19:16-4. Void ballots; distinguishing marks.

449 words·~2 min read·/nj/title-19/chapter-16/19-16-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Notwithstanding the provisions of any other law to the contrary, when counting the ballots:

a. The board shall deem null and void all ballots which are wholly blank, or on which more names have been marked for every office than there are persons to be elected to such office, and on which both "Yes" and "No" have been marked upon every public question. All ballots still remaining in the ballot box after ballots equal in number to the number of names of voters in the registry binders who have voted at such election inclusive of void ballots have been counted shall be deemed null and void.

b. No ballot which shall have, either on its face or back, any mark, sign, erasure, designation, or device whatsoever, other than is permitted by this Title, by which such ballot can be distinguished from another ballot, shall be declared null and void unless the district board canvassing such ballots, or the county board, judge of the Superior Court, or other judge or officer conducting the recount thereof, shall be satisfied that the placing of the mark, sign, erasure, designation, or device upon the ballot was intended to identify or distinguish the ballot.

The district board canvassing the ballots or the county board, as the case may be, shall exercise its discretion and judgment in making a determination as to whether any unauthorized mark, sign, erasure, designation, or device on a ballot was intended to identify or distinguish the ballot.

c. No ballot shall be declared invalid by reason of the fact that the mark made with ink or the mark made with lead pencil appears other than black.

d. No ballot cast for any candidate shall be invalid by reason of the fact that the name of such candidate may be misprinted or his Christian name or his initials may be omitted.

e. No ballot cast for any candidate shall be invalid by reason of the use of any paster permitted by this Title on which the title of office may be printed, the name of such candidate may be misprinted, part of his Christian or surname or initials may be omitted, or because the voter in writing the name of such candidate may misspell the same or omit part of his Christian name or surname or initials.

f. No ballot shall be declared null and void or invalid by reason of having a cross x , plus + , or check X appearing in a square at the left of a blank space, or a space wherein no name is printed.

Amended by L.1947, c. 104, p. 525, s. 7; L.1953, c. 19, p. 333, s. 18; amended 2025, c.150, s.2.