LEGISLATIVE FISCAL ESTIMATE

[Second Reprint]

ASSEMBLY, No. 4083

STATE OF NEW JERSEY

221st LEGISLATURE

 

DATED: JUNE 24, 2025

 

 

SUMMARY

 

Synopsis:

Establishes “John R. Lewis Voter Empowerment Act of New Jersey”; appropriates $2.5 million.

Type of Impact:

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

Agencies Affected:

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

 

 

Office of Legislative Services Estimate

Fiscal Impact

Year 1

Year 2 & Thereafter

 

State Expenditure Increase

At least $2.5 million

Indeterminate

 

Local Government Expenditure Increase

Indeterminate

Indeterminate

 

Public Institution of Higher Education

Indeterminate

Indeterminate

 

 

 

 

·         The Office of Legislative Services (OLS) finds that the bill will result in an initial State expenditure increase of up to $2.5 million for the implementation of the bill’s provisions, including enforcing voting rights in the State and the administration of the preclearance process, by the newly established Division of Voting Rights in, but not of, the Department of the Treasury.  The establishment of the division will result in a decrease in revenue and expenditures for the Office of the Attorney General in the Department of Law and Public Safety.  The division, along with the Department of State, will also have additional expenditures related to the public education campaign required by the bill. 

·         Additional annual State costs beyond these implementation costs are also likely to accrue to the Judiciary from an increased 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 by the State Legislature at a later date, 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.

      The bill establishes a Division of Voting Rights in, but not of, the Department of the Treasury, to oversee the implementation and enforcement of the bill’s provisions and all State election laws.  The bill also precludes the Office of the Attorney General from enforcing or appearing before a court in relation to the State’s election laws and repeals a section of law that allocated funds to the Office of the Attorney General for the enforcement of State election law.

      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 up to $50,000, if the local government implements a remedy in response to the notification or the Division of Voting Rights approves such a remedy.  If the local government does not implement a remedy and the dispute proceeds to trial, there is no limit on the amount a plaintiff may recover from the local government. 

      The bill also requires local governments to provide physical voting materials, which may also be made available online, 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 Division of Voting Rights 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.

      The bill appropriates $2.5 million to the Division of Voting Rights to implement the provisions of the bill.

 

 

 

 

FISCAL ANALYSIS

 

EXECUTIVE BRANCH

 

None received.

 

OFFICE OF LEGISLATIVE SERVICES

 

      The OLS finds that the bill will result in an initial State expenditure increase of at least $2.5 million for the implementation of the bill’s provisions, including enforcing voting rights in the State and the administration of the preclearance process, by the newly established Division of Voting Rights.  The establishment of the division will result in a decrease in revenue and expenditures for the Office of the Attorney General in the Department of Law and Public Safety.  The division, 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.  This will include costs up to $50,000 where a remedy for the alleged violation is implemented pre-trial, and costs as determined to be appropriate by a court in any dispute that proceeds to trial.  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:

Camryn Mathews

Assistant 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.).