ASSEMBLY APPROPRIATIONS COMMITTEE

STATEMENT TO

[Second Reprint]

SENATE, No. 4835

with committee amendments

STATE OF NEW JERSEY

DATED:  JANUARY 8, 2026

      The Assembly Appropriations Committee reports favorably and with committee amendments Senate Bill No. 4835 (2R).

      As amended by the committee, this bill allows a voter to cure the voter’s mail-in ballot if the voter failed to insert the voted mail-in ballot in the inner envelope, if the voter failed to complete the certificate on the inner envelope, if the inner or outer envelope is missing or unsealed, if the seal appears to be tampered with, and for other defects.

      Under current law, each mail-in voter is required to complete the voter’s mail-in ballot and insert it in the inner envelope, which includes the Certificate of Mail-in Voter that is attached to the flap of the inner envelope.  The voter must seal the inner envelope, sign the certificate, and then place the inner envelope containing the mail-in ballot inside the outer envelope for mailing to the county board of elections.  Under current law, when a ballot would be disqualified because of a missing or discrepant signature, the voter is permitted to cure that defect.  Under current law, ballots are disqualified if they arrive at the county board of elections without being enclosed inside the inner envelope, if the certificate is not signed, if the inner or outer envelope is missing or unsealed, or if the seal appears to be tampered with.  Voters who return mail-in ballots with these deficiencies are not given the opportunity to cure their ballots in order to have them counted.  Only voters whose ballots are disqualified on the basis of a missing or discrepant signature are currently allowed to cure their ballots.

      The bill, as amended, would give the voter the opportunity to submit a new mail-in ballot if the voter failed to enclose the ballot in the inner envelope, if the voter failed to provide or properly seal the inner or outer envelope, if the seal appears to be tampered with, or due to any deficiency other than a missing or discrepant signature subject to the curing procedures otherwise specified in current law.  The county board of elections is directed to provide the voter with a new ballot and a cure letter informing the voter of the defect.  Under the bill, the voter has the opportunity to cure the defect by submitting the new completed ballot by mail, returning it to the county board of elections in person, or placing it into a ballot drop box, in accordance with the same timeframes applicable to the return of completed mail-in ballots provided under current law. However, the bill provides that the requirement to provide a new mail-in ballot to a voter would be implemented only if the county board of elections can identify the name and address of the voter using official pre-printed information on the voter’s ballot or envelope materials, and if the new mail-in ballot can be provided to the voter in accordance with the timeframes specified under current law for mail-in ballot applications.

      The bill would also permit a voter who receives a cure letter as a result of such defects, or due to a missing or discrepant signature, in the submitted mail-in ballot to vote in-person either during the early voting period or on election day using a provisional ballot instead of submitting a new mail-in ballot. 

      The bill provides that the determination of ballot acceptance, rejection, and curing will be subject to observation by duly appointed challengers, provided that challengers will not participate in, interfere with, object during, or otherwise delay the cure, review, or supervisory determination process for the acceptance, rejection, and curing of a mail-in ballot. The bill further provides that that any preliminary determination to reject a mail-in ballot will be made by trained elections employees designated by the county board of elections and will be subject to supervisory review designated by the county board of elections before the issuance of a cure letter or a final rejection. The supervisory review will be conducted by two supervisory officials of different political party affiliations, where practicable. No mail-in ballot will be finally rejected without such supervisory review. Furthermore, the bill provides that any issuance and receipt of a cure letter, cure form, and new mail-in ballot will be required to be recorded in the voter’s record in the Statewide Voter Registration System, and the Secretary of State will cause such changes to be made to that system as may be necessary to facilitate the recording requirements. The bill provides that a county board of elections will not be required to issue a cure letter, cure form, or a new mail-in ballot to any voter, or otherwise contact the voter, when the voter cannot be identified by the county board of elections using official pre-printed information on the voter’s ballot or envelope materials.

      As amended and reported by the committee, Senate Bill No. 4835 (2R) is identical to Assembly Bill No. 6073 (1R), which was also amended and reported by the committee on this date.

COMMITTEE AMENDMENTS:

      The committee amended the bill to clarify that a voter cannot receive a new mail-in ballot due to a missing signature on the certificate.

FISCAL IMPACT:

      Fiscal information is not available.