New Jersey § 19:53a-8

Full text of New Jersey New Jersey Statutes § 19:53a-8, with citation guidance and answers to common questions.

§ 19:53a-8.

a. Prior to the start of the count of the ballots, each county board of elections

shall have the automatic tabulating equipment tested to ascertain that it will accurately

count the votes cast for all offices and on all measures. Public notice of the time and place of the test shall be given at least 48 hours

prior thereto by publication once in three or more daily or weekly newspapers published

in the county or jurisdiction where such equipment is used, if a newspaper is published

therein, otherwise in a newspaper of general circulation therein; said newspapers

shall be selected so as to give the widest possible notice to the voters of said county

and one of said newspapers shall be the newspaper or one of the newspapers in which

legal notices of the county are required to be published. The test shall be conducted by processing a preaudited group of ballot cards so

punched as to record a predetermined number of valid votes for each candidate and

on each measure, and shall include for each office one or more ballots which have

votes in excess of the number allowed by law in order to test the ability of the automatic

tabulating equipment to reject such votes. In such test a different number of valid votes shall be assigned to each candidate

for an office, and for and against each measure. If any error is detected, the cause therefor shall be ascertained and corrected

and an errorless count shall be made and certified to by the county board of elections

before the count is started. The tabulating equipment shall pass the same test at the conclusion of the count

before the election returns are approved as official. On completion of the count, the programs, test materials, and ballot cards arranged

by districts shall be sealed and retained as provided for paper ballots. b. All proceedings at the counting center shall be under the direction of the county

board of elections or persons designated by it; there shall always be two persons

in charge who shall not be members of the same political party ; and all proceedings shall be conducted under the observation of the public, but

no persons except those authorized for the purpose shall touch any ballot card or

return. All persons who are engaged in processing and counting of the ballots shall be deputized

and take an oath that they will faithfully perform their assigned duties. If any ballot card is damaged or defective so that it cannot properly be counted

by the automatic tabulating equipment, a true duplicate copy shall be made and substituted

for the damaged ballot card. All duplicate ballot cards shall be clearly labeled “duplicate,” and shall bear

a serial number which shall be recorded on the damaged or defective ballot card. The damaged or defective ballot card as well as the “duplicate” shall be preserved

with the other ballot cards. During the count the election officer or board in charge may from time to time release

unofficial returns. Upon completion of the count the official returns shall be open to the public. c. The return of the automatic tabulating equipment, to which have been added the

write-in and absentee votes, shall, after being duly certified by the county board

of elections, constitute the official return of each election district. d. If for any reason it becomes impracticable to count all or a part of the ballot

cards with tabulating equipment, the county board of elections may direct that they

be counted manually, following as far as practicable the provisions governing the

counting of paper ballots contained in Title 19 of the Revised Statutes.

Frequently Asked Questions About New Jersey § 19:53a-8

What does New Jersey Statutes § 19:53a-8 cover?

Section 19:53a-8 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite New Jersey § 19:53a-8?

A common citation format is "New Jersey Statutes § 19:53a-8" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of New Jersey law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.

How does New Jersey § 19:53a-8 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.