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Bill

S 4240

Provides for qualified voters who are incarcerated to receive mail-in ballots.

2026-2027 Regular Session Introduced by Benjie Wimberly

Allows qualified voters detained or incarcerated for nonindictable offenses to request and receive mail-in ballots, expanding voting access while keeping indictable-conviction rule

Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee
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WeVote Research Nonpartisan
Bill Summary · S 4240

Bill Summary: S 4240 (New Jersey, Session 222)

Purpose and intent

  • To authorize and facilitate the provision of mail-in ballots to qualified voters who are detained or incarcerated for reasons other than a conviction for an indictable offense.
  • The bill does not change voting eligibility for those convicted of indictable offenses; it preserves the current ineligibility for this group.
  • The overarching goal is to protect and exercise the voting rights of incarcerated or detained individuals who retain the right to vote (e.g., those awaiting trial or held for nonindictable offenses) by ensuring access to mail-in ballots at their custody location.

Key provisions and changes

  • Secretary of State and Corrections Coordination
    • The Secretary of State, in coordination with the Commissioner of the Department of Corrections, must provide to qualified voters an application for a mail-in ballot.
  • Eligibility and scope
    • Applies to qualified voters detained or incarcerated for reasons other than a conviction for an indictable offense.
    • Does not grant voting rights to those imprisoned due to indictable offenses; any ballot for such individuals, if sent after a conviction, would be void and not counted.
  • Application process and ballot delivery
    • The ballot application allows the voter to request a mail-in ballot and to designate a secondary address—the address where the voter is detained or incarcerated—for ballot delivery under the framework of existing mail-in ballot procedures (as set forth in P.L.2009, c.79).
    • Applications submitted under this provision follow the same rules and handling as other mail-in ballot applications.
    • If a voter approved for a mail-in ballot is transferred to another location, the Department of Corrections must ensure delivery of the ballot to the voter at the new location. Delivery is not treated as creating a messenger/bearer relationship under existing mail-in ballot law.
  • Contingencies and integrity
    • The act clarifies that granting mail-in ballot access in this context does not imply a broader voting entitlement beyond the specified nonindictable detention context.
    • Any ballot mailed to or received from an individual who later becomes disqualified due to an indictable offense conviction remains void and is not counted.

Administrative and procedural details

  • Effective date
    • The act takes effect January 1 of the year following enactment.
  • Implementation bodies
    • Primary responsibility lies with the Secretary of State and the Department of Corrections, working together to issue the ballot applications and manage delivery logistics.
  • Procedure mirrors existing law
    • For qualified voters under this provision, the process mirrors the standard mail-in ballot process established by P.L.2009, c.79 (C.19:63-1 et seq.), with the addition of the incarceration/detention-specific provisions and secondary address delivery.

Who would be affected

  • Eligible individuals who are detained or incarcerated for reasons other than indictable-offense convictions and who retain voting rights under state law.
  • State agencies involved in elections and corrections (Secretary of State and Department of Corrections) responsible for administration, deployment of ballot applications, and ensuring ballot delivery to custody locations.
  • No change to the voting eligibility of individuals convicted of indictable offenses; their ballots remain invalid if they ever become subject to such a conviction.

Potential impacts

  • Expands practical access to mail-in ballots for a subset of detained/detained or awaiting-trial voters, potentially increasing participation among incarcerated or detained populations who have not been convicted of indictable offenses.
  • Creates a clearer framework for ballot delivery logistics within correctional settings, reducing barriers to achieving a vote-by-mail option for these individuals.
  • Maintains safeguards by ensuring ballots tied to indictable-offense convictions remain void, preserving existing eligibility standards.

Sponsor and status

  • Introduced in the Senate on May 14, 2026.
  • Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee.
  • Co-sponsor: Benjie Wimberly.

Compiled from official sources — confirm details with the bill’s official record.

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