Title 19, ELECTIONS

19:53A-14. Recount In case of a recount the ballot cards shall be recounted in the manner provided by section 8 of this act unless the court ordering the recount directs that they be counted manually. L.1973, c. 82, s. 14, eff. April 12, 1973.

19:53A-15 Tampering with or willfully injuring record or equipment or interference with conduct of election; penalty; application of laws. 15. a. Any person who before, during or after an election tampers with or willfully injures any voting device, ballot cards, or other records…

19:53A-2 Use of electronic voting systems; devices, certain, prohibited. 2. a. The board of chosen freeholders of any county may adopt, acquire by purchase, lease, or otherwise, or abandon any electronic voting system or mechanical system authorized herein which has been approved…

19:53A-3 Requirements of electronic voting systems. 3. Every electronic voting system, consisting of a voting device in combination with automatic tabulating equipment, acquired or used in accordance with this act, shall: a. Provide for voting in secrecy, except in the case of vo…

19:53A-3.1 Reimbursement for purchase, retrofit of voting machine to produce paper record, provision suspended until certain conditions met. 3. Unless federal funding is made available to pay for the purchase or retrofit of a voting machine to produce a voter-verified paper recor…

19:53A-4. Approval No voting device shall be used in an election in this State unless in combination with automatic tabulating equipment used to count and tabulate ballots it meets the requirements in section 3 of this act, and has been approved by the Secretary of State, or othe…

19:53A-5 Ballots; labels, form; samples; write-ins. 5. a. Ballot labels shall be in plain clear type in black, of such size and arrangement as to fit the construction of the voting device; they shall be on clear white material or on material of different colors to identify differ…

19:53A-6. Preparation for elections; ballot cards; secrecy while marking ballot 6. a. Prior to any election at which electronic voting devices are used the county board of elections shall have the voting devices prepared for the election and shall provide the district election of…

19:53A-7. Elections; conduct, report 7. a. Thirty minutes before the opening of the polls the local district election officers shall arrive at the polling place, place the voting devices in position for voting, and examine them to see that they have the correct ballot labels by c…

19:53A-8. Counting of ballots; testing of equipment 8. a. Prior to the start of the count of the ballots, each county board of elections shall have the automatic tabulating equipment tested to ascertain that it will accurately count the votes cast for all offices and on all measu…

19:53A-9 Absentee votes, permitted methods. 9. Absentee votes may be cast on paper ballots or ballot cards, or both methods may be used, provided that, following the effective date of P.L.2004, c.88 (C.19:61-1 et al.), absentee votes shall not be cast in any election in this Stat…

19:53B-1. Emergency ballot box packet, packages; preparation 10. a. The county clerk or the municipal clerk, in the case of a municipal election, shall prepare an emergency ballot box packet which shall include the appropriate number of emergency ballots, the appropriate number o…

19:53B-10. Voted emergency ballot placed in sealed envelope 19. After voting the emergency ballot and before leaving the polling booth or the designated voting area, as the case may be, the voter shall place the voted emergency ballot in the pre-punched single-hole plain white en…

19:53B-11. Deposit of sealed envelope in emergency ballot box 20. The voter shall hand the sealed envelope to the member of the election board having charge of the voting machine. The member shall keep the sealed white envelope in full view of the voter, the other district board …

19:53B-12 Challenge of voter using emergency ballot, electronic voting machine. 21. The right to challenge a voter who uses the emergency ballot shall exist until the emergency ballot is deposited in the emergency ballot box. If the right of a person to vote is challenged, the sa…

19:53B-13. Canvassing emergency ballots 22. In canvassing the emergency ballots, the district board shall count the votes as follows: a. If proper marks are made in the squares provided for the names of any candidates in any column and the total number voted for, for each office,…

19:53B-14. Void emergency ballots 23. In counting the emergency ballots, the board shall deem void all emergency ballots which are wholly blank, or on which more names have been marked for every office than there are persons to be elected to the office, and on which both "Yes" an…

19:53B-15. Void emergency ballots not counted 24. In every case in which an emergency ballot shall be declared invalid, the same, which shall be enclosed in a pre-punched single-hole plain white envelope shall not be canvassed or counted, but shall be marked "VOID" on the outside…

19:53B-16. Decision of district board final, dissension 25. The decision of a majority of the district board on any question shall be deemed the decision of the board and final. If any member of the board dissents from any decision and wishes to make the dissension known to avoid…

19:53B-17. Reading of emergency ballots 26. The district board members, in the actual procedure of counting the emergency ballots, shall break the seal and open the emergency ballot box. The emergency ballots shall be taken singly and separately therefrom by the judge of the elec…

19:53B-18. Tallying of votes 27. a. The clerks of the board shall, upon the tally sheets provided for that purpose, make a list of the names of all persons for whom one or more votes shall have been given, designating the office which that person shall be voted for, and of any pu…

19:53B-19. Emergency ballot tally added to machine tally 28. When the machine tally is completed, the district board members shall record the results of the emergency ballot tally, if any ballots were voted, on the statement of canvass in the section provided and shall add the em…

19:53B-2. Distribution, use of emergency ballots 11. a. The board shall not permit other emergency ballots to be used at an election except the emergency ballots which are provided for by this amendatory and supplementary act, P.L.1992, c.3 (C.19:53B-1 et al.). It shall confine t…

19:53B-20. Ballots remain sealed in box for 15 days; when removable 29. When district board members have processed both voted and non-voted emergency ballots, the ballots shall remain sealed within the box for a period of 15 calendar days, which shall begin on the first business …

19:53B-21 List by district, number of emergency ballots used. 1. Within 15 calendar days after an election other than a general election or three days after the certification of the results of that election, whichever occurs later, or in the case of a general election on the day …

19:53B-3. Voting with emergency ballots 12. a. If for any cause a voting machine fails to operate, the district board shall use the supply of emergency ballots that are on hand at the opening of the polls. The mode and manner of voting the emergency ballots shall in all respects …

19:53B-4. Use of emergency ballot box 13. If it becomes necessary to use the emergency ballot box, and if the numbers on the green seal and the voting machine key envelope were identical when previously examined as provided in R.S.19:52-1, the judge of the district board shall re…

19:53B-5. Procedure for voter use of emergency ballots 14. After the district board ascertains that a voter is properly registered and qualified to vote, the member of the board charged with maintaining the signature copy register shall require the voter to sign the signature cop…

19:53B-6 Emergency ballots marked secretly; violation. 15. Every voter to whom an emergency ballot is given shall retire into the polling booth or to the designated voting area, as the case may be. Not more than one voter shall be permitted to enter or be in the same booth or vot…

19:53B-7. Method of marking ballot 16. To vote for a candidate whose name is printed in any column, the voter shall mark a cross x, plus + or check / in the square provided for the name of each candidate in any column for whom the voter chooses to vote. To vote upon the public qu…

19:53B-8. Personal choice column provided on emergency ballots 17. Nothing in this amendatory and supplementary act, P.L.1992, c.3 (C.19:53B-1 et al.) shall prevent any voter from writing or pasting within the proper title of office in the column designated personal choice, the n…

19:53B-9. Spoiled emergency ballots 18. If any voter to whom any official emergency ballot has been handed spoils or renders the same unfit for use, the voter shall return the emergency ballot and the pre-punched single-hole plain white envelope to a district board member. The vo…

19:53C-1 Preparation of provisional ballot packet; notices. 7. a. (1) The county clerk or the municipal clerk, in the case of a municipal election, shall arrange for the preparation of a provisional ballot packet for each election district. It shall include the appropriate number…

19:53C-10 Voted provisional ballot placed in envelope, written instructions. 16. a. After voting the provisional ballot and completing the affirmation statement, and before leaving the polling booth or the designated voting area, as the case may be, the voter shall place the vote…

19:53C-11. Inventory of provisional ballots 17. Immediately following the closing of the polls on the day of an election, the members of the district board shall inventory the provisional ballots. All invalid provisional ballots placed in envelopes and marked "SPOILED" shall be c…

19:53C-12. Transportation of provisional ballot bag 18. Immediately following the sealing of the provisional ballot bag at a polling place on the day of any election, a member of the district board shall transport the ballot bag and all other election materials to a location desi…

19:53C-13 Opening of provisional ballot bag. 19. When the office of the commissioner of registration receives a provisional ballot bag that has been found to be in good order, the commissioner thereof shall first break the seal and open the bag. In any county where the superinten…

19:53C-14. Canvassing provisional ballots 20. In canvassing the provisional ballots, the county board shall count the votes as follows: a. If proper marks are made in the squares provided for the names of any candidates in any column and the total number voted for, for each offic…

19:53C-15. Counting provisional ballots; standards for validity 21. In counting the provisional ballots, the board shall deem void all provisional ballots which are wholly blank, or on which more names have been marked or designated for every office than there are persons to be e…

19:53C-16. Invalid provisional ballots 22. In every case in which a provisional ballot shall be declared invalid, the ballot, which shall be enclosed in a envelope, shall not be canvassed or counted, but shall be marked "REJECTED" on the outside thereof. Provisional ballots which…

19:53C-17. Votes counted, void votes 23. If, for any reason, a provisional ballot voter votes a ballot other than the ballot for the district in which the voter is qualified to vote, the votes for those offices and questions for which the voter would be otherwise qualified to vot…

19:53C-18. Decision of county board final 24. The decision of a majority of the county board on any question concerning a provisional ballot matter shall be deemed the decision of the board and final. If any member of the board dissents from any decision and wishes to make the di…

19:53C-19. Use of tally sheets 25. a. The clerk of the board shall, upon the tally sheets provided for that purpose, make a list of the names of all persons for whom one or more votes shall have been given, designating the office which that person shall be voted for, and of any p…

19:53C-2. procedures, use of provisional ballots 8. a. The district board shall not permit other provisional ballots to be used at an election except those provisional ballots provided for by P.L.1999, c.232 (C.19:53C-1 et al.). It shall confine the distribution and use of the pr…

19:53C-20. Votes tallied 26. Upon the receipt of a certified tally sheet from the county board, the county clerk shall add the votes contained thereon to the total vote for all candidates and in favor of or against all public questions cast at the polling place from which the tal…

19:53C-21 List by district, number of provisional ballots used. 2. Within 15 calendar days after an election other than the general election or three days after the certification of the results of that election, whichever occurs later, or in the case of a general election on the …