New_jersey Statute | Act | Code |Title 19 Elections| US Code - US Statute

19:31-6a. Chief State election officer designated. 25. The Attorney General is designated the chief State election official and shall be responsible for the coordination of this State@s responsibilities pursuant to the provisions of the ~National Voter Registration Act of 1993,~ Pub.L.103-31 (42 U.S.C. s.1973gg et seq.) and the ~Help America Vote Act of 2002,~ Pub.L.107-252 (42 U.S.C. 15301 et seq.). L.1994,c.182,s.25; amended 2004, c.88, s.11. 19:31-6.1 Acceptance of applications for registration during 20 days prior to election, ineligibility to vote. 1. Notwithstanding any other provisions of the Title to which this act is a supplement, any person authorized by law to accept applications for voter registration shall accept, during the 20-day period prior to any election, the application for registration of all eligible voters who shall personally appear for registration before such person, or the registration card mailed or delivered to such person, but no eligible voter so registered shall be entitled to vote in the election immediately following said 20-day period. Any person registered under the provisions of this act shall be advised that he will not be eligible to vote in the election immediately forthcoming but will be eligible to vote in elections held thereafter. Applications for registration pursuant to the provisions of this act shall be received at such place or places as may be designated by any duly authorized election official. L.1966,c.177,s.2; amended 1974, c.30, s.8; 2005, c.139, s.9. 19:31-6.2. Application of other provisions to persons registered under act Except to the extent inconsistent herewith concerning the registration of voters, all other provisions shall be applicable to persons registered under the provisions of this act. L.1966, c. 177, s. 2. 19:31-6.3 Public agency defined; completion, submission of registration forms. 15. a. As used in this section, ~public agency~ shall mean: The Division of Worker@s Compensation, the Division of Employment Services and the Division of Unemployment and Temporary Disability Insurance, established initially by section 5 of P.L.1948, c.446 (C.34:1A-5), in the Department of Labor and Workforce Development; The Division of Taxation in the Department of the Treasury, continued under section 24 of P.L.1948, c.92 (C.52:18A-24); The New Jersey Transit Corporation, established pursuant to section 4 of P.L.1979, c.150 (C.27:25-4); Any free county library established under the provisions of article 1 of chapter 33 of Title 40 of the Revised Statutes; Any regional library established under the provisions of P.L.1962, c.134 (C.40:33-13.3 et seq.); Any free public library established under the provisions of article 1 of chapter 54 of Title 40 of the Revised Statutes; Any joint free public library established under the provisions of P.L.1959, c.155 (C.40:54-29.3 et seq.); Any public institution of higher education as included under the provisions of N.J.S.18A:62-1; Any eligible institution, as defined by subsection a. of section 3 of P.L.1979, c.132 (C.18A:72B-17), that receives financial assistance, aid, or grants from State funds; Any office or commercial establishment where State licenses or permits, other than licenses or permits issued by a professional or occupational board established under the laws of this State, are available to individual members of the public; and Any recruitment office of the New Jersey National Guard. b. Any person entitled to register to vote may register as a voter in the election district in which that person resides at any time prior to the 21st day preceding any election by completing a registration form described in section 16 of P.L.1974, c.30 (C.19:31-6.4) and submitting the form to the commissioner of registration of the county wherein the person resides or alternatively, in the case of a registration form provided by the employees or agents of a public agency or a voter registration agency, as defined in subsection a. of section 26 of P.L.1994, c.182 (C.19:31-6.11), to those employees or agents or to the Attorney General. Any registration form addressed to a commissioner of registration may be mailed to or delivered to the office of that commissioner, and in the case of a registration form available at a public agency, the form shall be mailed to the Attorney General or delivered to the commissioner of registration in the county of the registrant. A registration form postmarked, stamped or otherwise marked as having been received from the registration applicant, on or before the 21st day preceding any election shall be deemed timely. L.1974,c.30,s.15; amended 1974, c.51, s.4; 1991, c.318, s.1; 1994, c.182, s.6; 2003, c.36, s.1; 2005, c.139, s.10. 19:31-6.4 Registration forms, contents, availability; duties of officials. 16. a. The Attorney General shall cause to be prepared and shall provide to each county commissioner of registration forms of size and weight suitable for mailing, which shall require the information required by R.S.19:31-3 in substantially the following form: VOTER REGISTRATION APPLICATION Print clearly in ink. Use ballpoint pen or marker. (1) This form is being used as (check one): []New registration []Address change []Name change (2) Name:..................................................... Last First Middle (3) Are you a citizen of the United States of America?[]Yes[]No (4) Will you be 18 years of age on or before election day?[]Yes[] No If you checked @No@ in response to either of these questions, do not complete this form. (5) Street Address where you live: ......................................................... Street Address Apt. No. ......................................................... (6) City or Town County Zip Code (7) Address Where You Receive Your Mail (if different from above): ............................................................ (8) Date of Birth: ...................................................... Month Day Year (9) Telephone Number (optional)...................... (10) Name and address of Your Last Voter Registration ............................................................ ............................................................ ............................................................ (11) If you are registering by mail to vote and will be voting for the first time in your current county of residence, please provide one of the following: (a) your New Jersey driver@s license number:................................ (b) the last four digits of your Social Security Number.................... OR submit with this form a copy of any one of the following documents: a current and valid photo identification card; a current utility bill, bank statement, government check, pay check or any other government or other identifying document that shows your name and current address. If you do not provide either your New Jersey driver@s license number or the last four digits of your Social Security Number, or enclose a copy of one of the documents listed above, you will be asked for identification when voting for the first time, unless you are exempt from doing so under federal or State law. (12) Do you wish to declare a political party affiliation? (Optional): [] YES. Name of Party: [] NO. I do not wish to declare a political party affiliation at this time. (13) Declaration - I swear or affirm that: I am a U.S. citizen. I live at the above address. I will be at least 18 years old on or before the day of the next election. I am not on parole, probation or serving a sentence due to a conviction for an indictable offense under any federal or State laws. I UNDERSTAND THAT ANY FALSE OR FRAUDULENT REGISTRATION MAY SUBJECT ME TO A FINE OF UP TO $15,000, IMPRISONMENT UP TO FIVE YEARS, OR BOTH PURSUANT TO R.S.19:34-1. ........................................................... Signature or mark of the registrant Date (14) If applicant is unable to complete this form, print the name and address of individual who completed this form. ................................................... Name ................................................... Address In addition, the form may include notice to the applicant of information and options relating to the registration and voting process, including but not limited to notice of qualifications required of a registered voter; notice of the final day by which a person must be registered to be eligible to vote in an election; notice of the effect of a failure to provide required identification information; a place at which the applicant may indicate availability for service as a member of the district board of elections; a place at which the applicant may indicate whether he or she requires a polling place which is accessible to individuals with disabilities and the elderly or whether he or she is legally blind; a place at which the applicant may indicate a desire to receive information concerning absentee voting; and if the application indicates a political party affiliation, the voter is permitted to vote in the primary election of a political party other than the political party in which the voter was affiliated previously only if the voter registration form with the change of political party affiliation is filed prior to the 50th day next preceding the primary election. The form may also include a space for the voter registration agency to record whether the applicant registered in person, by mail or by other means. b. The reverse side of the registration form shall bear the address of the Attorney General or the commissioner of registration to whom such form is supplied, and a United States postal permit the charges upon which shall be paid by the State. c. The Attorney General shall cause to be prepared registration forms of the size, weight and form described in subsection a. of this section in both the English and Spanish language and shall provide such forms to each commissioner of registration of any county in which there is at least one election district in which bilingual sample ballots must be provided pursuant to R.S.19:14-21, R.S.19:49-4 or section 2 of P.L.1965, c.29 (C.19:23-22.4). d. The commissioner of registration shall furnish such registration forms upon request in person to any person or organization in such reasonable quantities as such person or organization shall request. The commissioner shall furnish no fewer than two such forms to any person upon request by mail or by telephone. e. Each such registration form shall have annexed thereto instructions specifying the manner and method of registration and stating the qualifications for an eligible voter. f. The Attorney General shall also furnish such registration forms and such instructions to the Director of the Division of Worker@s Compensation, the Director of the Division of Employment Services, and the Director of the Division of Unemployment and Temporary Disability Insurance in the Department of Labor and Workforce Development; to the Director of the Division of Taxation in the Department of the Treasury; to the Executive Director of the New Jersey Transit Corporation; to the appropriate administrative officer of any other public agency, as defined by subsection a. of section 15 of P.L.1974, c.30 (C.19:31-6.3); to the Adjutant General of the Department of Military and Veterans@ Affairs; and to the chief administrative officer of any voter registration agency, as defined in subsection a. of section 26 of P.L.1994, c.182 (C.19:31-6.11). g. All registration forms received by the Attorney General in the mail or forwarded to the Attorney General shall be forwarded to the commissioner of registration in the county of the registrant. h. An application to register to vote received from the New Jersey Motor Vehicle Commission or a voter registration agency, as defined in subsection a. of section 26 of P.L.1994, c.182 (C.19:31-6.11), shall be deemed to have been timely made for the purpose of qualifying an eligible applicant as registered to vote in an election if the date on which the commission or agency shall have received that document in completed form, as indicated in the lower right hand corner of the form, was not later than the 21st day preceding that election. i. Each commissioner of registration shall make note in the permanent registration file of each voter who is required to provide the personal identification information required pursuant to this section, as amended, and R.S.19:15-17, R.S.19:31-5 and Pub.L.107-252 (42 U.S.C. s. 15301 et seq.), to indicate the type of identification provided by the voter and the date on which it is provided. Prior to the June 2004 primary election, when such a newly registered voter seeks to vote for the first time following his or her registration, the voter will be required to provide such personal identification information. Beginning with the June 2004 primary election, when such a newly registered voter seeks to vote for the first time following his or her registration, the voter will not be required to provide such information if he or she had previously provided the personal identification information required pursuant to this section. The required information shall be collected and stored for the time and in the manner required pursuant to regulations promulgated by the Attorney General. j. The Attorney General shall amend the voter registration application form if necessary to conform to the requirements of applicable federal or State law. k. In the event that the name of any political party entered on the voter registration form by a voter who wishes to declare a political party affiliation is not legible, the commissioner of registration shall mail the voter a political party declaration form and a letter explaining that the voter@s choice was not understood and that the voter should complete and return the declaration form in order to be affiliated with a party. L.1974,c.30,s.16; amended 1974, c.51, s.5; 1975, c.15, s.3; 1991, c.318, s.2; 1994, c.182, s.7; 2004, c.88, s.12; 2005, c.139, s.11; 2005, c.146, s.9; 2005, c.153, s.3; 2005, c.154, s.8. 19:31-6.4a. Rules, regulations 10. The Secretary of State may promulgate, pursuant to the ~Administrative Procedure Act,~ P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to effectuate the purposes of this act. L.1991,c.318,s.10. 19:31-6.4b. Penalty 11. No State or county government employee shall be subject to any penalty, liability or disciplinary action for failure to fulfill any responsibility under the provisions of this act except if the employee engages in the fraudulent registration of a voter. L.1991,c.318,s.11. 19:31-6.5 Acceptance of registration, commissioner@s duties. 17. a. Upon receipt of any completed registration form, the commissioner of registration shall review it, and if it is found to be in order, shall: (1) Send to the registrant written notification that such registrant is duly registered to vote. No registrant shall be considered a registered voter until the commissioner of registration reviews the application submitted by the registrant and deems it acceptable. On the face of such notification in the upper left-hand corner shall be printed the words: ~Do Not Forward. Return Postage Guaranteed. If not delivered in 2 days, return to the Commissioner of Registration.~ (2) In as timely a manner as possible, enter the information provided for the registrant on the completed registration form into the Statewide voter registration system established pursuant to section 1 of P.L.2005, c.145 (C.19:31-31). (3) Paste, tape, or photocopy the completed registration form onto an original registration form, and shall paste or tape a copy of such completed registration form onto a duplicate registration form, both of which shall be filed as provided in R.S.19:31-10. Nothing in this paragraph shall preclude any commissioner of registration from keeping the original mail registration form on file. (4) In the case of a registrant currently registered in another county of this State, notify the commissioner of registration of such other county to remove the individual@s name from the registry list of voters of the county and place into an appropriate retention file all registration documents or material relating to that voter. The commissioner of registration of the current county of the registrant shall secure and maintain the entire voting history of that registrant. b. The commissioner shall notify a registrant of the reasons for any refusal to approve his registration. c. (Deleted by amendment, P.L.1994, c.182.) L.1974,c.30,s.17; amended 1974, c.51, s.6; 1976, c.49; 1994, c.182, s.8; 2005, c.145, s.10. 19:31-6.6. Prevention of fraudulent registration and voting; procedures For the purpose of preventing fraudulent registration and voting, the commissioner of registration in counties having a superintendent of elections, and the county board in all other counties, may, at any time deemed necessary, utilize the procedures set forth by R.S. 19:31-15 and by R.S. 19:32-5. L.1974, c. 30, s. 18. 19:31-6.7. Presidential election; door-to-door canvassing 19. a. On December 31 of every year in which a Presidential Election has been held, each county may certify to the Secretary of State the number of newly registered voters who have been registered by door-to-door canvassing and registration, if any, during that calendar year. The funds provided pursuant to subsection c. of this section shall be allocated by the Secretary of State to each county wherein such canvassing and registration has been conducted in the same proportion as the number of voters newly registered by door-to-door canvassing in each such county is to the total number of voters newly registered by door-to-door canvassing in all such counties throughout the State. b. Plans for any door-to-door canvassing and registration may be included in the plan, if any, for mobile registration for the general election submitted pursuant to R.S.19:31-2. c. (Deleted by amendment, P.L.1994, c.182.) L.1974,c.30,s.19; amended 1994,c.182,s.9. 19:31-6.8. Amount of reimbursement of counties for new registrants The Secretary of State shall each year reimburse the counties $0.50 per new registrant, whether the registration was by mail or in person. L.1974, c. 30, s. 20. Amended by L.1974, c. 51, s. 7, eff. June 25, 1974. 19:31-6.9. Rules and regulations To effectuate the purposes of this act and in addition to any other powers and duties provided in or by this act, the Secretary of State may promulgate such rules as may be necessary, including rules delineating which defects if any in partially completed voter registration forms may be cured and the manner in which such defects if any may be cured, all of which shall have the force of law. L.1974, c. 30, s. 21. Amended by L.1975, c. 15, s. 4, eff. Feb. 14, 1975. 19:31-6.10. Severability If any section, subsection, paragraph, sentence or other part of this act is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this act, but shall be confined in its effect to the section, subsection, paragraph, sentence or other part of this act directly involved in the controversy in which said judgment shall have been rendered. L.1974, c. 30, s. 22. 19:31-6.11 Voter registration agency defined; declination forms, contents. 26. a. As used in this section, ~voter registration agency~ means: Any agency or office serving as a food stamp issuer, pursuant to P.L.1988, c.79 (C.44:8-153 et seq.) and the ~Food Stamp Act of 1977,~ Pub.L.95-113 (7 U.S.C. s.2011 et seq.); Any agency or office providing or administering assistance under the ~New Jersey Medical Assistance and Health Services Program,~ pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.) and 42 U.S.C. s.1395 et seq.; Any agency or office distributing food pursuant to the special supplemental food program for women, infants and children (WIC), established pursuant to P.L.1987, c.261 (C.26:1A-36.1 et seq.) and Pub.L. 95-267 (42 U.S.C. s.1786); Any agency or office administering assistance under the Work First New Jersey program established pursuant to P.L.1997, c.38 (C.44:10-55 et seq.); Any public office of the Division of Developmental Disabilities, established pursuant to section 2 of P.L.1985, c.145 (C.30:6D-24), in the Department of Human Services; Any public office of the Office of Disability Services, established pursuant to section 3 of P.L.1999, c.91 (C.30:6E-3), in the Department of Human Services; Any recruitment office of the Armed Forces of the United States, subject to any agreement between this State and the Secretary of Defense of the United States for the joint development and implementation, as provided under subsection (c) of section 7 of Pub.L.103-31 (42 U.S.C. s. 1973gg-6), of procedures for applying at those offices to register to vote; Any office of the Division of Vocational Rehabilitation Services of the New Jersey Department of Labor; Any office of the Commission for the Blind and Visually Impaired of the New Jersey Department of Human Services; Any county welfare agency or county board of social services established pursuant to the provisions of chapter 1 or chapter 4 of Title 44 of the Revised Statutes; The office of the commissioner of registration in the several counties of this State; and Any office of the municipal clerk in the several municipalities of this State. b. With each voter registration form and instructions provided to the chief administrative officer at each voter registration agency under subsections e. and f. of section 16 of P.L.1974, c.30 (C.19:31-6.4), the Secretary of State shall provide at the same time a declination form that includes: (1) the question: ~If you are not registered to vote where you live now, would you like to apply to register to vote here today?~; (2) the statement: ~Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency.~; (3) boxes for the applicant to check to indicate whether the applicant would or would not like to register to vote, together with the statement ~IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME.~; (4) the statement: ~If you would like help in filling out the voter registration application form, we will help you. The decision to seek or accept help is yours. You may fill out the application form in private.~; (5) the statement: ~If you believe that someone has interfered with your right to register or to decline to register to vote, your right to privacy in deciding whether to register or in applying to register to vote, or your right to choose your own political party or other political preference, you may file a complaint with the Secretary of State.~ (insert address and current telephone number); and (6) the statement: IF YOU DECLINE TO REGISTER TO VOTE AT THIS TIME, YOUR DECISION WILL REMAIN CONFIDENTIAL AND WILL BE USED ONLY FOR VOTER REGISTRATION PURPOSES. IF YOU DO REGISTER TO VOTE, THE WAY IN WHICH YOU DO SO WILL REMAIN CONFIDENTIAL AND WILL BE USED ONLY FOR VOTER REGISTRATION PURPOSES. c. The Secretary of State shall cause to be prepared declination forms in the form provided for by subsection b. of this section in both the English and Spanish languages and shall provide such forms to the chief administrative officer of each voter registration agency which has an office in any county in which there is at least one election district in which bilingual sample ballots must be provided pursuant to R.S.19:14-21, R.S.19:49-4 or section 2 of P.L.1965, c.29 (C.19:23-22.4). d. The Secretary of State shall adopt, pursuant to consultation with the chief administrative officers at voter registration agencies, regulations for the prompt return of the completed voter registration forms, but in no case shall the forms be returned later than the fifth day following the date on which the completed forms are received by the voter registration agencies. e. All registration forms received by the Secretary of State in the mail or forwarded to the Secretary of State by employees or agents of the voter registration agencies shall be forwarded to the commissioner of registration in the county of the registrant. f. Each completed declination form received by a voter registration agency shall be kept confidential for a period of at least two years. The Secretary of State shall determine, pursuant to consultation with the chief administrative officers at voter registration agencies, which office or agency shall retain the declination forms. L.1994,c.182,s.26; amended 1999, c.91, s.10. 19:31-6.13. Commissioners of registration, registration assistance 34. The commissioner of registration in each of the several counties shall make available at the office of the commissioner to each person appearing in person thereat to apply for services or assistance provided thereby the assistance in registration prescribed by paragraph (4) of subsection (a) of section 7 of Pub.L.103-31 (42 U.S.C. s. 1973gg-5). Any person providing such assistance in registration shall be subject to the restrictions of paragraph (5) of that subsection. L.1994,c.182,s.34. 19:31-6.12. Registration of persons in armed forces 20. The Secretary of State is authorized, on behalf of this State, to enter into and to carry out an agreement with the Secretary of Defense of the United States for joint development and implementation of procedures for persons to apply at recruitment offices of the Armed Forces of the United States to register as voters of this State. The terms of the agreement with respect to the implementation of those procedures shall conform as nearly as possible to the provisions for the implementation of such procedures at each agency or office providing or administering assistance under the ~New Jersey Medical Assistance and Health Services Program~ pursuant to the provisions of section 28 of P.L.1994, c.182 (C.30:4D-19.1). L.1994,c.182,s.20.

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