempts to vote thereunder, or enables or attempts to enable another person not entitled to vote thereunder to vote fraudulently thereunder, or who prevents or attempts to prevent by fraud the voting of any person legally entitled to vote under this act, or who shall knowingly certify falsely in any paper required under this act, or who, at any time, tampers with any ballot or document used in an election or interferes with the secrecy of the voting of any person, is guilty of a crime of the third degree, and upon conviction thereof shall be subject, in addition to such other penalties as are authorized by law, to disenfranchisement while serving a sentence of incarceration, unless and until pardoned or restored by law to the right of suffrage.
b. Any person who knowingly aids and abets another in violating any of the provisions of this section is guilty of a crime of the third degree and upon conviction thereof shall be subject, in addition to such other penalties as are authorized by law, to disenfranchisement while serving a sentence of incarceration, unless and until pardoned or restored by law to the right of suffrage.
L.2009, c.79, s.28; amended 2015, c.84, s.6; 2019, c.270, s.10.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:63-29 - "Mail-in Ballot Local Reimbursement Fund."

19:63-29 "Mail-in Ballot Local Reimbursement Fund."
1. There is created a special, non-lapsing fund in the Department of State that shall be designated the "Mail-In Ballot Local Reimbursement Fund." The fund shall be maintained as a separate account and administered by the Secretary of State. The fund shall consist of: (1) any monies appropriated by the State for the purposes of the fund; and (2) all interest and investment earnings received on monies in the fund. The fund shall be used to offset the additional direct expenditures required for the implementation of P.L.2018, c.72 and P.L.2019, c.265 and any rule or regulation issued pursuant thereto.
There shall be appropriated annually through the annual appropriations act such amounts as shall be deemed necessary for the purposes of the fund.
The clerk of each county, shall, on or before January 1 of each year following the year for which the county, or any municipality, board of education, or fire district therein, is seeking reimbursement, certify to the Department of State, in a manner prescribed by the department, the total cost incurred by the county, municipality, board of education, or fire district in implementing the provisions of P.L.2018, c.72 and P.L.2019, c.265.
L.2019, c.459, s.1.
2023 New Jersey Revised Statutes › Title 19 - Elections › Section 19:63-30 - Retroactivity.

19:63-30 Retroactivity.
6. To the extent deemed expired by the Council on Local Mandates, established by section 4 of P.L.1996, c.24 (C.52:13H-4) pursuant to Article VIII, Section II, paragraph 5 of the New Jersey Constitution, the provisions of P.L.2018, c.72 and P.L.2019, c.265 shall be accorded full force and effect retroactive to the effective dates thereof, the funding for which shall be provided as in sections 1 and 5 of this act, P.L.2019, c.459 (C.19:63-29), and section 3 of P.L.2019, c.265, to offset the additional direct expenditures required for the implementation of P.L.2018, c.72 and P.L.2019, c.265 as required under Article VIII, Section II, paragraph 5 of the New Jersey Constitution.
L.2019, c.459, s.6.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-3 - Severability

20:3-3. Severability
If any provision or clause of this act, or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of the act, which can be given effect without the invalid provision or application, and to this end, the provisions of this act are declared to be severable.
L.1971, c. 361, s. 3.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-4 - Effective date

20:3-4. Effective date
This act shall take effect immediately following the approval thereof, and shall apply to all actions instituted thereafter, and to all proceedings taken subsequent thereto in all actions pending on such effective date; except that judgments theretofore entered or awards theretofore made pursuant to law from which no appeal is pending on such effective date, shall not be affected by the provisions hereof.
L.1971, c. 361, s. 4.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-5 - Jurisdiction

20:3-5. Jurisdiction
The court shall have jurisdiction of all matters in condemnation, and all matters incidental thereto and arising therefrom, including, but without limiting the generality of the foregoing, jurisdiction to determine the authority to exercise the power of eminent domain; to compel the exercise of such power; to fix and determine the compensation to be paid and the parties entitled thereto, and to determine title to all property affected by the action.
L.1971, c. 361, s. 5.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-6 - Application of act

20:3-6. Application of act
Whenever any condemnor shall have determined to acquire property pursuant to law, including public property already devoted to public purpose, but cannot acquire title thereto or possession thereof by agreement with a prospective condemnee, whether by reason of disagreement concerning the compensation to be paid or for any other cause, the condemnation of such property and the compensation to be paid therefor, and to whom payable, and all matters incidental thereto and arising therefrom shall be governed, ascertained and paid by and in the manner provided by this act; provided, however, that no action to condemn shall be instituted unless the condemnor is unable to acquire such title or possession through bona fide negotiations with the prospective condemnee, which negotiations shall include an offer in writing by the condemnor to the prospective condemnee holding the title of record to the property being condemned, setting forth the property and interest therein to be acquired, the compensation offered to be paid and a reasonable disclosure of the manner in which the amount of such offered compensation has been calculated, and such other matters as may be required by the rules. Prior to such offer the taking agency shall appraise said property and the owner shall be given an opportunity to accompany the appraiser during inspection of the property. Such offer shall be served by certified mail. In no event shall such offer be less than the taking agency's approved appraisal of the fair market value of such property. A rejection of said offer or failure to accept the same within the period fixed in written offer, which shall in no case be less than 14 days from the mailing of the offer, shall be conclusive proof of the inability of the condemnor to acquire the property or possession thereof through negotiations. When the holder of the title is unknown, resides out of the State, or for other good cause, the court may dispense with the necessity of such negotiations. Neither the offer nor the refusal thereof shall be evidential in the determination of compensation.
L.1971, c. 361, s. 6.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-7 - Procedure in actions

20:3-7. Procedure in actions
(a) Rules of procedure.
The procedure governing the action shall be in accordance with the rules.
(b) Multiple proceedings.
The condemnation of 10 or less parcels of property lying wholly within the same county may be joined in one action; provided that a separate award, judgment and appeal shall be made, entered and taken with respect to each parcel more than 10 parcels may be joined in one action only with leave of court.
(c) Amendments.
Amended and supplemental pleadings, descriptions, surveys, plans, declarations of taking and the like, may be permitted and parties added or eliminated, in accordance with the rules.
L.1971, c. 361, s. 7.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-8 - Commencement of action

20:3-8. Commencement of action
The action shall be instituted by filing of a verified complaint in form and content specified by the rules and shall demand judgment that condemnor is duly vested with and has duly exercised its authority to acquire the property being condemned, and for an order appointing commissioners to fix the compensation required to be paid.
L.1971, c. 361, s. 8.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-9 - Process

20:3-9. Process
After the filing of the complaint, the condemnor shall issue and with due diligence, cause process to be served or published in accordance with the rules. Notice given and process served or published in accordance with the rules shall be effective to bind all condemnees.
L.1971, c. 361, s. 9.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-10 - Lis pendens

20:3-10. Lis pendens
Within 14 days after the filing of the complaint, the condemnor shall cause to be filed and recorded in the recording office, a notice of the pendency of the action, in form and content specified by the rules. Such notice shall include the title of the action; the docket number thereof, if known; the date of the commencement of the action, a description of the property and the interests therein being condemned, as set forth in the complaint; and the names and addresses of all condemnees known to the condemnor and the nature of their alleged interests in said property. The lis pendens shall be indexed by the recording official, listing the condemnees as grantors and the condemnor as grantee. In default of such record, persons acquiring an interest in or lien upon the property without actual notice of the action, shall not be bound thereby but the failure to comply with the provisions of this section shall not otherwise affect such proceedings.
L.1971, c. 361, s. 10.
2023 New Jersey Revised Statutes › Title 20 - Eminent Domain › Section 20:3-11 - Denial of authority to condemn

20:3-11. Denial of authority to condemn
Failure to deny the authority of the condemnor to condemn in the manner provided for by the rules, shall constitute a waiver of such defense. When the authority to condemn is denied, all further steps in the action shall be stayed until that issue has been finally determined.
L.1971, c. 361, s. 11.