Every Election Day, some New Jersey voters arrive at their polling place only to learn their names are missing from the poll book.
Voters who find themselves in this position have options, and choosing appropriately can mean the difference between a vote counting right away, counting later, or not counting at all.
Poll workers are trained to offer provisional ballots when they don’t see a voter’s name in the system, but in certain scenarios New Jersey voters can also consider a lesser-known alternative to casting a provisional ballot: they can ask a judge for a court order to vote.
To ensure your voice is heard, make sure to know your options.
Voting by Provisional Ballot
A provisional ballot records your vote when your eligibility cannot be confirmed on the spot. Provisional ballots are taken to your county Commissioner of Registration’s office after the polls close to be reviewed by the county Board of Elections.
There are many reasons you may be offered a provisional ballot, including:
- You moved within your county without updating your address.
- Your registration information is not complete in the poll book (e.g. your signature is missing).
- You are a first-time voter who registered by mail; you did not provide your driver’s license/non-driver identification number or last four digits of your social security number when registering; and you did not bring acceptable identification to the polls.
- The poll book shows you applied for a mail-in ballot, but you did not apply for one; you did not receive it; or you did not return it.
- The poll book says you already voted, but you did not.
If none of the listed situations apply to you and a poll worker says there’s no record of you in the voter rolls, you can still complete a provisional ballot, but it is possible it will not get counted. Provisional ballots allow election officials to address gaps, resolve discrepancies, or verify certain registration information, but if you are missing from the statewide voter registration system altogether, the election officials may not be able to count your ballot.
Voting by Court Order
If you learn that your name is not in the poll book, but you believe it should be, you may want to consider going to court. A judge has the power to issue an order allowing you to vote even in circumstances where your provisional ballot could be rejected.
To request a hearing with a judge, you will typically need to contact your county Board of Elections to set it up. Each county assigns state court judges to hear voting cases on an emergent basis during the early voting period and on Election Day. If you’re turned away from the polls because your name is not appearing on the voter rolls, but you believe you should be registered, you can go before one of these judges and request an order allowing you to cast a ballot on a machine.
Attending a Hearing
Some counties conduct all election hearings remotely via Zoom; some offer voters a choice between participating remotely or coming to the county courthouse; and some require voters to show up in person.
Keep in mind, a representative from your county Board of Elections will participate in the hearing and will typically argue against granting an order to vote, so you should not feel pressured to share any factual information in advance. Free, non-partisan legal assistance for voters is often available; call 1-866-OUR-VOTE to get more information or ask for legal help.
The judge will first verify your eligibility – including that you are at least 18 years old, a citizen of the United States, and have resided in the county where you’re seeking to vote for at least 30 days before the election. Then, they will determine whether you made a “good-faith attempt” to register to vote by the deadline.
If the judge issues you an order to vote, you can return to your polling place and cast a regular ballot, which will be counted immediately.
Making a Voting Plan
To learn more about the upcoming election, including information about pro bono representation, call or text the following numbers to speak with a trained volunteer:
- 1-866-OUR-VOTE / 866-687-8683 (English)
- 1-888-VE-Y-VOTA / 888-839-8682 (English/Spanish)
- 1-888-API-VOTE / 888-274-8683 (English/Asian languages)
- 1-844-YALLA-US / 844-925-5287 (English/Arabic)
To make your voting plan, including how to register and where to find your polling place, read our Election Guide.
The power belongs to the people – make sure you have the information you need to ensure your voice is heard.