Skip to main content

New Jersey Statutes Title 19. Elections 19 § 63-3

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

<For information relating to the possible suspension of provisions of this section due to the COVID-19 public health emergency, see Murphy Executive Order No. 105 (2020), 52 N.J.R. 441(a).>

a.?A qualified voter shall be entitled to vote using a mail-in ballot:

(1)?in all future elections, including general elections, held in this State, in which the voter is eligible to vote; ?or

(2)?in any single election held in this State.

The qualified voter who chooses the option to vote using a mail-in ballot in all future elections shall be furnished with such a ballot by the county clerk without further request on the part of the voter and until the voter requests in writing that the voter no longer be sent a mail-in ballot.

The mail-in ballot application form prepared by the Secretary of State shall present the two options in the order provided above.

The additional direct expenditures required for the implementation of the provisions of this subsection as amended by section 1 of P.L.2018, c. 72 shall be offset pursuant to section 1 of P.L.2019, c. 459 (C.19:63-29).

b.?Not less than seven days before an election in which a voter wants to vote by mail, the voter may apply to the person designated in section 5 of P.L.2009, c. 79 (C.19:63-5), for a mail-in ballot. ?The application shall be in writing, shall be signed by the applicant and shall state the applicant's place of voting residence and the address to which the ballot shall be sent. ?The Secretary of State shall prepare a mail-in application form and shall have the authority to promulgate any rules and regulations the secretary deems necessary to effectuate the purposes of this subsection.

c.?Any voter wanting to vote by mail in any election may apply to the person designated in section 5 of P.L.2009, c. 79 (C.19:63-5) for a mail-in ballot to be sent to the voter. ?A voter who is a member of the armed forces of the United States may use a federal postcard application form to apply for a mail-in ballot.

d.?Any voter who fails to apply for a mail-in ballot before the seven-day period prescribed in subsection b. of this section may apply in person to the county clerk for a mail-in ballot up to 3 p.m. of the day before the election.

e.?A person voting by mail-in ballot who registered by mail after January 1, 2003, who did not provide personal identification information when registering pursuant to section 16 of P.L.1974, c. 30 (C.19:31-6.4) and is voting for the first time in his or her current county of residence following registration shall include copies of the required identification information with the mail-in ballot. ?Failure to include such information with the mail-in ballot shall result in its rejection.

f.?The county clerk shall not transmit a mail-in ballot for any election to any person who: ?is deemed by a county commissioner of registration to be an inactive voter; ?or notifies the clerk in writing that the person no longer wishes to receive such a ballot for any election; ?or is no longer eligible to vote and whose registration file has been transferred to the deleted file pursuant to R.S.19:31-19.

g.?Any mail-in ballot that is sent to a qualified voter and that is returned to the county clerk for any reason shall be forwarded to the commissioner of registration, who shall so note the return in the voter record of that voter.

Cite this article: - New Jersey Statutes Title 19. Elections 19 § 63-3 - last updated February 19, 2021 |

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Copied to clipboard