A1504

An Act concerning the provision of voters’ guides to registered voters in this State, amending P.L.2005, c.151 and P.L.2005, c.139, and supplementing Title 19 of the Revised Statutes.

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

1. Section 4 of P.L.2005, c.151 (C.19:12-10) is amended to read as follows:

4. a. Subject to guidelines established by the [Attorney General] Secretary of State, each county board of elections shall provide public notice, at appropriate times during the year, of certain dates relevant to elections and voters, including but not limited to the dates of each election and the deadlines for voter registration or application for civilian or military absentee ballots. Such notices may be made by card, poster, newspaper, newsletter, pamphlet, radio, television, Internet or by any other means deemed appropriate by the board. The provisions of this subsection are in addition to any other provision for public notice required by law.

b. Each county board of elections and the Division of Elections in the Department of [Law and Public Safety] State shall maintain an official Internet site containing information helpful for voters, including a link to the voter’s bill of rights established by law and posted on the official Internet site of the State. The Internet site of the Division of Elections that contains such information shall include links to the Internet site of each county board and the Internet site of each county board shall contain a link to the part of the division's site containing information helpful to voters.

c. The [Attorney General] Secretary of State shall review the official Internet site of each county board of elections to ensure that the information provided thereon is consistent with the information provided on the official Internet site of the Division of Elections.

d. In addition to the information required to be posted on the official Internet site pursuant to subsection b. of this section, the Division of Elections in the Department of State shall post on that Internet site the State voters’ guide as established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).

e. In addition to the information required to be posted on the Internet site of each county board of elections pursuant to subsection b. of this section, a county board of elections may post on their official Internet site the local voters’ guide applicable to that county, as established pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.2005, c.151, s.4)

2. Section 1 of P.L.2005, c.139 (C.19:14-21.1) is amended to read as follows:

1. Notwithstanding the provisions of any other law to the contrary, a voter who registers after the 29th day prior to a general election and who is eligible to participate in that election may be sent, instead of a sample ballot, notice of the voter's polling place, information on where to obtain a sample ballot prior to the election, a statement indicating that a sample ballot will be available at the polling place on the day of the election, and, if applicable, information on a county website where a sample ballot may be viewed.

In addition, the Secretary of State shall send the voter the State voters’ guide established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).

The county board of elections may also send the voter the local voters’ guide applicable to their respective county, as established pursuant to section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.2005, c.139, s.1)

3. Section 2 of P.L.2005, c.139 (C.19:23-30.1) is amended to read as follows:

2. Notwithstanding the provisions of any other law to the contrary, a voter who registers after the 29th day prior to a primary election and who is eligible to participate in that election may be sent, instead of a sample ballot, notice of the voter's polling place, information on where to obtain a sample ballot prior to the election, a statement indicating that a sample ballot will be available at the polling place on the day of the election, and, if applicable, information on a county website where a sample ballot may be viewed.

In addition, the Secretary of State shall send the voter the State voters’ guide established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.2005, c.139, s.2)

4. (New section) a. The Secretary of State shall, whenever at least one Statewide elective office is scheduled to appear on the primary or general election ballot, print and distribute a State voters’ guide. The voters’ guide shall be distributed to every residence wherein a registered voter resides in the State no later than 45 days prior to the primary or general election.

The Secretary of State shall determine the format and layout of the voters’ guide. The Secretary of State shall print the guide in clear, readable type on a size, quality, and weight of paper that best serves the voters, as determined by the Secretary of State.

The Secretary of State shall distribute the voters’ guide to each residence in the State wherein a registered voter resides and to any other locations the Secretary of State deems appropriate. The Secretary of State shall also produce transcripts of the voters’ guide for the blind and visually impaired, publicize their availability, and mail without charge a copy to any person who requests one.

The Secretary of State shall make the material required to be distributed by P.L. , c. (C. ) (pending before the Legislature as this bill) available to the public in electronic form. The Secretary of State may provide the material in electronic form to web-based, print, and broadcast news media and similar services at the cost of reproduction or transmission of the data.

b. The voters’ guide shall include, at a minimum:

(1) appearing on the cover, the words “Official State Voters’ Guide,” a reference to the Secretary of State for producing the guide, and the date of the election;

(2) a table of contents;

(3) a list of jurisdictions with public questions or candidates in the guide;

(4) information about each public question, as specified in subsection c. of this section, submitted to the voters for their approval or rejection pursuant to Article II, Section I, paragraph 2 of the State Constitution or any amendments to the State Constitution submitted to the voters for their approval or rejection pursuant to Article IX of the State Constitution;

(5) statements, if submitted, from candidates for the office of President and Vice President of the United States, United States Senate, United States House of Representatives, Governor, State Senate, and State General Assembly. Candidates may also submit campaign contact information and a photograph not more than five years old in a format that the Secretary of State determines to be suitable for reproduction in the voters’ guide;

(6) information about any endorsement submitted to the Secretary of State by a political party that nominated a candidate for the office of Governor at the last general election for the office of Governor;

(7) information about any designation, slogan, or endorsement, which is indicated in nominating petitions pursuant to R.S.19:23-17;

(8) contact information for the Election Law Enforcement Commission established pursuant to section 5 of P.L.1973, c.83 (C.19:44A-5), including the following statement: “For information about the people and organizations that donated to State and local candidates and public question campaigns, visit www.elec.nj.gov.” The statement shall be placed in a prominent position of the voters’ guide. The Secretary of State may substitute language as is necessary for accuracy and clarity and as is consistent with the substance of the statement;

(9) contact information for the political parties of the candidates included in the voters’ guide;

(10) information on how a person may register to vote and obtain a ballot, and where they may obtain more information on their local polling locations;

(11) the voter’s bill of rights established pursuant to section 1 of P.L.2005, c.149 (C.19:12-7.1);

(12) information on where to obtain a sample ballot prior to the election, a statement indicating that a sample ballot will be available at polling places on the day of the election, and, if applicable, information on a county website where a sample ballot may be viewed; and

(13) any additional information pertaining to elections as may be required by law or as may be deemed necessary by the Secretary of State.

c. The voters’ guide shall provide, at a minimum, the following information for each Statewide public question on the ballot:

(1) for public questions that amend existing law, language proposed for deletion, which shall be enclosed by brackets; proposed new language, which shall be underlined; and a statement explaining the deletion and addition of language, which shall appear as follows: “Any language in brackets is existing New Jersey law and will be removed from law if this question is approved by voters. Any underlined language does not appear in current New Jersey law but will be added to the law if this question is approved by voters.”

(2) the full text of a public question and the interpretive statement of the public question prepared pursuant to R.S.19:3-6;

(3) information about a fiscal note or estimate, if applicable, prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.); and

(4) the total number of votes cast for and against the public question in the Senate and General Assembly, if the question has been passed by the Legislature.

5. (New section) a. The Secretary of State shall develop guidelines and procedures for the submission of candidate statements and photographs for inclusion in the voters’ guide. The deadline for submission of candidate statements shall not be sooner than 11 days immediately following the deadline for filing nominating petitions for primary elections pursuant to R.S.19:23-14 and general elections pursuant to R.S.19:13-9.

b. Any candidate statement submitted for publication in the voters’ guide shall have a maximum number of words as follows:

(1) General Assembly, 200 words;

(2) State Senate, 200 words; and

(3) President and Vice President of the United States, United States Senate, United States House of Representatives, and Governor, 300 words.

Candidates may also submit campaign contact information and a photograph not more than five years old in a format that the Secretary of State determines to be suitable for reproduction in the voters’ guide.

c. No candidate statement shall include or refer to the name of any person or any incorporated association of this State unless the written consent of such person or incorporated association of this State has been filed with the statement.

6. (New section) No person or entity shall publish or distribute any campaign material that is substantively similar in design or appearance to a voters’ guide that is published by the Secretary of State or local voters’ guide that is published by a county clerk that obstructs or suppresses, or intends to obstruct or suppress, a person from exercising the right to vote, which may be evidenced by publishing or distributing substantively similar campaign material which provides incorrect information about how, when, or where a voter may register to vote or cast their ballot. Any person or entity who violates the provisions of this section, or any rule or regulation adopted pursuant thereto, shall be liable to a civil penalty of not less than $5 for each copy of the substantively similar material distributed, or $10,000, whichever is greater, which shall be collected by the Secretary of State in a summary proceeding before a court of competent jurisdiction pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.). Any person or entity who violates the provisions of this section, or any rule or regulation adopted pursuant thereto, shall also be liable to any legal expenses and additional costs resulting from the violation incurred by the State. Any funds recovered under this section shall be deposited by the State Treasurer into the General Fund.

7. (New section) a. Each county clerk may print and distribute a local voters’ guide for any primary or general election, or any special election. The guide may provide information on all public questions and candidates appearing on ballots within that county. The format of any local voters’ guide, whenever applicable, shall be substantially similar to the State voters’ guide established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill). The county clerk’s name shall only appear in the local voters’ guide as part of the information generally included for candidates if the county clerk is a candidate for office during the same year.

Local voters’ guides, if printed and distributed, shall include candidate statements accepted by the county clerk and may also include candidates’ photographs not more than five years old in a format that the county clerk determines to be suitable for reproduction in the voters’ guide.

b. Whenever a local voter guide is to be published and distributed by a county, the county clerk shall notify each municipality or any other cognizable election district with public questions or elective offices appearing on ballots within that county that a guide will be produced not later than 90 days prior to the publication and distribution of such guide.

All voters’ guides published by the county pursuant to this section shall include the elective offices and public questions of the county and the elective offices and public questions of each political subdivision within the county which will appear on the ballot at that primary election, general election, or special election.

8. (New section) In any county where the county clerk has elected to publish and distribute a local voters’ guide, the county clerk shall mail the local voters’ guide to every residence wherein a registered voter resides in each jurisdiction within the county that is participating in the respective primary election, general election, or special election, and for which election information is included in the guide, no later than 45 days prior to the primary election, general election, or special election. The county clerk may either mail or send a printable electronic version of guide to each registered voter in each jurisdiction within the county that is participating in the respective primary or general election, or special election, and for which election information is included in the guide if, as determined by the county clerk, a more economical and effective distribution of the guide would result.

The county clerk shall either mail or send a printable electronic version of the State and local voters’ guides to any military service or overseas voter registered in the jurisdiction who has requested them.

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

STATEMENT

This bill requires the provision of voters’ guides for New Jersey registered voters for all elections. The bill requires the Secretary of State to provide voter information guides to voters for all Statewide elections, and allows county clerks to do the same for local elections.

Under current law, each county board of elections and the Division of Elections must include on their Internet site helpful voter information, including a link to the voter’s bill of rights. This bill requires that an electronic voters’ guide must be included on the State Internet site and allows for the inclusion of a voters’ guide on a county board of elections Internet site.

Under current law, for the primary election and the general election, any voter who registers after the 29th day prior to the election may be sent, instead of a sample ballot, notice of the voter's polling place, information on where to obtain a sample ballot prior to the election, a statement indicating that a sample ballot will be available at the polling place on the day of the election, and, if applicable, information on a county website where a sample ballot may be viewed. This bill provides that the voters must also be provided with the State voters’ guide. The bill also allows for the county board of elections to provide a local voters’ guide.

Under the bill, a State voters’ guide must be distributed by the Secretary of State no later than 45 days prior to a primary or general election to every residence wherein a registered voter resides whenever at least one Statewide elective office is scheduled to appear on the primary or general election ballot. The format and layout of the State voters’ guide will be determined by the Secretary of State. The bill provides that the voters’ guide must also be provided in electronic form. The bill also provides the minimum requirements for information contained in the voters’ guide, including minimum requirements for information regarding public questions.

The Secretary of State will develop guidelines and procedures for the submission of candidate statements and photographs for inclusion in the voters’ guide. The deadline for submission must be at least 11 days after the nominating petition deadlines established by law. Candidate statements cannot include the name of any person or incorporated association of New Jersey unless their written consent is filed with the statement.

Whenever a county clerk elects to publish and distribute a local voters’ guide, the bill requires that the guide comply with the provisions of this bill regarding the State voters’ guide.

The bill also provides that, whenever applicable, the county clerk must send, by mail or electronically, the State and local voters’ guides to any military service or overseas voter registered in the jurisdiction who has requested them.

Any person who publishes or distributes any campaign material that is substantively similar to a voters’ guide that obstructs or suppresses, or intends to obstruct or suppress, a person from exercising the right to vote will be liable to: (1) a civil penalty of not less than $5 for each copy of the substantively similar material distributed, or $10,000, whichever is greater, and (2) any legal expenses and additional costs resulting from the violation incurred by the State.