TRENTON – In a Nov. 15 order, the New Jersey Council on Local Mandates nixed recent provisions in the state’s mail-in ballot law, which it said constitute unfunded mandates, and “in their effect shall forthwith expire.”
The mandates being challenged require county clerks to automatically send mail-in ballots to voters who requested one in 2016, 2017, or 2018.
While the state had allocated $2 million to offset the cost of implementation, the New Jersey Association of Counties expected at least $4 million. The association filed a complaint with the council on local mandates, leading to the recent ruling.
In effect, the mandate contained in the legislation has been negated by the council.
History of Legislation
The 2018 bill, an initiative of Gov. Phil Murphy, was intended to encourage voter participation in elections. It required that county clerks automatically send mail-in ballots to any voter who requested one in the 2016 election cycle. The voter would not have to go through the process of requesting such a ballot in subsequent elections.
Confusion immediately arose on the interpretation of the Legislature’s intent concerning voters who asked for mail-in ballots in 2017 and 2018. Was the mandate extended to those voters as well?
There was also confusion over how to handle voters who automatically received a vote-by-mail ballot based on previous requests, chose not to fill it in and instead showed up to vote at the polling place. Would they be allowed to vote? Would they be required to use the provisional ballot process?
Lastly, opposition grew at the Association of Counties over the significant increase in the work required of the clerks, without any state funding to offset unplanned expenses.
A bill was passed in August that attempted to clarify the issues in the first bill, and to provide $2 million for implementation in time for the 2019 election.
The Association of Counties challenged the amount, arguing that closer to $4 million was needed. The Association of Counties filed a complaint with the Council on Local Mandates.
Council on Local Mandates
The Council on Local Mandates was established in 1996. It is independent of all three branches of state government. All three branches have a say in the council’s membership.
Members of the council are directly appointed by the governor, Senate president and minority leader, assembly speaker and minority leader, and chief justice of the Supreme Court.
This uniquely New Jersey council can receive complaints from counties, municipalities and school boards, and also by duly elected county executives and mayors.
A constitutional amendment, adopted by the voters in 1995, limits the ability of the state to pass laws and regulations that impose unfunded costs and mandates on local governments. The council reviews the complaints to determine if the local government bodies have been improperly burdened by a state transfer of responsibilities without associated funding.
Impact of Ruling
The ruling does not alter anyone’s right to vote via mail-in ballot. It merely ends the automatic mailing of ballots to those voters who request one in a previous election.
The governor and the Legislature can now allow these laws to die or seek to revive the process through new, appropriately funded, legislation.
To contact Vince Conti, email vconti@cmcherald.com.
Cape May – Governor Murphy says he doesn't know anything about the drones and doesn't know what they are doing but he does know that they are not dangerous. Does anyone feel better now?
