LEGISLATIVE FISCAL ESTIMATE

ASSEMBLY, No. 4083

STATE OF NEW JERSEY

221st LEGISLATURE

 

DATED: DECEMBER 18, 2024

 

 

SUMMARY

 

Synopsis:

Establishes “John R. Lewis Voter Empowerment Act of New Jersey.”

Type of Impact:

Annual expenditure increases to the State, local government entities, and an institution of higher education.

Agencies Affected:

Department of Law and Public Safety; Department of State; the Judiciary; local governments; school districts; a to-be-selected public institution of higher education.

 

 

Office of Legislative Services Estimate

Annual Fiscal Impact

 

 

State Expenditure Increase

Indeterminate

 

Local Government Expenditure Increase

Indeterminate

 

Public Institution of Higher Education

Indeterminate

 

 

 

 

·         The Office of Legislative Services (OLS) finds that the bill will result in an indeterminate amount of annual costs for the Office of the Attorney General for its expanded role in enforcing voting rights in the State, including the administration of the preclearance process established by the bill.  The office, along with the Department of State, will also have additional expenditures related to the public education campaign required by the bill.

·         The Judiciary is likely to experience an increase in its caseload to the extent the bill results in additional litigation from alleged violations of voting rights.

·         Local governments, including school districts, will incur periodic costs to provide language assistance to voters if it is not already provided.  Some local governments will incur indeterminate periodic costs if found to have violated the bill’s provisions and are ordered by the court to enact remedies to address the violation and to reimburse plaintiffs for their work on the matter.  Local governments previously found to have violated the voting rights of a protected class will incur additional administrative costs under the preclearance process.

·         A public institution of higher education, which is to be selected, will have annual increased expenditures to establish an institute to catalog and conduct research on certain voting and elections-related information.  The institute is also permitted to offer classes.

 

 

BILL DESCRIPTION

 

      This bill provides certain protections regarding the right to vote in New Jersey.  It specifically safeguards voting rights for members of a protected class by establishing a series of tests to determine when those rights have been infringed and by creating a standardized mechanism for redressing violations.

      Under the bill, aggrieved parties may notify local government entities, including school districts, of perceived violations of the bill and demand reimbursement for the cost of substantiating such claims if the local government implements a remedy in response to the notification or the Office of the Attorney General approves such a remedy.  The bill also establishes a preclearance process through which local government entities previously found to have violated the voting rights of a protected class are to have changes to their voting policies and practices approved by the Office of the Attorney General or the court.

      The bill also requires local governments to provide physical and online voting materials in languages other than English when the local electorate meets certain criteria regarding limited English language proficiency.  The bill requires the State to adhere to this requirement if it produces or disseminates such materials on behalf of a local government.

      The bill also grants the Office of the Attorney General authority for voting and elections-related matters including mediating claims of perceived violations of the act and meeting various reporting and administrative requirements regarding voter education campaigns, public presentations, and the creation and maintenance of accessible online resources regarding covered entities and preclearance submissions.  The office is to coordinate with the Department of State on the public education efforts.

      Additionally, the bill establishes the New Jersey Voting and Elections Institute at a public university in the State.  The institute is to create and maintain a central repository of voting and elections-related data and conduct research on existing laws and best practices regarding voting and elections.  The institute is also permitted to offer classes.

 

 

FISCAL ANALYSIS

 

EXECUTIVE BRANCH

 

        None received.

 

OFFICE OF LEGISLATIVE SERVICES

 

      The OLS finds that the bill will result in an indeterminate amount of annual costs for the Office of the Attorney General for its expanded role in enforcing voting rights in the State, including the administration of the preclearance process established by the bill.  The office, along with the Department of State, will also have additional expenditures related to the public education campaign required by the bill.  The campaign is to include both written and electronic material and is to be made available in languages tailored to the requirements of the voting jurisdiction.

      The Judiciary is also likely to experience an increase in its caseload to the extent the bill results in additional litigation from alleged violations of voting rights.  The OLS lacks the informational basis to estimate the magnitude of these costs.

      Local governments, including school districts, will incur periodic costs to provide language assistance to voters if it is not already provided.    Some local governments will incur indeterminate litigation costs for alleged violations of the provisions of the bill, or, if they are found to be in violation, are ordered by the court to enact remedies to address the violation and to reimburse plaintiffs for their work on the matter.  Local governments previously found to have violated the voting rights of a protected class will incur additional administrative costs under the preclearance process.  The extent to which local government expenditures will increase cannot be reliably estimated.

      A public institution of higher education, which is to be selected, will have annual increased expenditures to establish an institute to catalog and conduct research on certain voting and elections-related information.  The institute is also permitted to offer classes.

 

Section:

State Government

Analyst:

Anna Harris

Associate Fiscal Analyst

Approved:

Thomas Koenig

Legislative Budget and Finance Officer

 

This legislative fiscal estimate has been produced by the Office of Legislative Services due to the failure of the Executive Branch to respond to our request for a fiscal note.

 

This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).