New NJ Law Orders Us To Sign False Affidavit On Mail-In Ballot. Why I’m Doing It.

Second Paragraph of Notice Published by Atlantic County Clerk in Press of Atlantic City Yesterday States:  “Public Law 2020, Chapter 72 requires you to sign the certification affixed to the margin of the flap on the inner envelope (swearing that you submitted a written request for a mail-in ballot pursuant to the Election Law) notwithstanding the fact that you may not have applied for this ballot, but instead received this ballot automatically”.

This is bad for several reasons.  Governor Murphy and the Legislature could have easily changed the language of the affidavit to read, “I swear that I am a registered voter at this address and I received this ballot in the mail automatically”.  By ordering almost every voter in the state to swear to something that is not true, they make sworn statements less serious and enforceable.  They also create a culture that tolerates lying on other sworn statements when convenient.

As  lawyer and a Jew, I also am worried and offended when government officials order citizens to disregard the plain meaning of words.  In the 1930’s, every Jew born in Germany was a natural born citizen whose rights were protected by the German Constitution.  In 1935, the Nazis denied those rights without amending the Constitution.  They simply adopted a new “Reich Citizenship Law” declaring that Jews were no longer German citizens.

However, I intend to complete my ballot, sign the affidavit, and mail it as soon as possible for the following reasons:

  1.  If I attempt to cross-out and add words to the affidavit, it is likely that my ballot will be challenged and disqualified.
  2. I know for a fact that many ballots were mailed to addresses of voters who no longer live there.  I know that duplicate ballots were mailed to people who re-registered under new married names, middle names, or nicknames.  I believe some people have such hatred for candidates they disagree with that they, or people they live with, will not hesitate to break the law.  I also believe that many of these duplicate ballots will be sold to people who will then fill them out and mail them.  For that reason, I want Election Officials and Challengers to devote their time and energy looking for and stopping that kind of fraud.  I don’t want to distract them by trying to change the affidavit or vote in person.
  3. Once a fake ballot is opened and counted, it is almost impossible to set it aside.  Therefore, I would like to see all genuine ballots completed and submitted as early as possible.  I would like to see Election Officials and Challengers having nothing to do other than look for and uncover fake ballots during the weeks leading up to “Election Day” BEFORE they are opened and counted.
  4. Fake ballots are more likely to be counted when Election Officials and challengers are overwhelmed and overworked and don’t have time to check suspicious ballots.  It is much easier to stop fraud when Election Officials have time to send investigators to the homes of people who submit suspicious ballots.  (Like ballots when ballots are mailed in for people who haven’t voted out of an address for many years.)
  5. You should receive your ballot by mail by October 7.  If you do not receive your ballot by then, please call your County Clerk or Country Election Board or Superintendent of Elections.
  6. If for any reason you did not receive a Ballot because you are not registered at your current address, please re-register as soon as possible.  The absolute deadline is Tuesday, October 13.
  7. I am personally returning my ballot by mail rather than using the drop-box.  That is because I know where the mailbox is in my neighborhood and I can easily vote by mail.  I am afraid I might accidentally lose my ballot if I let it sit around the house until I can get to a drop-off box.  I believe my ballot is safe with the the U.S. Postal Service as long as I mail it early!
  8. I also recommend that you use “Track My Ballot” online, to make sure your ballot was received and found acceptable.   Please click here for detailed instructions.  Or use this link:


Seth Grossman

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Seth Grossman, Executive Director

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