S3766

An Act requiring school buildings to be used as polling places only in certain circumstances and amending R.S.19:8-2 and R.S.19:8-3.

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

1. R.S.19:8-2 is amended to read as follows:

19:8-2. The clerk of every municipality, on or before April 1 shall certify to the county board of every county wherein such municipality is located a suggested list of places in the municipality suitable for polling places. The county board shall select the polling places for the election districts in the municipalities of the county for all elections in the municipalities thereof, including all commission government elections in the county. The county boards shall not be obliged to select the polling places so suggested by the municipal clerks, but may choose others where they may deem it expedient. Preference in locations shall be given first to [schools and] public buildings, and last to schools which shall be selected only when other public, private, or commercial buildings are not available and accessible as a polling place, where space shall be made available by the authorities in charge, upon request, if same can be done without detrimental interruption of school or the usual public services thereof, and for which the authority in charge shall be reimbursed, by agreement, for expenses of light, janitorial and other attending services arising from such use. Each polling place selected shall be accessible to individuals with disabilities and the elderly. A polling place shall be considered accessible if it is in compliance with the federal "Americans with Disabilities Act of 1990" (42 U.S.C. s. 12101 et seq.). In no case shall the authorities in charge of a public school or other public building deny the request of the county board for the use, as a polling place, of any building they own or lease.

Where the county board shall fail to agree as to the selection of the polling place or places for any election district, within five days of an election, the county clerk shall select and designate the polling place or places in any such election district.

The county board may select a polling place other than a schoolhouse or public building outside of the district but such polling place shall not be located more than 1,000 feet distant from the boundary line of the district. The Secretary of State may, however, permit a polling place to be more than 1,000 feet distant from the boundary line of the district if there is no suitable polling place accessible to individuals with disabilities and the elderly within the district or 1,000 feet distant from the boundary line of the district.

Whenever possible, the county board shall contact the managers or owners of commercial or private buildings that the board deems suitable to use as polling places, and are in or near an election district [lacking an accessible polling place], to determine whether a portion of such a building may be used as a polling place on the day of an election. Reimbursement for the use of a portion of such a building shall be the same as provided by this section for schools and public buildings.

Neither the owner nor operator of a facility designated as a polling place by the county board is permitted or authorized to relocate the polling place room in the building without the express prior approval of the board.

(cf: P.L.2011, c.134, s.11)

2. R.S.19:8-3 is amended to read as follows:

19:8-3. The county board may select the schoolhouse or schoolhouses, public building or public buildings as the polling places in any municipality in the county whether or not such schoolhouses or public buildings are located within the election district for which the polling place is established; and shall designate the rooms or places, entrances and exits to be used in the schoolhouses or public buildings. A schoolhouse may be selected only when other public, private, or commercial buildings are not available and accessible as a polling place.

The county board may select a private or commercial building as a polling place other than a schoolhouse or public building for an election district, when the location of the election district and of the [schoolhouses and] public buildings in the municipality in which the election district is located is such that inconvenience would be caused the voters of such election district by locating the polling place thereof in a [schoolhouse or] public building. A schoolhouse may be selected only when other public, private, or commercial buildings are not available and accessible as a polling place. In the selection of a polling place other than a schoolhouse or public building for an election district, consideration shall be given to the use of buildings accessible to individuals with disabilities and the elderly.

The county board shall determine and certify to the board of chosen freeholders the amount to be paid the several boards of education or municipalities, as the case may be, for expenses in connection with the use of schoolhouses or public buildings for election purposes; not to exceed in any case the amount paid for polling places in private premises.

(cf: P.L.2005, c.146, s.2)

3. This act shall take effect January 1 of the year next following the date of enactment.

STATEMENT

This bill requires that school buildings be selected by the county boards of elections as polling places only when no public, private, or commercial building is available and accessible to individuals with disabilities and the elderly. In doing so, this bill promotes the safety and security of all staff and students who attend school in New Jersey, and limits disruptions to the learning environment that occur when schools are opened to large numbers of people for use as a polling place.