S4842

An Act concerning law enforcement activity near polling places and ballot drop box locations, amending P.L.1991, c.306 and P.L.2020, c.72, and supplementing chapter 6 of Title 19 of the Revised Statutes.

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

1. (New section) This act shall be known and may be cited as the “Voter Protection and Law Enforcement Neutrality Act.”

2. (New section) The Legislature finds and declares that:

a. The right of every eligible voter to cast a ballot freely and without intimidation, threat, coercion, surveillance, or deterrence is fundamental to representative government.

b. New Jersey has a compelling interest in administering safe and orderly elections, preserving unobstructed access to polling places, ballot drop box locations, and counting centers, and maintaining public confidence that governmental power will not be used to influence voter participation.

c. The visible concentration of armed, masked, or tactically equipped law-enforcement officers, or the conduct of civil enforcement operations near an election location, may deter reasonable voters from approaching or entering that location even when proof of a specific purpose to intimidate cannot be established.

d. This act, P.L. , c. (C. ) (pending before the Legislature as this bill), regulates the conduct of law enforcement officers near polling places and ballot drop box locations, without regard to the officer’s employing agency, level of government, immigration authority, political affiliation, or viewpoint.

e. The Legislature intends to preserve emergency response, election security, judicial-warrant execution in circumstances that cannot reasonably be delayed, and other necessary law enforcement functions while preventing avoidable interference with voting.

f. The Legislature intends for this act, P.L. , c. (C. ) (pending before the Legislature as this bill), to operate to the fullest extent permitted by the United States Constitution, federal statutes, and federal regulations, and does not intend to authorize the arrest, detention, or physical obstruction of a federal officer performing official duties.

3. Section 2 of P.L.1991, c.306 (C.19:6-15.1) is amended to read as follows:

2. a. No person who is employed as a police officer, either full-time or part-time, by the State or an instrumentality thereof, or by a political subdivision of the State or an instrumentality thereof, including a person appointed as a police officer by an institution of higher education pursuant to P.L.1970, c.211 (C.18A:6-4.2 et seq.), shall serve as a member of a district board of elections, unless the person is off-duty, or serve as a duly authorized challenger for a political party or a candidate or on a public question in the municipality in which that person is employed, or if employed by an institution of higher education, any municipality in which the institution is physically located, or if employed by a county or the State, in the county in which that person is employed or stationed, respectively, or wear a police officer's uniform or carry an exposed weapon at any time, including at a polling place on an election day. Nothing in this subsection shall be construed to prohibit a police officer who is a candidate for an office and whose name appears upon the ballot to be voted for an election from acting as a challenger during that election as may be permitted by another provision of law for a candidate to act as a challenger.

b. No person employed as a police officer as described in subsection a. of this section, whether on or off-duty or whether in or out of uniform, shall remain or stand within [100] 200 feet of a polling place during the conduct of an election unless present at the location in response to a request for assistance in accordance with R.S.19:6-16 or as otherwise provided herein or pursuant to this act, P.L.2021 c.459.

c. Nothing herein shall be interpreted to prohibit a police officer or law enforcement officer from:

traveling to and from, or remaining within, their personal residence if that residence is within [100] 200 feet of a polling place;

voting at that polling place in a personal capacity; or

escorting to or from, or both, a polling place a person who may require assistance of the officer.

(cf: P.L.2021, c.459, s.2)

4. Section 1 of P.L.2020, c.72 (C.19:63-16.1) is amended to read as follows:

1. a. In addition to delivering a voted mail-in ballot by mail or in person as provided under "The Vote By Mail Law," P.L.2009, c.79 (C.19:63-1 et seq.), a mail-in voter shall be entitled to deposit the voter's completed mail-in ballot in a ballot drop box established by the county board of elections as provided under this section. Each mail-in ballot deposited in a ballot drop box by the time designated under current law for the closing of the polls for that election shall be considered valid and shall be canvassed. If, at the closing of the polls, a voter deposits a mail-in ballot at a ballot drop box in a county in which the voter does not reside, the county board of elections, upon discovering that fact, shall notify and timely deliver the ballot to the county board of elections of the county in which the voter resides, who shall accept the ballot for processing. The limitations and prohibitions applicable to mail-in ballot bearers under "The Vote By Mail Law," P.L.2009, c.79 (C.19:63-1 et seq.) shall apply under this section.

b. (1) For any election, the county board of elections in each county shall establish ballot drop boxes where voters may deposit their voted mail-in ballots at least 45 days before the election. The ballot drop boxes shall be located throughout the county in a manner specified under paragraph (2) of this subsection. The county board of elections may establish a pickup schedule to retrieve mail-in ballots deposited in ballot drop boxes, consistent with the guidelines established by the Secretary of State pursuant to subparagraph (c) of paragraph (2) of this subsection.

(2) (a) A ballot drop box shall mean a secured drop box that is not required to be within view of a live person for monitoring. All ballot drop boxes shall be available for use by a voter 24 hours a day and shall be placed at locations equipped with security cameras that allow for surveillance of the ballot drop box.

(b) Beginning with the 2021 general election, at least one ballot drop box shall be located: at any county government building in which the main office of the county clerk is located; in each municipality with a population larger than 5,000 residents; at the main campus of each State college or university; and the main campus of each independent four-year college or university with enrollments larger than 5,000 students. Notwithstanding the locational criteria established by this subparagraph, whenever two or more ballot drop box locations are separated by a distance of less than 2,000 feet, the board of elections in each county shall determine secondary locations for those ballot drop boxes in compliance with the requirements of this section. The secondary ballot drop box locations shall be located within the municipality where those ballot drop boxes were originally located and shall be approved by a majority vote of the members of the board of elections. However, in the event of a tie in the votes cast by the members of the board of elections, the county clerk shall cast the deciding vote. Whenever possible, at least one ballot drop box shall be located in a municipality with an average per capita income or a median family income at or below 250% of the federal poverty guideline according to the most recent federal American Community Survey.

(c) The board of elections in each county shall establish no fewer than 10 ballot drop boxes. To the best of their ability, the board of elections of every county shall place secure ballot drop boxes based on geographic location and population density to best serve the voters of each county in compliance with the guidelines adopted pursuant to subsection c. of this section. The Secretary of State shall establish guidelines for the placement of the ballot drop boxes, the security of the ballot drop boxes, and the schedule for ballot pickup from the ballot boxes.

(d) All ballot drop box locations shall be on sites that meet the accessibility requirements applicable to polling places under R.S.19:8-2 and shall be subject to the same compliance oversight applicable to polling places under section 3 of P.L.1991, c.429 (C.19:8-3.3). A ballot drop box site shall be considered accessible if it is in compliance with the federal "Americans with Disabilities Act of 1990" (42 U.S.C. s.12101 et seq.).

(e) Except as otherwise provided herein, no ballot drop box shall be located inside, or within [100] 200 feet of an entrance or exit, of a State, county, or municipal police station.

Notwithstanding the provisions of this subparagraph, a ballot drop box that has already been installed and permanently affixed prior to the effective date of this act, P.L.2021, c.459, at any of the following locations may remain at that location notwithstanding that the ballot drop box is within 100 feet of an entrance or exit of a State, county, or municipal police station if the county commissioners approve the continued presence at that location by a majority vote of the commissioners and with the reasons therefor subject to public disclosure:

any county government building in which the main office of the county clerk is located; any municipal government building in which the main office of the municipal clerk is located in municipalities with populations larger than 5,000 residents; the main campus of a county community college; the main campus of a State college or university; and the main campus of an independent four-year college or university with enrollments larger than 5,000 students.

(f) Except as otherwise permitted herein, no State, county, or municipal police officer shall remain or stand within 100 feet of a ballot drop box in use during the conduct of an election. Nothing herein shall be interpreted to prohibit the police officer from:

voting at that ballot drop box in a personal capacity;

traveling to and from, or remaining within, their personal residence if that residence is within [100] 200 feet of a ballot drop box;

investigating, addressing, or removing any cause for a disturbance, or otherwise responding to a request for assistance, on or around the premises of the location of that ballot drop box; or

escorting to or from, or both, a ballot drop box or the premise on which it is located any person who may require the assistance of the officer.

(g) No person shall wear, display, sell, give, or provide any political or campaign slogan, badge, button, or other insignia associated with any political party or candidate within 100 feet of a ballot drop box in use during the conduct of an election, except with respect to the badge furnished by the county board as provided by law. A person violating the provisions of this subparagraph shall be guilty of a disorderly persons offense.

c. The Secretary of State, in consultation with county boards of elections, shall establish the guidelines necessary to ensure the secure and successful implementation of the mail-in ballot drop boxes required by this section to ensure adequate access in various geographic areas of the county. In determining the ballot drop box locations, the secretary and county boards of elections shall consider, at a minimum, concentrations of population, geographic areas, voter convenience, proximity to public transportation, community-based locations, travel time to the location, proximity to other voting locations and ballot drop boxes, commuter traffic patterns, and security. The guidelines shall include, but may not be limited to, criteria for each county board of elections to:

(1) determine the number of ballot drop boxes required per voter population, considering both the number of registered voters and the number of registered mail-in voters in each county before each election;

(2) select the geographic location of each ballot drop box, ensuring an equitable distribution of ballot drop boxes across the county to maximize convenience to voters;

(3) ensure the accessibility of ballot drop boxes and drop box locations to persons with disabilities; and

(4) maintain the security of ballot drop boxes and of the ballots deposited therein, including standards and procedures for ballot retrieval by authorized persons only, and for ensuring the proper chain of custody and safe storage of voted mail-in ballots before each election.

d. Each county clerk shall include the locations of the ballot drop boxes established in the county along with the instructions furnished with the mail-in ballot package sent to each mail-in voter pursuant to section 7 of P.L.2009, c.79 (C.19:63-7). At least 45 days before each election, each county board of elections shall cause to be published on their respective websites the location of the ballot drop boxes in each county, and shall provide this information to the Secretary of State for publishing the same on the Division of Elections website.

e. Whenever a municipal, school, or special election is held, the board shall, at a minimum, open the ballot drop box located geographically closest to the municipal government building in which the main office of the municipal clerk is located and the ballot drop box located at the board of elections or county office, if one is placed at that location. When a school election encompasses more than one municipality, the board shall be responsible for the selection of the ballot drop box location with respect to each municipality.

(cf: P.L.2022, c.70, s.4)

5. (New Section) a. No person employed as a law enforcement officer as defined in subsection f. of this section, whether on or off-duty and whether in or out of uniform, shall remain, stand, or conduct a civil enforcement operation within 200 feet of a polling place, a ballot drop box, or a county board of elections during the conduct of an election if the law enforcement officer knows, or should have known, that such presence is likely to:

(1) impede, hinder, prevent, or otherwise interfere with the free exercise of the franchise of any voter at any election, or improperly influence a reasonable voter in the voter’s decision to exercise the voter’s lawful right to vote, either at a polling place or by depositing a mail-in ballot at a ballot drop box; or

(2) impede or interfere with the ability of an elections official to perform the elections official’s lawful duties as established by Title 19 of the Revised Statutes.

b. This section shall not be construed to prohibit a law enforcement officer from:

(1) traveling to and from, or remaining within, the officer’s personal residence if that residence is within 200 feet of a polling place or a ballot drop box;

(2) voting at a polling place or ballot drop box in a personal capacity and assisting others in a legal manner, including, but not limited to, serving as a bearer for immediate family members;

(3) executing a valid judicial warrant when a supervising officer reasonably determines in writing, when practicable and before the operation, that delaying or relocating the operation would create a substantial risk of flight, destruction of material evidence, death, or bodily injury;

(4) escorting a person who may require the assistance of the officer to or from, or both, a polling place, a ballot drop box, or both;

(5) investigating, addressing, or removing the specific cause of a disturbance, or otherwise responding to a request for assistance, on or around the premises of the location of a polling place or a ballot drop box; or

(6) entering and exiting a federal, State, county, or municipal government building that is within 200 feet of a polling place or ballot drop box location for activity that is not directed toward voters, elections personnel, or persons traveling to or from a polling place or ballot drop box location, and is conducted so as to minimize any reasonably foreseeable effect on voting.

When practicable, a law enforcement officer acting upon paragraphs (3), (4), (5), or (6) shall notify the appropriate county board of elections or superintendent of elections and shall document the factual basis for the exception. Failure to provide advance notice during an emergency does not independently establish a violation.

Nothing in this section shall be construed to interfere with federal elections observers or monitors acting pursuant to federal law or court order.

c. A violation of this section shall not require proof that a voter was actually prevented from voting. This section applies without regard to whether the law enforcement officer exercises federal, State, county, or municipal authority.

d. In response to a violation of subsection a. of this section:

(1) the Attorney General, a county superintendent of elections, a county board of elections, or an eligible voter facing an imminent or continuing violation may bring an action in the Superior Court for declaratory or prospective injunctive relief; and

(2) the court shall tailor relief to protect voting while avoiding unnecessary interference with lawful law enforcement activity.

Relief may include, but not be limited to, relocation of staging activity, cessation of voter-directed surveillance or questioning, restoration of unobstructed access, public corrective notice, extension of polling hours as otherwise authorized by law, or another election-related remedy.

e. No State, county, or municipal agency or employee shall knowingly provide personnel, equipment, facilities, nonpublic information, or operational assistance for a civil enforcement operation prohibited by subsection a. of this section, except as required by federal law or judicial order. Nothing in this section restricts voluntary communication with federal authorities concerning an immediate threat to life or physical safety or an elections offense.

f. As used in this section:

“Law enforcement officer” means any person who is employed as a sworn member of any federal, State, county, or municipal law enforcement agency, department, division, or instrumentality of those governments who is statutorily empowered to act for the detection, investigation, arrest, conviction, detention, or rehabilitation of persons violating the laws of this State or the United States.

“Judicial warrant” means a warrant based on probable cause and issued by a federal Article III judge or magistrate judge, or the State equivalent.

6. (New section) a. The Attorney General shall establish a process through which elections officials, law enforcement agencies, and members of the public may report alleged violations. A report alone does not constitute a violation.

b. Within 120 days after each general election, the Attorney General shall publish an aggregate report describing substantiated incidents, remedies sought or obtained, and recommendations for administrative action and potential legislation. The report shall protect personally identifying information, confidential law-enforcement information, and confidential and sensitive election-related information.

7. (New section) The Attorney General, in consultation with the Secretary of State, shall issue guidance and training standards for State, county, and municipal law enforcement officers and elections officials. The guidance shall explain the objective, exceptions, documentation procedures, de-escalation practices, and coordination necessary to preserve voter access and public safety.

8. This act shall take effect on the 90th day following enactment, except that the Attorney General and the Secretary of State may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill, to be known as the “Voter Protection and Law Enforcement Neutrality Act,” concerns certain law enforcement activity during an election.

The bill prohibits law enforcement officers from standing or conducting a civil enforcement operation, or remaining within 200 feet of a polling place or ballot drop box during the conduct of an election if the officer knows, or should have known, that the officer’s presence is likely to:

impede, hinder, prevent, or otherwise interfere with the free exercise of the franchise of any voter at any election, or improperly influence a reasonable voter in the voter’s decision to exercise the voter’s lawful right to vote, either at a polling place or by depositing a mail-in ballot at a ballot drop box; or

impede or interfere with the ability of an elections official to conduct an election.

The purpose of this bill is to ensure that the State preserves a limited amount of space around polling places and ballot drop boxes necessary for the State and its elections officials to conduct elections under the authority delegated to the State by the Elections Clause of the United States Constitution, and for voters to exercise their lawful right to vote, without interference from certain members of law enforcement. The bill seeks to balance the rights and interests of the State and voters with the responsibilities of law enforcement by expanding the restricted area from 100 feet to 200 feet around polling places and ballot drop boxes and by including exceptions where a law enforcement officer is:

exercising a valid judicial warrant;

traveling to and from, or remaining within, their personal residence if that residence is within 200 feet of a polling place or a ballot drop box;

voting at a polling place or ballot drop box in a personal capacity and assisting others in a legal manner, including, but not limited to, serving as a bearer for immediate family members;

escorting a person who may require the assistance of the officer to or from, or both, a polling place, a ballot drop box, or both;

investigating, addressing, or removing the specific cause of a disturbance, or otherwise responding to a request for assistance, on or around the premises of the location of a polling place or a ballot drop box; or

entering and exiting a federal, State, county, or municipal government building that is within 200 feet of a polling place or ballot drop box location for activity that is not directed toward voters, election personnel, or persons traveling to or from a polling place or ballot drop box location, and is conducted so as to minimize any reasonably foreseeable effect on voting.

Under the bill, in response to a violation, the Attorney General, a county superintendent of elections, a county board of elections, or an eligible voter facing an imminent or continuing violation may bring an action in the Superior Court for declaratory or prospective injunctive relief. The court would be required to tailor relief to protect voting while avoiding unnecessary interference with lawful law enforcement activity. Relief may include, but not be limited to, relocation of staging activity, cessation of voter-directed surveillance or questioning, restoration of unobstructed access, public corrective notice, extension of polling hours as otherwise authorized by law, or another election-related remedy.

The bill requires the Attorney General to establish a process for reporting alleged violations. Within 120 days after each general election, the Attorney General is required to publish a report describing substantiated incidents, remedies sought or obtained, and recommendations for administrative action and potential legislation. The Attorney General, in consultation with the Secretary of State, is required to issue guidance and training for State, county, and municipal law enforcement officers and elections officials to preserve voter access and public safety.

The bill defines a “law enforcement officer” as any person who is employed as a sworn member of any federal, State, county, or municipal law enforcement agency, department, division, or instrumentality of those governments who is statutorily empowered to act for the detection, investigation, arrest, conviction, detention, or rehabilitation of persons violating the laws of this State or the United States.