SENATE STATE GOVERNMENT, WAGERING, TOURISM & HISTORIC PRESERVATION COMMITTEE

STATEMENT TO

SENATE, No. 3816

with committee amendments

STATE OF NEW JERSEY

DATED:  FEBRUARY 25, 2025

      The Senate State Government, Wagering, Tourism & Historic Preservation Committee reports favorably and with committee amendments Senate Bill No. 3816.

      As amended by the committee, this bill ensures that the initial determination of the validity of a ballot is made by the district board canvassing the ballot or the county board of elections, as the case may be.  This bill provides that, upon reviewing any mark, sign, erasure, designation or device made on the ballot, the board will have the discretion to determine whether such mark, sign, erasure, designation or device was intended to identify or distinguish the ballot, and thereby should constitute a cause for the ballot to be rejected.  The bill also provides that the board will have the discretion to determine whether any marks made next to the name of a particular candidate for election, or for or against a public question, were intended to cast a vote for that candidate or public question, whether or not the mark falls within or touches upon the designated space for such mark on the ballot, provided that the mark is reasonably close to the square that would be marked to indicate a vote for any candidate or for or against any public question.

      Under current law, ballots cast in an election are canvassed and counted by the district boards of elections, or the county boards of elections with respect to mail-in ballots.  After a determination is made by the board of elections counting the ballots, a challenge, recount, or dispute concerning whether certain ballots should be counted may then result in a judge of the Superior Court or other official making a determination.  These officials are tasked with assessing the validity of cast ballots under various circumstances.  Further, per current law, when a dispute over the ballot reaches a judge of the Superior Court or another official, the judge or the other official will have the same discretion to determine whether the cast ballot is valid.  The bill does not alter the court’s discretion in these matters.

      As amended, the bill also requires that the Secretary of State, in consultation with the county board of elections in each county, to establish uniform guidelines to assist the county board and the district board canvassing the ballot in assessing the validity of marks made and votes cast on ballots used in this State.

COMMITTEE AMENDMENTS:

      The committee amendments specify that, when assessing whether a mark made on the ballot indicates the voter’s intention to vote for a candidate, or for or against any ballot question, the district board canvassing the ballots or the county board should consider whether the mark is made in an area reasonably close to the square that would ordinarily be marked to indicate the voter’s choice.

      The amendments provide that the district board canvassing the ballots or the county board may count a vote when a voter has written the name of a candidate reasonably close to the position that an office occupies on the ballot and made an appropriate mark or written the word “Yes” next to such candidate’s name.

      The amendments also require that the Secretary of State, in consultation with the county board of elections in each county, establish uniform guidelines to assist the county board and the district board canvassing the ballot in assessing the validity of marks made and votes cast on ballots used in this State.