Pre Election Newsletter

CHALLENGER'S INSTRUCTIONS FOR DISTRIBUTION

Set forth below the calendar is a set of instructions for election day challengers, which I have prepared, and which I suggest that you might want to copy and distribute to any volunteers who will be working for the GOP on election day: challengers, candidates, etc.

FINAL DAYS HELP NEEDED - CONTACT/GO TO HEADQUARTERS IN WOODBRIDGE OR SOUTH PLAINFIELD - NOW!

Get out the vote phone calls are now being made at our phone banks to identified supporters among Middlesex County voters - including voters in your town - at the phone banks in Middlesex County in Woodbridge at 530 Amboy Avenue, Woodbridge, NJ 07095 and in South Plainfield at 119 Hamilton Boulevard, South Plainfield, NJ 07080. The phone banks are now open every day through and including election day. (9 am -9 pm in Woodbridge, 10 am - 9
pm in South Plainfield and until the polls close at 8 pm on election day) Call or e-mail Vinny Napolitano, NJGOP Regional Field Director for Middlesex County at 908-591-2415 or vinny@njgop.org. or just show up. We are also knocking on doors for the same GOTV effort, and some money may still be available for those who participate in that effort. Contact Vinny.

STATEWIDE VOTER REGISTRATION STATISTICS - AND PAST GUBERNATORIAL ELECTION VOTE INFO AVAILABLE

Want to know how New Jersey's counties voted in past gubernatorial elections? Find the data for the 2001, 2005 gubernatorial elections and the 2008 presidential election at www.eagleton.rutgers.edu/programs/njproject/ campaigns_elections.php.

You will find that state wide - and in Middlesex County - for the last 2 gubernatorial elections - the turnout was less than 50% of the registered voters. Over _ of the registered didn't vote. Can you imagine what the results for our Republican candidates would be if we got out every Republican minded voter from that non-voting _ on election day?

ANY MAIL IN BALLOTS (FORMERLY KNOWN AS ABSENTEE BALLOTS) NOT YET SENT BACK?

As of about 1:00 pm on Friday, about 15,100 mail in ballots had been sent out by the Middlesex County Clerk, but only about 8,800 of those ballots had been received by the Middlesex County Board of Elections at 777 Jersey Avenue, New Brunswick. If you helped someone obtain a mail in ballot or you know someone who obtained a mail in ballot, check with him or her, now, to see if he or she has sent it back. If they haven't, it is really too late to trust the ballot to US Postal Service, since it must arrive at the Board of Elections Office by 8:00 pm on Tuesday - election day - so the ballot should be hand delivered.

Remember that if a mail-in ballot is hand delivered to the Board of Elections by a messenger, (legally called a “bearer”), the name and address of the actual bearer delivering the ballot must be completed on the outer envelope before the ballot is brought to the Board of Elections or, by law, the ballot won't be counted. Also remember that a candidate who is on the ballot this election may not be a bearer. Don't do all the work and then lose the vote via a technicality! As we know, every vote counts!

ANY MORE ATTORNEYS WANT TO VOLUNTEER TO HELP ON ELECTION DAY?

If there are any additional attorneys who would like to help the GOP on election day, they should contact Chris Struben at his law office at 908-925-9111 or via e-mail at cfstruben@aol.com, immediately. Although all day availability would be preferable, if the attorney can volunteer a block of time of several hours or more, it would be acceptable.

SOME ELECTION QUOTES…

* If Thomas Edison invented electric light today, Dan Rather would report it on CBS News as "candle making industry threatened". (Newt Gingrich)

* Asking an incumbent member of Congress to vote for term limits is a bit like asking a chicken to vote for Colonel Sanders. (Bob Inglis)

* If elected, I will win. (Pat Paulsen)

* Never vote for the best candidate, vote for the one who will do the least harm. (Frank Dane)

* The best reason I can think of for not running for president of the United States is that you have to shave twice a day. (Adlai Stevenson)

* Politicians are the same all over. They promise to build a bridge where there is no river. (Nikita Khrushchev)

ELECTION NIGHT LOCATIONS/CELEBRATIONS

The various election night locations/celebrations, of which I am aware, as of this writing, are as follows. (Please note that some of these - other than for Christie, -may be subject to change, so if you are coming from a distance, confirm the location first) :

Christie/Guadagno - Parsippany Hilton, 1 Hilton Court, (off Route 10), Parsippany

Middlesex County GOP candidates - MCRO HQ, 530 Amboy Avenue, Woodbridge

Carteret - Ukrainian American Citizens Club, 728 Roosevelt Avenue, Carteret

East Brunswick - VFW, 485 Cranbury Road, East Brunswick

Edison - Edison GOP HQ, Colonial Village Shopping Center, Route 27 & Parsonage Road, Edison

Monroe - Garvey's Restaurant, 405 Spotswood Gravel Hill Road, Monroe

Old Bridge - Cheesequake Firehouse, 113 Route 34, Old Bridge (Matawan P.O.)

South Plainfield & 18th Assembly candidates - SP HQ, 119 Hamilton St., SP

South River - Byelorussian Hall, Whitehead Avenue, South River

Kothari for 19th Assembly - Holiday Inn, Raritan Center, Edison

If you expect to go to one or more of these functions, the various campaigns all want you to help make them victory celebrations by helping get out the vote from now through and including the time the polls close on election day.

BUY POPCORN AND HELP THE BOY SCOUTS

Since you are probably going to be buying presents for the holidays or for other reasons, (pre-election day Halloween party?), I would like you to consider buying popcorn and support the scouts at the same time. You can now buy on line by visiting www.orderpopcorn.com and when the home page comes up, there is a space that reads “Enter Order Key.” In that space please enter TEV4T3E. This is my special order key that allows the tracking of the sales generated from my efforts. This will take you to a new page where you can purchase all varieties and types of popcorn and other edibles, such as Trail Mix, Chocolatey Crunch, etc.). If you forget my order key number, you can shop without a key. Just make sure that when you select a council to receive credit, you select “NJ” and then: “Monmouth Junct: Central New Jersey Council.” (The Central New Jersey Council includes most or all of Middlesex, Mercer and Hunterdon Counties, and small portions of Somerset and other adjacent counties.)

UPDATED CALENDAR

What follows is an updated calendar. If you have any municipal or countywide fundraisers or functions you would like me to include in my e-mail calendar from time to time, please contact me at dkatzlaw@aol.com. Please note that organizations and campaigns sometime provide added information, change dates or cancel events, which information I include in this calendar if I receive the information in time. Therefore, if you plan to attend an event, please make sure you review the calendar listing in my latest e-mail and, to the extent you may not have pre-registered for the particular event so the sponsoring group will be able to contact you about any changes, you may want to check with the sponsoring group before you go, to make sure the information has not changed.

November 2 (Monday, 3:00 pm) - Last day to apply for a vote by mail ballot in person (or by authorized messenger) at the County Clerk's office in order to vote in the General Election.

November 3 (Tuesday 6:00 am - 8:00 pm) - General Election

November 19 (Thursday 7:30 pm) - Middlesex County Republican Women's Club. Joint meeting with the Monroe Republican Club - Garvey's Restaurant, 405 Spotswood Gravel Hill Road, Monroe. Speaker - Political analyst from Eagleton Institute and our fabulous patriotic boutique including new items from the Reagan Library.

Please forward this information to any Middlesex County Republican, or other individual, who you think might be interested in seeing it. Further, if you know of any Middlesex County Republican who would like to receive periodic e-mail reports about NJ Republican State Committee meetings and other information I believe might be interesting or useful, please have them send me, Donald Katz, an e-mail to dkatzlaw@aol.com, and I will add them to my e-mail list. By the same token, if you ever want to be removed from my e-mail list, send me an e-mail and I will remove you.

Donald Katz, Esq.
Republican State Committeeman - Middlesex County and Counsel, Middlesex County Republican Organization
dkatzlaw@aol.com


INSTRUCTION TO CHALLENGERS (10/09)

Job Description:

To make sure that only those people who are legally eligible to vote do vote, that only legal votes are counted at the end of the day and to keep track of the individuals who have voted by checking their names off on a registered voters' list, if same is provided.

Who can be at the polls - in the building?

Only the following people can be at the polls (19:15-8), if anyone else is there they must leave: 1) Officers connected with the election, ie: Members of the County Board of Elections, the District Election Board (the four or six people behind the table, ie: the poll clerks), the Municipal Clerk, and their duly appointed representatives. 2) The Candidates (they don't have to wear badges). 3) The Duly Authorized Challengers (those who have a certificate filed with the District Election Board and who are wearing a badge) (19:7-6). (Each candidate is allowed two challengers at every poll but only one of them can be in the poll at any one time) (19:7-6.1). 4) Voters who are present for the purpose of voting (they may not stay in the polls after they vote and talk - use your judgment on this). 5) Police Officers who are detailed to preserve order. Note that, as per a September, 2009 NJ Supreme Court decision, not only can there be no campaigning within 100 feet of the polls, but, neither members of the media nor other “exit pollers” may be in the polls or within that distance from the polls.

How can I challenge a voter, and for what reasons?

You may challenge any voter you suspect may not legally be eligible to vote as long as you are not acting in a discriminatory manner. The challenge can be made on several grounds, including that the voter is not the person he says he is, is not a citizen, is under age 18, or if the person does not meet the requirements for residency. A registered voter who has moved out of his election district but still lives in Middlesex County can not vote at his old district, but can vote in his new district via provisional ballot. A registered voter who has moved within his election district is entitled to vote in his district by signing an affirmation of transfer. A registered voter who has moved out of Middlesex County more than 21 days before the election, or, similarly, a person who is registered in another county and has moved into Middlesex County more than 21 days before the election, can not vote either at his old election district or at his new election district. A registered voter who has moved out of Middlesex County less than 21 days before the election can vote at his old election district but must first sign an affidavit of residency.

To challenge a voter, you tell the District Election Board that "I challenge this voter's right to vote on the grounds of residency" or for whatever other applicable reason. The challenger then "shall have the power and right to ask all questions which are suitable and necessary to determine such person's right (to vote)" (19:15-18). After questioning the voter, and giving the voter the opportunity to sign an affidavit and provide written proof, the District Election Board must officially vote on whether or not the person can vote. If the Board decides to allow the voter to vote (with a tie 2 to 2 decision the voter can vote), the challenger has the right to, and should have the voter sign an affidavit that he is a legal voter (19:15-21), by signing this, the voter is open to prosecution if he is voting illegally. If a challenge is successful, the challenger also must sign an affidavit.

Provisional (Paper) Ballots.

Under the election law, (19:31-11b), voters who have moved within Middlesex County who allege they are registered in the county may vote at their new election district, and voters who allege that they live and are registered in the election district, (after the poll clerks verify that the address is, indeed, in the election district even though their registration page is not in the registration books), may vote at their election district, but in each instance, the voter must vote through the use of provisional (paper) ballots. Similarly under the Vote by Mail law which went into affect on July 1, 2009, a voter who has applied for a mail-in ballot but wants, instead, to vote in person at the polls may do so, but only by provisional ballot, not on the voting machine. The results of the provisional ballots are not counted nor reported by the poll clerks, (only the number of ballots used, not used and spoiled). The ballots are kept sealed and segregated in a ballot bag which, in turn, is sealed at the time the polls close and are returned to the County Board of Elections for verification and counting, if appropriate. The poll clerks must, at all times, keep tight custody of all provisional ballots - including spoiled ballots, (where the voter made a mistake), which must be kept in the ballot bag except while being voted by the individual voter.

Misc. items you should know.

No political buttons, badges or other insignia are allowed in the polls or within 100 feet of the polls (19:34-19), and no campaigning or distribution of literature is allowed in or within 100 feet of the polls (19:34-15).

Challengers have the right to check all challengers' certificates filed with the Board at any time. If a certificate is mutilated by erasing the name of a person, word or district, the certificate is invalid.

No one except the Board may ask the voter's name and address. The voter must give his name and address himself and then the Board member must repeat the name and address loud enough for the Challengers to hear (19:31A-8).

If a voter is blind, disabled or unable to read English, he may take a person of his choice into the booth with him or he may have two members of the Board in the booth with him, one member of each party. However, in each instance where someone goes into the booth with a voter, a disability certificate of assistance must be completed and signed by the appropriate parties before entering the voting booth (19:50-3). (These certificates are in the front of the A-K poll book.) In no other case may anyone enter the voting booth with the voter. Being drunk is not a physical disability.

Bring change with you to the polls, (or a cell phone), and if there are any problems during the day, have someone call the HQ.

In the case of challenging a voter on the basis of residency, just ask the voter when and where he moved, do not ask if he moved more than 21 days ago or whether he moved inside or outside Middlesex County, chances are that he will say no as to the date, or tell you that he moved inside the county. If the voter doesn't know what the deadline is or whether its important that the voter still lives in the county, he is more likely to tell the truth and therefore more likely to disqualify himself.

Only English may be spoken at the polls, with the following exceptions: 1) The Spanish speaking poll clerks, if there are any assigned in your district, may speak to the voter in Spanish for the sole purpose of determining his eligibility to vote and explaining the actual mechanics of voting. 2) Non-English speaking voters may be accompanied to the polls by an interpreter. In the event a voter, who you believe is favorable to us, needs language help in the various Indian or Chinese languages, and there is no interpreter at the location, you can suggest that the poll clerks, the voter or you, on a cell phone, call the Board of Elections Office (732-745-3471) and ask to speak to an Indian or Chinese language interpreter for such help.

Selected penalties for violating the Election Law.

UNREGISTERED VOTERS - Voting by persons not properly registered or soliciting non-qualified persons to vote is a crime punishable by a fine of $500 or imprisonment in the state prison for 3 years, or both (19:34-20).

ILLEGAL VOTING - Any person who fraudulently attempts to vote or who attempts to vote more than once or impersonates or attempts to impersonate a person legally entitled to vote is guilty of a crime, is subject to punishment and can be imprisoned in a state prison (19:34-12).

AND AS A FEDERAL OFFENSE (For Federal Elections only - so not this year): Anyone who gives false information as to his name, address or period of residence for the purpose of establishing his eligibility to vote, or anyone who conspires with another for the purpose of encouraging his illegal voting, or anyone who pays or offers to pay or accepts money for voting is guilty of a crime. CONVICTION CARRIES A SENTENCE OF UP TO A $10,000 FINE AND 5 YEARS IN PRISON (42 U.S.C.§ 1973i(c)). (Please note that this provision does not apply in years where there are no federal offices on the ballot).

REMEMBER, IF YOU HAVE ANY PROBLEMS, HAVE SOMEONE CALL HQ!

Middlesex County GOP HQ: 732-634-2922 Your local GOP HQ: _____________
Middlesex County Board of Elections: 732-745-3471 (Sylvia Engel and Donald Katz, Republican Commissioners) 777 Jersey Avenue, New Brunswick