N.J. Stat. tit. 19, ch. 4

N.J. Stat. tit. 19, ch. 4
in effect

N.J. Stat. § 19:4-1 Qualifications; persons not having right of suffrage; right to register.

19:4-1. Every person possessing the qualifications required by Article II, paragraph 3, of the Constitution of the State of New Jersey and having none of the disqualifications hereinafter stated and being duly registered as required by Title 19, shall have the right of suffrage and shall be entitled to vote in the polling place assigned to the election district in which he actually resides, and not elsewhere. No person shall have the right of suffrage-- (1) Who has been adjudicated by a court of competent jurisdiction to lack the capacity to understand the act of voting; or (2) (Deleted by amendment.) (3) (Deleted by amendment.) (4) (Deleted by amendment.) (5) (Deleted by amendment.) (6) Who has been convicted of a violation of any of the provisions of this Title, for which criminal penalties were imposed, if such person was deprived of such right as part of the punishment therefor while serving a sentence of incarceration according to law unless pardoned or restored by law to the right of suffrage; or (7) Who shall be convicted of the violation of any of the provisions of this Title, for which criminal penalties are imposed, if such person shall be deprived of such right as part of the punishment therefor while serving a sentence of incarceration according to law, unless pardoned or restored by law to the right of suffrage; or (8) Who is serving a sentence of incarceration as the result of a conviction of any indictable offense under the laws of this or another state or of the United States. A person who will have on the day of the next general election the qualifications to entitle him to vote shall have the right to be registered for and vote at such general election and register for and vote at any election, intervening between such date of registration and such general election, if he shall be a citizen of the United States and shall meet the age and residence requirements prescribed by the Constitution of this State and the laws of the United States, when such intervening election is held, as though such qualifications were met before registration. amended 1948, c.438, s.3; 1955, c.156; 1957, c.205; 1959, c.127, s.1; 1964, c.7, s.1; 1971, c.280; 2010, c.50, s.17; 2019, c.270, s.2.

N.J. Stat. § 19:4-1.1 Findings, declarations relative to the right to vote by persons on parole or probation.

1. The Legislature finds and declares: a. Voting is both a fundamental right and a civic duty. b. In New Jersey, many people are denied the right to vote because they are on probation or parole for an indictable offense. c. New Jersey first denied the right to vote, and permitted the Legislature to deny by law the right to vote, on account of a criminal conviction as part of its Constitution of 1844. d. The law in its current form was enacted decades prior to the dramatic increases in incarceration experienced by New Jersey and the nation over the past 40 years. e. Nearly half of those denied the right to vote because of a criminal conviction are Black, due to racial disparities in the criminal justice system. f. There is no evidence that denying the right to vote to people with criminal convictions serves any legitimate public safety purpose. g. Denying the right to vote to people with criminal convictions who are on parole or probation unnecessarily burdens law enforcement, election officials, and New Jersey residents. Administering New Jersey's current law requires involvement from multiple public safety agencies, as well as State and local election officials, and average citizens need to understand principles of the criminal law in order to know who is or is not eligible to vote. h. This act, P.L.2019, c.270, would conserve law enforcement resources and create a bright-line rule so that average citizens are not wrongly denied their right to vote due to confusion or mistake. L.2019, c.270, s.1.

N.J. Stat. § 19:4-1.2 Primary election, permission to vote, voter attains 18 years of age by the next succeeding general election.

1. Notwithstanding the provisions of R.S.19:4-1, or any other law, rule, or regulation to the contrary, any registered voter who is 17 years of age prior to the date on which a primary election for the general election is held shall be permitted to vote in that primary election if the registered voter attains 18 years of age on or before the day of the next succeeding general election. L.2023, c.202, s.1.

N.J. Stat. § 19:4-4 Arrest under civil process on election day

No person who shall have a right to vote at any election shall be arrested by virtue of any civil process on the day on which such election shall be held.

N.J. Stat. § 19:4-4.1 Voters having more than one place of residence; authority to file statement

Any person entitled to vote in this State and who has more than 1 place of residence, may file a statement pursuant to this act. L.1960, c. 195, p. 836, s. 1.

N.J. Stat. § 19:4-4.2 Form and contents of statement

The statement shall be in writing, in such form as the Secretary of State may prescribe from time to time, and shall be sworn to under oath, or affirmed, by the person named therein. Every such statement shall set forth facts showing the affiant's qualifications as a voter, a description of the places where he previously resided and the dates thereof, a description of the places where he resides, the names and all residences of the members of his immediate family or household who are of voting age with indication of the residence at which each is domiciled for voting, and a statement of the place of residence where he intends his domicile to be. L.1960, c. 195, p. 836, s. 2.

N.J. Stat. § 19:4-4.3 Statement to be furnished by and filed with election official having jurisdiction of indicated domicile

The statement shall be furnished by and filed with the election official whose jurisdiction embraces the indicated domicile of the affiant and with whom voters are required to register or reregister. L.1960, c. 195, p. 836, s. 3.

N.J. Stat. § 19:4-4.4 Filing like statement on subsequent change of domicile

Any person who files a statement under section 3 of this act shall be required, as a condition to any subsequent change of domicile within this State, to file a like statement with the election official who received the previous statement and with the election official whose jurisdiction embraces the newly designated domicile. L.1960, c. 195, p. 836, s. 4.

N.J. Stat. § 19:4-4.5 Statement as prima facie evidence of domicile; right to register in voting district

A statement satisfying the requirements of sections 2 or 4 of this act shall be prima facie evidence that the place of residence in this State identified therein is the domicile of the affiant. In the absence of evidence contrary thereto appearing either in said statement or otherwise, the affiant shall be entitled to register or reregister within the voting district where such domicile is located, provided he possesses all other qualifications entitling him to do so. Any election official with whom such statement is filed is hereby empowered to conduct such investigation and to require the affiant to furnish additional data or information relating to his identified domicile, as he may consider necessary to discharge his duty pursuant to law. L.1960, c. 195, p. 837, s. 5.

N.J. Stat. § 19:4-4.6 Act as remedial; construction

This act shall be deemed remedial and shall be construed in such manner as to assist the affiant to establish his lawful right to vote in his voting district in advance of casting his vote and to enforce such right, pursuant to law. L.1960, c. 195, p. 837, s. 6.

N.J. Stat. § 19:4-4.7 False oath, affirmation, fourth degree crime.

7. Any person who shall make false oath or affirmation to any statement under this act, or who shall make any false statement therein, shall be guilty of a crime of the fourth degree. L.1960,c.195,s.7; amended 2005, c.154, s.2.

N.J. Stat. § 19:4-10 Geographical composition

As nearly as practicable, each election district shall be composed of contiguous and compact areas having clearly definable boundaries and shall be contained wholly within only one ward, only one municipality, only one county freeholder district, one State legislative district, and only one other district from which any public official is elected, except that for the purpose of establishing Congressional districts pursuant to Article II, Section II of the New Jersey Constitution, an election district may be split between two such districts. The election districts within each municipality shall be numbered consecutively. If any election district is split between two Congressional districts, one of the districts shall also be assigned the letter "a" and the other district shall be assigned the letter "b". L.1976,c.83,s.1; amended 2003, c.5.

N.J. Stat. § 19:4-11 District with one voting machine or four electronic system voting devices; accommodation for person with disabilities; number of voters.

2. a. Subject to the provisions of law as to redistricting, each election district in which only one voting machine or four electronic system voting devices are used shall contain no more than 750 voters, except an election district in which there is located a public or private institution where persons entitled to vote may reside, and in such district the number of voters shall be as near to 750 as is practicable. b. Notwithstanding the provisions of subsection a. of this section, no later than January 1, 2006 each election district shall also include at least one voting system capable of permitting individuals with disabilities to vote. L.1976,c.83,s.2; amended 2005, c.145, s.5.

N.J. Stat. § 19:4-12 Districts with more voters; allotment of voting machines devices; appointment of additional members of district board.

3. Except as provided pursuant to subsection b. of section 2 of P.L.1976, c.83 (C.19:4-11), each district in which two voting machines or five electronic system voting devices are to be used shall contain, as nearly as is practicable, 1,000 voters, and each district in which three voting machines or eight electronic system voting devices are to be used shall contain, as nearly as is practicable, 1,500 voters. Nothing herein shall prevent any election district from containing fewer voters than prescribed above, if necessary for the convenience of the voters. In a district where more than two voting machines or five electronic system voting devices are to be used, two additional members of the district board, who shall not be members of the same political party, shall be appointed for each additional voting machine or system. L.1976,c.83,s.3; amended 1996, c.120, s.1; 2005, c.145, s.6.

N.J. Stat. § 19:4-13 Readjustment of boundaries for correct number of voters

When in any two consecutive general elections in an election district more than 750 or less than 250 votes shall have been cast, the county board shall readjust the boundary lines of such election district and other election districts necessary to effect changes so that none of the election districts affected shall have more than 750 registered voters, and for this purpose shall have power to consolidate any number of districts and subdivide the same. L.1976, c. 83, s. 4, eff. Jan. 1, 1977.

N.J. Stat. § 19:4-14 Revision or readjustment of boundaries at option of county board

Where it appears that serious inconveniences have been caused the voters by the size or shape of an election district, or that certain districts contain an unreasonably large or small number of voters in comparison with other districts, or that a change is necessary because of a change in ward lines, the county board may revise or readjust the election districts in the municipality, without regard to whether a readjustment is authorized by section 2 or 3 of this act. L.1976, c. 83, s. 5, eff. Jan. 1, 1977.

N.J. Stat. § 19:4-15 Division of election district, timing.

6. a. No county board shall make division of an election district in any year in the period commencing 82 days before the primary election for the general election, and the day of the general election. b. To facilitate the use of Federal decennial census populations for apportionment and redistricting purposes and notwithstanding the provisions of this or any other law, no election districts shall, except with the prior approval of the Secretary of State, be created, abolished, divided or consolidated between January 1 of any year whose last digit is 7 and December 1 of any year whose last digit is 0. L.1976, c.83, s.6; amended 2005, c.136, s.4; 2011, c.134, s.4; 2023, c.16, s.1.

N.J. Stat. § 19:4-16 Maps of county, municipality; filing; formats.

7. a. The county board shall cause to have prepared and shall maintain an up-to-date suitable map of the county and of each constituent municipality clearly delineating the geographical boundaries of each election district contained therein and of the ward, legislative, freeholder, Congressional or other district or part thereof, in which each election district is contained. A word description of such geographical boundaries shall be attached to each such map. The county board shall file copies of such maps and descriptions in the following manner: three copies to the Secretary of State, one copy to the county clerk, and one copy to the clerk of each affected municipality. Within 30 days of any changes in the boundaries of any of the aforementioned districts, the county board shall file revised maps and accompanying revised descriptions in the same manner. Said maps and descriptions shall be public records and shall be available for inspection by the public in the offices of the Secretary of State, county clerks and municipal clerks during normal office hours. Copies shall be made available to the public for a fee necessary to cover the cost of reproduction. In order to effectuate the purposes of this act, the Secretary of State shall establish such rules and regulations governing the preparation, maintenance, distribution and filing of said maps and descriptions as he deems necessary or desirable. b. In addition to the maps and descriptions required to be filed with the Secretary of State under subsection a. of this section, the county board shall file with the Secretary of State the election district boundaries in ESRI Shapefile format in accordance with section 1 of P.L.2019, c.487 (C.19:4-18). L.1976, c.83, s.7; amended 2019, c.487, s.2.

N.J. Stat. § 19:4-17 Secretary of state as liaison with Bureau of Census

The Secretary of State shall serve as the State liaison with the Bureau of the Census, United States Department of Commerce, on matters relating to the preparation of maps and the tabulation of the population for election purposes. L.1976, c. 83, s. 8, eff. Jan. 1, 1977.

N.J. Stat. § 19:4-18 "Voting Precinct Transparency Act."

1. a. This act shall be known and may be cited as the "Voting Precinct Transparency Act." b. The Secretary of State shall make available on the official website of the Division of Elections in the Department of State the election district, county district, and municipal ward boundaries required to be filed with the Secretary of State pursuant to section 7 of P.L.1976, c.83 (C.19:4-16), section 121 of P.L.1972, c.154 (C.40:41A-121), and section 7 of P.L.1981, c.496 (C.40:44-15), respectively. The boundary files shall be in ESRI Shapefile format and available for download by the public free of charge, upon implementation of a compatible Statewide Voter Registration System. c. Within 90 days following the certification of the results of any special, primary, school, municipal, or general election, and of any public question voted by the voters at an election, pursuant to Title 19 of the Revised Statutes, the county clerk of each county shall make available on their official website a table or database containing the election results compiled at the election districts level. If feasible, the table or database shall include the results of mail-in ballots delineated by election district. The election results table or database shall be in a single file, in a comma-delimited values format, and shall contain a unique identifier field for each election district that matches the unique identifier field for that district in the election districts Shapefile. In the event that election results specific to mail-in ballots are unable to be included in the table or database created pursuant to this subsection, the votes by mail-in ballot for a particular candidate shall be included in a separate table or database. A mail-in ballot received and counted shall not be attributed in the table or database to an election district or other geographic unit in which the voter does not reside. The election results table or database shall be available for download by the public free of charge. d. The Secretary of State, in consultation with the New Jersey Office of Information Technology, Office of Geographic Information Systems, shall issue technical guidelines governing the preparation, maintenance, and submission of boundary files and election results files deemed necessary or desirable to accomplish the provisions of this section. L.2019, c.487, s.1.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026