Using strict interpretations of New Jersey’s election law, Superior Court Judge Mark Ciarrocca today rejected a bid by three Union County men – all with extenuating circumstances — to vote in Tuesday’s election.
One man moved from Middlesex County to Union County in September and missed the October 15 voter registration deadline by one day. He had been a registered voter in Middlesex.
“I just want to add that it would be my first time ever voting,” he said. “I didn’t know about the 21 days in terms of changing the address that would be something affected.”
Another Union County man said he moved from Hudson County to Union County in June and never changed his voter registration. He said he was awaiting a November 19 appointment with the Motor Vehicles Commission, which had nothing earlier.
Another Union County man testified that he filled out a voter registration form before being hospitalized for a serious surgery, but a family member didn’t put it in the mail until October 16.
Asked why he waited so long, the man said he’s been dealing with a number of issues, including his own surgery and the stage four cancer diagnosis of his daughter.
“I didn’t put my mind on it,” he said.
In a tale of two deputy attorneys general appearing before Ciarrocca today, Andrew Spevack told the judge that he has the discretion to avoid the disenfranchisement of a voter, while in a separate hearing, Steven Chapler said judges have no discretion.
In Monmouth County, a judge turned down a request by a voter who never changed their voter registration from Bergen County.
On Thursday evening, Judge Wendy Allyson Reek allowed two voters to cast ballots after becoming convinced that they had made good-faith efforts to register before September 15.
Still, judges across the state have turned down prospective voters who made no effort to register before this week. Multiple voters have acknowledged that they were unaware of deadlines.
The law and policy director at the New Jersey Institute for Social Justice, Henal Patel, wants same-day voter registration to eliminate issues like this.
“Why are we turning away eligible voters? Year after year, New Jersey disenfranchises voters because of our arbitrary 21-day registration deadline,” Patel said. “It’s shameful and unnecessary. It is long past time for us to join the over 20 states that have same-day voter registration.”
If you are not allowed to vote or feel incorrectly pushed to vote on a provisional ballot when you’re entitled to vote on the machine, you can present your case to a Superior Court Judge to determine your eligibility to vote. Judges will be on call for each of the nine days of early voting; hearings are done remotely, and you can attend a hearing via Zoom from your phone at a polling location.
Voters should not readily accept being turned away. Ask to speak to the person in charge, known as the Super Poll Worker, the individual who is most fluent in ways that can help you vote.
If you intend to appear before an election judge, you may call the ACLU Voter Hotline at 866-OUR-VOTE (866-687-8683) or contact your county election officials. Click HERE for a list.