ASSEMBLY STATE AND LOCAL GOVERNMENT COMMITTEE

STATEMENT TO

ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 1715

STATE OF NEW JERSEY

DATED: FEBRUARY 19, 2026

      The Assembly State and Local Government Committee reports favorably an Assembly Committee Substitute for Assembly Bill No. 1715.

      This Assembly committee substitute 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 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. 

      Under current law, the State’s Attorney General is tasked with enforcing the State’s elections laws and pursuing civil or criminal penalties for violations of such laws.  This bill precludes the Attorney General from acting in this capacity in the future, and instead establishes an independent Division of Voting Rights to oversee the implementation and enforcement of the bill’s provisions and all State election laws.

      If a violation of the provisions of the bill occurs, the bill provides a remedy process, including for county and municipal 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 affirming:  (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 140 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 affirming 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, the Division of Voting Rights is provided with certain preclearance powers.  The bill provides that 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, a voting-related violation of the 14th amendment to the United States Constitution, they 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 on 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, arrest rates within the jurisdiction, or certain percentages of voter participation in elections within the jurisdiction may additionally be subject to preclearance procedures.

      The bill requires that covered entities seek approval from the Division of Voting Rights prior to adopting or implementing any changes to voting procedures or qualifications within the jurisdiction.  This includes voter registration and the maintenance of voter rolls, dates and methods of an election, assignment of election districts, early voting locations and polling place hours, and additional topics as designated by the Division of Voting Rights.  Covered entities must also submit their at-large method of election and districting plans to the Division of Voting Rights for review and approval following a federal decennial census.

      The bill provides for 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 based on data from the United States Census Bureau American Community Survey, or data of comparable quality collected by a public office, if: (1) more than two percent, but in no instance fewer than 100 individuals, of 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 requires the Division of Voting Rights to conduct a study every two years to determine whether additional political subdivisions should be required to provide language assistance to additional language minority groups.

      The bill further provides that a local election office or political subdivision required to provide language assistance to a particular language-minority group 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 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, any 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’s provisions in court.  Upon a finding that a violation of the bill’s provisions has occurred, a court may order any remedy necessary to cure the violation, including remedies ordinarily available, remedies submitted to the court for consideration by the parties, or any interested non-party, and remedies which are otherwise contrary to law.

      The bill also provides that for any action or investigation to enforce any provision of this bill, the Division of Voting Rights 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.

      Lastly, the bill requires the creation of a publicly accessible elections database to be maintained by the Division of Elections in the Department of State.

      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.