Assembly Committee Listens to Testimony Regarding Proposed Ballot Design at Hearing

Posted on by David
Assembly Committee Listens to Testimony Regarding Proposed Ballot Design at Hearing

Underway this afternoon, the Assembly Select Committee on Ballot Design continues to hear testimony on Bill A5116, which would change to the design of primary election ballots and certain related primary election procedures; provides for ballots to be arranged by office block; requires reporting on primary elections by Division of Elections.

The committee is trying to fulfill an order by District Court Judge Zahid Quraishi to design constitutional primary ballots that scrap party line bracketing. “Today is not a finished product,” clarified Assemblyman Al Barlas (R-40), co-chair of the committee, who said committee-members would not vote on the bill today.

That didn’t prevent people from criticizing what the committee now has on paper. Many contend that the bill falls short of the Judge’s demand.

“This proposal is an insult to voters and flies in the face of a federal court’s order for fair ballots. Instead of fixing a broken system, this replaces old corrupt ballots with new corrupt ballots, and voters deserve better,” said Katie Brennan, a 32nd District candidate for the Assembly. “As a proud Democrat, I should be able to run on my party’s name and values, but this legislation says I can’t — unless county party insiders give me their approval. That’s ridiculous. Allowing candidates to be grouped together would give them an unfair edge and recreates the same rigged system we had with the ‘county line.’ It pressures independent candidates like me to associate with someone else just to be seen.”

Here’s the bill as it stands right now:

SYNOPSIS

Makes changes to design of primary election ballots and certain related primary election procedures; provides for ballots to be arranged by office block; requires reporting on primary elections by Division of Elections.

CURRENT VERSION OF TEXT

As introduced.

An Act concerning the design of primary election ballots, supplementing Title 19 of the Revised Statutes, amending various parts of the statutory law, and repealing R.S.19:34-52 and P.L.1981, c.71.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

  1. (New section)  The Legislature finds and declares that:
  2. The Elections Clause of the United States Constitution grants the State with the right and ability to make laws concerning the time, place, and manner of elections.
  3. State and Federal courts have frequently deferred to the State Legislature to enact such laws and balance the respective interests of the State, candidates for offices, and the voters, “a function for which the Legislature is uniquely fitted.”
  4. As per the ruling of Judge Quraishi of the United States District Court for the District of New Jersey, the bracketing structure used in New Jersey’s primary election ballots was primarily created by the combined effect of three statutes: R.S.19:23-24; section 1 of P.L.1981, c.71 (C.19:23-26.1); and R.S.19:49-2.
  5. The combined effect of these three statutes created unique ballot conditions such as incongruous separation, preferential placement for certain candidates based upon the drawing of candidates for different offices, and improper placement of certain candidates amongst candidates for different offices on the ballot.  These conditions led to two legal challenges in federal district court, where Plaintiffs asserted that the bracketing structure impermissibly burdened their rights under the First Amendment of the United States Constitution.
  6. Prior to a decision being reached in either of these cases, the leaders of the New Jersey State Legislature committed to remedying the combined effect of these statutes and pledged to design a new primary election ballot for use in this State.
  7. In furtherance of this commitment, the General Assembly convened the Select Committee on Ballot Design, comprised of an equal number of members of both parties in the General Assembly.
  8. The Select Committee on Ballot Design met in a series of five public hearings to take testimony from experts and the public alike in order to better understand the issue and balance the interests of the many perspectives presented.
  9. The design of the new primary election ballot, to be established by this act, P.L.    , c.    (pending before the Legislature as this bill), took into consideration the expertise of:

(1)  the county clerks and election officials, who are ultimately responsible for implementation of the design;

(2)  the National Conference of State Legislatures, which provided the committee with expert testimony and research concerning ballot design and other election matters, including the relevant practices in other states;

(3)  the Center for Civic Design, which provided the committee with expert testimony, and whose research and guidance on standardized and user-friendly ballot design principles are publicly available; and

(4)  members of the public, many of whom spoke in support of an office block ballot design.

  1. The new ballot design for primary election ballots also seeks to further important government interests, such as ensuring timely and orderly election processes, of which the primary election is an integral part.
  2. As the most critical stage in the electoral process is the instant before the vote is cast, the design for the new primary election ballots seeks to:

(1)  ensure that voters can understand the ballot;

(2)  maintain a manageable ballot;

(3)  reduce voter confusion;

(4)  provide voters with information as to the policy positions and endorsements of the candidates running for office; and

(5)  allow voters to quickly find their preferred choice of candidate for a given office and cast their vote.

  1. Additionally, the State has an important interest in fostering an informed and educated electorate who may express their political opinions through the casting of their vote.
  2. The design of the new primary ballot preserves the ability of political parties to make endorsements, since party labels provide a shorthand designation of the views of party candidates, and the identification of candidates with a particular party plays a role in the process by which voters inform themselves for the exercise of the franchise.
  3. This design also takes into consideration the First Amendment rights of political parties and their governing bodies, recognizing that primary elections are, at their core, a function of the party and therefore not a public affair which may be overly regulated by the State.  This principle has routinely been upheld by the United States Supreme Court and courts in New Jersey.
  4. This design seeks also to preserve the First Amendment rights of candidates who wish to legitimately associate with one another through the use of common slogans, without requiring that any candidates associate, while also safeguarding against abuses of the candidate slogans.
  5. (New section)  a.  All primary election ballots used in this State shall comply with the following design standards:

(1)  all text shall be in lower case letters, with capitalization allowed for the first letter of a word;

(2)  all text shall be aligned to the left;

(3)  the font shall be in a sans-serif type face and a size of at least 12 points for printed ballots, and at least between 3.0mm and 4.0mm for ballots that appear on a screen;

(4)  the oval or space for the voter to mark a vote shall be to the left of the name of each  candidate, and each candidate’s name shall appear flush next to the oval or space;

(5)  all text shall be written in plain, simple language, to the extent possible, and shall avoid overly technical language; and

(6)  candidates shall be arranged by office sought in an office block format, each office block shall be separated on the ballot from other office blocks, and candidates for the same office shall be listed within the same office block without a page break appearing between their names, and as further provided under R.S.19:23-25.

  1. No primary election ballot used in this State shall be designed in a manner that creates for a candidate on the ballot an incongruous separation from other candidates seeking the same office, positions a candidate on the ballot among candidates for a different office, or brackets candidates together on the ballot so as to position a candidate based upon a drawing for ballot position for a different candidate for a different office.

No primary election ballot used in this State shall include any distinguishing mark or notation, except as otherwise provided by law.

  1. Each county clerk shall:

(1)  allow for the placement of a slogan or endorsement of not more than six words next to or below the names of candidates, in the same font and color as the name, but in a smaller font size, provided that the slogan or endorsement shall not be in bold or italicized fonts, and provided that the slogan or endorsement complies with R.S.19:23-17;

(2)  allow candidates for the same office with multiple open seats to associate in the same office block, using a common slogan or endorsement, next to or below the associated candidate names, in compliance with the provisions of R.S.19:23-18; and

(3)  indicate the association of candidates using a common slogan or endorsement next to or below each of the candidates’ names, as provided by R.S.19:23-17.

  1. In addition to complying with the provisions of this section, each county clerk may arrange and design the ballot in either landscape or portrait orientation.
  2. The Secretary of State, in consultation with all county clerks, shall promulgate uniform guidelines for all county clerks to follow in order to comply with the requirements of this section.
  3. R.S.19:23-17 is amended to read as follows:

19:23-17. a. Any person [indorsed] endorsed as a candidate for nomination for any public office or party position whose name is to be voted for on the primary [ticket] ballot of any political party, may, [by indorsement] on the petition of nomination in which [he is indorsed] the candidate is endorsed, request that there be printed [opposite his] next to or below the candidate’s name on the primary [ticket a designation] ballot a slogan or endorsement, in not more than six words, as named by [him] the candidate in such petition, for the purpose of indicating either any official act or policy to which [he is] the candidate is pledged or committed, or to distinguish [him] the candidate as belonging to a particular faction or wing of [his] the candidate’s political party [; provided, however, that no such designation] , or to indicate the endorsement of a person or incorporated association of this State.

  1.     No slogan or endorsement shall include or refer to the name of any person or any incorporated association of this State existing at the time the candidate files the petition of nomination unless the written consent of such person or incorporated association of this State has been filed with the petition of nomination of such candidate or [group of] candidates.
  2.      No slogan or endorsement shall include or refer to the name of any political party, as defined under R.S.19:1-1, unless the written consent of the respective county political committee of such political party has been filed with the petition of nomination of such candidate or candidates.
  3.     No slogan or endorsement shall include or refer to the name of any candidate appearing on the ballot in the same primary election for a different office.

(cf: P.L.1944, c.231, s.1)

  1. R.S.19:23-18 is amended to read as follows:

19:23-18. a. Several candidates for nomination to the same office with multiple open seats to be voted on at a primary election may in such petitions request that their names be [grouped together] associated, and that the common [designation] slogan or endorsement to be named by them shall be printed [opposite] next to or below their names, as permitted by R.S.19:23-17.  The county clerk in the county in which a petition of nomination is filed shall accept such requests made in compliance with this section.

  1. b.    If two candidates or [groups] associations of candidates shall select the same [designation] slogan, the secretary of state, county clerk or municipal clerks, as the case may be, shall notify the candidate or [group] associated candidates whose petition was last filed, and such candidate or [group] associated candidates shall select a new [designation]  
  2.      If multiple candidates or associations of candidates shall receive the endorsement of the same person or incorporated association, such endorsement shall be printed next to or below all candidates having indicated such endorsement on their petitions of nomination, as permitted by R.S.19:23-17.
  3.     If candidates have requested to be associated pursuant to subsection a. of this section, the associated candidates shall be drawn together for position on the ballot pursuant to R.S.19:23-24. The candidates, on their petitions, shall waive their right to be drawn separately for ballot position.

(cf: R.S.19:23-18)

  1. R.S.19:23-24 is amended to read as follows:

19:23-24.  a.  The position which the candidates [and bracketed groups of names of candidates] for the primary for the general election shall have upon the ballots used for the primary election for the general election, in the case of candidates for nomination for members of the United States Senate, Governor, members of the House of Representatives, members of the State Senate, members of the General Assembly, choice for President, delegates and alternates-at-large to the national conventions of political parties, district delegates and alternates to conventions of political parties, candidates for party positions, and county offices or party positions which are to be voted for by the voters of the entire county or a portion thereof greater than a single municipality, including a congressional district which is wholly within a single municipality, and all other party positions to be filled that are to be voted for by the voters of a municipality only, or a subdivision thereof, shall be determined by the county clerks in their respective counties [; and, excepting in counties where R.S.19:49-2 applies, the] , except that, upon the request of the municipal clerk, the municipal clerk shall determine the position on the ballot for party offices to be voted for by the voters of their respective municipality or a subdivision thereof.

The position on the ballot used for the primary election for the general election in the case of candidates for nomination for office [or party position] wherein the candidates for office [or party position] to be filled are to be voted for by the voters of a municipality only, or a subdivision thereof (excepting in the case of members of the House of Representatives) shall be determined by the municipal clerk in such municipalities, [in the following manner:] except that, upon the request of the municipal clerk, the county clerk shall determine the position on the ballot for such offices.  

The position which the candidates shall have upon the ballots used for the primary election shall be determined as specified in this section.

  1.     The county clerk, or the county clerk’s deputy, or the municipal clerk or the municipal clerk’s deputy, as the case may be, shall at the clerk’s office on the 61st day prior to the primary election for the general election at three o’clock in the afternoon draw from the box, as hereinafter described, each card separately without knowledge on the clerk’s part as to which card the clerk is drawing. Any legal voter of the county or municipality, as the case may be, shall have the privilege of witnessing such drawing.  The person making the drawing shall make public announcement at the drawing of each name, the order in which the same is drawn, and the office for which the drawing is made. When there is to be but one person nominated for the office, the names of the several candidates who have filed petitions for such office shall be written upon cards (one name on a card) of the same size, substance and thickness.  The cards shall be deposited in a box with an aperture in the cover of sufficient size to admit a man’s hand.  The box shall be well shaken and turned over to thoroughly mix the cards, and the cards shall then be withdrawn one at a time.  The first name drawn shall have first place, the second name drawn, second place, and so on; the order of the withdrawal of the cards from the box determining the order of arrangement in which the names shall appear upon the primary election ballot.  Where there is more than one person to be nominated to an office where petitions have designated that certain candidates shall be [bracketed] associated pursuant to R.S.19:23-18, the position of such [bracketed] names on the ballot [(each bracket to be treated as a single name)], together with individuals who have filed petitions for nomination for such office, shall be determined as above described.  Where there is more than one person to be nominated for an office and there are more candidates who have filed petitions than there are persons to be nominated, the order of the printing of such names upon the primary election ballots shall be determined as above described.
  2.      Candidates for nomination to the same office with multiple open seats to be voted on who wish to associate with one another and who have filed a petition of nomination and waived their right to be drawn individually in compliance with R.S.19:23-18 shall be treated as one name and shall be drawn only once under subsection b. of this section.
  3.     As prohibited by section 2 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), no candidate shall have their position on the ballot determined by the position of any candidate for a different office.
  4.      (1)  If there is only one candidate for an office to be voted on at the primary election, the candidate shall be placed first in the office block for the respective office being sought, and the drawing procedures described in subsection b. of this section shall not be required.

(2)   If there are an equal number of candidates and open seats for an office, and all the candidates seeking the office have filed a petition of nomination indicating their intention to associate on the ballot pursuant to R.S.19:23-18, the candidates shall be placed upon the ballot in the order requested on their petitions of nomination, and the drawing procedures described in subsection b. of this section shall not be required.

  1.      The county clerk in certifying to the municipal clerk the offices to be filled and the names of candidates to be printed upon the ballots used for the primary election for the general election, shall certify them in the order as drawn in accordance with [the above described procedure] the provisions of this section, and the municipal clerk shall [print] cause to be printed the names upon the ballots as so certified and in addition shall print the names of such candidates as have filed petitions with [him] the municipal clerk in the order as determined as a result of the drawing as above described.  [Candidates for the office of the county executive in counties that have adopted the county executive plan of the “Optional County Charter Law,” P.L.1972, c.154 (C.40:41A-1 et seq.), shall precede the candidates for other county offices for which there are candidates on the ballot used for the primary election for the general election.]

(cf: P.L.2023, c.16, s.11)

  1. R.S.19:23-25 is amended to read as follows:

19:23-25.  The ballots shall be made up and printed consistent with the requirements of section 2 of P.L.    , c.    (C.    ) (pending before the Legislature as this bill) and in substantially the following form:

[Each ballot shall have at the top a coupon at least two inches deep extending across the ballot above a perforated line.  The coupon shall be numbered for each of the political parties, respectively, from one consecutively to the number of ballots delivered and received by the election officers of the respective polling places.  Upon the coupon and above the perforated line shall be the words “To be torn off by the judge of election. Fold to this line.” Below the perforated line] At the top of each ballot shall be printed the words “Official Democratic Party Primary Ballot,” or “Official Republican Party Primary Ballot,” or, as the case may be, naming the proper political party, as provided in this Title; below which and extending across the ballot in one or more lines, as may be necessary, shall be printed the words ……………. name of municipality ………………. ward ……………. election district ………………… date of election ………………. John Doe, municipal clerk; the blank spaces shall be filled in with the name of the proper municipality, the ward and the district number and the date of election. The name of the municipal clerk shall be a facsimile of [his] the municipal clerk’s signature. This heading shall be set apart from the body of the ballot by a heavy diagram rule.  Below this rule shall be printed the following directions instructing the voter how to indicate [his] the voter’s choice for each office and position, and for how many persons to vote for each office and position: To vote for any person whose name is printed upon this ballot mark a cross x , plus + [or] , check [with ink or pencil in the square at the left of] , or an otherwise appropriate mark on the oval or space next to the name of such person.  To vote for any person whose name is not printed upon this ballot write or paste the name in the blank space under the proper title of office and mark a cross x , plus + [or] , check [with ink or pencil in the square at the left of] , or an otherwise appropriate mark on the oval or space next to the name of such person.  Below these instructions shall be printed a heavy diagram rule below which shall be printed the government levels describing the offices to be voted for below which shall be separate office blocks headed by the titles of offices and positions for which candidates are to be voted for at the primary election, together with such directions to the voter as may be necessary, as “Vote for one,” “Vote for two,” or a greater number, as the case may be.  The office blocks shall be arranged in the following order:

(1)  federal offices, below which shall be printed separate office blocks for choice for President or electors for President; members of the United States Senate; and members of the House of Representatives;

(2)  State offices, below which shall be printed separate office blocks for Governor; members of the State Senate; and members of the General Assembly;

(3)  countywide offices, below which shall be printed separate office blocks for county executive; member of the board of county commissioners; and any other county offices in their respective office blocks;

(4)  municipal offices, below which shall be printed separate office blocks for mayor; member of the council or municipal governing body; and any other municipal offices in their respective office blocks;

(5)  any other titles of office, below which shall be printed separate office blocks for each office;

(6)  delegates and alternates-at-large to the national conventions of political parties, provided that the candidates for delegates and alternates-at-large may be placed next to the office block for choice for President or electors for President;

(7)  district delegates and alternates to conventions of political parties, provided that the candidates for district delegates and alternates may be placed next to the office block for choice for President or electors for President;

(8)  candidates for State party positions; and

(9)  candidates for county party positions.

A heavy diagram rule shall be used to distinguish each office block for the different offices.  Underneath the proper title of office and position shall be printed the names of all those persons certified as candidates for the offices to the municipal clerk by the county clerk as hereinbefore provided, and the names of persons [indorsed] endorsed as such candidates in petitions on file in the office of the municipal clerk as they appear signed to the certificate of acceptance. The name of any person [indorsed] endorsed in a petition as provided who shall fail to certify [his] the person’s consent and agreement to be a candidate for nomination to the office specified therein shall not be printed upon the ballots to be used at the primary election.  In the case of a vacancy among nominees the name of the person selected in the manner provided in this Title to fill the same shall be printed upon the ballots in the place of the person vacating such nomination.

The candidates shall be arranged [in groups and the groups bracketed] as indicated on their petitions for nomination for the same office with multiple open seats in all cases where the petitions [indorsing] endorsing such candidates and filed in accordance with R.S.19:23-18 request [such grouping] for such candidates to be associated within the same office block.  The [designation] slogan or endorsement named by candidates in their petitions for nomination, as provided by [this Title] R.S.19:23-17, shall be printed [to the right of] next to or below the names of such candidates [or groups of candidates in as large type as the space will allow] .

Immediately next to [the left and on the same line with] the name of each candidate for office and position shall be printed [a square approximately one-quarter of an inch in size, or by printing vertical single line rules connecting the single line rules between the names of the candidates and thus form a square] an oval or space in which the voter shall indicate [his] the voter’s choice.  [A single light-faced rule shall be used to separate the different names in each group of candidates.]  A heavy diagram rule shall be used between each [group of candidates for different offices.  Where candidates are arranged in groups and the groups bracketed, the groups shall be separated from other groups and candidates by two single line rules approximately one-eighth of an inch apart] office block.  The ballot shall be so arranged that all candidates seeking the same office are listed in one contiguous office block.  No candidate shall be separated from other candidates seeking the same office on the ballot.

Each primary ballot shall contain, at the end of the list of candidates for each different office, blank [squares and] spaces or lines equal to the number of persons to be elected to the office, for the purpose of allowing any voter to write or paste the name of any person for whom [he] the voter desires to vote for any office or party position.

(cf: P.L.1994, c.77, s.10)

  1. R.S.19:49-2 is amended to read as follows:

19:49-2. All official general election ballots shall be in black ink in type as large as space will reasonably permit; provided, however, that [any public question which shall be placed on the ballot shall be in red and] above any public question to be voted upon by the voters of the entire State there shall be [, also in red,] a description of the public question, which description shall not exceed six words and shall be in type as large as is practicable. Party nominations shall be arranged on each voting machine, either in columns or horizontal rows; the caption of the various ballots on the machines shall be so placed on the machines as to indicate to the voter what device is to be used or operated in order to vote for the candidates or candidate of [his or her] the voter’s choice. The providing of the official ballots, the order of the precedence and arrangement of parties and of candidates, and the instructions for the use of a device to be used or operated in order to vote for candidates shall be as now required by law [, except that in those counties where voting machines are used, the] .  The county clerk in every county shall have the authority to determine the specifications for, and the final arrangement of, the official general election ballots, to the extent not inconsistent with the provisions of this Title.

[For the primary election for the general election in all counties where voting machines are or shall be used, all candidates who shall file a joint petition with the county clerk of their respective county and who shall choose the same designation or slogan shall be drawn for position on the ballot as a unit and shall have their names placed on the same line of the voting machine; and provided further, that all candidates for municipal or party office in municipalities in counties where voting machines are or shall be used who shall file a petition with the clerk of their municipality bearing the same designation or slogan as that of the candidates filing a joint petition with the county clerk as aforesaid, may request that his or her name be placed on the same line of the voting machine with the candidates who have filed a joint petition with the county clerk as aforesaid by so notifying the county clerk of said county in writing within two days after the last day for filing nominating petitions and thereupon the county clerk shall forthwith notify the campaign manager of such candidates filing a joint petition as aforesaid of said request, and if the said campaign manager shall file his consent in writing with the said county clerk within two days after the receipt of said notification from said county clerk, the clerk of said county shall place the name of such candidate on the same line of the voting machine on which appears the names of the candidates who have filed the joint petition as aforesaid; provided, also, that any candidate filing a petition with the Attorney General may request that his or her name be placed on the same line of the voting machine with the candidates who have filed a joint petition with the county clerk as aforesaid by so notifying the county clerk of said county in writing within two days after the last day for filing nominating petitions, and thereupon the county clerk shall forthwith notify the campaign manager of such candidates filing a joint petition as aforesaid of said request, and if the said campaign manager shall file his consent in writing with the said county clerk within two days after the receipt of said notification from said county clerk, the clerk of said county shall place the name of such candidate on the same line of the voting machine on which appears the names of the candidates who have filed the joint petition as aforesaid.]

(cf: P.L.2011, c.202, s.46)

  1. (New section)  a. The Division of Elections in the Department of State shall collect data from county and municipal clerks and county boards of elections on their experiences regarding the changes to ballot design and primary election procedures in this State implemented pursuant to P.L.    , c.     (pending before the Legislature as this bill), and shall develop and submit a report as provided in this section.  The report shall include data concerning the conduct of primary elections, best practices to improve the conduct of future primary elections, and any other relevant information, research, guidance, and expertise regarding the implementation of the new ballot designs and primary election procedures.
  2. In preparing the report required pursuant to this section, the division shall, at a minimum, collect data on the following:

(1)   experiences of election officials, candidates, and voters regarding the ballot changes, including whether such changes contributed to candidate or voter confusion, or increased the difficulty for election officials to administer primary elections in this State; and

(2)   what the costs of implementation were.

At the discretion of the division, the report may also provide the Governor and the Legislature with recommendations to improve overall election experiences and voter participation.

  1. The report shall be prepared and submitted to the Governor, and Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), within 180 days after the date of the second primary election following the enactment of P.L.    , c.    (pending before the Legislature as this bill).
  2. R.S.19:34-52 and P.L.1981, c.71 (C.19:23-26.1 through C.19:23-26.2) are repealed.
  1. This act shall take effect January 1 next following the date of enactment.

STATEMENT

This bill makes various changes to the design of primary election ballots used in this State and the procedures for ordering the names of candidates on such ballots.  The bill requires primary election ballots to be arranged in office block format and establishes minimum uniform design features to be used in designing ballots by all county clerks in this State.  The bill also prohibits primary election ballots from being designed in a way that separates any one candidate from other candidates running for the same office, places a candidate with candidates for a different office, or awards ballot position to a candidate based upon the draw for ballot position conducted for a candidate for a different office.  The bill also gives discretion to county clerks to arrange and design the ballot in either landscape or portrait orientation.

Repeal of Current Law Provisions

 

The bill repeals two provisions of law.  The first provision, which was deemed unconstitutional in 2004 and has been inoperative since then, previously prohibited State, county, or municipal political committees from endorsing candidates at the primary election.  The second provision to be repealed provides that the Governor or United States Senator would be the first office listed on the ballot under certain circumstances.  This provision will be replaced by the order of offices provided in this bill.

Required Ballot Design Standards

 

Under the bill, all primary election ballots will be required to meet certain design standards. These requirements include the use of lowercase text and text that is at least 12 points for printed ballots or the equivalent for computer ballots, the use of plain language, and the arrangement of candidates by office blocks.  Office block ballots list the names of candidates seeking the same office under the title of the office. Each office block is listed separately from other office blocks.

Required Office Block Ballot Design

This bill requires ballots to be arranged in an office block format.  The office blocks are to be arranged in order beginning with the highest federal offices, such as President of the United States, and ending with party offices.  The bill also allows for candidates for delegates to party conventions and alternates to be placed near the office block for President or electors for President.

Required Ballot Design Practices

The bill requires county clerks to allow certain practices concerning primary election ballot design.  The county clerks must:

(1) allow for the placement of a slogan or endorsement of not more than six words next to or below the names of candidates, in the same font and color as the name, but in a smaller font size, provided that the slogan or endorsement shall not be in bold or italicized fonts, and provided that the slogan or endorsement complies with other applicable law;

(2) allow candidates for the same office with multiple open seats to associate in the same office block, using a common slogan or endorsement next to or below the associated candidate names; and

(3) indicate the association of candidates using a common slogan or endorsement next to or below each of the candidates’ names.

Prohibited Ballot Design Practices

 

The bill also prohibits certain ballot design practices. Specifically, under the bill, ballots cannot be designed to separate a candidate from other candidates running for the same office, place candidates for one office with candidates for a different office, or place candidates based upon the ballot draw conducted for a different candidate for a different office.  Each candidate, or association of candidates running for the same office with multiple open seats, will be drawn separately and placed on the ballot with all other candidates running for the same office.

Optional Ballot Design Practices

 

The bill allows county clerks, at their discretion, to arrange and design the ballot in either landscape or portrait orientation.

Division of Elections Report

The bill requires the Division of Elections to submit a one-time report to the Governor and the Legislature concerning the experiences of county and municipal clerks and county boards of elections regarding the provisions of the bill.  The report will include data concerning the conduct of primary elections, best practices to improve the conduct of future primary elections, and any other relevant information, research, guidance, and expertise regarding the implementation of the new ballot designs and primary election procedures.

The report will study the two primary elections following the enactment of the bill.  Those primary elections will include candidates for Statewide offices and will likely have greater voter participation.  This will provide the Division of Elections with more comprehensive data and feedback from election officials, candidates, and voters experiencing the newly designed ballots and primary election procedures.

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The Assembly Committee recently held a hearing to listen to testimony regarding a proposed ballot design for upcoming elections. The committee heard from a variety of stakeholders, including election officials, advocacy groups, and members of the public, who shared their thoughts on the potential changes to the ballot layout.

One of the main concerns raised during the hearing was the need for a more user-friendly ballot design that would make it easier for voters to navigate and understand. Some suggested incorporating clearer instructions, larger font sizes, and color coding to help guide voters through the voting process.

Another key issue discussed was the importance of ensuring that the ballot design is accessible to all voters, including those with disabilities. Advocates emphasized the need for features such as audio ballots, tactile ballots, and other accommodations to ensure that every voter can participate in the democratic process.

Additionally, there was a discussion about the potential impact of the proposed ballot design on voter turnout and engagement. Some argued that a more intuitive and visually appealing ballot could help increase voter participation, while others expressed concerns about potential confusion or errors resulting from a new design.

Overall, the hearing provided valuable insights into the importance of thoughtful and inclusive ballot design in ensuring fair and accessible elections. The Assembly Committee will take these testimonies into consideration as they continue to evaluate the proposed changes and work towards improving the voting experience for all citizens.

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