New Jersey § 19:53c-1

§ 19:53c-1.

a. (1) The county clerk or the municipal clerk, in the case of a municipal election,

shall arrange for the preparation of a provisional ballot packet for each election

district. It shall include the appropriate number of provisional ballots, the appropriate

number of envelopes with an affirmation statement, the appropriate number of written

notices to be distributed to voters who vote by provisional ballot and one provisional

ballot inventory form affixed to the provisional ballot bag. The clerk shall arrange for the preparation of and placement in each provisional

ballot bag of a provisional ballot packet and an envelope containing a numbered seal. The envelope shall contain, on its face, the instructions for the use of the seal,

the number and the election district location of the provisional ballot bag, and the

identification numbers of the seal placed in the envelope. Each provisional ballot bag shall be sealed with a numbered security seal before

being forwarded to the appropriate election district. (2) Each provisional ballot bag and the inventory of the contents of each such bag

shall be delivered to the designated polling place no later than the opening of the

polls on the day of an election. b. The county clerk or the municipal clerk, in the case of a municipal election, shall

arrange for the preparation of the envelope, affirmation statement, and written notice

that is to accompany each provisional ballot. The envelope shall be of sufficient size to accommodate the provisional ballot,

and the affirmation statement shall be affixed thereto in a manner that enables it

to be detached once completed and verified by the county commissioner of registration. The statement shall require the voter to provide the voter's name, and to indicate

whether the voter is registered to vote in a county but has moved within that county

since registering to vote; or is registered to vote in the election district in which

that polling place is located but the voter's registration information is missing

or otherwise deficient; or indicate the voter has applied for a mail-in ballot and

not received either the ballot or an explanation for not receiving such a ballot pursuant

to notification by the county clerk or from the free-access system, or has applied

for and received a mail-in ballot and has not transmitted it to the county board of

elections or given it to a bearer for delivery to the county board before the time

for the opening of the polls on the day of an election but wants, nevertheless, to

vote in the election. The statement shall further require the voter to provide the voter's most recent

prior voter registration address and address on the day of the election and date of

birth. The statement shall include the statement: “I swear or affirm, that the foregoing

statements made by me are true and correct and that I understand that any fraudulent

voting may subject me to a fine of up to $15,000, imprisonment up to five years or

both, pursuant to R.S.19:34-11 .” It shall be followed immediately by spaces for the voter's signature and printed name,

and in the case of a name change, the voter's printed old and new name and a signature

for each name, the date the statement was completed, political party affiliation,

if used in a primary election, and the name of the person providing assistance to

the voter, if applicable. Each statement shall also provide spaces for the voter's telephone number and email

address, including language informing the voter that this contact information will

be used to contact the voter concerning the acceptance or rejection of the ballot,

and how the voter may cure a defect. A voter's telephone number and email address shall not be subject to public disclosure

and shall not be considered a government record. Each statement shall also note the number of the election district, or ward, and

name of the municipality at which the statement will be used. The Secretary of State shall prepare for inclusion in the affirmation statement

language for the voter to submit the information required in the registration form

described in section 16 of P.L.1974, c. 30 ( C.19:31-6.4 ) in order to enable the county commissioner of registration to process the statement

as a voter registration application, which shall be valid for future elections if

the individual who submitted the provisional ballot is determined not to be a registered

voter. The Secretary of State shall also prepare and shall provide language for any written

instructions necessary to assure proper completion of the statement. The written notice shall contain information to be distributed to each voter who votes

by provisional ballot. The notice shall state that, if the voter is a mail-in registrant voting for the

first time in his or her current county of residence following registration and was

given a provisional ballot because he or she did not provide required personal identification

information, the voter shall be given until the close of business on the second day

after the election to provide identification to the applicable county commissioner

of registration, and the notice shall contain a telephone number at which the commissioner

may be contacted. The notice shall further state that failure to provide the required personal identification

information within that time period shall result in the rejection of the ballot. The notice shall state that pursuant to section 4 of P.L.2004, c. 88 ( C.19:61-4 ), any individual who casts a provisional ballot will be able to ascertain under a

system established by the State whether the ballot was accepted for counting, and

if the vote was not counted, the reason for the rejection of the ballot. The notice shall include instructions on how to access such information. c. For the primary for the general election, the provisional ballots shall be printed

in ink on paper of a color that matches the color of the voting authority, which shall

indicate the party primary of the voter. The provisional ballots shall be uniform in size, quality and type and of a thickness

that the printing thereon cannot be distinguished from the back of the paper, and

without any mark, device or figure on the front or back other than as provided in P.L.1999, c. 232 ( C.19:53C-1 et seq. ). Each such ballot shall include near the top thereof and in large type the designation

PROVISIONAL BALLOT. In all other respects, the provisional ballots shall conform generally to the other

ballots to be used in the election district for the primary election. The clerk of the county or municipality shall arrange for the preparation of each

provisional ballot package with an appropriate number of provisional ballots for each

political party, a corresponding number of envelopes with affirmation statements,

and a corresponding number of written notices. Additional provisional ballots, envelopes, and notices shall be available for delivery

to that election district on the day of the election, if necessary. d. For the general election the provisional ballots shall be printed in ink. The provisional ballots shall be uniform in size, quality and type and of a thickness

that the printing thereon cannot be distinguished from the back of the paper, and

without any mark, device or figure on the front or back other than as provided in

this act. Each such ballot shall include near the top thereof and in large type the designation

PROVISIONAL BALLOT. In all other respects, the provisional ballots shall conform generally to the other

ballots to be used in the election district for the general election. The clerk of the county or municipality shall arrange for the preparation of each

provisional ballot package with an appropriate number of provisional ballots, a corresponding

number of envelopes with affirmation statements, and a corresponding number of written

notices. Additional provisional ballots, envelopes, and notices shall be available for delivery

to that election district on the day of the election, if necessary. e. For a school election the provisional ballots shall be printed in ink. The provisional ballots shall be uniform in size, quality and type and of a thickness

that the printing thereon cannot be distinguished from the back of the paper, and

without any mark, device or figure on the front or back other than as provided in

this act. Each such ballot shall include near the top thereof and in large type the designation

PROVISIONAL BALLOT. In all other respects, the provisional ballots shall conform generally to the other

ballots to be used in the election district for the school election. The clerk of the county shall arrange for the preparation of each provisional ballot

package with an appropriate number of provisional ballots, a corresponding number

of envelopes with affirmation statements, and a corresponding number of written notices. Additional provisional ballots, envelopes, and notices shall be available for delivery

to that election district on the day of the election, if necessary. f. Following the effective date of P.L.2004, c. 88 ( C.19:61-1 et al.), a provisional ballot that requires the voter to punch out a hole in the

ballot as a means of recording the voter's vote shall not be used in any election

in this State. g. (Deleted by amendment, P.L.2011, c. 134 ).