New Jersey S 1738: Removes provisions for acceptance of mail-in ballots received after election day; increases penalties for violation of ballot messenger and bearer limits and candidate prohibition.

Bill Text

S1738 

SENATE, No. 1738 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Senator PARKER SPACE

District 24 (Morris, Sussex and Warren)

SYNOPSIS

���� Removes provisions for acceptance of mail-in ballots 
received after election day; increases penalties for violation of ballot 
messenger and bearer limits and candidate prohibition.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

�� 

An Act concerning the mail-in ballot acceptance deadline and 
the penalties for certain violations of the ballot messenger and bearer 
provisions and amending P.L.2009, c.79.

���� Be It 
Enacted by the Senate and General Assembly of 
the State of New Jersey:

���� 1.��� Section 22 of P.L.2009, 
c.79 (C.19:63-22) is amended to read as follows:

���� 22.� a. On the day of each 
election, or as provided under subsection b. of this section, each county board 
of elections shall open in the presence of the commissioner of registration, or 
the designee thereof, the inner envelopes that contain the mail-in ballots with 
the votes cast for the election.� The inner envelopes containing the ballots 
that the board or the Superior Court has rejected shall not be so opened, but 
shall be retained as provided for by this act.� The board shall then proceed to 
canvass the votes cast on the mail-in ballots, but no such ballot shall be 
counted in any primary election for the general election if the ballot of the 
political party marked for voting thereon differs from the designation of the 
political party in the primary election of which such ballot is intended to be 
voted as marked on the envelope by the county board of elections.

���� [Every mail-in ballot that bears a 
postmark date before or of the day of the election and that is received by the 
county board within 144 hours after the time of the closing of the polls for 
the election that the ballot was prepared shall be considered valid and shall 
be canvassed.� Every mail-in ballot that does not bear a postmark date but that 
is received by the county board by delivery of the United States Postal Service 
before, or within 48 hours after, the time of the closing of the polls for the 
election for which the ballot was prepared shall be considered valid and shall 
be canvassed.]� 

���� b.��� A county board of 
elections may begin opening the inner envelopes for each mail-in ballot and 
canvassing each mail-in ballot from the inner envelope no earlier than five 
days prior to the day of the election.� The Secretary of State shall establish 
guidelines concerning the early canvassing process.� If a county board of 
elections begins opening the inner envelopes and canvassing the mail-in ballots 
from the inner envelopes prior to the day of the election, the county board 
shall implement the measures necessary to ensure the security and secrecy of 
the mail-in ballots.� The contents of the mail-in ballots and the results of 
the ballot canvassing shall remain confidential and shall be disclosed only in 
accordance with the provisions of Title 19 of the Revised Statutes, regulations 
and guidelines concerning the disclosure of election results, and in no 
circumstances disclosed prior to the close of polls on the day of the 
election.� In addition to the guidelines concerning the early canvassing 
process, the Secretary of State shall promulgate regulations to ensure that any 
county board of elections that begins opening the inner envelopes and 
canvassing the mail-in ballots from the inner envelopes prior to the closing of 
the polls on election day shall do so in a manner that prevents any person, 
including any person who is authorized to receive and canvass completed mail-in 
ballots, from obtaining knowledge of the unofficial results of ballots cast for 
any candidate for public office or any public question submitted to the voters 
until after the closing of the polls on election day.� No tally or tabulation 
of results shall occur prior to the opening of polls on election day.� As 
provided under R.S.19:34-13, any person who is authorized to receive and 
canvass completed mail-in-ballots who knowingly discloses to the public the 
contents of a mail-in ballot prior to the time designated by law for the 
closing of the polls for each election shall be guilty of a crime of the third 
degree.

���� c.��� Immediately after the 
canvass is completed, the respective county boards of election shall certify 
the result of the canvass to the county clerk or the municipal or district 
clerk or other appropriate officer, as the case may be, showing the result of 
the canvass by municipality and ward.� The votes thus canvassed shall be 
counted in determining the result of the election.

���� The county board of elections 
shall, immediately after the canvass is completed for any primary election, 
certify the results of the votes cast for members of the county committees to 
the respe