ASSEMBLY OVERSIGHT, REFORM AND FEDERAL RELATIONS COMMITTEE

STATEMENT TO

[First Reprint]

ASSEMBLY, No. 4083

with committee amendments

STATE OF NEW JERSEY

DATED:  JUNE 12, 2025

      The Assembly Oversight, Reform and Federal Relations Committee reports favorably and with committee amendments Assembly Bill No. 4083 (1R).

      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 establishes an independent Division of Voting Rights to oversee the implementation and enforcement of the bill’s provisions and all State election laws.

      The bill prohibits elections officials from prescribing or maintaining voting or elections policies and practices that 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 or practice that burdens the right to vote must be narrowly tailored to promote a compelling interest and supported by substantial evidence.  The bill provides criteria 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.  

      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 subdivision may pass an NJVEA resolution reaffirming:  (1) the political subdivision's intention to enact and implement a remedy for a potential violation; (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 90 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 Division of Voting Rights 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, as amended, the Division of Voting Rights is provided with certain preclearance powers.  The bill provides that if certain political subdivisions that have been the subject of a 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 Division of Voting Rights 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.  Counties and political subdivisions that meet certain criteria regarding the number of voters belonging to a protected class, voter participation, or poverty levels may additionally be subject to 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 Division of Voting Rights 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 Division of Voting Rights may file an action pursuant to the bill in court.  The bill provides that for any action or investigation to enforce any provision of this bill, the division 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 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.

COMMITTEE AMENDMENTS:

      These committee amendments establish an independent Division of Voting Rights in, but not of, the Department of the Treasury.  The division will be overseen by a director who will be appointed by the Governor with the advice and consent of the Senate for a term of six years.  The director will report annually to the Legislature on the work of the division.

      The amendments transfer responsibility for enforcing the provisions of the bill from the Attorney General to the newly established Division of Voting Rights and replace references to the Attorney General with references to the division throughout the bill.  The amendments also give the division the authority to enforce all existing provisions of the State’s election laws and provide that the Attorney General will no longer oversee criminal prosecutions arising under the State’s election laws or appear before a court hearing such matters on behalf of the State.

      The amendments repeal a provision of law which allocated funds to the Attorney General for purposes of enforcing the State’s election laws.

      The amendments remove a provision of the bill which would have established a violation any time a local government conducted a general or primary election on a date that did not align with a federal or State general or primary election, unless directed to do so by another law.

      Additionally, these amendments delete the definition of “alternative method of election” and add a definition for “method of election.”

      The amendments replace lists of specifically enumerated remedies for different violations under the bill with an authorization for courts to order such remedies as may be appropriate under the circumstances.  Such remedies may include those available in other jurisdictions and those proposed by the parties before the court.

      These amendments also provide that a person who initiates the process to put a political subdivision on notice of a violation, and the political subdivision enacts a remedy to the violation, such person may request reimbursement from the political subdivision for any expenses incurred, up to $50,000.  This cap will be adjusted annually for inflation.

      The amendments require that, when language assistance is required to be provided to a language-minority group, voting materials must be provided in translated physical copies, but allows for a local election office or political subdivision to also make such materials available online.  Where the designated language has multiple dialects, the local election office or political subdivision will be required to ascertain the most common dialects and to provide oral assistance in those dialects.

      The amendments direct the Speaker of the General Assembly and the President of the Senate to each select one of the two co-directors of the New Jersey Voting and Elections Institute established by the bill.

      Finally, the amendments allocate an initial $2.5 million to the Division of Voting Rights for purposes of implementing the bill’s provisions.