N.J. Stat. tit. 19, ch. 52

N.J. Stat. tit. 19, ch. 52
in effect

N.J. Stat. § 19:52-1 Preparation of polling places

19:52-1. The district boards of each election district shall meet at the polling place three-quarters of an hour before the time set for opening of the polls at each election and shall proceed to arrange the furniture, stationery and voting machine or machines for the conduct of the election. The district boards shall then and there have the voting machine, ballots and stationery required to be delivered to them for such election by the officials charged by law with that duty. The keys to the voting machine shall be delivered to the district election officers in any manner that the county board of elections or the superintendent of elections or the municipal clerk, as the case may be, having custody of voting machines, may determine, at least three-quarters of an hour before the time set for opening the polls, in a sealed envelope, on which shall be written or printed the number and location of the voting machine, the number of the seal with which it is sealed, the number of the green seal with which the emergency ballot box is sealed, and the number registered on the protective counter or device, as reported by the custodian. The envelope containing the keys shall not be opened until at least two members of the board who are not members of the same political party shall be present at the polling place and shall have examined the envelope to see that it has not been opened. Before opening the envelope all election officers present shall examine the number on the seal on the machine and the number registered on the protective counter, and shall ascertain if they are the same as the numbers written on the envelope; and if they are not the same, the machine must not be opened until such county board of elections or such superintendent of elections or such municipal clerk, as the case may be, after due notice of such discrepancy, shall have caused such machine to be re-examined and properly arranged by any person or persons employed or appointed pursuant to R.S.19:48-6. If the numbers on the voting machine seal and the protective counter are found to agree with the numbers on the envelope, the district election officers shall proceed to open the doors concealing the counters, and each district election officer shall carefully examine every counter and ascertain whether or not it registers zero (000), and the same shall be subject to the inspection of official watchers. In addition, each district election officer shall carefully examine the emergency ballot box to ascertain whether or not it is properly sealed with a numbered green seal and examine the number to ascertain if it is the same as the number written on the voting machine key envelope. If the numbers are not the same, the county board of elections, the superintendent of elections, or the municipal clerk, as the case may be, shall be notified of the discrepancy. The machine shall remain locked against voting until the polls are formally opened and shall not be operated except by voters in voting. If any counter is found not to register zero (000) the district board shall immediately notify such county board of elections or such superintendent of elections or such municipal clerk, as the case may be, who shall, if practicable, cause such counter to be adjusted at zero (000) by any person or persons employed or appointed pursuant to R.S.19:48-6. If it shall be impracticable for such person or persons to arrive in time to so adjust such counter before the time set for opening the polls, the district election officers shall immediately make a written statement of the designating letter and number of such counter, together with the number registered thereon, and shall sign and post same upon the wall of the polling room, where it shall remain throughout election day, and in filling out the statement of canvass, they shall subtract such number from the number registered thereon at the close of the polls . Each district election officer shall carefully examine the provisional ballot bag to ascertain that it is properly sealed with a numbered security seal and whether it has been subjected to tampering. If the elections officer discovers evidence of tampering, the county board of elections, the superintendent of elections, or the municipal clerk, as the case may be, shall be so notified immediately. Amended 1945, c.56, s.9; 1992, c.3, s.8; 1996, c.120, s.7; 1999,c.232,s.6.

N.J. Stat. § 19:52-2 Location of voting machines

At all elections where voting machines may be used, the arrangement of the polling room shall be generally the same as is now provided for by law; the exterior of the voting machine and every part of the polling room shall be in plain view of the election officers; the voting machine shall be placed at least three feet from every wall or partition of the polling room and at least four feet from any table where any of the district election officers may be engaged or seated. The voting machine shall be so placed that the ballots on the face of the machine can be plainly seen by the election officers and the party watchers when not in use by voters. The election officers shall not themselves be, or permit any other person to be, in any position or near any position that will permit one to see or ascertain how a voter votes, or how he has voted. The district election officer attending the machine shall inspect the face of the machine after each voter has cast his vote, to see that the ballots on the face of the machine are in their proper places and have not been mutilated or defaced and that the machine has not been damaged. During elections the door or other covering of the counter compartment of the machine shall not be unlocked or open, or the counters exposed. No person shall be permitted in or about the polling room except as now permitted by law in elections where ballots and ballot boxes are used.

N.J. Stat. § 19:52-2.1 Voting authorities; use, stringing.

1. In all counties wherein voting machines are used the county board of elections shall furnish for use in each election district at any election, a sufficient number of voting authorities in substantially the following form: City of City of Ward District Ward District Election Held Election Held ...... day of............ 20... ........ day of............. 20.... Voting Authority Voting Authority No................ No.................. ............................... Signature of Voter. ..................................... This certificate must be handed to the election officer in charge of the voting machines in order to vote. .................................... County Board of Elections Clerk. The voting authorities shall be numbered consecutively, be bound together in pads and shall be printed in two parts and perforated so that one part may be given to the voter who shall return the same to the district election officials in charge of the operation of the voting machine in order that such official shall be able to place the same in consecutive order on a string or wire. The other part of the voting authority shall be signed by the voter in his own handwriting before he be permitted to vote and shall remain bound in the pad. All pads containing the portions of the voting authorities on which the names of the persons who have voted have been signed, together with that portion of the voting authority which has been placed on a wire or string shall be returned to the commissioner of registration of the county, who shall keep them for a period of at least six months. At any primary election for the general election, each voting authority shall be marked to indicate the party primary in which the voter signing the same voted and the used voting authorities shall be strung in such a manner so that those used in one party primary shall remain separate from those used in the other party primary. L.1944, c.213, s.1; amended 1992, c.3, s.9; 2005, c.136, s.49; 2011, c.134, s.46.

N.J. Stat. § 19:52-2.2 Effective date

This act shall take effect July first, one thousand nine hundred and forty-four. L.1944, c. 213, p. 752, s. 2.

N.J. Stat. § 19:52-3 Time allowed a voter

19:52-3. Where a voter presents himself for the purpose of voting, the election officer shall follow the procedure as now required by this title regarding the eligibility of a person to vote. If such eligibility is established, one of the district election officers shall announce the name of the voter and permit him to pass to the booth of the voting machine for the purpose of casting his vote. No voter shall remain in the voting machine booth longer than two minutes, and having cast his vote the voter shall at once emerge therefrom and leave the polling room; if he shall refuse to leave after the lapse of two minutes he shall be removed by the district election officers. Such election officers shall ascertain the name and address of each voter in the manner now provided by law before he enters the voting machine booth for the purpose of voting. No voter after having entered and emerged from the voting machine booth shall be permitted to reenter the same on any pretext whatever. Only one voter at a time shall be permitted in the voting machine booth to vote. However, a voter shall be permitted to be accompanied into the voting machine booth by a dependent child. Amended 1994,c.154,s.2.

N.J. Stat. § 19:52-3.1 Display of notice of official count of voters.

1. a. On the day of each primary and general election, the district boards of election at each polling place shall create and publicly display a notice containing an unofficial count of the cumulative number of voters who have voted at each election district, indicating the number of voters who have voted at the election district using a voting machine or voting equipment and the number of voters who have voted using a provisional ballot. The first notice shall be produced two hours from the opening of the polls and updated every two hours thereafter until the time the polls close. b. (1) By 11:59 p.m. on the day of each primary and general election, and by 9 p.m. of every day thereafter until all eligible ballots have been counted and the election is certified, each county clerk, in consultation with the county board of elections of that county, shall list in an easily accessible location on the county clerk's Internet site an unofficial report detailing the number and types of ballots that have been received and, to the extent practicable, the number and types of ballots that have been counted and that remain to be counted in that election. The reports required by this subsection shall include a date and time stamp designating the date and time of each report, except that nothing in this subsection shall be interpreted to require the county board of elections in each county to conduct the count of ballots on a daily basis. Each report shall detail, at the legislative district, municipal, and county levels, the following categories of information: (a) for the in-person early voting period, the number of early voting machines or voting equipment deployed, the number of early voting machines or voting equipment not included in the tally, and the total number of votes cast during the early voting period; (b) for the election day vote, the number of election day voting machines or voting equipment deployed, the number of election day voting machines or voting equipment not included in the tally, and the total number of votes cast in person on election day; and (c) for the vote-by-mail vote, the number of vote-by-mail ballots that have been issued and received into the Statewide Voter Registration System, as well as the vote-by-mail ballots that have been tallied and that remain to be processed. (2) Each county clerk, in consultation with the county board of elections of that county, shall send to the Secretary of State the reports required to be created and posted pursuant to paragraph (1) of this subsection at the time of each posting. Upon receiving each report, the Secretary of State shall provide in an easily identifiable location on the Internet site of the Division of Elections access to the county by county totals for each category included in the reports. The county by county totals required to be created and posted under this paragraph shall include a date and time stamp designating the date and time of the posting. (3) With each report and posting required pursuant to this subsection, each county clerk and the Division of Elections shall note on their respective Internet sites that the reports and postings are unofficial and subject to change as each county clerk and county board of elections, as appropriate, receive and process ballots that have been cast in the election. The unofficial tally of election results and the daily reports shall not be interpreted to serve as the legal basis for the contest of any election. The Secretary of State, in consultation with county clerks and county boards of elections, shall promulgate uniform guidelines for all county clerks to follow in creating the reports and postings required by this subsection. In addition to the uniform guidelines, the Secretary of State shall develop a template for standardized reporting for all counties to follow. (4) (a) On the day after each primary and general election, and by 9 p.m. of every day thereafter, each county clerk, in consultation with the commissioner of registration and the county board of elections of that county, shall list in an easily identifiable location on the county clerk's Internet site an unofficial report of the total number of provisional ballots cast during the early voting period and on election day, which unofficial report shall be generated using the electronic poll book software. (b) Beginning on the seventh day after each primary and general election, each county clerk, in consultation with the commissioner of registration and the county board of elections of that county, shall list in an easily identifiable location on the county clerk's Internet site an unofficial report detailing the number of eligible provisional ballots that have been received. The reporting required by this subparagraph shall be updated by 9 p.m. on the date of such report and by 9 p.m. every day thereafter with the number of eligible provisional ballots that have been counted until all eligible provisional ballots have been counted and the election is certified. L.2018, c.110, s.1; amended 2023, c.131, s.1.

N.J. Stat. § 19:52-4 Blind or physically disabled voters

The provisions of this title relating to the assistance to be given to blind or physically disabled voters shall apply also where voting machines are used, and the word "booth" , when used in such provisions, shall include the voting machine inclosure or curtain.

N.J. Stat. § 19:52-5 Locking, sealing of voting machine; reading, announcement of votes

19:52-5. Immediately upon the close of the polls, the district election officers shall lock and seal the voting machine against further voting and open the counter compartment in the presence of persons who may be lawfully present at that time, giving full view of the counters. The judge of the district board, under the scrutiny of a member of such board who is not a member of the same political party as the judge, shall then in the order of the offices as their titles are arranged on the machine, read and announce in distinct tones the result as shown by the counters, and shall then read the votes recorded for each office on the irregular ballots. He shall also, in the same manner, read and announce the vote on each constitutional amendment, proposition or other question. As each vote is read and announced, it shall be recorded in two statements of canvass by two other members of such district board who are not members of the same political party, and when completed the record thereof shall be compared with the numbers on the counters of the machine. If found to be correct, the result shall be announced by the judge of such board and the statement of canvass, after being duly certified, shall be filed as now provided by law for filing election returns. After the reading and announcing of the vote and before the doors of the counter compartment of the voting machine shall be closed, ample opportunity shall be given to any person or persons lawfully present to compare the results so announced with the counters of the machine and any necessary corrections shall then and there be made by such district board. No tally sheets nor return blanks as required by law for use in election districts where paper ballots are used shall be furnished or used in election districts where voting machines are used, but in lieu thereof there shall be furnished two copies of a statement of canvass to conform to the requirements of the make and type of voting machine or machines being used. Amended 1996, c.120, s.8.

N.J. Stat. § 19:52-6 Locking machine, rechecking, cost, deposit; irregular ballots, disposition.

19:52-6. For voting machines that are exempted by paragraph (2) of subsection b. of R.S.19:48-1, the district election officers shall, as soon as the count is completed and fully ascertained, as by this subtitle required, lock the counter compartment and it shall so remain for a period of 13 days, except it be opened by order of a judge of the Superior Court assigned to the county. Within such period and upon written request of any defeated candidate, or in the case where a public question is involved upon petition of any 10 qualified voters of a county or municipality using machines who voted in the election in question, the judge shall, at a cost of $2.00 per district to the candidate or petitioners, order the machines in question opened and the registering counters rechecked against the election officers' returns. Any candidate or petitioners requesting such recheck, shall deposit with the county clerk, the amount necessary for all the districts requested. The county clerk, if it appears that an error or errors have occurred as a result of which the election is changed or the difference between the negative and affirmative of any public question is altered so as to change the results of the election, shall upon the warrant of such judge of the Superior Court, pay to such candidate or petitioners the cost of such recheck. In the event it shall appear after such recheck that the results of the election remain unchanged, the county clerk shall, upon the warrant of such judge, pay the funds so deposited into the county treasury. Such recheck shall be made under the supervision of the county election officials and in co-operation with the parties at interest or their representatives. When irregular ballots of whatever description have been voted, the district election officers shall return all such ballots in a properly secured package indorsed "irregular ballots" and return and file such package with the municipal clerk at the same time the original statement of the results of the election made by them is filed. Such package shall be preserved for 6 months next succeeding such election, and it shall not be opened or its contents examined during that time except by the order of a judge of a court lawfully empowered to direct the same to be opened and examined. At the end of the 6 months, such packages may be opened and the ballots disposed of at the discretion of the official having charge thereof. Amended by L.1942, c. 56, p. 293, s. 1; L.1943, c. 80, p. 298, s. 1; L.1953, c. 19, p. 356, s. 59; L.1955, c. 260, p. 950, s. 1; 2023, c.124, s.9.

N.J. Stat. § 19:52-6.1 Manner of rechecking machines

Whenever a judge of the Superior Court assigned to a county enters an order for the recheck of any voting machines the county board of elections of such county shall conduct such recheck in co-operation with the county clerk, the commissioner of registration and in counties having a superintendent of election in co-operation with him, which recheck shall be commenced within 5 days of the entry of such order unless otherwise ordered by the judge and conducted in the following manner: (1) The county board shall ascertain from the defeated candidate or from the petitioners, as the case may be, which districts shall be rechecked and the order in which they shall be rechecked, and upon receiving such information shall conduct the recheck in conformity thereto. If more than one candidate or set of petitioners has requested a recheck and are unable to agree upon the order in which the districts are to be rechecked, such order shall be determined by the judge. (2) The superintendent of elections in counties having superintendents of election and the county board in all other counties shall remove the padded cover, remove the impounding seal, if any, and unlock the padlock on the metal cover and where necessary raise all voting machines which are to be rechecked before the recheck is actually commenced. (3) The superintendent of elections in counties having a superintendent of elections and the county board in all other counties shall then proceed to open the counter compartment of each voting machine as the same is rechecked, but in no event shall the counter compartment of more than 1 voting machine be opened at the same time unless it shall be agreed to do so by the county board of elections and a majority of the candidates whose nomination or election may be affected by the outcome of the recheck, and who are present or represented at the recheck, or in the case that the votes cast for or against a public question are to be rechecked then, by agreement between the county board of elections and a representative of the proponents and opponents of the public question. (4) The county board of elections shall then check the number of votes cast for each candidate, or in the event a public question is involved for or against such public question and announce the number of votes cast for each candidate named in the order or for or against a public question as found on the registering counters and record the same on tally sheets prepared for that purpose. (5) Whenever a recheck is to be held, the county clerk or the municipal clerk, as the case may be, shall, upon demand by the county board of elections or any candidate whose interests may be affected by the recheck, produce at the time and place of the recheck the official statements containing the results of the election as certified by the various district boards and filed with such officers. The county board of elections shall then recheck the registering counters on the machines with the official statements as returned by the various district boards. (6) After the recheck is completed the county board in co-operation with the county check or municipal clerk, as the case may be, shall make a comparison of the tally sheets of the county clerk or municipal clerk showing the results of his official canvass with the tally sheets prepared by the county board in making the recheck. (7) Whenever any discrepancies shall appear as the same are set forth on such tally sheets such discrepancies shall be noted and upon completion of the comparison a report and certification shall be filed with the court wherein the order for the recheck originated, which report shall set forth in full just what discrepancies have been found in the county clerk's or municipal clerk's official canvass. (8) Nothing in this chapter shall be construed to mean that a defeated candidate or in the case of a public question the petitioners cannot abandon the recheck at any time during the progress thereof and receive back the deposit made with the county clerk for the districts which remain unchecked. (9) In the event it should appear during the course of the recheck that there has been a sufficient change in the tally of votes cast which would affect the result of the election, any candidate who appears then to be defeated, or in the event of a public question the parties in interest whose interest may be affected adversely may, within 7 days, apply to a judge of the Superior Court assigned to the county and receive an order to continue the recheck in his behalf upon the same terms and conditions under which the original recheck was held. L.1955, c. 260, p. 951, s. 2.

N.J. Stat. § 19:52-7 Disposition of keys

The keys of each voting machine shall be inclosed in an envelope to be supplied by the county board of elections or the superintendent of elections or the municipal clerk, as the case may be, having custody of voting machines, on which shall be written the number of the machine and the district and ward where it has been used, which envelope shall be securely sealed and indorsed by the district election officers, and shall be returned to the source from which the keys were received. The number on the seal and the number registered on the protective counter shall be written on the envelope containing the keys. All keys for any voting machine shall be kept securely by the officials having them in charge. No unauthorized person shall have in his possession any key or keys of any voting machine and all district election officers or persons intrusted with such keys for election purposes, or in the preparation of the machine therefor, shall not retain them longer than necessary to use them for such legal purpose. All machines shall be stored by the county board of elections or the superintendent of elections or the municipal clerk, as the case may be, having custody of voting machines, as soon after the close of the election as possible, and the machines shall at all times be stored in a suitable place, which place shall be a fireproof public building in such counties or municipalities, as the case may be, as have same. Amended by L.1945, c. 56, p. 331, s. 10.

N.J. Stat. § 19:52-8 Voter security, paper ballots, privacy sleeves, screens, shield, curtain.

1. In a manner consistent with the requirement for voting machines to secure the voter's secrecy in the act of voting as required under R.S.19:48-1, and for electronic voting systems to provide for the secrecy of a voter's vote under sections 3 and 6 of P.L.1973, c.82 (C.19:53A-3 and C.19:53A-6): a. In all counties wherein voters use hand-marked paper ballots to cast the voter's vote, a privacy sleeve into which the voted ballot can be inserted and fully shielded from view shall be provided to the voter. b. In all counties wherein ballot scanning machines are used to cast hand-marked paper ballots, the county shall ensure that privacy is maintained as the voter inserts the voted ballot into the ballot scanning machine. c. In all counties wherein voters use a direct recording electronic voting machine to cast the voter's vote, the direct recording electronic voting machine shall contain a privacy screen, shield, or curtain so that privacy is maintained as the voter casts the voter's vote. L.2022, c.67, s.1.

N.J. Stat. § 19:52-9 Certification, primary, general election, county clerk, list, easily identifiable location, Internet site, district-level results.

2. a. Upon the certification of the results of a primary or general election, each county clerk, in consultation with the commissioner of registration and the county board of elections of that county, shall list in an easily identifiable location on the county clerk's Internet site the district-level results for the in-person early voting period, the election day vote, and the vote-by-mail vote. b. Whenever the reporting requirements of this subsection or section 1 of P.L.2018, c.110 (C.19:52-3.1) would cause a voter's privacy to be violated, the election results shall be reported in a manner that maintains the privacy of the vote, provided that the election results posted on the respective websites shall contain a disclosure stating that the results reported for some individual districts reflect measures to protect the privacy of the vote while the general tally accurately reflects the results. L.2023, c.131, s.2.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026

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