Sponsors: Assemblymen Samuel D. Thompson (R13) and Joseph V. Doria, Jr. (D31)

Summary: Establishes a nine-member Title 19 Revision Commission to review current election laws and report recommendations for revisions to the Governor and Legislature; appropriates $175,000

Comments: The duty of the Commission will be to review and revise Title 19 (Elections) of the Revised Statutes and offer the draft of a new Title 19 (Elections) to the Governor and Legislature for their consideration. Although the bill sets forth the Legislature's intent that voting be "easy" and that people be encouraged to vote, the bill is silent about accessibility of polling places and ballots to people with disabilities. Similarly, although the proposed Commission is to be made up, in part, of municipal clerks and attorneys with expertise in the area of election law, no provision is made for a person with expertise in the area of accessibility. However, since the bill provides that the Commission avail itself of information and assistance of State agencies and offices, the Council on Developmental Disabilities could offer its assistance to the Commission on the issue of accessibility.

Legislative Activity: 1/8/02 Introduced and referred to Assembly State Government Comm.

Last Session: A3597

Sponsors: Senators Garry J. Furnari (D36) and Robert W. Singer (R30)

Summary: Establishes A twelve-member "Election Law and Procedures Study Commission;" appropriates $150,000

Comments: The duty of the Commission would be to review current methods of voting as well as new and emerging voting systems to ensure due process for all voters and to prevent disenfranchisement of voters. The Commission would report findings and recommendations, including a determination of whether uniform statewide election methods are necessary. Like the similar Assembly Bill, A102, the bill makes no specific mandate that the Commission consider and report on the accessibility of polling places and ballots to people with disabilities. Similarly, although the proposed Commission is to be made up, in part, of municipal clerks and attorneys with expertise in the area of election law, no provision is made for a person with expertise in the area of accessibility. However, since the bill, like A102, provides that the Commission avail itself of information and assistance of State agencies and offices, the Council on Developmental Disabilities could offer its assistance to the Commission on the issue of accessibility.

Legislative Activity: 1/8/02 Introduced and referred to Senate State Government Committee.

Last Session: S2074, SJR27, AJR54

Related Bill: During the prior Legislative session (2000-2001), Senate Joint Resolution 27, which proposed to create the "Voting and Canvassing Technology and Procedures Study Commission," was amended in committee to include on the study commission a representative from the community of people with disabilities and their advocates. The resolution was then reported out of the Senate State Government Committee, but the Legislature took no further action on it the initiative.

Sponsors: Assemblymen Joseph J. Roberts, Jr. (D-5) and Matt Ahearn (D-38)

Summary: Establishes 11-member "Internet Voting Study Commission."

Comment: The duty of the Commission would be to study and assess the viability, accuracy, security, integrity, cost and public acceptance of an Internet voting system as a supplementary method of voting in school, municipal, primary and general elections in this State. If the Commission finds that such a system should be adopted as a supplementary method of voting in this State, it must make recommendations with respect to implementing the system.

Current Status: Senate State Government Committee

Legislative Activity:
1/8/02 Introduced and referred to Assembly State Government Committee

2/28/02 Reported out of committee with committee amendments, 2nd reading in Assembly

5/6/02 Motion to amend on Assembly floor (Pennacchio)

5/6/02 Motion to table Assembly amendments 43-33-0 (Greenwald)

5/6/02 Passed in Assembly 59-15-3

5/9/02 Received in Senate and referred to Senate State Government Committee

Last Session: A3379

Sponsors: Assemblywoman Linda R. Greenstein (D14) and Assemblymen Joseph J. Roberts, Jr. (D-5)

Summary: Creates new statute governing election law, Title 19A

Comments: This legislation would enact a new Title 19A consistent with the recommendation of the New Jersey Law Revision Commission, which conducted a detailed review of existing elections laws. The bill contains various provisions for upgrading and enhancing the accessibility of polling places, voting equipment and ballots. Moreover, the bill designates various offices that serve people with disabilities as voter registration agencies, such as offices of the Division of Developmental Disabilities, the Office of Disability Services, Division of Vocational Rehabilitation and Commission for the Blind and Visually Impaired. This could greatly facilitate registration of people with disabilities.

Action taken: Council staff wrote to the Law Review Commission and the sponsors of this legislation, noting favorably that the bill would be likely to enhance the availability of accessible polling places, voting machines and ballots. However, Council staff offered detailed suggestions to ensure that any legislation adopted would address accessibility effectively. For example, the letter suggests that the bill should expressly provide that all material utilized by the Commission on Elections or by any County Board, Superintendents or Administrators of Elections be made available in alternate formats that are accessible to people with disabilities. Moreover, staff suggests that any waivers of the requirement that polling places be accessible should be granted only on a temporary basis not to exceed one year.

Current Status: Assembly State Government Committee

Legislative Activity:
12/9/02 Introduced and referred to Assembly State Government Committee

Current Status: Senate State Government Committee

Legislative Activity: 12/09/02 Introduced and referred to Senate State Government Committee

Sponsors: Assemblymen Eric Munoz (R21) and Thomas H. Kean, Jr. (R21)

Sponsors: Senator Thomas H. Kean, Jr. (R21)

Summary: Establishes a matching grant program to assist counties in upgrading election equipment; appropriates $5 million

Comments: This bill directs the Director of the Division of Elections in the Department of Law and Public Safety to establish a matching grant program under which a county that appropriates county funds for the purpose of upgrading election equipment may apply for an equal amount of State funds for that purpose. The bill further provides that the Director of the Division of Elections would report to the Legislature and the Governor on the program's effectiveness after all grants are awarded.

Legislative Activity:
1/8/02 Introduced and referred to Assembly Appropriations Committee

1/31/02 Transferred to Assembly State Government Committee

Last Session: A3042 Reported out of committee to Assembly Appropriations Committee

Legislative Activity: 1/27/03 Introduced and referred to Senate State Government Committee

Last Session: S1956 Reported out of committee, 2nd reading in Senate Referred to Senate Budget and Appropriations Committee

Sponsor: Assemblywoman Bonnie Watson Coleman (D15)

Bill Title: "The New Jersey Electronic Voting Machine Act"

Summary: The bill would require all polling places to use electronic voting machines.

Comments: This bill provides that only electronic voting machines will be used in elections in this State. The use of mechanical voting machines, punch card electronic systems using ballot cards, and paper ballots would be prohibited, except that paper ballots could continue to be used as emergency ballots, provisional ballots or absentee ballots. The Attorney General would reimburse counties for the cost of purchasing the new machines.

Legislative Activity: 1/8/02 Introduced and referred to Assembly State Government Committee

Last Session: A3075

Sponsors: Assemblymen Wilfredo Caraballo (D29) and John J. Burzichelli (D3); Assemblywoman Linda R. Greenstein (D14); and Assemblyman David C. Russo (R40)

Summary: Implements portions of federal Help America Vote Act of 2002

Comments: The Committee substitute for this bill establishes the Federal Elections Assistance Fund, which will receive all State and federal funds authorized pursuant to the federal law. It additionally requires a State plan for the distribution of State and federal funds and creates a bipartisan committee to implement HAVA. The bill also establishes stronger voter identification requirements for new registrants and changes the statutory designation of the State' Chief Elections Officer from the Secretary of State to the Attorney General. Significantly, the bill also establishes a grievance procedure for voters who believe their rights under federal or State election laws are, have been, or will be violated. Note: The State Office of the Attorney General has developed and published a plan for HAVA implementation pursuant to the federal law.

Current Status: Passed in both houses, on Governor's desk

Legislative Activity:
1/14/03 Introduced and referred to Assembly State Government Committee

6/05/03 Reported out of committee with committee substitute, referred to Assembly Budget Committee

6/19/03 Reported out of Budget Committee with committee amendments; 2nd reading in Assembly

6/23/03 Passed in Assembly 79-0-0

6/23/03 Received in Senate w/o committee reference, 2nd reading in Senate

6/23/03 Substituted for S2348 and S2503

6/23/03 Passed in Senate and sent to Governor 38-0

Sponsor: Assemblywoman Linda R. Greenstein (D14)

Current Status: Combined with A3151; Assembly State Government Committee substitute passed both houses

Legislative Activity:
5/08/03 Introduced and referred to Assembly State Government Committee

6/05/03 Combined with A3151

Sponsors: Assemblymen Thomas H. Kean, Jr. (R 21) and David C. Russo (R-40)

Sponsors: Senators Thomas H. Kean, Jr. (R-21), Joseph Coniglio (D38), Robert E. Littell (R-24) and Walter J. Kavanaugh (R16)

Summary: Implements portions of federal Help America Vote Act (HAVA) of 2002

Comments: The purpose of this bill, entitled "The Voting Opportunity and Technology Enhancement Act," is to implement portions of the federal Help America Vote Act of 2002, (HAVA) which was signed into law in October 2002. The bill would establish a bipartisan committee responsible for holding public meetings around the State and formulating the State Plan for compliance with HAVA. (Note: The State Office of the Attorney General has developed and published a plan for HAVA implementation pursuant to the federal law.) The bill also proposes a grievance procedure in Superior Court for voters to challenge violations of State election laws. In addition, the bill would eliminate the use of punch cards and mechanical lever voting machines and would provide funds for newer machines that are easier to use and more reliable.

Current Status: Assembly State Government Committee

Legislative Activity: 1/9/03 Introduced and referred to Assembly State Government Committee

Current Status: Substituted by A3151; Assembly State Government Committee substitute passed both houses

Legislative Activity:
2/27/03 Introduced and referred to Senate State Government Committee

5/15/03 Combined with S2503; Reported out of committee with committee substitute for S2348 and S2503, 2nd reading in Senate

5/15/03 Referred to Senate Budget and Appropriations Committee

6/23/03 Substituted by A3151; Assembly State Government Committee substitute passed both houses

Sponsor: Senator Joseph Coniglio (D38)

Summary: Implements portions of federal Help America Vote Act (HAVA) of 2002

Comments: This bill establishes the Elections Assistance Fund for the purpose of receiving all State and federal funds to implement HAVA and also makes statutory changes to reflect the reassignment of responsibility for the administration of elections from the Secretary of State to the Attorney General. The bill further establishes a free-access system to permit any individual who casts an absentee or provisional ballot to ascertain whether his or her ballot was accepted for counting and, if the ballot was not accepted the reason for rejection of the ballot. The bill also proposes stronger voter identification for new voters.

Current Status: Substituted by A3151; Assembly State Government Committee substitute passed both houses

Legislative Activity:
5/08/03 Introduced and referred to Senate State Government Committee

5/15/03 Combined with S2348; Reported out of committee with committee substitute for S2348 and S2503, 2nd reading in Senate

5/15/03 Referred to Senate Budget and Appropriations Committee

6/23/03 Substituted by A3151; Assembly State Government Committee substitute passed both houses

Sponsors: Assemblymen Joseph J. Roberts, Jr. (D-5) and Matt Ahearn (D-38)

Summary: Permits voting by absentee ballots for any reason

Comment: This bill would permit any registered voter to vote by absentee ballot without being required to state a specific reason why he or she will be unable to vote at his or her assigned polling place on the day of an election. Although this would facilitate voting by people with disabilities who wish to utilize absentee ballots, it does not resolve the problem of the lack of accessible polling placing for people with disabilities who wish to cast an anonymous vote at a polling place. Additionally, it does not address the need for other modifications to make voting accessible to individuals with visual impairments who may require large print, Braille or other accessible formats. The bill passed in the Assembly on May 6, 2002 and is now pending before the Senate State Government Committee.

Current Status: Passed Assembly, pending before Senate State Government Committee

Legislative Activity:
1/8/02 Introduced and referred to Assembly State Government Committee

2/28/02 Reported out of committee, 2nd reading in Assembly

5/6/02 Passed in Assembly 62-13-2

5/9/02 Received in Senate and referred to Senate State Government Committee

Last Session: A3380

Sponsor: Senator Stephen M. Sweeney (D-3)

Summary: Permits voting by absentee ballots for any reason; requires county board of elections to contact people if absentee rejected

Comments: See comments to A543 above

Current Status: Senate State Government Committee

Legislative Activity: 1/27/03 Introduced and referred to Senate State Government Committee

Sponsor: Senator Bernard F. Kenny, Jr. (D-33)

Summary:  Designates certain people to serve as nonpartisan agents to assist absentee voters with disabilities who require assistance.

Comment: The bill eliminates the practice of people other than family members providing assistance to absentee voters. It instead requires that the Superintendent of Elections, the county board of elections, the county clerk or other responsible office must designate employees to serve as duly authorized nonpartisan agents to assist people with disabilities who wish to submit absentee ballots. The agent would assist the absentee voter to complete and return an absentee ballot for any election. The bill also changes the current statutory definition of an "incapacitated" absentee voter from a person who requires an absentee ballot "due to incapacity" to "a voter who is usually at the physical location at which he or she is registered to vote, and because of chronic illness, disability or some other medical condition rendering the voter incapacitated, is unable to complete his or her ballot without assistance from another person." Advocates may wish to recommend revisions to this definition to ensure that people who wish to vote with an absentee ballot but do not need assistance to complete the ballot are not denied this right. The provisions of this bill are based on the recommendations contained in a Hudson County Grand Jury investigation presentment regarding certain practices that occurred during the municipal election held in the city of Hoboken on May 11, 1999. Accordingly, interested parties may wish to recommend alternate means to protect against the misuse of absentee ballots. These revisions will help to ensure that the bill will not adversely affect the availability or utilization of absentee ballots by people with disabilities.

Current Status: Eligible for third reading and vote in the Senate

Legislative Activity:
1/8/02 Introduced and referred to Senate State Government Committee

11/18/02 Reported out of committee, 2nd reading in Senate

Last Session: S2181

Sponsors: Assemblyman Christopher J. Connors (R9) and Jeffrey W. Moran (R9)

Sponsors: Senators Leonard T Connors (R9) Shirley K. Turner (D15)

Summary: Promotes polling place accessibility for certain individuals; appropriates $150,000

Comments: Council on Developmental Disabilities staff were instrumental in the development and introduction of this legislation in 2002, which mandates that all polling places be accessible. The bill also sets a time limit for State waivers that allow elections to be conducted in inaccessible locations. In addition, the bill creates a process for the filing and investigation of complaints about the inaccessibility of individual polling places and creates a revolving fund in the Department of Law and Public Safety for polling place assessment and barrier removal.

Action Taken: Staff of the New Jersey Council on Developmental Disabilities wrote to the Assembly and Senate Committee chairs in January 2003 seeking their support in moving the bill out of committee so it could be posted for a vote.

Current Status: Assembly State Government Committee

Legislative Activity: 5/9/02 Introduced and referred to Assembly State Government Committee

Current Status: Senate State Government Committee