Modified Vote By Mail: Governor Murphy's Executive Order and the Trump/RNC lawsuit

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Governor Phil Murphy
08/14/2020

Governor Murphy Signs Executive Order to Protect Public Health by Mailing Every Active Registered Voter a VBM Ballot Ahead of the General Election

TRENTON – Amid the ongoing COVID-19 pandemic, Governor Phil Murphy today signed an executive order to create a modified vote-by-mail (VBM) election for the November 3rd General Election. The order suspends the sending of sample ballots and requires that each county’s elections officials send VBM ballots with pre-paid postage to all active registered voters for the General Election. Additionally, every voter will have the option to either return their ballot through a secure drop box or turn in their ballot at a polling location on Election Day. The Administration is working with the Department of State to implement a new online voter registration system where New Jersey residents will have the opportunity to register to vote. The online system will launch on September 4, 2020.

“COVID-19 has impacted nearly every aspect of our lives, from our health and safety to how we participate in our democracy,” said Governor Murphy. “This virus continues to threaten public health, and with today’s announcement, we are ensuring that New Jersey voters do not have to make a decision between exercising their right to vote and protecting their well-being.”

“Every voter deserves to participate in free, fair, and safe elections,” said Secretary of State Tahesha Way.  “By sending every New Jersey voter their ballot in the mail, we are protecting the health of voters, elections workers, and our democracy.”

In order to address the influx of VBM ballots, the executive order will extend the deadline to allow ballots being returned through the United States Postal Service (USPS) with a postmark on or before November 3rd to be counted as a valid ballot by the County Clerk, if received by 8:00 p.m. on November 10th. Ballots without a postmark that are received by the county boards of elections within 48 hours of the closing of polls on November 3rd shall be considered valid.

Today’s executive order will also require a minimum of at least one polling place in each municipality and a minimum of 50 percent of polling places in each county to provide New Jersey voters with access to in-person voting opportunities, including accommodations for voters with disabilities. All public schools will close for in-person instruction on November 3rd to allow counties to use their buildings as polling locations, if necessary. Polling locations will be required to follow public health standards, including ensuring six feet of distance, requiring poll workers to wear face coverings and gloves, frequent sanitization of high-touch areas, and providing sanitization materials to all individuals at a polling place. 

Copy of Executive Order No. 177

Donald J. Trump for President, Inc.
August 18, 2020

Trump Campaign Fights Liberal New Jersey Governor’s Attempts to Undermine Election Integrity

Donald J. Trump for President, Inc., along with the Republican National Committee and the New Jersey Republican Party, filed suit Tuesday night to invalidate Governor Phil Murphy's Executive Order 177. This unconstitutional order violates New Jerseyans' 14th Amendment right to vote, as well as the Elections Clause and the Electors Clause of the U.S. Constitution. The unlawful power grab by New Jersey Democrats has demonstrably opened the state's election system up to fraud and will lead to the disenfranchisement of New Jersey voters. In defense of free and fair elections, the Trump Campaign cannot allow for Democrat party bosses to undermine the integrity of our democracy.

The lawsuit states: “In a direct usurpation of the legislature’s authority, Governor Murphy issued Executive Order 177 purporting to rewrite the election code for the November 2020 election. This brazen power grab was not authorized by state law and violates both the Elections Clause and Electors Clause of the U.S. Constitution and 3 U.S.C. §1.”

Matt Morgan, Trump 2020 General Counsel: "Across the country, the Democrat Party is launching an alarming assault on the safety and security of our elections. In the state of New Jersey, where their universal vote-by-mail system has already resulted in fraud and disenfranchisement, Governor Murphy continues to remove safeguards against abuse. With a stroke of his pen, the governor told his people their votes may not count – they may even be stolen – and that’s fine by him. Despite constant attacks on our election system, President Trump and the Trump Campaign will continue to defend our democracy."

Ronna McDaniel, Chairwoman of the Republican National Committee: “Governor Murphy’s executive order is not only an abuse of power, but a recipe for disaster. In New Jersey’s primary election, dead people voted, a mail truck carrying ballots actually caught fire, countless voters saw their ballots rejected, and the Democrat Attorney General is prosecuting multiple people for fraud, yet Democrats still want to implement a rushed transition to an all mail election. This decision will sow chaos and risk disenfranchising New Jersey voters.”

New Jersey's universal vote-by-mail system is unconstitutional:

  • Executive Order 177 violates New Jerseyans' 14th Amendment right to vote, as well as the Elections Clause and the Electors Clause of the U.S. Constitution.
  • The order treats in-person voting - the most secure voting method - as second class by deeming every in-person ballot cast as merely a provisional ballot.
  • This is a clear admission that New Jersey's election infrastructure cannot handle universal vote-by-mail.
New Jersey's universal vote-by-mail system is ripe for fraud:

  • New Jersey Governor Phil Murphy called the state's transition to universal vote-by-mail "overwhelmingly a success," and quipped that New Jersey has "a higher probability of being hit by lightning than we do uncovering voter fraud."
  • If he’s right about the odds, citizens of New Jersey should take shelter—they’re about to get struck by lightning.
  • A 2016 investigation found 2,460 active voters on the state's voter rolls who had been dead for at least five years, including nearly sixty who had cast ballots after their death.
  • Under the New Jersey governor's new order, all active registered voters - including the dead - would be sent ballots.
  • Fraudsters in New Jersey have already been caught bribing voters with cash for their mail-in ballots.
  • For New Jersey's May primary, Governor Murphy shut down every polling place and embraced universal vote-by-mail.
  • 10% of mail-in ballots were rejected, disenfranchising voters.
  • In Paterson New Jersey, there was evidence of massive voter fraud:
      • Nearly 900 completed ballots were mailed in bulk.
      • Many people listed as having voted say they never received a ballot.
      • Fraudsters conspired to steal ballots.
To read our full complaint, click here.