[EL] Stray Marks on Ballot --New Jersey is "identifying marks"

[John M. Carbone, Esq.]

In New Jersey, the statute (N.J.S.A. 19:16-4) regarding disqualification of any “marked” paper ballots bespeaks not to stray marks but “identifying marks”:

 

“… marks placed upon the ballot, which distinguished it and were intended by the voter to identify or distinguish it.” This squib is from the controlling case in which I was involved, In Re the General Election of November 5, 1991, (225 N.J. Super. 690 (1992), 605 Atl. 2nd 1164)

 

The legislative history from the 1930’s saw its enactment when all elections were paper ballots in order to prevent “bribery of a voter” …. where post-election the ward heeling political operative would know who cast what ballot for the payoff.

 

Regards, John M. Carbone, Esq,
 "Civility is manifested not only in what we do, but in what we choose not to do."  John M. Carbone John M. Carbone, Esq.Carbone and FaasseAttorneys at Law401 Goffle RoadRidgewood, NJ 07470 Office Phone     (201) 445 - 7100Office FAX         (201) 445 - 7520Personal E-Mail USSRECOUNT at AOL.COM In a message dated 10/13/2020 11:52:17 AM Eastern Standard Time, SAlbert at commoncause.org writes: 

Hi folks:

  

Does anyone know of a  survey of state laws about the treatment of ballots which contain stray marks or other writing?  In a number of states, a stray mark or other mark will  disqualify the ballot.  There are some posts going around social media and we've been getting questions.   It would be great to know which states still use these laws to disqualify ballots.  

 

Thanks,

 

Sylvia

 

--

Sylvia Albert (she/her)

Common Cause

Director of Voting and Elections

805 15th Street, NW, Suite 800

Washington, DC 20005

salbert at commoncause.org

O: (202) 736 - 5788



 
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