N.J. Stat. tit. 19, ch. 59

in effect

N.J. Stat. § 19:59-1 Short title amended.

1. This act shall be known and may be cited as the "Overseas Residents Absentee Voting Law." L.1976, c.23, s.1; amended 2008, c.61, s.1.

N.J. Stat. § 19:59-2 Definitions.

2. As used in this act: a. "United States" means each of the several states, the District of Columbia, Commonwealth of Puerto Rico, Guam, American Samoa and the United States Virgin Islands; the term does not mean or include the Canal Zone or any other territory or possession of the United States. b. "Residing abroad" means residing outside the United States. c. "Federal election" means any general, special or primary held for the purpose of nominating or electing any candidate for the office of President or Vice President of the United States, Presidential elector, United States Senator or member of the United States House of Representatives. d. "Election" shall have the same meaning as defined in R.S.19:1-1, and include any federal, State, or local election, and any public question placed before the voters. e. "Overseas voter" means any person in military service, or that person's spouse, partner in civil union, domestic partner, or dependent, who, by reason of the person's active duty or service, is, in the case of the person, absent on the date of an election from the place of residence in New Jersey where the person is or would be qualified to vote, or in the case of the person's spouse, partner in civil union, domestic partner, or dependent, absent on the date of an election from the place of residence in New Jersey where that spouse, partner in civil union, domestic partner, or dependent, is or would be qualified to vote. The term also means any citizen of the United States temporarily residing abroad who (1) immediately prior to departure from the United States was domiciled in New Jersey and (a) was last registered to vote, or last eligible to register and vote, in New Jersey; or (b) would have been eligible to register and vote in New Jersey except that the citizen had not attained 18 years of age the requirement of which has since been met; or (c) would have been eligible to register and vote in New Jersey except that the citizen had not met the residency requirement; (2) is not registered or qualified to vote elsewhere in the United States; (3) holds a valid passport or passport card or other proof of citizenship issued under authority of the Secretary of State of the United States; (4) does not establish permanent residency in any other state or country; and (5) has the intent to return to New Jersey. f. "Overseas federal election voter" means any citizen of the United States who was born outside of the United States, is not an "overseas voter" under subsection e. of this section or an "overseas State and federal voter" under subsection l. of this section, and, except for the residency requirement of New Jersey, otherwise satisfies the State's voter eligibility requirements, if the last place where a parent, legal guardian, spouse, partner in civil union, or domestic partner of the voter was, or under P.L.1976, c.23 (C.19:59-1 et seq.) would have been, eligible to register and vote before departure from the United States is within New Jersey and the voter has not previously registered to vote elsewhere in the United States. g. "Electronic means" means any transmission made by an electronic telefacsimile machine or a similar device or by any other form of electronic transmission including, but not exclusive to electronic mail, that transports an authentic copy of a document from one user to another. h. "Dependent" means an individual recognized as a dependent by a military service. i. "Federal postcard application" means the application prescribed under section 101 of Pub.L.99-410 (42 U.S.C. s.1973ff(b)(2)). j. "Federal write-in absentee ballot" means the ballot described under section 103 of Pub.L.99-410 (42 U.S.C. s.1973ff-2). k. "Military service" means the active and reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States; the Merchant Marine; the commissioned corps of the Public Health Service or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or the National Guard or State militia. l. "Overseas State and federal voter" means any citizen of the United States residing abroad who does not intend to return or whose intent to return is uncertain and who (1) immediately prior to departure from the United States was domiciled in New Jersey and (a) was last registered to vote, or last eligible to register and vote, in New Jersey; or (b) would have been eligible to register and vote in New Jersey except that the citizen had not attained 18 years of age the requirement of which has since been met; or (c) would have been eligible to register and vote in New Jersey except that the citizen had not met the residency requirement; (2) is not registered or qualified to vote elsewhere in the United States; and (3) holds a valid passport or passport card or other proof of citizenship issued under authority of the Secretary of State of the United States. m. "State election" means any general, special, or primary election held for the purpose of nominating or electing the office of the Governor, Lieutenant Governor, New Jersey State Senator, or a member of the New Jersey General Assembly, or a State public question placed before all voters of the State. "State election" shall not include any local election or any local public question placed before less than all voters of the State. L.1976, c.23, s.2; amended 1993, c.73, s.4; 2008, c.61, s.2; 2017, c.39, s.1; 2022, c.72, s.1.

N.J. Stat. § 19:59-3 Registration of overseas voter, oversea federal election voter.

3. Upon compliance with the provisions of this act, P.L.1976, c.23 (C.19:59-1 et seq.), as amended by P.L.2017, c.39: a. any person meeting the qualifications of an overseas voter may register to vote and may apply for and vote by mail-in ballot in any election held in the election district of this State in which the voter was formerly domiciled; b. any person meeting the qualifications of an overseas federal election voter may register to vote and may apply for and vote by mail-in ballot in any federal election held in the election district of this State in which the voter, or in the case of an overseas federal election voter who was born outside of the United States described in subsection f. of section 2 of P.L.1976, c.23 (C.19:59-2), in which the voter's parent, legal guardian, spouse, partner in civil union, or domestic partner was formerly domiciled; and c. any person meeting the qualifications of an overseas State and federal voter as described in subsection l. of section 2 of P.L.1976, c.23 (C.19:59-2) may register to vote and may apply for and vote by mail in a State election described in subsection m. of section 2 of P.L. 1976, c.23 (C.19:59-2) and a federal election described in subsection c. of section 2 of P.L. 1976, c.23 (C.19:59-2) held in the election district of this State in which the voter was formerly domiciled. L.1976, c.23, s.3; amended 1993, c.73, s.5; 2008, c.61, s.3; 2017, c.39, s.2; 2022, c.72, s.2.

N.J. Stat. § 19:59-4 Request for application; qualification to vote.

4. a. Requests for an application to vote in any election as an overseas voter or a federal election as an overseas federal election voter or a State election or federal election as an overseas State and federal election voter may be made by or on behalf of an applicant to the county clerk of the county in which the applicant, or in the case of an overseas federal election voter who was born outside of the United States described in subsection f. of section 2 of P.L.1976, c.23 (C.19:59-2), in which the voter's parent, legal guardian, spouse, partner in civil union, or domestic partner, was formerly domiciled, or to the Secretary of State of New Jersey if the applicant does not know the county of former domicile. All such applications shall be forwarded to such voters by air mail or electronic means, if so requested by the voter. Any overseas voter or overseas federal election voter or overseas State and federal voter requesting that an application for a ballot be sent to that voter by electronic means shall supply in the request to the Secretary of State or the county clerk, as appropriate, the telephone number and location to which the application is to be sent or the electronic address of the voter, as may be appropriate, and, if known, the address where the voter, or the voter's parent, legal guardian, spouse, partner in civil union, or domestic partner, as appropriate, was domiciled before departure from the United States. To qualify for a ballot to be sent by air mail, the applicant's completed application shall be received by the appropriate county clerk or the Secretary of State on or before the thirtieth day preceding the election. To qualify for a ballot to be distributed by electronic means, the applicant's completed application shall be received by the appropriate county clerk or the Secretary of State on or before the fourth day preceding the election. b. An overseas voter or overseas federal election voter or overseas State and federal voter may use the federal postcard application form to register to vote or to apply for an overseas ballot for any election in which the voter is eligible to vote. The voter may send the form by air mail or electronic means to either the appropriate county clerk or the Secretary of State and, in the case of the use of a federal postcard application for a ballot, may request that the ballot be sent by air mail or electronic means. Any federal postcard application for a ballot sent by an overseas voter or overseas federal election voter or overseas State and federal voter and received by a county clerk or the Secretary of State shall also be considered a request for registration if that voter is not already registered. L.1976, c.23, s.4; amended 1978, c.130, s.1; 1993, c.73, s.6; 1995, c.195, s.1; 2008, c.61, s.4; 2017, c.39, s.3; 2022, c.72, s.3.

N.J. Stat. § 19:59-5 Application form.

5. a. Other than a federal postcard application, an application for a ballot by an overseas voter or overseas federal election voter or overseas State and federal election voter shall be in substantially the following form: I the undersigned, certify the following as a basis for an application as citizen of the United States residing outside the United States to receive a ballot to be voted at the election to be held on ........ (date of election) for .......... (fill in elected office or public question, or both): 1. I am a citizen of the United States; 2. I presently reside at .................... (if mail should be addressed other than to my residence, also provide address for mail); 3. I was born on ..................... (month, day, year) 4. I hold a: a. valid U.S. Passport # ............, dated .........., or b. valid U.S. Passport Card # .........., dated .........., or c. valid Certificate of Citizenship, dated .........., or d. other valid form of identification recognized as such under federal or state law: .......... (form of identification), dated ........... 5. a. Immediately prior to taking up residence abroad I was domiciled in New Jersey and resided at ............ (street address), .............. (municipality), .............. (county) (If formerly registered to vote from that address check here ( ) ), or b. I was born outside of the United States and my parent, legal guardian, spouse, partner in civil union, or domestic partner, before leaving the United States, was last domiciled in New Jersey, residing at .......... (street address), .......... (municipality), ..........(county). 6. I am not registered, entitled or applying to vote in any state other than New Jersey. 7. I understand that any false statement knowingly made in this application subjects me to the penalties provided by law for fraudulent voting. .................... ..................... Applicant (Signature) Dated:....................... .........................Applicant (Print or type name) b. There shall also be sent to the applicant by air mail or electronic means such instructions and portions of the law or regulations as the Secretary of State shall direct. c. Any overseas voter or overseas federal election voter or overseas State and federal election voter requesting that a ballot be sent to that voter by electronic means shall indicate on the application for the ballot the telephone number and location to which the ballot is to be sent or the electronic address of the voter, as may be appropriate. L.1976, c.23, s.5; amended 1978, c.130, s.2; 1993, c.73, s.7; 2008, c.61, s.5; 2017, c.39, s.4; 2022, c.72, s.4.

N.J. Stat. § 19:59-6 Approval; lists; inspection; delivery to county board.

6. Each county clerk, upon receipt of an application for a ballot by an overseas voter or overseas federal election voter or overseas State and federal election voter, including a federal postcard application, shall determine whether or not the applicant is qualified to vote such a ballot, make a list of those applications approved and disapproved, which list shall be open to inspection by election officials and the public, and shall forward an overseas ballot to each person whose application is approved. For each voter whose application is approved, the county clerk shall deliver to the county board of elections the completed application form for retention by the board for signature comparison with that on the certificate on the inner envelope containing the ballot upon its receipt. L.1976, c.23, s.6; amended 2008, c.61, s.6; 2017, c.39, s.5; 2022, c.72, s.5.

N.J. Stat. § 19:59-7 Form of ballot.

7. The county clerk shall prescribe the form of the ballot for overseas voters and overseas federal election voters and overseas State and federal election voters. L.1976, c.23, s.7; amended 2008, c.61, s.7; 2017, c.39, s.6; 2022, c.72, s.6.

N.J. Stat. § 19:59-8 Instructions for completion, return of ballots; notice.

8. a. Each county clerk shall send by air mail, with each ballot for an overseas voter or overseas federal election voter or overseas State and federal election voter transmitted by such means, appropriate printed instructions for its completion and return, together with an inner and outer envelope similar to that required as to civilian vote by mail ballots with a legend on the inner envelope stating "Ballot for Overseas Voter," "Ballot for Overseas Federal Election Voter," or "Ballot for Overseas State and Federal Election Voter," as appropriate. b. Each county clerk shall send to each overseas voter or overseas federal election voter or overseas State and federal election voter requesting that a ballot be sent to that voter by electronic means all appropriate printed instructions for its completion and return. The printed instructions sent to each such voter shall include a certificate substantially the same as provided for in section 9 of P.L.1976, c.23 (C.19:59-9). c. The printed instructions sent with each ballot to an overseas voter or overseas federal election voter or overseas State and federal election voter, including instructions sent by electronic means, shall include a copy of the following notice: PENALTY FOR FRAUDULENT VOTING Any person who knowingly violates any of the provisions of the Overseas Residents Absentee Voting Law, or who, not being entitled to vote thereunder, fraudulently votes or attempts to vote thereunder or enables or attempts to enable another person, not entitled to vote thereunder, to vote fraudulently thereunder or who prevents or attempts to prevent by fraud the voting of any person legally entitled to vote under this act, shall be guilty of an indictable offense, and upon conviction thereof shall be subject, in addition to such other penalties as are authorized by law, to disenfranchisement while serving a sentence of incarceration unless and until pardoned or restored by law to the right of suffrage. L.1976, c.23, s.8; amended 1978, c.130, s.3; 1993, c.73, s.8; 2008, c.61, s.8; 2017, c.39, s.11; 2019, c.270, s.9; 2022, c.72, s.7.

N.J. Stat. § 19:59-8.1 Processing overseas voter, overseas federal election voter requests, transmittal by electronic means.

12. Whenever a county clerk receives a request by electronic means from an overseas voter or overseas federal election voter or overseas State and federal election voter that a ballot be sent to that person by electronic means, the county clerk shall verify the voter's eligibility to vote as an overseas voter or overseas federal election voter or overseas State and federal election voter in the State and the county desired. If the overseas voter or overseas federal election voter or overseas State and federal election voter is eligible to vote therein, the county clerk shall send the appropriate ballot to the voter at least 45 days before the day of the election and thereafter by electronic means using the telephone number or electronic address supplied by the voter for that purpose. If the overseas voter or overseas federal election voter or overseas State and federal election voter is not eligible to vote in the State or the county desired, notice of noneligibility shall be provided to the voter by electronic means as soon as practicable after the receipt of the request. L.1993, c.73, s.12; amended 2008, c.61, s.9; 2011, c.37, s.25; 2017, c.39, s.12; 2022, c.72, s.8.

N.J. Stat. § 19:59-9 Printing of certificate upon margin of flap of inner envelope.

9. Upon the margin of the flap of the inner envelope to be sent to an overseas voter or overseas federal election voter or overseas State and federal election voter shall be printed a certificate substantially as follows: I, the undersigned, residing at .................................. am the person who applied for, received and voted the enclosed Ballot. Dated:................... ..............................Voter (SIGNATURE) ..............................Voter (PRINT or type name) L.1976, c.23, s.9; amended 1994, c.77, s.16; 2008, c.61, s.10; 2017, c.39, s.13; 2022, c.72, s.9.

N.J. Stat. § 19:59-10 Completion, transmittal of ballot.

10. a. For ballots sent to overseas voters or overseas federal election voters or overseas State and federal election voters, other than such ballots sent to the voter by electronic means, the procedure for completing the ballot shall be as follows: Upon completion of the ballot by indicating the voter's choice of candidates for the offices named or the voter's choice regarding a public question, or both, the ballot shall be placed in the inner envelope and sealed. Upon completion and signing in the voter's handwriting the certificate attached to the inner envelope, the inner envelope shall be placed in the outer envelope, which when sealed shall be mailed postage prepaid to the county board of elections whose address is printed thereon. b. For ballots sent to overseas voters or overseas federal election voters or overseas State and federal election voters by electronic means, the procedure for completing the ballot shall be as follows: After the ballot is received and completed by the voter by indicating that person's choice of candidates for the offices named or that person's choice regarding a public question, or both, the ballot shall be placed in a secure envelope. Upon completion and signing in the voter's handwriting of the certificate sent to the voter pursuant to section 8 of P.L.1976, c.23 (C.19:59-8), it shall be placed in the same envelope as the voted ballot. The envelope shall then be sealed securely and sent immediately by air mail to the appropriate county board of elections in this State. c. Notwithstanding the provisions of subsections a. and b. of this section, a copy of an overseas voter's or overseas federal election voter's or overseas State and federal election voter's ballot may be transmitted by electronic means to the appropriate county board of elections in this State. Such a ballot shall be subject to the provisions of sections 3 and 4 of P.L.1995, c.195 (C.19:59-14 and C.19:59-15). L.1976, c.23, s.10; amended 2008, c.61, s.7; 2017, c.39, s.6; 2022, c.72, s.10.

N.J. Stat. § 19:59-11 Receiving and handling of ballots.

11. Upon receipt of each ballot from an overseas voter or overseas federal election voter or overseas State and federal election voter, other than a ballot which had been sent by electronic means to an overseas voter or overseas federal election voter or overseas State and federal election voter, the signature on the certificate on the inner envelope shall be compared to that on the person's application. All ballots, whether originally sent to an overseas voter or overseas federal election voter or overseas State and federal election voter by air mail or electronic means, shall be approved, disapproved, processed, counted and disputes in connection therewith shall be handled in the same manner as is applicable to other vote by mail ballots. No ballot received after the time designated for the closing of the polls shall be counted. L.1976, c.23, s.11; amended 1993, c.73, s.10; 2008, c.61, s.12; 2017, c.39, s.14; 2022, c.72, s.11.

N.J. Stat. § 19:59-12 Request for ballots, transmittal.

12. An overseas voter or overseas federal election voter or overseas State and federal election voter may request, on any application form used, a ballot for all elections held during the calendar year in which the request is made and in which the voter is eligible to vote. Any instructions sent to an applicant pursuant to section 5 of P.L.1976, c.23 (C.19:59-5) shall inform the applicant that such a request may be made. If such a request is made, a ballot shall be sent in a timely manner to the voter for all such elections in which the voter is eligible to vote and by the transmission method first requested by the voter unless the voter instructs otherwise. L.1976, c.23, s.12; amended 1993, c.73, s.11; 2008, c.61, s.13; 2017, c.39, s.8; 2022, c.72, s.12.

N.J. Stat. § 19:59-13 Rules and regulations.

13. To effectuate the purposes of this act, P.L.1976, c.23 (C.19:59-1 et seq.), and its administration, the Secretary of State is authorized to promulgate such rules and regulations as he deems necessary and desirable. L.1976, c.23, s.13; amended 2008, c.61, s.14.

N.J. Stat. § 19:59-14 Validity of voted overseas ballot transmitted by electronic means.

3. Notwithstanding any law, rule or regulation to the contrary, a copy of an overseas voter's or overseas federal election voter's or overseas State and federal election voter's voted ballot, or a voted federal write-in absentee ballot, which is transmitted by electronic means to the appropriate county board of elections in this State shall be considered valid and counted if it: a. is from a qualified voter; b. has been transmitted to the appropriate county board of elections no later than the time designated by law for the closing of the polls on that day; and c. is accompanied by the following statement, which shall be certified by the voter's signature: "I understand that by transmitting by electronic means a copy of my voted ballot I am voluntarily waiving my right to a secret ballot. At the same time, I pledge to place the original voted ballot in a secure envelope, together with any other required certification, and send the documents immediately by air mail to the appropriate county board of elections." L.1995, c.195, s.3; amended 2008, c.61, s.15; 2017, c.39, s.15; 2022, c.72, s.13.

N.J. Stat. § 19:59-15 Procedure relative to ballot transmission by electronic means.

4. a. Immediately after a copy of an overseas voter's or overseas federal election voter's or overseas State and federal election voter's voted ballot, or a voted federal write-in absentee ballot, has been transmitted by electronic means to the appropriate county board of elections, as permitted pursuant to section 3 of P.L.1995, c.195 (C.19:59-14), the overseas voter or overseas federal election voter or overseas State and federal election voter shall place the original voted ballot in a secure envelope, together with a certificate substantially the same as provided for in section 9 of P.L.1976, c.23 (C.19:59-9), and send the documents by air mail to the appropriate county board of elections. b. All copies of voted ballots received by electronic means shall be approved, disapproved, processed and counted, and disputes in connection therewith shall be handled, in the same manner as is applicable to other vote by mail ballots. No ballot received after the time designated for the closing of the polls shall be counted. c. The county board of elections shall take all necessary precautions to preserve the security of the ballot materials and specifically shall ensure that the vote cast by a voter using a ballot transmitted by electronic means is not revealed, except to the extent necessary by law or judicial determination. Upon the completion of all inspections of a ballot transmitted by electronic means required by law, the board or any employee thereof acting under its direction shall promptly separate the waiver certification from the ballot transmitted by electronic means. Any person handling such a ballot shall not identify the votes cast by any voter, except upon judicial determination. d. Prior to certification of the results of the election, the county board shall: (1) compare the information on the copy transmitted by electronic means of each voted ballot with the same on the original voted ballot sent by air mail by the voter who transmitted to the county board a copy of the voted ballot by electronic means, and the signature on the statement received by electronic means with the signature on the certificate received by air mail; and (2) ascertain whether an original voted ballot has been received for each copy of a voted ballot received by electronic means and counted. Whenever the particulars of the copy of a voted ballot transmitted by electronic means do not conform exactly with the particulars of the original voted ballot sent by air mail to the county board afterwards by that voter and whenever an original voted ballot has not been received which corresponds to a copy of a voted ballot transmitted by electronic means which has been received and counted by the county board, those ballots and all other pertinent documents and information relative to those ballots shall be turned over to the superintendent of elections in counties having a superintendent and the prosecutor in all other counties for further investigation and action. e. Within 30 days after the election, the county board shall gather and keep together the copy of the voted ballot transmitted by electronic means, the certified statement and the original voted ballot sent by air mail of each voter who transmitted a copy of a voted ballot by electronic means. Those ballots needed for an investigation conducted by the superintendent of elections or the county prosecutor, as the case may be, or by any other law enforcement official shall be returned to the county board as soon as practicable after the conclusion of the investigation. All ballots and documents relative to a copy of a voted ballot transmitted by electronic means and received by the county board shall be retained by it for a period of one year following the day of the election. The superintendent of elections in counties having a superintendent and the prosecutor in all other counties shall have the authority to impound all such documents whenever the superintendent or prosecutor shall deem such action necessary. L.1995, c.195, s.4; amended 2008, c.61, s.16; 2017, c.39, s.16; 2022, c.72, s.14.

N.J. Stat. § 19:59-16 Information provided to overseas voters, overseas federal elections voters.

26. For the purpose of complying with the federal "Uniformed and Overseas Citizens Absentee Voting Act," 52 U.S.C. s.20301 et seq., the office of the Secretary of State shall: a. be designated as the single State office responsible for providing information to all overseas voters and overseas federal election voters and overseas State and federal election voters who wish to register to vote or vote in any jurisdiction in the State with respect to voter registration procedures and vote by mail procedures to be used by overseas voters and overseas federal election voters or overseas State and federal election voters for all elections in which the voter is eligible to vote; b. work with the federal Election Assistance Commission and the federal Department of Defense to develop standards to report data on the number of ballots transmitted and received by mail or electronic means by overseas voters or overseas federal election voters or overseas State and federal election voters pursuant to the "Overseas Residents Absentee Voting Law," P.L.1976, c.23 (C.19:59-1 et seq.) and section 7 of P.L.2004, c.88 (C.19:61-7); and c. provide such additional information relating to voting by overseas voters and overseas federal election voters and overseas State and federal election voters from this State as the Department of Defense determines is necessary. L.2011, c.34, s.26; amended 2017, c.39, s.9; 2022, c.72, s.15.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026