STATE OF NEW JERSEY
222nd LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman TENNILLE R. MCCOY
District 14 (Mercer and Middlesex)
Co-Sponsored by:
Assemblyman Abdelaziz
SYNOPSIS
Permits counting of mail-in ballots that are mailed, delivered, or deposited prior to death of voter; repeals laws requiring rejection of such ballots.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the counting of certain mail-in ballots, supplementing P.L.2009, c.79 (C.19:63-1 et seq.), and repealing section 27 of P.L.1964, c.134 and section 21 of P.L.2009, c.79.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Notwithstanding any law, rule, or regulation to the contrary, a mail-in ballot that has been properly mailed, delivered in person, or deposited in a ballot drop box in accordance with "The Vote By Mail Law," P.L.2009, c.79 (C.19:63-1 et seq.), by a voter whose death occurred after the voter mailed, delivered, or deposited the mail-in ballot shall not be rejected on the basis that the voter is deceased. The mail-in ballot shall be canvassed and counted, unless a law or regulation requires that the ballot be fully or partially rejected for deficiencies unrelated to the death of the voter. If a county board of elections shall determine that any such mail-in ballot shall be fully or partially rejected due to deficiencies unrelated to the death of the voter, such mail-in ballot shall not be counted, and the provisions to cure deficiencies as provided by section 17 of P.L.2009, c.79 (C.19:63-17) shall not apply. A determination by the county board of elections to reject a mail-in ballot pursuant to this subsection shall be considered to be a final determination and shall not be appealable except as part of a challenge to the results of an election brought pursuant to R.S.19:29-1.
2. Section 27 of P.L.1964, c.134 (C.19:58-27) and section 21 of P.L.2009, c.79 (C.19:63-21) are repealed.
3. This act shall take effect immediately.
STATEMENT
This bill would permit the counting of mail-in ballots that were properly mailed, delivered in person, or deposited in a ballot drop box in accordance with "The Vote By Mail Law," by a voter whose death occurred after the voter mailed, delivered, or deposited the mail-in ballot, unless a law or regulation requires that the ballot be fully or partially rejected for deficiencies unrelated to the death of the voter.
Under current law, mail-in ballots are rejected if the county board of elections receives evidence that a mail-in voter has died before the opening of the polls on election day. This bill repeals the laws requiring the rejection of such ballots.
The bill provides that if a county board of elections determines that any such mail-in ballot should be fully or partially rejected due to deficiencies unrelated to the death of the voter, no opportunity to cure such deficiencies, as currently allowed by law, will be provided, and such mail-in ballots will not be counted. A determination by the county board of elections to reject a mail-in ballot submitted by someone who is deceased will be considered to be a final determination and would not be appealable, except as part of a challenge to the results of an election.