New Jersey Bergen County Naked Ballot Challenge
New Jersey Democratic State Committee v. Board of Elections of Bergen County
A pro-voting lawsuit challenging the Bergen County Board of Elections’ refusal to count mail-in ballots submitted without inner envelopes.
Background
The New Jersey Democratic State Committee (NJDSC) has sued the Bergen County Board of Elections for refusing to count over 400 mail-in ballots that were returned without an inner envelope. NJDSC argues that rejecting these ballots without notifying voters or giving them a chance to fix the issue violates the right to vote under New Jersey’s constitution and state law. They are asking the court to require the Board to notify affected voters and allow them to cure the defect so their ballots can be counted.
Why It Matters
The Board’s stance would disenfranchise hundreds of Bergen County voters over a technical error unrelated to their eligibility. Missing inner envelopes has been a recurring issue, including during the 2024 presidential elections. Other states, like Pennsylvania, have allowed voters to cast provisional ballots when their mail-in ballots contained similar defects.
Latest Updates
- Nov. 6, 2025: A hearing was held. The court denied NJDSC’s request to compel the Board to implement a cure process.
- Nov. 4, 2025: The court ruled that the ballots will be rejected but ordered the Board to notify affected voters so that they may vote provisionally. The court also ordered the Board to consider whether to allow a cure process. The court granted the New Jersey Republican State Committee’s motion to intervene.
- Nov. 3, 2025: Plaintiff filed their complaint.