New Jersey Assembly Bill A1139

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

Removes 48-hour provision for acceptance of ballots postmarked by election day; increases penalties for violation of ballot messenger and bearer limits and candidate prohibition.

Impact

In terms of its impact on state laws, A1139 shifts the acceptance window for mail-in ballots significantly, meaning that ballots received after the closing of polls, regardless of postmark dates, will no longer have any validity. This change could lead to a reduction in the number of counted ballots, particularly for voters who may have mailed their ballots late. Critics might argue that this change could disenfranchise voters who might otherwise have their votes counted if mailed in time but delayed in delivery due to postal service issues.

Summary

Assembly Bill A1139 aims to amend existing New Jersey election laws, removing the current provision that allows mail-in ballots postmarked by election day to be counted if received within 48 hours after the polls close. This change is intended to streamline the voting process and ensure that only ballots received by the close of polls are counted. By doing so, the bill seeks to reinforce the integrity of the election process, a point that proponents argue is essential for maintaining public trust in electoral outcomes. The bill reflects ongoing discussions about how to manage mail-in voting effectively and securely.

Contention

One of the more contentious aspects of the bill is the increase in penalties for violations of rules regarding ballot messengers and bearers. Under current provisions, individuals can act as messengers for up to three voters but may face lesser penalties for violations, categorized as a crime of the third degree. A1139 escalates this offense to a second-degree crime for those knowingly violating these provisions, including candidates acting as messengers or bearers, thus heightening the stakes surrounding mail-in ballot assistance. This criminalization of certain actions related to ballot collection has stirred debate among lawmakers and election advocates regarding the balance between securing election integrity and ensuring every voter can participate without excessive risk of punishment.

Overall_statement

Thus, while A1139 strives for electoral integrity and efficiency in managing mail-in votes, it raises significant discussions about voter access and the implications of tightening ballot acceptance and enforcement of election-related violations, presenting a complex dilemma for lawmakers and voters alike.