LEGISLATIVE FISCAL ESTIMATE

[First Reprint]

ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 1715

STATE OF NEW JERSEY

222nd LEGISLATURE

 

DATED: MARCH 26, 2026

 

 

SUMMARY

 

Synopsis:

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

Type of Impact:

Annual expenditure increase to the State; annual local government expenditure and revenue increases.

Agencies Affected:

Department of the Treasury; Department of State; the Judiciary; local governments.

 

 

Office of Legislative Services Estimate

Fiscal Impact

Year 1 

Year 2 & Thereafter

 

 

State Expenditure Net Increase

At least $2.5 million

Indeterminate

 

 

Local Government Expenditure Increase

Indeterminate

Indeterminate

 

 

Local Government Revenue Increase

Indeterminate

Indeterminate

 

 

 

·         The Office of Legislative Services (OLS) finds that the bill will result in an annual State expenditure increase of at least $2.5 million in the first year of implementation, followed by an indeterminate annual State expenditure increase thereafter.  The initial appropriation will fund the enforcement of 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 appropriation will also fund local government reimbursements for costs incurred regarding the language access requirements of the bill.  The establishment of the division will likely result in a decrease in revenue and expenditures for the Office of the Attorney General in the Department of Law and Public Safety.

·         State expenditures will also increase by an indeterminate amount due to requiring the Division of Elections to establish a publicly accessible elections database and the Division of Voting Rights to establish a centralized translation clearinghouse for ballot terminology to assist local governments with implementing language access requirements and conduct a study every two years to determine whether additional political subdivisions should be required to provide language access coverage to limited English proficient individuals.

·         Additional annual State costs beyond these implementation costs are 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.

·         The OLS estimates that local governments will incur periodic costs to provide language assistance to voters if it is not already provided. However, the bill provides for local governments to be reimbursed for such costs by the State. 

·         Some local governments will incur indeterminate periodic costs if found to have violated the bill’s provisions and 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.  However, some punitive costs may be paid by the State if the damages were awarded to a local government that relied upon the guidance of either the Division of Elections or the Division of Voting Rights.

 

 

BILL DESCRIPTION

 

      This bill provides certain protections regarding the right to vote in New Jersey.  It specifically safeguards voting rights for members of certain protected classes 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 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.  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 provides that if punitive damages are awarded to a local government which was relying upon the guidance of either the Division of Elections or the Division of Voting Rights, then the costs will be paid by the division that provided the guidance.

      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.  A county or municipality that incurs additional costs from the language access requirements in the bill can apply for reimbursement from the State for such costs.  The bill requires the State to adhere to this requirement if it produces or disseminates such materials on behalf of a local government unit.

      Additionally, the bill requires the Division of Voting Rights to conduct a study every two years to determine whether additional political subdivisions should be subject to requirements to provide language access to limited English proficient individuals.  The bill also requires the Division of Elections to create and maintain a publicly accessible elections database and requires the Division of Voting Rights to establish a centralized translation clearinghouse for ballot terminology to assist local governments with implementing language access requirements.

 

 

FISCAL ANALYSIS

 

EXECUTIVE BRANCH

 

      None received.

 

OFFICE OF LEGISLATIVE SERVICES

 

      The OLS finds that the bill will result in an annual State expenditure increase of at least $2.5 million for the first year of implementation of the bill’s provisions followed by an indeterminate annual State expenditure increase thereafter.  The initial appropriation will fund the enforcement of 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 appropriation will also fund local government reimbursements for costs incurred regarding the language access requirements of the bill.

      The OLS notes that a comparable unit, the Division on Civil Rights in the Department of Law and Public Safety, received an appropriation of $10.3 million in FY 2025 and FY 2026.  The division expended $8.4 million in FY 2024 and $10.2 million in FY 2025.

      The establishment of the Division of Voting Rights will likely result in a decrease in revenue and expenditures for the Office of the Attorney General in the Department of Law and Public Safety.

      State expenditures will also increase by an indeterminate amount due to requiring the Division of Elections to establish a publicly accessible elections database and the Division of Voting Rights to establish a centralized translation clearinghouse for ballot terminology to assist local governments with implementing language access requirements and conduct a study every two years to determine whether additional political subdivisions should be required to provide language access coverage to limited English proficient individuals.

      Additional annual State costs beyond these implementation costs are 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.

      Furthermore, the OLS finds that local governments will experience an indeterminate increase in expenditures, but the extent to which local government expenditures will increase cannot be reliably estimated.  Under the bill, local governments will incur periodic costs to provide language assistance to voters if it is not already provided. However, local governments will receive reimbursements for these costs from the State. 

      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.  However, some punitive costs may be paid by the State if the damages were awarded to a local government that relied upon the guidance of either the Division of Elections or the Division of Voting Rights.  The extent to which local government expenditures will increase cannot be reliably estimated.

 

Section:

State Government

Analyst:

Camryn Mathews

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.).