New Jersey 2026-2027 Regular Session

New Jersey Senate Bill S1738

Introduced
1/13/26  

Caption

Removes provisions for acceptance of mail-in ballots received after election day; increases penalties for violation of ballot messenger and bearer limits and candidate prohibition.

Note

Through these changes, SB 1738 seeks to clarify the regulations surrounding mail-in voting, but it is likely to spur significant debate regarding its implications for voter accessibility and the integrity of election processes.

Impact

The removal of these provisions could significantly alter the landscape of mail-in voting in New Jersey. Under the proposed law, any mail-in ballots arriving after the polls close would automatically be deemed invalid. Such a change could impact voter participation, particularly for those who rely on mail-in ballots to cast their votes, as it tightens the deadlines and sets stricter expectations for ballot submissions. Legislative discussions may reflect concerns about disenfranchising voters who might not be able to return their ballots in time due to various unforeseen circumstances.

Summary

Senate Bill 1738 aims to reform the mail-in voting process in New Jersey by eliminating provisions that allow the acceptance of mail-in ballots received after election day. Specifically, it removes the current law's allowance for ballots to be counted if they are postmarked by election day and received within 144 hours after the polls close, as well as those received within 48 hours regardless of postmark. The intent of this legislation is to streamline the voting process and reduce the potential for confusion surrounding the acceptance of late ballots.

Contention

There is also an increase in penalties for violations related to ballot messengers and bearers, particularly concerning unauthorized persons acting in these roles. The bill escalates offenses from a third-degree crime to a second-degree crime for individuals who violate the limits on serving as a messenger for voters or who are candidates but serve as messengers. This aspect has garnered criticism, as it raises concerns about the potential for disenfranchisement of voters and penalizing actions that could be interpreted as facilitating participation in the electoral process.

Companion Bills

NJ S3653

Carry Over Removes provisions for acceptance of mail-in ballots received after election day; increases penalties for violation of ballot messenger and bearer limits and candidate prohibition.

NJ A4846

Carry Over Removes provisions for acceptance of mail-in ballots received after election day; increases penalties for violation of ballot messenger and bearer limits and candidate prohibition.

NJ A207

Same As Removes provisions for acceptance of mail-in ballots received after election day; increases penalties for violation of ballot messenger and bearer limits and candidate prohibition.

Similar Bills

No similar bills found.