Bill > S2025

Introduced Session

This bill, the "New Jersey Elections Security Act," establishes a demonstration program to transition the State to a paper ballot voting system using optical scanners in each election. The bill requires that whenever a county replaces its electronic voting machines, it must replace them with a paper ballot voting system as described in the bill. The paper ballot voting system will include the following components: a voter at the polls will mark a paper ballot either by hand, or by using a ballot marking device, or both, which will be tabulated using voting equipment certified by the State. The voter will vote independently, unless the voter is entitled to request and has requested assistance to vote pursuant to guidelines under the Americans with Disabilities Act, and in that case the voter shall be assisted. The bill requires the voting equipment to provide a "cast vote record," and to adhere to the federal Election Assistance Commission's Voluntary Voting System Guidelines. The bill provides that, prior to verification of the official election results by the County Boards of Elections or Superintendents of Elections, as the case may be, the boards or superintendents would be required to (1) compare and reconcile the cast vote record with the number of voters who signed in at the polling place and who voted by mail-in, provisional, and military or overseas ballots; (2) compare and reconcile precinct totals with countywide results to ensure that they add up to the correct amount; and (3) review, and account for, all voting equipment memory cards or flash drives to ensure they are properly loaded into the tally server. The bill also requires counties to conduct a risk-limiting audit for each election, which is an audit protocol that makes use of statistical methods and is designed to limit to acceptable levels the risk of certifying a preliminary election outcome that constitutes an incorrect outcome. This provision in the bill is modeled after the risk-limiting audit statute in the State of Colorado. Under the bill, the State is permitted to appropriate funds necessary to purchase new equipment. Counties would be permitted to sell decommissioned voting machines, equipment, and software to other states to recoup funds, and the Department of State is to apply for grant funding from the United States Election Assistance Commission to help offset these costs. In addition, the bill creates a permanent 12-member New Jersey Election Security Commission, composed of cabinet officers from the Executive Branch, members of the Senate and General Assembly, and local officials from the New Jersey Association of Election Officials. No later than four months following each general election after the bill becomes law, the commission is to draft and release a report on the security of elections occurring in this State during the previous year. The report is to include the results from the risk-limiting audit and the change to paper ballots as required by the bill. The commission may make recommendations, if deemed necessary, for the improvement of election security in this State. The bill would take effect 180 days following the date of enactment, but the Department of State in conjunction with any other applicable departments and local government units may take anticipatory actions prior to its enactment.

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Jim Beach (D)*, 

Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee (on 03/03/2022)

Official Document