19:15-18.1 - Challenged voter may establish right to vote
19:15-18.1. Challenged voter may establish right to vote
2. a. Any voter whose name does not appear on a challenge list prepared by the superintendent of elections of the county but who is challenged as not qualified or entitled to vote by a duly authorized challenger or by a member of a district board of elections shall be permitted to establish his right to vote by:
(1) signing an affidavit which states the voter's qualifications to vote on forms to be supplied by the superintendent of elections in those counties having a superintendent of elections or by the commissioner of registration in all other counties, and;
(2) presenting for inspection a suitable identifying document, which may be, but is not limited to, the following:
(a) a valid New Jersey driver's license;
(b) a sample ballot which lists the voter's name and address;
(c) an official federal, State, county or municipal document which lists the voter's name and address;
(d) a utility or telephone bill or tax or rent receipt dated; or
(e) a piece of mail postmarked, on or after the 60th day before the day of the election at which the voter is challenged.
b. A copy of the affidavit signed by the challenged voter shall be given to that person.
c. The affidavit, or a form attached to it, shall state:
(1) the means by which a person whose name does not appear on a challenge list prepared by the superintendent of elections of the county but who is challenged by a duly authorized challenger or by a member of the district board of elections may seek to establish the person's right to vote, as provided in subsection a. of this section;
(2) that a challenger who succeeds in denying a voter the right to vote must sign an affidavit stating the reason why the voter is not entitled to vote and must furnish a copy of the affidavit to the challenged voter, as provided in section 3 of P.L.1991, c.249 (C.19:15-18.2);
(3) the legal remedy which a person whose name does not appear on a challenge list prepared by the superintendent of elections of the county but who is challenged by a duly authorized challenger or by a member of the district board of elections and denied the right to vote may use to seek permission to vote, as provided in section 6 of P.L.1991, c.249 (C.19:15-18.3).
d. In counties in which the primary language of 10% or more of the registered voters is Spanish, the affidavit and instructions for its completion and the information required by subsection c. of this section shall appear in both English and Spanish.
L.1991,c.249,s.2.