LEGISLATIVE FISCAL ESTIMATE
[Third Reprint]
ASSEMBLY COMMITTEE SUBSTITUTE FOR
ASSEMBLY, No. 1715
STATE OF NEW JERSEY
222nd LEGISLATURE
DATED: JULY 2, 2026
SUMMARY
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Synopsis: |
Establishes “John R. Lewis Voter Empowerment Act of New Jersey.”
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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: |
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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Annual |
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State Expenditure Increase |
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Indeterminate |
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Local Government Expenditure Increase |
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Indeterminate |
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Local Government Revenue Increase |
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Indeterminate |
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· The Office of Legislative Services (OLS) finds that the bill will result in annual indeterminate State expenditure increases to fund the enforcement of voting rights in the State, administer the preclearance process by the Office of the Attorney General, and provide local government reimbursements for costs incurred regarding the language access requirements of the bill. The increase in responsibilities for the Division on Civil Rights in the Department of Law and Public Safety 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.
· 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.
· 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 found to have violated the voting rights of a protected class going forward, and those meeting certain demographic criteria, will incur additional administrative costs under the preclearance process. However, no compensatory or punitive damages will be awarded against a political subdivision or local election office if the challenged action was taken in good faith.
· 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 Division on Civil Rights in the Department of Law and Public Safety 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 an appropriate firewall and safeguards 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. The Department of the Treasury will adjust the $50,000 cap biennially in proportion to the percent change in the Consumer Price Index over a 24-month period. Any adjustment will become effective in January of an odd-numbered year for the two calendar years following the determination and will not exceed a 2 percent increase.
In addition, the bill provides that no compensatory or punitive damages will be awarded against a political subdivision or local election office where the challenged action was taken in good faith.
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. The bill requires the State to adhere to this requirement if it produces or disseminates such materials on behalf of a local government unit.
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. Furthermore, the bill requires the division to establish and maintain a publicly accessible Internet database to serve as a centralized source of election information and data for the public.
Under the bill, the Office of the Attorney General may also engage in public education efforts as necessary to inform the voting eligible population of their voting rights under the bill, subject to available funds.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS finds that the bill will result in annual indeterminate State expenditure increases to fund the enforcement of voting rights in the State, administer the preclearance process by the Office of the Attorney General, and provide local government reimbursements for costs incurred regarding the language access requirements of the bill. The increase in responsibilities for the Division on Civil Rights 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.
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. The OLS anticipates that, to the extent local governments incur additional costs as a result of the bill’s language access provisions, such costs will be reimbursed 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 found to have violated the voting rights of a protected class going forward, and those meeting certain demographic criteria, will incur additional administrative costs under the preclearance process. However, no compensatory or punitive damages will be awarded against a political subdivision or local election office if the challenged action was taken in good faith.
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: |
Anna Harris 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.).