LEGISLATIVE FISCAL ESTIMATE
[Second Reprint]
ASSEMBLY COMMITTEE SUBSTITUTE FOR
ASSEMBLY, No. 1715
STATE OF NEW JERSEY
222nd LEGISLATURE
DATED: JUNE 11, 2026
SUMMARY
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Synopsis: |
Establishes “John R. Lewis Voter Empowerment Act of New Jersey”; appropriates $2.5 million. |
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Type of Impact: |
Annual expenditure increase to the State; annual local government expenditure and revenue increases. |
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Agencies Affected: |
Office of the Attorney General in the Department of Law and Public Safety; Department of State; the Judiciary; local governments. |
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Office of Legislative Services Estimate |
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Fiscal Impact |
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Year 1 |
Year 2 & Thereafter |
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State Expenditure Net Increase |
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At least $2.5 million |
Indeterminate |
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Local Government Expenditure Increase |
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Indeterminate |
Indeterminate |
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Local Government Revenue Increase |
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Indeterminate |
Indeterminate |
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· 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 Office of the Attorney General. The appropriation will also fund local government reimbursements for costs incurred regarding the language access requirements of the bill. The increase in responsibilities for the Office of the Attorney General will likely result in an increase in revenue and expenditures for 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 a centralized translation clearinghouse for ballot terminology and requiring the Office of the Attorney General to assist local governments with implementing language access requirements and to 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, and those meeting certain demographic criteria, will incur additional administrative costs under the preclearance process. However, if a local government relied upon the guidance of either the Division of Elections or the Office of the Attorney General in taking the challenged action, the local government will not be liable for compensatory or punitive damages.
· Some local governments may also incur indeterminate periodic revenues if the courts find the actions taken against them to be frivolous, unreasonable, or without foundation.
BILL DESCRIPTION
The 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 requires the Office of the Attorney General to oversee the implementation and enforcement of the bill’s provisions. Under the bill, the Office of the Attorney General will also continue to provide representation, advice, and guidance to any political subdivision or local election office that requests it, provided the Office of the Attorney General establishes appropriate protocols and screening procedures to protect against conflicts of interest.
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 a local government relied upon the guidance of either the Division of Elections or the Office of the Attorney General in taking the challenged action, the local government will not be liable for compensatory or punitive damages.
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 Office of the Attorney General to conduct a study every two years to determine whether additional political subdivisions should be subject to the 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 a centralized translation clearinghouse for ballot terminology to assist local governments with implementing language access requirements.
The bill appropriates $2.5 million to the Department of Law and Public Safety to implement this bill, including the costs of the 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 Office of the Attorney General. The appropriation will also fund local government reimbursements for costs incurred regarding the language access requirements of the bill.
The increase in responsibilities for the Office of the Attorney General will likely result in an increase in revenue and expenditures for 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 a centralized translation clearinghouse for ballot terminology and requiring the Office of the Attorney General to assist local governments with implementing language access requirements and to 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 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, and those meeting certain demographic criteria, will incur additional administrative costs under the preclearance process. However, if a local government relied upon the guidance of either the Division of Elections or the Office of the Attorney General in taking the challenged action, the local government will not be liable for compensatory or punitive damages.
Some local governments may also incur indeterminate periodic revenues if the courts find the actions taken against them to be frivolous, unreasonable, or without foundation. The extent to which local government expenditures and revenues will increase cannot be reliably estimated.
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Section: |
State Government |
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Analyst: |
Associate Fiscal Analyst |
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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.).