A4863

An Act concerning the mailing and receipt of mail-in ballots, supplementing P.L.2009, c.79 (C.19:63-1 et seq.), and making an appropriation.

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

1. a. The Secretary of State shall establish a public awareness campaign to inform the general public about the federal rules defining the United States Postal Service postmark and its potential impacts on the postmark of mail-in ballots. The campaign shall, at a minimum, provide information on:

(1) the United States Postal Service postmark definition;

(2) the potential for a postmark to be applied on a date other than the date when mail was provided to the United States Postal Service;

(3) the potential consequences for mail having a postmark date that is later than the date that an individual provided the mail to the United States Postal Service, including, but not limited to, mail-in ballots not being canvassed, pursuant to section 22 of P.L.2009, c.79 (C.19:63-22); and

(4) the option for individuals to deposit mail-in ballots in ballot drop boxes or to request free manual postmarks at a post office retail location.

b. The Secretary of State shall implement a public awareness campaign about the impacts of the United States Postal Service postmark definition through media outlets and the department’s Internet website, no later than 60 days after the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill). Such media outlets shall include, but need not be limited to: Statewide newspapers, radio, public service announcements, social media, television advertisements, and any other media outlets deemed appropriate by the Secretary of State.

2. The Secretary of State shall, in collaboration with all county boards of elections in this State, within 90 days of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), assess the placement of mail-in ballot drop boxes in each county to ensure the locations meet the provisions of section 1 of P.L.2020, c.72 (C.19:63-16.1) and evaluate the usage of such drop boxes to ensure their placement meets the current needs of voters. Based on the evaluation, the secretary shall issue a report containing findings and recommendations to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature concerning any statutory changes deemed necessary to the current law, including, but not limited to, changes to the number and location of ballot drop boxes.

3. There is appropriated from the General Fund to the Department of State the sum of $100,000 to develop and implement the public awareness campaign established pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).

4. This act shall take effect immediately.

STATEMENT

This bill requires the Secretary of State to establish a public awareness campaign concerning the federal rules defining the United States Postal Service (USPS) postmark and its potential impacts on the postmark of mail-in ballots.

In December 2025, the USPS finalized a rule establishing section 608.11 of the Domestic Mail Manual, which defines postmarks, identifies the types of USPS markings that qualify as postmarks, and describes the circumstances under which those markings are applied. Because the date postmarked on a mailed item may be later than when the mail is first received by the USPS, the rule also advises customers on how to obtain evidence of the date on which the USPS accepts possession of their mail, including requesting a free, manual postmark. Although the USPS advises that the language in the manual does not change any existing postal operations or postmarking practices, the new language is intended to advance public understanding of postmarks and their relationship to the date of mailing.

The bill provides that the Secretary of State will develop and implement a public awareness campaign about the impacts of postmark dates on mail-in ballots through the department’s Internet website and media outlets, which will include, but not be limited to: Statewide newspapers, radio, public service announcements, social media, and television advertisements.

Under current law, every mail-in ballot that bears a postmark date before or of the day of election and that is received by the county board within 144 hours after the time of the closing of the polls is considered valid and canvassed. The public awareness campaign will inform the public of the risk of a mail-in ballot not being accepted if it is postmarked after election day, despite being mailed by election day. A voter has the option to request a manual postmark to ensure the mail-in ballot is postmarked by election day. The campaign will also inform the public that voters may also deposit their mail-in ballots in ballot drop boxes without being impacted by the USPS postmark processes.

The bill requires the Secretary of State, in collaboration with all county boards of elections in this State, to assess ballot drop box placement in each county and evaluate the usage of such drop boxes to ensure their placement meets the current needs of voters. Based on the evaluation, the secretary is required to issue a report to the Governor and the Legislature concerning any statutory changes deemed necessary to the current law, including changes to the number and location of ballot drop boxes.

The bill also appropriates $100,000 from the General Fund to the Department of State to develop and implement the public awareness campaign.