This law was signed by the governor on 3/6/09.  (PL 2009 c. 17)

ASSEMBLY STATE GOVERNMENT COMMITTEE  STATEMENT TO 
ASSEMBLY, No. 3648  
STATE OF NEW JERSEY
DATED:  JANUARY 26, 2009

The Assembly State Government Committee reports favorably Assembly Bill No. 3648.

This bill suspends the requirement in current law that by January 1, 2009, the voting machines used in this State produce an individual permanent paper record for each vote cast.

Specifically, the bill provides that the January 1, 2009 deadline is suspended until: (1) the Secretary of State and the State Treasurer certify in writing that sufficient funds have been provided by the federal government and received by the State to offset the entire cost of ensuring that each voting machine used in this State produces an individual permanent paper record for each vote cast; or (2) the annual appropriation act contains an appropriation of sufficient funds to ensure that each voting machine used in this State produces an individual permanent paper record for each vote cast and such appropriated funds have not been reserved by the Governor under a spending reduction plan; or (3) the Secretary of State and the State Treasurer certify in writing that sufficient funds have been provided by the federal government and received by the State, and the annual appropriation act contains an appropriation of sufficient unreserved funds, to ensure, when such funds are combined, that each voting machine used in this State produces an individual paper record for each vote cast.

The sponsors’ statement attached to the bill indicates that the suspension is necessary because of the economic situation in the State.  The State anticipates a $2.1 billion budget gap in fiscal year 2009 and a more severe gap in fiscal year 2010.  Although $19 million in State funds had been set aside to help pay the costs of retrofitting the direct recording electronic (DRE) voting machines used in 18 of the State’s 21 counties, this money is no longer available for that purpose.  The funds have been placed in reserve to help the State meet its urgent fiscal obligations and balance its budgets, as required by the New Jersey Constitution.  Without this $19 million, there are insufficient funds available currently to pay for a retrofit of all the DRE voting machines or to change to any other alternative voting system that produces a paper trail of the votes cast by a voter in an election held in this State.