ACLU-NJ News - Elections & Voting

ACLU-NJ To Protect Voters' Rights This Election Day

Newark — The American Civil Liberties Union of New Jersey (ACLU-NJ) and League of Women Voters of New Jersey (LWVNJ) will again team up this Election Day, November 3, to offer help to voters statewide and to collect information that sheds light on how well our election systems work. The ACLU-NJ and LWVNJ will assist voters who have questions or experience problems through our voter assistance hotline, 1-800-792-VOTE, near several New Jersey polling sites, and at county election courts.

"The League of Women of New Jersey and ACLU-NJ are committed to safeguarding democracy and voting rights as New Jersey heads to the polls," said Anne Ruach Nicolas, Executive Director of the League of Women Voters of New Jersey. "Through the hotline, at the polls, and in the courthouses, New Jersey voters can reach us, quickly and easily, to report issues and for assistance."

Unfortunately, a New Jersey Supreme Court decision in September limited the ability to help voters and document problems this year. The court banned all exit polling — including by media organizations — and voter education within 100 feet of a polling site, overstepping the intentions of laws protecting voters from intimidation. The organizations' voter protection efforts will shift focus this year to a strong presence on its voter hotline and at election courts in light of this recent decision, which severely limits Election Day free speech.

As in years past, volunteer attorneys will be available in some counties to represent voters turned away from the polls who then petition the court for the right to vote. However, this year, the ACLU-NJ and LWVNJ want to call attention to a particular problem reported last year in several counties involving deputy attorneys general (DAGs), who represent the counties' side in disputes over voters' eligibility. Would-be voters who had filed court applications to vote did not have the information they needed to understand that DAGs who asked them for detailed information were entitled to use their responses in legal arguments against them. The ACLU-NJ has developed a Know Your Rights in the Courthouse (258k PDF) publication, which volunteers will distribute to voters at courthouses on Election Day.

"Our voter protection efforts bring transparency to election systems that operate far too often behind a curtain," said Deborah Jacobs, ACLU-NJ Executive Director. "The information we gather enables us to provide the most comprehensive analysis of weaknesses in New Jersey's election systems, one of which is lack of collection and analysis of the complaints the state itself receives."

The LWVNJ and ACLU-NJ will staff the hotline, 1-800-792-VOTE, from 6 a.m. to 8 p.m. on Election Day, November 3, to answer voters' questions and offer assistance with problems voters may encounter at the polls. The League's voter assistance hotline is available year-round.

Read the ACLU-NJ and LWVNJ report — Making Every Vote Count: 2008 Elections (1.7mb PDF) — on elections issues that arose during the 2008 elections, including recommendations for poll monitor training and voter education.

Volunteer on Election Day

This November, the American Civil Liberties Union of New Jersey and League of Women Voters of New Jersey are looking for your help to answer our voter hotlines as part of our statewide voter protection effort during the 2009 general election on November 3.

As a non-partisan hotline volunteer, you would assist people calling in with problems or questions on Election Day. You will give voters information about their rights and their options for getting help with their voting rights at the polls. You will also assist non-partisan poll monitors who call in from polls in Newark and New Brunswick, among other cities.

What to Expect

The hotline site is at the LWVNJ office in Trenton.

Volunteers must attend a three-hour training session at the LWVNJ office before November 3. Trainings are scheduled for the evening of October 27 or the afternoon of October 28.

Volunteers must have their own transportation to the office, which is also accessible by public transportation.

You will be working with ACLU-NJ and LWVNJ staff and other volunteers who will be available for assistance. We will have attorneys on hand to assist voters and poll monitors who encounter problems at the polls.

Interested in VOlunteering?

To volunteer for Voter Protection 2009 and to learn more, contact Anne Barron at 973-642-2084 or vote@aclu-nj.org or The League of Women Voters of New Jersey at 609-394-3303 or contact@lwvnj.org

We look forward to seeing you. Thank you for doing your part to protect democracy.

ACLU-NJ Issues Report on 2008 Elections

TRENTON -- The American Civil Liberties Union of New Jersey and the League of Women Voters New Jersey today released a report on voting rights problems (2mb PDF) encountered during the 2008 elections, calling once again for same-day voter registration, better state analysis and more comprehensive poll worker training, among other steps toward reform. While the nation experienced unprecedented voter turnout in the June and November 2008 elections, including in our state with millions of New Jerseyans successfully casting their vote in the historic presidential race, voting rights advocates documented a number of problems at the polls that interfered with the right to vote.

"A truly successful election is when every eligible voter casts a counted ballot," said Anne Ruach Nicolas, Executive Director of the League of Women Voters of New Jersey. "I applaud the improvements that have been made, but there is more work to be done."

The ACLU-NJ and the League of Women Voters of New Jersey undertook the largest voter protection effort in state history, placing over 200 advocates on phone lines, at the polls and in the county courthouses, collecting 741 complaints statewide.

The effort sought not only to resolve voter problems on the Election Days, but also to provide a much-needed analysis of the state and county processes, with an emphasis on where to focus resources and how to improve operations.

Citizens reported numerous irregularities in attempting to vote, including:

Voters not provided with provisional ballots
Misinformation from poll workers, including instructions to vote at the wrong polling site
Improper requests for identification
Inoperable machines
Shortages of supplies at the polls

In addition to identifying problem areas, the report notes a number of improvements in New Jersey voting systems. Communication improved between advocates and the Division of Elections and county elections offices, so complaints were resolved more quickly. This election saw greater focus on the Motor Vehicle Commission's compliance with the federal Motor Voter Law, resulting in 800,000 new registrations from the MVC, tripling the numbers from 2006, when New Jersey was ranked number 42 out of the 43 states to register voters at state vehicle agencies. Additionally, the publication of comprehensive, uniform and accessible poll worker training guides improved poll worker performance from last election, and increased cooperation from Essex and Hudson County elections and corrections officials resulted in 420 eligible citizens in jail voting.

In addition to analyzing complaints and identifying trends, the LWVNJ and ACLU-NJ have provided a number of recommendations, many of which are based on best practices in other states, to help reform New Jersey voting systems.

"We don't have to reinvent the wheel when it comes to voting systems, since other states have already found ways to solve many of the problems New Jersey faces," said Deborah Jacobs, Executive Director for the ACLU-NJ. "We just need the will and the resources to improve voting rights in New Jersey."

The key recommendations focus on improving poll worker training and performance; recording, tracking and addressing voter complaints and problems; and educating and assisting voters. In addition, the report recommends that New Jersey follow the lead of the Ohio Secretary of State by convening a public summit on a wide array of voting and election administration issues. Discussions were led by election officials, voting rights advocates, academics and legislators, and the conference produced a 109-page report that evaluated various methods for improving elections. We believe New Jersey should emulate Ohio's lead and convene a similar event in our state every year.

This report is the 2nd report co-authored by the ACLU-NJ and LWVNJ documenting problems, improvements and recommendations for solutions in the state.

Resources

Making Every Vote Count: 2008 Elections issued May 2009 (2mb PDF)
Voting Rights and Wrongs issued June 2008 (62k PDF)

ACLU-NJ Launches Largest-Ever Voter Protection Effort

Advocates prepare for potential Election Day problems

Newark - Today the American Civil Liberties Union of New Jersey announced its largest voter advocacy effort ever for Tuesday's election, with more than 175 volunteer poll monitors and attorneys available to assist voters at most county courthouses. The organization also registered nearly 700 pre-trial detainees to vote in Essex and Hudson County correctional facilities.

"With the heightened interest we've seen throughout this election, we're preparing for potential problems and we're redoubling our efforts," said Deborah Jacobs, Executive Director for the ACLU-NJ. "We want to make sure that every eligible citizen has the right to vote and that every vote counts."

The ACLU-NJ, with the help of the League of Women Voters of New Jersey Education Fund, will deploy poll monitors throughout New Jersey to hand out voting rights cards, answer voter questions and assist individuals whose voting rights are denied. Unfortunately, the State has limited the number of monitors that the ACLU-NJ can deploy to one per polling location. In addition, poll monitor access to voters is constricted due to an Attorney General rule requiring anyone wishing to distribute information -- even non-partisan voter rights cards -- to stay 100 feet away from the polling places. The ACLU-NJ has challenged this rule in court and has an appeal pending before the State Supreme Court that will not be heard until long after the last ballots this election are cast.

ACLU-NJ attorneys will be on hand in 13 county courthouses to provide legal assistance and observe how voters' claims are adjudicated. The New Jersey Public Advocate has also said it will have attorneys available to assist voters in many county courthouses.

"Voters who go to court to challenge denied votes need to know that the representatives of the Attorney General are not there to represent them, but to work on behalf of the Board of Elections," said Ed Barocas, ACLU-NJ Legal Director. "Voters who seek assistance can turn to attorneys from the ACLU-NJ or the Office of the Public Advocate, who will be available at various courthouses around the state to represent them."

The ACLU-NJ and LWVNJ will staff its Vote Line, 1-800-792-VOTE, from 6 a.m. to 8 p.m. on Election Day to answer voters' questions and offer assistance with problems voters may encounter at the polls.

Our Active Voting Rights Advocacy

Proper Distribution of Provisional and Emergency Ballots.

Improper distribution of both provisional ballots -- ballots for people who believe they are registered to vote but are told they cannot -- and emergency ballots for machine malfunctions has proven a recurring problem in past elections. This year especially is important because several counties have said they may not be able to process all new voter registrations in time for Election Day.

"Knowing to provide provisional ballots is critically important this year in particular," said Jacobs. "Several counties have said that they may not be able to process all new voter registrations in time for Election Day -- meaning thousands of eligible voters could have their right to vote challenged because of the State's inaction." The ACLU-NJ has urged the State to provide all resources necessary to help counties process every registration before the polls open tomorrow.

Our Lawsuit to Certify Voting Machines.

The accuracy of voting machines has also raised concerns for the ACLU-NJ, which has joined the Rutgers Constitutional Litigation Clinic lawsuit Gusciora v. Codey, which concerns the fact that New Jersey's electronic voting machines cannot be adequately certified or examined, as demanded by New Jersey law. As part of the case, the ACLU-NJ had to fight for the release of a report by Princeton University experts who tested the state's Sequoia voting machines and found that they are highly susceptible to hacking; the court finally released the report on October 17. The ACLU-NJ has also objected to the State's continual delays in adding voter verified paper trails to electronic voting machines.

Securing the Right to Vote for Citizens Who Have Past Criminal Convictions.
This year, the ACLU-NJ registered about 500 pre-trial detainees to vote in Essex County Jail and over 150 in Hudson County Jail.

"The corrections officials in both Hudson and Essex counties have been incredibly helpful to the ACLU-NJ in assisting citizens who are in jail exercise their right to vote," said Barocas. "These people have not been convicted of a crime and are innocent until proven guilty -- and therefore eligible to vote."

Before the voter registration deadline, the ACLU-NJ contacted the 21 county elections offices and found that more than one third -- eight in total -- illegally demand unnecessary documents from former prisoners trying to register to vote. These counties incorrectly stated that documentation was required to verify the completion of their criminal sentence in order to register.

The ACLU-NJ requested that the Division of Elections send written clarification to the offending counties to inform them that the law does not require citizens who have completed criminal sentences to provide extra documentation when registering. The Division of Elections has not responded to ACLU-NJ requests for a copy of such notices to the counties, and it has not confirmed whether any were sent. Following tomorrow's election, the ACLU-NJ will continue its advocacy with the Division of Elections requesting better training and education of those working in elections.

Our Concerns

One of the ACLU-NJ's top concerns is whether state and county governments will track voting problems from the polls to the courthouse. The State Division of Elections does not report on election problems and solutions, making it difficult to understand why problems happened and therefore making it a challenge to resolve them.

"Information about what goes wrong at the polls hasn't been well documented or analyzed by elections officials in the past, making recurring problems worse," said Jacobs. "That leaves advocacy groups to recommend changes needed to make elections as successful as possible -- a task that really should be the duty of the state."

The ACLU-NJ has advocated for improvements to New Jersey voting systems and met with the Secretary of State and elections officials on several occasions -- as recently as last month. In September, the ACLU-NJ sent a letter urging the Division of Elections to take critical steps before Election Day to help ensure voting rights, including making the "Am I registered?" inquiry form on the Division of Elections website more functional; clarifying the language on the website concerning identification requirements; and providing counties with standard procedures concerning county-based intake of voting complaints.

The Divisions of Elections has not responded, and it does not appear that any recommendations have been implemented.

Read the ACLU-NJ and LWVNJ report on elections issues that arose during the February presidential primary, which includes recommendations for poll monitor training and voter education.

Poll Monitors Needed November 4

Election Day isn't just about choosing your candidate. It's about keeping the foundation of democracy strong.

But we need your help. This November, the American Civil Liberties Union of New Jersey and League of Women Voters of New Jersey are looking for your help to monitor the polls and answer our voter hotlines.

You would offer voters information about their rights, conduct exit polling about voters' experiences casting their votes, and educate voters about their options at one of our sites across the state on November 4.

What to Expect

Each session as a poll monitor lasts for at least four hours November 4
Volunteers must attend a three-hour training session in the weeks before November 4. Trainings will be held in afternoon, evening and weekend sessions to accommodate your schedule.
You will be working with another person staffed at your site, and the ACLU-NJ and LWVNJ will be available to help you if you run into problems
Polling sites will be in Newark, Elizabeth, Hoboken, Hackensack, Trenton and New Brunswick, among other cities. We try our best to accommodate specific requests, but our placements are based on availability and need.

What you'll need

Volunteers must have cell phones to keep in contact with election protection staff
Volunteers must provide their own transportation to and from their polling sites, in addition to other sites. If you want to volunteer at a specific polling site, we will try our best to accommodate your request, but we assign our monitors based on availability and need.

Volunteering for the hotline

The two hotline sites are the LWVNJ office in Trenton and the ACLU-NJ office in Newark
Volunteers must also attend a three-hour training session before November 4
Volunteers must have their own transportation to the offices, but both are accessible by public transportation.

Know Your Rights On Election Day

2008 Voter Protection Palmcard (80k PDF)
Tarjeta de Protección del Votante 2008 (80k PDF)

ACLU-NJ Client Takes Down Town's Lawn Sign Restrictions

HAWTHORNE - An ACLU-NJ client who challenged the borough of Hawthorne's unconstitutional ordinance banning political lawn signs won his battle last night when the Hawthorne Council unanimously agreed to rescind the ban in its monthly meeting.

"The Borough was wrong to threaten me with fines and then issue me a ticket. I'm relieved that they are going to take the ordinance off the books," said ACLU-NJ client Andy Gause, who had been forced to take down his Ron Paul signs. "Local governments need to be held accountable when they violate the constitution."

The ACLU-NJ represented Gause after he was issued a citation in April for displaying signs supporting Ron Paul's candidacy. The lawsuit, filed in federal district court in Newark, challenged the town's ban of political signs except for 32 days before an election and seven days after.

The borough decided to settle soon after the suit began and, acknowledging that Gause raised "legitimate concerns regarding the First Amendment," the borough has promised to amend the ordinance to eliminate time limits on political signs and not enforce the current ordinance while it is still on the books.

"Ordinances like this one are cropping up all over New Jersey - this isn't by any means isolated," said ACLU-NJ Deputy Legal Director Jeanne LoCicero. "Even if the restrictions aren't being enforced, the ordinances will have a chilling effect. Until they are taken off the books, we will continue fighting them."

The ACLU-NJ is now investigating an ordinance in North Plainfield banning lawn signs - the most severe the organization has seen. There, no one can hang a sign except for within 10 days before an election and until 72 hours after.

In June, the ACLU-NJ also came to the aid of a Barack Obama supporter whom the Borough of Shrewsbury warned that if she didn't remove her sign, she would risk a summons. That borough is not enforcing the ordinance and is planning to eliminate the ban.

Visit Gause v. Borough of Hawthorne for a copy of the ordinance rescinding the sign restriction and the complaint.

Gause v. Borough of Hawthorne

On June 27, 2008, the American Civil Liberties Union of New Jersey filed a lawsuit against the Borough of Hawthorne and some of its officials on behalf of Andrew Gause, a property owner in the Borough, who was cited for violating a Borough ordinance that prohibits the display of political signs more than seven days after an election. Mr. Gause continued to display his sign supporting the candidacy of Ron Paul after the federal presidential primary election held on February 5, 2008. The lawsuit claims that the ordinance violates Mr. Gause's First Amendment right to free speech. On August 6, 2008, the Hawthorne Borough Council unanimously voted to rescind the restrictions on time limits for political signs.

Free Speech Barred at Poll Sites, NJ Court Rules

NEWARK - Today the New Jersey appeals court upheld a 2007 directive from the state Attorney General barring constitutionally protected free speech activities and voter education within 100 feet of a polling place. The directive, which the ACLU-NJ fought on the grounds that it limited far more speech than state legislation authorized the Attorney General to ban, hampers voter education efforts at the polls by the ACLU-NJ and other NJ public education organizations.

"This decision threatens two sacred rights for every citizen in the state: the right to vote and the right to free speech," said ACLU-NJ cooperating attorney Frank Corrado of the law firm Barry, Corrado, Grassi and Gibson. "We are immediately petitioning the New Jersey Supreme Court to hear this case."

The directive, issued in a letter from New Jersey Attorney General Anne Milgram last summer, forbids any contact with voters coming and going from polling sites, except contact from people conducting exit poll research, which has its own set of restrictions. Members of the press and public interest groups have to seek advance approval from county elections boards to conduct exit polling and give two weeks' notice of the exact location and names of everyone who may conduct polling. Even when conducting exit polling, however, the groups will still not be permitted to inform voters of their rights at the polls.

In its decision, the court said the legislature meant to essentially ban all free speech activity at polls, not just speech related to electioneering for candidates or issues. The Appellate Division's decision means not only that all distribution of material is prohibited, but all suggestions of any kind made by one person to another are also prohibited.

"The legislature never meant to ban so much speech -- it meant to protect citizens from voter intimidation," said ACLU-NJ Legal Director Ed Barocas. "People at the polls will be violating state law if they distribute any kind of information or if they offer any suggestion to another person, even if the suggestion is who the Yankees should trade for. The directive creates an absurdity that the Appellate Division has turned a blind eye to."

The Appellate Division also held that the broad ban doesn't violate the First Amendment because the court believed people could abuse the right to hand out information at the polls -- but the state had not submitted any evidence of there ever being a disturbance.

The ACLU-NJ, along with other New Jersey groups, has long held voter education drives on Election Day to help people at the polls. Since 2005, even before the Milgram directive, ACLU-NJ volunteers distributing voter rights cards within 100 feet of polling sites were threatened with arrest. The ACLU-NJ submitted evidence that once they were forced to move outside the 100-foot zone, they had little access to voters who may have needed their help.

"I've always found it ironic that the Attorney General is specifically prohibiting work that helps voters exercise the same rights she is duty-bound to protect," Barocas added. "The Attorney General and the Court of Appeals are threatening to arrest people who help voters understand a basic right in a democratic society. Polling places should be free speech zones, not speech-free zones."

Read the ACLU-NJ report about this year's February 5 primary election, which discusses the impact of the electioneering directive, at: http://tinyurl.com/6nazbw

ACLU-NJ Challenges Bans on Political Lawn Signs

NEWARK - The American Civil Liberties Union of New Jersey today announced actions to stop two municipalities from unconstitutionally prohibiting political yard signs - one on behalf of a Ron Paul supporter and another for a Barack Obama backer.

"The free exchange of ideas is an essential part of our democracy. These bans on political signs prevent people from engaging in a traditional American pastime: expressing your view," said cooperating attorney Lawrence Ross, a partner at the law firm of Bressler Amery & Ross, who sent the Shrewsbury letter. "No matter your opinion, you are free to express it, regardless of any time frame."

The ACLU-NJ has come to the aid of Hawthorne resident and Ron Paul supporter Andrew Gause, who was issued a citation for displaying signs supporting Ron Paul's candidacy for the Republican nomination. The ACLU-NJ lawsuit on his behalf, filed in federal district court in Newark, challenges the enforcement of a Borough of Hawthorne ordinance that bans political signs except during the window of time 32 days before an election and seven days after.

The Hawthorne ordinance would keep residents from putting up signs for Obama, McCain or any other political cause throughout the summer until the beginning of October, despite the fact that the campaigns are in full swing and a central part of current public debate.

"Posting a sign on my private property is a basic right guaranteed by the Constitution," said Gause. "I hope this lawsuit inspires others to stand up to fight for our constitutional rights, and I hope the borough of Hawthorne is held accountable. Free speech is the most basic American right, and the consequences for breaking it must be taken seriously."

The ACLU-NJ also sent a letter to the Borough of Shrewsbury on behalf of a Barack Obama supporter who received a notice giving her two options: remove the Obama sign or risk receiving a summons. The letter requested that the borough repeal its similarly unconstitutional ordinance: a wholesale ban on political signs except during the 60-day period before an election and the five days afterward.

"Election season often reveals unreasonable restrictions on campaign signs," said Deborah Jacobs, Executive Director for the ACLU-NJ, "but the right to speak one's mind about politics is at the heart of the First Amendment."

The ACLU-NJ successfully challenged a similar ordinance against the Borough of Franklin Lakes in 2001.

The current legal action -- Andrew Gause v. Borough of Hawthorne, Patrick Botbyl, Robert Scully, and Donald Turner -- was filed in the United States District Court for the District of New Jersey.

A copy of the complaint can be found at http://tinyurl.com/57opm9

ACLU Helps Land Victory for Voters and Open Government

NEWARK - The American Civil Liberties Union of New Jersey celebrated a superior court ruling today allowing experts commissioned to test the state's voting machines to speak about their findings.

"This decision is a victory for democracy in New Jersey," said Avidan Cover of Gibbons PC, who wrote the brief on behalf of the ACLU-NJ. "Our right to vote is only secure when we know whether our votes will be counted. If there are problems, we're one step closer to knowing before the election, not after."

Modifying a previous order, Judge Linda Feinberg ruled today that a gag order on experts inspecting New Jersey voting machines would last only 90 days, beginning June 30. In that time, the experts will have 30 days to test the machines and 30 days to issue their findings. Then the State has 30 days to review the experts' findings. Following that, the information will be made available to the public.

"We're gratified by this ruling," said Cover, who submitted a friend-of-the-court brief earlier this month on behalf of the ACLU-NJ, New Jersey Press Association, North Jersey Media Group and New Jersey Foundation for Open Government asking Feinberg to reverse her earlier order silencing experts from releasing findings about the state's voting machines. "This means that we can have meaningful public debate," he added.

In May, the court allowed experts to investigate the integrity of the machines, but they were not allowed to discuss the results until the lawsuit was finished, including through appeals, even if they believed there were security problems or serious errors.

For More Information

Read the ACLU-NJ and League of Women Voters of New Jersey's report about voting rights during the February primary election, including voting machine problems at http://www.tinyurl.com/6nazbw