ASSEMBLY STATE AND LOCAL GOVERNMENT
COMMITTEE
STATEMENT TO
ASSEMBLY, No. 4969
STATE OF NEW JERSEY
DATED: DECEMBER 12, 2024
The Assembly State and Local Government Committee reports
favorably Assembly Bill No. 4969.
Under current law, ballots cast in an election are canvassed and
counted by the district boards of elections, or the county boards of
elections with respect to mail-in ballots. After a determination is
made by the board of elections counting the ballots, a challenge,
recount, or dispute concerning whether certain ballots should be
counted may then result in a judge of the Superior Court or other
official making a determination. These officials are tasked with
assessing the validity of cast ballots under various circumstances.
This bill ensures that the initial determination of the validity of a
ballot is made by the district board canvassing the ballot or the
county board of elections, as the case may be. This bill provides
that, upon reviewing any mark, sign, erasure, designation or device
made on the ballot, the board will have the discretion to determine
whether such mark, sign, erasure, designation or device was
intended to identify or distinguish the ballot, and thereby should
constitute a cause for the ballot to be rejected. The bill also
provides that the board will have the discretion to determine
whether any marks made next to the name of a particular candidate
for election were intended to cast a vote for that candidate, whether
or not the mark falls within or touches upon the designated space
for such mark on the ballot.
Per current law, when a dispute over the ballot reaches a judge
of the Superior Court or another official, the judge or the other
official will have the same discretion to determine whether the cast
ballot is valid.