ASSEMBLY STATE AND LOCAL GOVERNMENT COMMITTEE

STATEMENT TO

ASSEMBLY, No. 4083

with committee amendments

STATE OF NEW JERSEY

DATED:  DECEMBER 12, 2024

      The Assembly State and Local Government Committee reports favorably and with committee amendments Assembly Bill No. 4083.

      As amended by the committee, this bill establishes the “John R. Lewis Voter Empowerment Act of New Jersey.” 

      Under the bill, all statutes, rules, and regulations, in this State including all local laws or ordinances related to the elective franchise must be construed liberally in favor of:

      (1)  protecting the right of voters to have their ballot cast and counted;

      (2)  ensuring that eligible voters are not impaired in registering to vote; and

      (3)  ensuring voters of race, color, and language-minority groups have equitable access to fully participate in the electoral process in registering to vote and voting.

      The bill prohibits the authority to prescribe or maintain voting or elections policies and practices to be so exercised as to unnecessarily deny or abridge the right to vote.  The bill also prohibits a local election office or political subdivision from using a method of election that has the effect of impairing the ability of members of a protected class to elect candidates of their choice or influence the outcome of elections, as a result of vote dilution.  The bill requires that any policy and practice that burdens the right to vote must be narrowly tailored to promote a compelling policy justification that must be supported by substantial evidence.  The bill provides factors for determining if a violation of the bill has occurred, including if a voter’s right to vote has been violated or if the voter has experienced vote dilution.  

      Under the bill, if a violation of the provisions of the bill occurs, the bill provides a remedy process, including for apportionment and redistricting maps.  The bill provides that after a New Jersey Voter Empowerment Act (NJVEA) notification letter is mailed from a prospective plaintiff to a political subdivision, the political submission may pass an NJVEA resolution reaffirming:  (1) the political subdivision's intention to enact and implement a remedy for a potential violation of the bill; (2) specific steps the political subdivision will undertake to facilitate approval and implementation of such a remedy; and (3) a schedule for enacting and implementing such a remedy.

      The bill provides that if the governing body of a political subdivision lacks the authority under this act or applicable State law or local laws to enact or implement a remedy identified in the resolution, or fails to enact or implement a remedy identified in the resolution, within 140 days after the passage of the resolution, or if the political subdivision is a covered entity as defined by the bill, the governing body of the political subdivision must coordinate with the Attorney General to resolve the violation, including reaffirming that any proposal is unlikely to violate the United States Constitution, New Jersey Constitution, or any federal or State law; and is feasible to implement.

      Under the bill, the Attorney General is provided with certain preclearance powers.  The bill provides that if certain political subdivisions that have been the subject to court order or government enforcement action based on violations of the bill; the federal Voting Rights Act of 1965, as amended; the 15th amendment to the United States Constitution, or a voting-related violation of the 14th amendment to the United States Constitution, may be subject to preclearance, which is the process of obtaining prior approval from the Attorney General or a court of this State for any changes related to election procedures in that political subdivision.  The bill also provides that any final determination of the NJ Division of Civil Rights, a court approved consent decree, or any violation of State or federal election law against members of a protected class may be cause for subjecting a political subdivision to the bill’s preclearance procedures.

      The bill provides definitions for a “covered entity” and a “covered policy” and requires that covered entities submit their at-large method of election and districting plans to the Attorney General for review and approval following a decennial census.

      The bill provides assistance to language-minority groups.  Under the bill, a local election office or a political subdivision that administers elections must provide language-related assistance in voting and elections to a language-minority group in a political subdivision if, based on data from the United States Census Bureau American Community Survey, or data of comparable quality collected by a public office, that: (1) more than two percent, but in no instance fewer than 100 individuals, eligible voters of a political subdivision are members of a single language-minority group and are limited English proficient; or (2) more than 4,000 of eligible voters of such political subdivision are members of a single language-minority group and are limited English proficient.

      The bill further provides that a local election office or political subdivision required to provide language assistance to a particular language-minority group pursuant to this section must provide voting materials in the covered language of an equal quality of the corresponding English language materials, including registration or voting notices, forms, instructions, assistance, or other physical or online materials or information relating to the electoral process, including ballots.  When a designated language has more than one spoken dialect, the local election office or political subdivision must ascertain the dialects that are commonly used by members of the applicable language minority group in the jurisdiction and to provide oral assistance in such dialects.

      Under the bill, any aggrieved persons or organization whose membership includes aggrieved persons or members of a protected class, organization whose mission, in whole or in part, is to ensure voting access and such mission would be hindered by a violation of this bill, or the Attorney General may file an action pursuant to the bill in court.  The bill provides that any action or investigation to enforce any provision of this bill, the Attorney General would have the authority to take proof and determine relevant facts and to issue subpoenas in accordance with the civil and criminal laws of this State.

      The bill also establishes the “New Jersey Voting and Elections Institute,” at a public university in New Jersey, to maintain and administer a database and central repository of elections and voting data available to the public from all local election offices and political subdivisions in the State of New Jersey and to foster, pursue, and sponsor research on existing laws and best practices in voting and elections.

      The bill also contains a severability provision. If any section, subsection, paragraph, subparagraph, sentence, or other portion of the bill is for any reason held or declared by any court of competent jurisdiction to be unconstitutional or preempted by federal law, or the applicability of that portion to any person or facility is held invalid, the remainder of the bill would not thereby be deemed to be unconstitutional, preempted, or invalid.

      The purpose of this bill is to:

      (1)  encourage participation in the elective franchise by all eligible voters to the maximum extent;

      (2)  ensure that eligible voters who are members of racial, ethnic, and language minority groups have an equal opportunity to participate in the political processes of this State and exercise the elective franchise;

      (3)  improve the quality and availability of demographic and election data; and

      (4)  protect eligible voters against intimidation and deceptive practices.

      This bill would take effect immediately.

COMMITTEE AMENDMENTS:

      The committee amendments to this bill add definitions for a “covered entity” and a “covered policy.” “Covered entity” means any political subdivision subject to the preclearance program as determined by the criteria in section 13(c) of this Act. “Covered policy” means any new or modified voting qualification, prerequisite to voting, law, ordinance, standard, practice, procedure, regulation, or policy that relates to any voting and elections-related topics specified in section 13(b) of this Act.

      The amendments change references from “voters of race, color, and language minority groups” to refer to “members of protected classes.” The amendments also clarify that any final determination of the NJ Division of Civil Rights, a court approved consent decree, or any violation of State or federal election law against members of a protected class may be cause for subjecting a political subdivision to the bill’s preclearance procedures.

      The amendments provide that no laws passed by the State Legislature shall be facially invalidated based upon a challenge brought pursuant to the bill. The amendments also specify that any action brought under the terms of the bill we be in the Superior Court in Mercer County.

      The amendments provide that a covered entity must submit its at-large method of election and districting plans to the Attorney General for review and approval following a decennial census.

      The amendments also extend the timeframe for a political subdivision to enact a remedy to a potential violation identified in a notification letter from 90 days to 140 days.

      The amendments provide that poll monitors, when present at a polling site, may not speak with voters, but may speak with voters once they exit the poll site. Poll monitors may not film or photograph voters without their explicit consent.

      The amendments specify that when a designated language has more than one spoken dialect, the local election office or political subdivision must ascertain the dialects that are commonly used by members of the applicable language minority group in the jurisdiction and to provide oral assistance in such dialects.

      The amendments change the requirements that the New Jersey Voting and Elections Institute have two co-directors to specify that the Institute will have one or more directors.

      The amendments also make various other changes to clarify, add greater specificity, and make consistent the language used throughout.

      The bill also makes technical changes throughout the bill.