19A:R-1. Registration required to vote; Persons entitled to register

a. A person shall be permitted to vote at an election only if the person has been registered to vote in the county and has resided in the county for 30 days at the time of the election.

b. Any person may register to vote, who:

(1) is a citizen of the United States;

(2) is 18 years of age or older;

(3) has not been disqualified from voting; and

(4) is a resident of this state and of the county in which the person seeks to register.

c. A person who claims denial of an opportunity to register to vote or to remain a registered voter in violation of law, may seek relief by providing written notice to the Commission on Elections. The notice shall include the name and address of the person seeking relief, the date of the alleged violation and as many of the particulars relative to the violation as that person can recount and shall be certified by that person's signature. If the violation has not been investigated or corrected within 90 days after the Commission receives written notice of the violation, or within 20 days if the violation occurred within 120 days prior to the day of an election, the aggrieved person may bring a civil action in Superior Court for declaratory or injunctive relief with respect to the violation. If the violation occurred within 30 days prior to the day of an election, the aggrieved person shall not be required to provide written notice to the Commission before bringing a civil action. In a civil action brought under this subsection, the court may allow the prevailing party, other than the United States, reasonable attorney fees, including litigation fees and costs.

Source: 19:31-1; 19:31-5; 19:31-29.

COMMENT

Subsection (a) is substantially identical to 19:31-1 except for the 30-day residence requirement which is derived from 19:31-5. The residence requirement has been moved to subsection (b) because under current law, a person may register within 30 days of an election, but in that event, may not vote in the election. See 19:31-5 and 19:31-6.1. Material in 19:31-5 making registration permanent regardless of whether a person has failed to vote has been deleted as unnecessary. Other sections limit the grounds which allow a voters name to be removed from registration.

Subsection (c) is substantially identical to 19:31-29 except that references to the Secretary of State have been changed to the Commission on Elections.

19A:R-2. Registration

a. A person may register to vote by:

(1) completing a voter registration form at a voter registration agency;

(2) completing a voter registration form while applying for a motor vehicle driver's license from an agent of the Division of Motor Vehicles, as provided for in section 24 of P.L.1994, c.182 (C.39:2-3.2); or

(3) mailing a completed voter registration form to the Commission on Elections or to the appropriate county board of elections.

b. Voter registration agencies are:

(1) An 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.);

(2) An 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.;

(3) An 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);

(4) An 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.);

(5) An 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;

(6) An 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;

(7) A 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;

(8) An office of the Division of Vocational Rehabilitation Services of the New Jersey Department of Labor;

(9) An office of the Commission for the Blind and Visually Impaired of the New Jersey Department of Human Services;

(10) A 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;

(11) The office of a county board of elections; and

(12) The office of the municipal clerk of a municipalities of this State.

c. A voter registration agency shall inquire of members of the public whether they are registered to vote. Any member of the public who is not registered and does not express a decision not to register shall be provided with a voter registration form, instructions and a declination form.

d. After consultation with the chief administrative officers at voter registration agencies, the Commission on Elections shall adopt 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 after the date on which the completed forms are received by the voter registration agencies.

e. All registration forms received by the Commission on Elections in the mail or forwarded to the Commission by voter registration agencies shall be forwarded to the appropriate county election board.

f. Each completed declination form received by a voter registration agency shall be kept confidential for a period of at least two years. After consultation with the chief administrative officers at voter registration agencies, the Commission on Elections shall determine which agency shall retain the declination forms.

Source: 19:31-6; 19:31-6.11.

COMMENT

Subsections (d), (e) and (f) are substantively identical to the equivalent subsections of 19:31-6.11.

19A:R-3. Registration and declination forms

a. The Commission on Elections shall prepare registration forms of size and weight suitable for mailing, in substantially the following form:

VOTER REGISTRATION APPLICATION

Print clearly in ink.

(1) This form is being used as (check one):

[ ] New registration

[ ] Address change

[ ] Name change

(2) Name:......

Last First Middle

(3) Street Address where you live:

......

Street Address Apt. No.

......

(4) City or Town County Zip Code

(5) Address Where You Receive Your Mail (if different from above):

......

(6) Date of Birth:

......

Month Day Year

(7) Telephone Number (optional) ......

(8) Name and address of Your Last Voter Registration

......

......

......

(9) 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 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 $1,000.00, IMPRISONMENT UP TO FIVE YEARS, OR BOTH PURSUANT TO R.S.19:34-1.

......

Signature or mark of the registrant Date

(10) If applicant is unable to complete this form, print name and address of individual who completed this form.

......

Name

......

Address

The form may also include notice to the applicant of information and options relating to the registration and voting process, including 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; a place at which the applicant may indicate availability for service as an election official; and a place at which the applicant may indicate a desire to receive information concerning absentee voting.

b. The reverse side of the registration form shall bear the address of the Commission on Elections or the board of elections to which the form is supplied, and a United States postal permit the charges upon which shall be paid by the State.

c. Each such registration form shall have annexed to it instructions specifying the manner and method of registration and stating the qualifications for an eligible voter.

d. The Commission on Elections shall prepare a declination form to be distributed with registration forms at voter registration agencies. The form shall include:

(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 or not 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 you do so will remain confidential and will be used only for voter registration purposes.

e. The Commission on Elections shall prepare registration forms, instructions and declination forms in both the English and Spanish language and in any other language which it finds to be the primary language of 10% of registered voters of any election district. Forms in languages other than English shall be provided in areas where there is at least one election district in which bilingual sample ballots must be provided by law.

f. The Commission on Elections shall furnish registration forms upon request in person to any agency required by law to make forms available to voters, and shall provide reasonable quantities to any person or organization that requests them. The Commission shall furnish no fewer than two forms to any person upon request by mail or by telephone.

g. Registration forms received by the Commission on Elections shall be forwarded to the board of elections in the county of the registrant.

Source: 19:31-6.4

COMMENT

Though simplified and reorganized, this section is substantially similar to 19:31-6.4 except that the reference to the Secretary of State has been changed to the Commission on Elections. Subsection (c) has been broadened because languages other than English and Spanish may be required. In place of subsection (f), subsection (d) has been broadened to reflect the current requirement that forms are distributed and accepted by a variety of public agencies. Subsection (h) of the source, which dealt with determining when an application made through a motor vehicle office was made within time requirements, was deleted as the subject is now treated generally by 19A:r-4.

19A:R-4. Acceptance of registration; time

a. Upon receipt of a completed registration form, the board of elections registration shall review it, and if it is found to be in order, shall:

(1) Send to the registrant written notification that the registrant is registered to vote. 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 Board of Elections.".

(2) In the case of a registrant currently registered in another county of this State, notify the board of elections of the other county to delete the registrant's name from the list of persons registered in the other county.

b. If the board of elections finds that the application has not been properly completed or that the person is not eligible to register, it shall notify the person of the reasons for any refusal to approve his registration.

c. A registration form found to be in order that was mailed by the registrant to the Commission on Elections or to a board of elections shall serve to register the voter as of the date of its mailing. A registration form received from the registrant by any other agency required by law to accept registration forms shall serve to register the voter as of the date of its acceptance by that agency.

Source: 19:31-6.5

COMMENT

Subsection (c) has been added; it generalizes timing rules found now in a number of statutory sections. See, e.g. 19:31-6.4.

19A:R-5. Previous registration in another county; notice

When a person registering to vote indicates on the registration form a previous registration address in another county of this State, the election board of the county in which the person newly registers shall forthwith notify the election board of the county in which such person was last registered of the new registration and enclose a copy of the registration form. On receipt of the notice, the election board shall transfer the registration forms of the person to the inactive file.