A2945

An Act requiring ballots to include certain colored text directions and amending various parts of the statutory law.

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

1. R.S.19:14-16 is amended to read as follows:

19:14-16. The words to be printed on the perforated coupon shall be printed in twelve-point bold-faced capital letters and the figures in eighteen and twenty-two-point bold-faced type. At the head of the ballot the words "Official General Election Ballot" shall be printed in at least thirty-point bold-faced capital letters. The name of municipality, ward, school district, fire district, election district, and date, as appropriate, shall be printed in twelve-point bold-faced capital letters. For a fire district election, the number of the fire district shall also be printed in twelve-point bold-faced capital letters. The words "Instructions to the voter" shall be printed in twelve-point bold-faced capitals and small letters, while the instructions embraced within the brackets shall be printed in eight-point bold-faced capital and small letters. The column designations shall be printed in eighteen-point bold-faced capital letters and the accompanying instructions shall be printed in eight-point capitals and small letters. The titles of office and accompanying instructions shall be printed in ten-point bold-faced capital and small letters. The words “Vote for one,” “Vote for two,” or a greater number, as the case may be, appearing to the right of each title of office, shall be printed in an obvious and conspicuous ink color other than black. When there is no nomination made at the primary for an office, the title shall be printed in the space where such title should appear, and the words "No Nomination Made" in type large enough to fill the entire space or spaces shall be printed therein. The names of all candidates shall be printed in ten-point capital letters. The designations following the candidates' names in the nomination by petition column or columns shall be printed in ten-point capitals and small letters, except that where they overrun the space within the column the designations may be abbreviated, and all spaces between the two-point hair line rules not occupied by the titles of office and names of candidates shall be printed in with scroll or filling to guide the voter against wrongly marking the ballot. On the foot of the ballot the words "Public Questions to be Voted Upon" shall be printed in eighteen-point bold-faced capital letters. The accompanying instructions shall be printed in eight-point capital and small letters. The public questions to be voted upon shall be printed in ten-point capital and small letters, and the words "Yes" and "No" shall be printed in twelve-point bold-faced capital letters.

(cf: P.L.2017, c.206, s.6)

2. R.S.19:23-25 is amended to read as follows:

19:23-25. The ballots shall be made up and printed consistent with the requirements of section 2 of P.L.2025, c.32 (C.19:23-23.2) and in substantially the following form:

At the top of each ballot shall be printed the words "Official Democratic Party Primary Ballot," or "Official Republican Party Primary Ballot," or, as the case may be, naming the proper political party, as provided in this Title; below which and extending across the ballot in one or more lines, as may be necessary, shall be printed the words ................ name of county ………….. name of municipality ................... ward ................ election district ..................... date of election ................... John Doe, county clerk; the blank spaces shall be filled in with the name of the proper county, municipality, the ward and the district number and the date of election. The name of the county clerk shall be a facsimile of the county clerk's signature. This heading shall be set apart from the body of the ballot by a heavy diagram rule. Below this rule shall be printed the following directions instructing the voter how to indicate the voter's choice for each office and position and for how many persons to vote for each office and position: To vote for any person whose name is printed upon this ballot mark a cross x, plus +, check, or an otherwise appropriate mark on the oval or space next to the name of such person. To vote for any person whose name is not printed upon this ballot write or paste the name in the blank space under the proper title of office and mark a cross x, plus +, check, or an otherwise appropriate mark on the oval or space next to the name of such person. Below these instructions shall be printed a heavy diagram rule, below which shall be printed the government levels describing the offices to be voted for below which shall be separate office blocks headed by the titles of offices and positions for which candidates are to be voted for at the primary election, together with such directions to the voter as may be necessary. "Vote for one," "Vote for two," or a greater number, as the case may be, shall be included with any other directions to the voters and shall be printed in an obvious and conspicuous manner in an ink color other than black.

The office blocks shall be arranged in the following order:

(1) federal offices, below which shall be printed separate office blocks for choice for President or electors for President, members of the United States Senate, and members of the House of Representatives;

(2) State offices, below which shall be printed separate office blocks for Governor, members of the State Senate, and members of the General Assembly;

(3) countywide offices, below which shall be printed separate office blocks for county executive, member of the board of county commissioners, county clerk, county sheriff, and any other county offices in their respective office blocks;

(4) municipal offices, below which shall be printed separate office blocks for mayor, member of the council or municipal governing body, and any other municipal offices in their respective office blocks;

(5) any other titles of office, below which shall be printed separate office blocks for each office;

(6) delegates and alternates-at-large to the national conventions of political parties, provided that the candidates for delegates and alternates-at-large may be placed next to the office block for choice for President or electors for President;

(7) district delegates and alternates to conventions of political parties, provided that the candidates for district delegates and alternates may be placed next to the office block for choice for President or electors for President; and

(8) candidates for county party positions.

A heavy diagram rule shall be used to distinguish each office block for the different offices. Underneath the proper title of office and position shall be printed the names of all those persons certified as candidates for the offices to the municipal clerk by the county clerk as hereinbefore provided, and the names of persons endorsed as such candidates in petitions on file in the office of the municipal clerk as they appear signed to the certificate of acceptance. The name of any person endorsed in a petition as provided who shall fail to certify the person's consent and agreement to be a candidate for nomination to the office specified therein shall not be printed upon the ballots to be used at the primary election. In the case of a vacancy among nominees, the name of the person selected in the manner provided in this Title to fill the same shall be printed upon the ballots in the place of the person vacating such nomination.

The candidates shall be arranged as indicated on their petitions for nomination for the same office with multiple open seats in all cases where the petitions endorsing such candidates and filed in accordance with R.S.19:23-18 request for such candidates to be associated within the same office block. The slogan or endorsement named by candidates in their petitions for nomination, as provided by R.S.19:23-17, shall be printed next to or below the names of such candidates.

Immediately next to the name of each candidate for office and position shall be printed an oval or space in which the voter shall indicate the voter's choice. A heavy diagram rule shall be used between each office block. The ballot shall be so arranged that all candidates seeking the same office are listed in one contiguous office block. No candidate shall be separated from other candidates seeking the same office on the ballot.

Each primary ballot shall contain, at the end of the list of candidates for each different office, blank spaces or lines equal to the number of persons to be elected to the office for the purpose of allowing any voter to write or paste the name of any person for whom the voter desires to vote for any office or party position.

(cf: P.L.2025, c.32, s.6)

3. R.S.19:49-2 is amended to read as follows:

19:49-2. All official general election ballots shall be in black ink in type as large as space will reasonably permit, provided, however, that above any public question to be voted upon by the voters of the entire State there shall be a description of the public question, which description shall not exceed six words and shall be in type as large as is practicable. Party nominations shall be arranged on each voting machine, either in columns or horizontal rows; the caption of the various ballots on the machines shall be so placed on the machines as to indicate to the voter what device is to be used or operated in order to vote for the candidates or candidate of the voter's choice. The words “Vote for one,” “Vote for two,” or a greater number, as the case may be, appearing to the right of each title of office, shall be printed in an obvious and conspicuous ink color other than black. The providing of the official ballots, the order of the precedence and arrangement of parties and of candidates, and the instructions for the use of a device to be used or operated in order to vote for candidates shall be as now required by law. The county clerk in every county shall have the authority to determine the specifications for, and the final arrangement of, the official general election ballots to the extent not inconsistent with the provisions of this Title.

(cf: P.L.2025, c.32, s.7)

4. R.S.19:49-4 is amended to read as follows:

19:49-4. a. (1) The officer or officers whose duty it may be under this subtitle to provide and furnish official ballots for any polling place where a voting machine is to be used shall also provide [2] two sample ballots or more, or instruction ballots, which sample or instruction ballot shall be arranged in the form of a diagram showing such portion of the face of the voting machine as it will appear after the official ballots are arranged thereon or therein for voting on election day. Such sample or instruction ballots shall be open to the inspection of all voters on election day, in all elections where voting machines are used.

(2) For election districts in which the primary language of [10%] 10 percent or more of the registered voters is Spanish, the officer or officers whose duty it may be under this subtitle to provide and furnish official ballots for any polling place where a voting machine is to be used shall also provide [2] two sample ballots or more, or instruction ballots, printed bilingually in English and Spanish. Such sample or instruction ballots shall be open to the inspection of all voters on election day, in appropriate election districts, in all elections where voting machines are used.

b. There shall be furnished a sufficient number of sample ballots printed entirely in black ink, except for the words “Vote for one,” “Vote for two,” or a greater number, as the case may be, appearing to the right of each title of office, which shall be printed in an obvious and conspicuous ink color other than black, a facsimile of the face of the machine, of a reduced size, one of which sample ballots shall be mailed to each registered voter, except that for election districts in which the primary language of [10%] 10 percent or more of the registered voters is Spanish, sample ballots printed bilingually in English and Spanish shall be mailed to each registered voter. Any reference to sample ballot envelopes in any section of this Title to the contrary notwithstanding, in all counties where voting machines are used and wherein the commissioner of registration has the facilities to mail out sample ballots direct to the registrants of such county and has elected so to do, as otherwise in this Title provided, the commissioner of registration in any such county may request the county clerk of such county to have the sample ballots prepared in the manner following:

(1) The county clerk shall have said sample ballots for all general and special elections printed in such manner that, when folded, the words "Official General Election Sample Ballot" or as the case may be, shall appear on the reverse side thereof, together with the words "In cases where the sample ballot is to be sent to an addressee who does not receive his mail by delivery to his home or through rural free delivery "if not delivered within [5] five days return to the commissioner of registration' and in all other cases "if not delivered within [2] two days return to the commissioner of registration.' Do not Forward. Return Postage Guaranteed" over the return address of the commissioner of registration. Such portion of the ballot may contain such additional words that conform with United States Postal regulations that will prevent such envelope from being forwarded to the voter at any other address than that appearing on the envelope, and that will cause such envelope to be returned to the commissioner of registration, with information thereon from the post office showing the reason for nondelivery.

(2) The county clerk in drawing the specifications for the printing of the official primary ballots shall include the requirement that the municipal clerks shall have primary sample ballots printed in such manner that, when folded, the words "Official Primary Election Sample Ballot" shall appear on the reverse side thereof, together with the words "In cases where the sample ballot is to be sent to an addressee who does not receive his mail by delivery to his home or through rural free delivery "if not delivered within [5] five days return to the commissioner of registration' and in all other cases "if not delivered within [2] two days return to the commissioner of registration.' Do Not Forward. Return Postage Guaranteed" over the return address of the commissioner of registration. Such portion of the ballot may contain such additional words that conform with United States Postal regulations that will prevent such envelope from being forwarded to the voter at any other address than that appearing on the envelope, and that will cause such envelope to be returned to the commissioner of registration, with information thereon from the post office showing the reason for nondelivery.

(3) Five sample ballots shall be posted as now required by law.

c. For all general and special elections the county clerk, and for all primary and municipal elections the municipal clerks, shall, at least 30 days preceding any such election, make the arrangements necessary to be made with the postmaster or postmasters in their respective counties and municipalities to have the said sample ballots mailed under the postal laws and regulations, and forthwith notify the said commissioner of registration in writing to that effect.

(cf: P.L.1974, c.30, s.14)

5. Section 11 of P.L.2009, c.79 (C.19:63-11) is amended to read as follows:

11. a. Each mail-in ballot to be used at any election shall conform generally to the ballot to be used at the election in the voter's district but the ballots shall be clearly marked "Official Mail-In Ballot."

At the top of every mail-in ballot there shall be printed or stamped in a prominent size the following:

To protect your vote:

IT IS AGAINST THE LAW FOR ANYONE EXCEPT YOU THE VOTER TO MARK OR INSPECT THIS BALLOT.

However, a family member may assist you in doing so.

b. Each mail-in ballot to be used pursuant to this act shall be printed entirely in black ink, except that directions to “Vote for one,” “Vote for two,” or a greater number, as the case may be, shall be printed in an obvious and conspicuous ink color other than black. In addition to conforming generally to the ballot used in the election, the mail-in ballot shall be so prepared that the voter may indicate on it the voter's choice of the candidates for the offices to be filled, and the public questions to be voted on at the election by the voters of the entire State, county or municipality in which the voter is a resident, as known on the 48th day preceding the election. Sufficient space shall be provided on the ballot for the voter to write in the name of and vote for any candidate for, or the voter's personal choice for, any public office to be voted for at the election in the voter's election district. A list of the candidates for the offices to be filled in each election district in the county, whose names are known on the day on which the ballot is forwarded but do not appear on the ballot, with a statement of the office for which each is a candidate, shall be forwarded with such ballot.

When mail-in ballots are prepared, the name of any candidate who has been nominated for any office shall be placed on the ballot to be used in the general election to be held in the year in each election district in which he is a candidate, whether or not such candidate has accepted nomination prior to when the ballot was prepared, provided that the candidate has not declined the nomination before the ballot was prepared.

c. Each mail-in ballot to be used at any primary election for the general election shall, except as otherwise provided, conform to the ballot to be used at the election in the voter's election district and to the form herein prescribed for mail-in ballots to be used in such general elections. It shall be prepared so that the voter may indicate the voter's choice of the candidates of one political party for each of the officers to be voted on at the election by the voters of the election district and shall be separated into party ballots, which shall be printed upon one sheet when the voting system so allows.

Each such mail-in ballot shall be plainly marked to indicate that only one party ballot is to be voted by each voter and that the party ballot voted by the voter must conform to the name of the political party indicated by the county clerk.

If the county clerk has determined by investigating a voter's registration record that the voter is qualified to vote only in the primary of a particular party, the clerk shall so note on the primary ballot the party primary in which the voter is entitled to vote.

In the case where the county clerk has ascertained through investigating the voter's registration record that such applicant is requesting a ballot to vote in the first primary for which the voter is eligible after registration, the clerk shall note on the primary ballot that the voter can vote in the primary of any political party.

d. Any county may adopt a system of electronic scanning, or other mechanical or electronic device if the system has been approved previously by the Secretary of State to count or canvass mail-in ballots. The county clerk in any county adopting such a system may prepare and use mail-in ballots that do not conform generally to the ballot to be used at the election to the extent that such nonconformance is necessary in the operation of the electronic or mechanical canvassing system.

(cf: P.L.2011, c.134, s.52)

6. This act shall take effect 60 days following the date of enactment.

STATEMENT

This bill requires directions on election ballots to vote for one or multiple candidates to appear in a color other than black. Under current law, ballots are printed in black ink. The ballots also contain the words “Vote for one,” “Vote for two,” or a greater number, as the case may be, which are printed on the ballot to provide voters with instructions concerning how many candidates they may vote for under each title of office. This bill requires the words “Vote for one,” “Vote for two,” or a greater number, as the case may be, to be printed in an obvious and conspicuous ink color other than black. The purpose of this bill is to make voting instructions clearer so that voters are not unintentionally disenfranchised.