Trenton, NJ – A Senate bill would allow voters to cure mail-in ballots with envelope defects and to vote by provisional ballot after receiving a cure notice.
Sen. Paul A. Sarlo introduced S4835 on November 6.
The measure amends existing statutes to expand cure options and clarify in-person provisional voting for voters who received cure letters.
Key Points
- Voters could cure mail-in ballots with missing inner envelopes, unsigned or incomplete certificates, unsealed envelopes, or suspected seal tampering.
- County boards must send cure letters and provide replacement ballots, and voters may instead vote in person by provisional ballot.
- The bill updates cure timelines and meeting schedules for county boards to ensure timely processing.
The bill adds language to the provisional ballot statute to let a voter who received a cure letter choose to vote in person during early voting or on election day using a provisional ballot.
Under the mail-in ballot statute, county boards must permit cures not only for signature issues but also for specified envelope deficiencies, and must issue a replacement ballot with the cure notice.
Expanded cure process for envelope defects
County boards would reject only those ballots that do not meet legal requirements after review, but must offer a cure if the inner envelope is missing, the certificate is unsigned or incomplete, an envelope is missing or unsealed, or a seal appears tampered with.
Cure letters must be sent within 24 hours of a rejection decision and include a cure form, instructions, and a postage-paid return envelope when mailed.
Voters can return cure forms or replacement ballots in person, by fax, or by email no later than 48 hours before final certification for non-general elections, or within 11 days after the general election.
The cure form may be verified by a driver’s license or non-driver ID number, the last four digits of a Social Security number, or a legible copy of an accepted identification document if neither number is available.
Signature variations that substitute initials for given names are not grounds for rejection under the amended section.
Provisional ballot access after a cure notice
The provisional ballot affirmation statement would be updated to include the option for a voter who received a cure letter to vote provisionally instead of curing by mail.
County clerks must prepare packets and written notices reflecting the new eligibility language for provisional voters during all elections.
County boards must meet at least twice weekly in the four weeks before a general election and at least weekly in the three weeks before other elections to process ballots and cures, with additional meetings as required by the Secretary of State.
Rejected ballot materials must be bundled and retained for two years, including the outer and inner envelopes, the certificate, and the ballot.
Cure forms are not affidavits or certifications and are not required to be sworn, and a timely verified cure requires the ballot to be counted irrespective of any prior signature deficiency.
