SENATE STATE GOVERNMENT, WAGERING, TOURISM & HISTORIC PRESERVATION COMMITTEE

STATEMENT TO

SENATE, No. 1636

with committee amendments

STATE OF NEW JERSEY

DATED:  MARCH 18, 2024

      The Senate State Government, Wagering, Tourism & Historic Preservation Committee reports favorably and with committee amendments Senate Bill No. 1636.

      As amended by the committee, this bill revises the Motor Vehicle Commission voter registration procedures.

     Section 1 of the bill, as amended by the committee, specifies that a person registers to vote by engaging in a voter registration transaction, as processed by a county commissioner of registration, pursuant to current law.

     Section 2 of the bill allows transfer of information on a newly registered voter received electronically by the MVC into the Statewide voter registration system.

     Section 3 of the bill directs the Division of Medical Assistance and Health Services to automatically transmit voter registration information to the Secretary of State for each person who applies to the New Jersey Medical Assistance and Health Services Program who is eligible to vote. As amended by the committee, the Department of Corrections, the Secretary of State, and the Motor Vehicle Commission must coordinate to ensure that eligible individuals scheduled to be released from incarceration imposed as a sentence for a crime and who are provided a non-driver identification card in anticipation of release are also provided voter registration opportunities as part of the application for such non-driver identification card. An otherwise eligible individual would not be registered to vote until the person’s release from incarceration, and the notices and procedures may be modified by the Secretary of State to allow for processing of registration information from an otherwise eligible person and to reflect that an otherwise eligible person must not be registered to vote until the person’s release from incarceration. The Secretary of State and the Department of Corrections must jointly ensure that no person is registered to vote until the person has been released from incarceration. The information received by the Secretary of State from the division and department does not require a digitized image of the applicant’s signature.

     Section 3 of the bill, as amended by the committee, also provides that voter registration records must be processed as complete registration records, despite the absence of a digitized image of the applicant’s signature, and a person whose registration record does not contain a digitized image of their signature must be identified as such in the statewide voter registration system. The Secretary of State must develop methods for obtaining a signature for those individuals, such as a signature for the individual if available from the Motor Vehicle Commission, allowing individuals to provide a signature through a mailing requesting a signature, uploading, or otherwise providing a signature electronically, providing a signature on a request for a mail-in ballot or a mail-in ballot envelope, and providing a signature at an early voting location or polling place. An individual whose registration record does not contain a digitized image of their signature would not be permitted to vote unless and until a signature is obtained for the individual by one of the methods specified by the Secretary of State. An individual providing their signature on a request for a mail-in ballot or a mail-in ballot envelope or at an early voting location or polling place prior to voting must also provide one of the forms of identification specified under current law or another form of identification specified by the Secretary of State.

     Section 4 of the bill changes to residence information are permitted to be received, processed, and updated by the MVC in addition to the commissioner, municipal clerk, or the Secretary of State for voter registration purposes.

     Section 5 of the bill changes to name information are permitted to be received and processed by the MVC for voter registration purposes.

     Section 6 of the bill directs the MVC to automatically transfer information to the Secretary of State about each person, except those in the Address Confidentiality Program, who approaches the MVC for a motor vehicle driver’s license or similar license who is not registered to vote, is of age, and is a citizen.  If the person is determined to be eligible to vote by the Secretary of State, the secretary will transmit the information to the appropriate county commissioner of registration who will register the person to vote and send a notice to the person by mail confirming the registration.  The notice will include a form with prepaid postage by which the person may declare a political party affiliation, request mail-in ballots until indicated otherwise, or decline to be registered to vote.

     Section 6 also requires that the notice will include the required information in English and Spanish, as well any additional language
which is the primary language of five percent or more of the registered voters in the county where the notice is mailed.

     Section 6 also removes the requirement that voter registration information from an application received online for the renewal of a motor vehicle driver's license or non-driver identification card will be collected and transmitted electronically to the Secretary of State upon the implementation by the Secretary of State of online voter registration.

     Section 6 also directs the MVC to transmit to the Secretary of State the applicant’s name and address for every application for a motor vehicle driver’s license, or similar license, and each related update, renewal, or change of address, by an applicant who is already registered to vote in the State of New Jersey for the purpose of maintaining current information on the applicant.  If the Secretary of State finds that the name or address provided by the MVC is different than the name or address on the voter’s registration record, the secretary will transmit the updated name or address to the appropriate county commissioner of registration.  A notice of the change and a postage paid preaddressed return form by which the person may verify or correct the information will be sent to the person.  If the person returns the notice and indicates that the change to the person’s registration record was an error, the appropriate county commissioner of registration will immediately correct the person’s previously updated information in the statewide voter registration system.

     Section 6, as amended by the committee, provides that nothing in this section would be construed to require the Motor Vehicle Commission to maintain or validate official records of voter registration. This section requires the Secretary of State and the Chief Administrator to jointly determine which documents acceptable for transactions demonstrate United States citizenship. This section specifies that a person would not be registered to vote until their information has been received and processed by a county commissioner of registration, provided that such registration will be deemed effective as of the date of the person’s application with the Motor Vehicle Commission. The voter registration application must require an applicant to either affirmatively select or affirmatively decline voter registration as a necessary condition to complete the application.

     Under section 9 of the bill, as amended by the committee, the bill would take effect on January 1, 2026.

      This bill was pre-filed for introduction in the 2024-2025 session pending technical review.  As reported, the bill includes the changes required by technical review, which has been performed.

COMMITTEE AMENDMENTS:

      The committee amendments:

      (1) in section 1, add language to specify that a person registers to vote by engaging in a voter registration transaction, as processed by a county commissioner of registration;

      (2) in section 3, provide that the Department of Corrections, the Secretary of State, and the Motor Vehicle Commission must coordinate to ensure that eligible individuals scheduled to be released from incarceration imposed as a sentence for a crime and who are provided a non-driver identification card in anticipation of release are also provided voter registration opportunities as part of the application for such non-driver identification card; that an otherwise eligible individual would not be registered to vote until the person’s release from incarceration, and that the notices and procedures may be modified by the Secretary of State to allow for processing of registration information from an otherwise eligible person and to reflect that an otherwise eligible person must not be registered to vote until the person’s release from incarceration; and require the Secretary of State and the Department of Corrections to jointly ensure that no person is registered to vote until the person has been released from incarceration;

      (3) in section 3, provide that voter registration records must be processed as complete registration records, despite the absence of a digitized image of the applicant’s signature, and a person whose registration record does not contain a digitized image of their signature must be identified as such in the statewide voter registration system; require the Secretary of State to develop methods for obtaining a signature for those individuals, such as a signature for the individual if available from the Motor Vehicle Commission, allowing individuals to provide a signature through a mailing requesting a signature, uploading, or otherwise providing a signature electronically, providing a signature on a request for a mail-in ballot or a mail-in ballot envelope, and providing a signature at an early voting location or polling place; that an individual whose registration record does not contain a digitized image of their signature would not be permitted to vote unless and until a signature is obtained for the individual by one of the methods specified by the Secretary of State; and specify that an individual providing their signature on a request for a mail-in ballot or a mail-in ballot envelope or at an early voting location or polling place prior to voting must also provide one of the forms of identification specified under current law or another form of identification specified by the Secretary of State;

      (4) in section 6, provide that nothing in this section would be construed to require the Motor Vehicle Commission to maintain or validate official records of voter registration; require the Secretary of State and the Chief Administrator to jointly determine which documents acceptable for transactions demonstrate United States citizenship; specify that a person would not be registered to vote until their information has been received and processed by a county commissioner of registration, provided that such registration will be deemed effective as of the date of the person’s application with the Motor Vehicle Commission; provide that the voter registration application must require an applicant to either affirmatively select or affirmatively decline voter registration as a necessary condition to complete the application; and

      (5) in section 9, provide for a January 1, 2026 effective date.