SENATE JUDICIARY COMMITTEE
STATEMENT TO
[First Reprint]
ASSEMBLY COMMITTEE SUBSTITUTE FOR
ASSEMBLY, No. 1715
with committee amendments
STATE OF NEW JERSEY
DATED: MAY 21, 2026
The Senate Judiciary Committee reports favorably and with committee amendments the Assembly Committee Substitute for Assembly Bill No. 1715 (1R).
As amended by the committee, this bill 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.
The Attorney General is tasked with overseeing the implementation and enforcement of the bill’s provisions. The Attorney General will still be authorized to provide guidance to local election officials as to their legal requirements and defend State election law, but must adopt internal policies and procedures to screen for potential conflicts between these responsibilities.
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 Attorney General 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 Attorney General is provided with certain preclearance powers. Preclearance is the process of reviewing an election-related policy, procedure, or practice prior to its implementation.
The bill provides that political subdivisions that have, in the prior 15 years, been the subject of a court order or government enforcement action alleging discrimination against a protected class in violation of the bill, the federal Voting Rights Act of 1965, the 15th amendment to the United States Constitution, or a voting-related violation of the 14th amendment to the United States Constitution, are subject to preclearance. 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 Attorney General 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 Attorney General. Covered entities must also submit their at-large method of election and districting plans to the Attorney General 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 State, county, or local public office, if: (1) more than two percent, but in no instance fewer than 100 individuals, of citizens of voting age of a political subdivision that speak a particular shared language other than English and are limited English proficient; or (2) more than 4,000 of citizens of voting age of a political subdivision that speak a particular shared language other than English and are limited English proficient.
The bill requires the Attorney General 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 Attorney General 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 Attorney General 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.
As amended and reported by the committee, the Assembly Committee Substitute for Assembly Bill No. 1715 (1R) is identical to the committee substitute for Senate Bill No. 282, which was also reported by the committee on this date.
COMMITTEE AMENDMENTS:
The committee amendments:
§ remove all references to the Division of Voting Rights, which would have been established under the bill, and instead provide that the Attorney General will enforce the bill’s provisions;
§ clarify that the Attorney General will continue to provide representation, advice, and guidance to any political subdivision or local election office that requests it, provided the Attorney General establishes appropriate protocols and screening procedures to protect against conflicts of interest;
§ modify the definition of “deceptive or fraudulent device, contrivance, or communication” to add an intent element;
§ modify the definition of “limited English proficient” to conform with current State law governing the provision of translated vital documents;
§ remove a reference to the federal Voting Rights Act and speakers of the Arabic language from the definition of “protected class;”
§ specify that a government entity’s burden to meet strict scrutiny would apply after a plaintiff has demonstrated that the entity’s action has resulted in an enumerated harm;
§ remove “lack of responsiveness of government officials” as a factor that can be used to establish a violation of the bill;
§ remove provisions which would have enumerated seven factors that a court would be prohibited from considering in determining whether a violation has occurred;
§ remove language allowing courts to consider any remedies available to a federal court or a court of “another jurisdiction,” or remedies proposed by “interested non-parties,” and instead allow courts to consider remedies proposed by amici curiae (friends of the court), in addition to remedies proposed by the parties;
§ add sex, sexual orientation, and gender identity or expression to the list of identifiable characteristics that voter qualifications cannot be based on;
§ provide that the enhanced notice and hearing requirements for local redistricting apply only to “covered entities” subject to preclearance, rather than any entities that receive an NJVEA notification letter or notice of a lawsuit under the federal VRA;
§ delete certain enumerated circumstances under which a party may bring a cause of action without first following the NJVEA process;
§ provide that, when a party brings a cause of action for a violation of the bill, any consultation between the political subdivision and the county clerk, county board of elections, commissioner of registration, or county superintendent of elections will be limited to the logistical and operational feasibility of a proposed remedy, and that this provision would not be construed to create liability or enforcement responsibility, or confer policy-making authority on the county clerk, county board of elections, commissioner of registration, or county superintendent of elections, for decisions made or remedies proposed or implemented by a political subdivision;
§ clarify that the population thresholds triggering language access requirements in the bill apply to “citizens of voting age,” and not “eligible voters,” consistent with the federal Voting Rights Act;
§ provide that a local election office or political subdivision may file an action against the State for a declaratory judgment permitting the provision of materials that do not meet the language access standard defined in the bill or English-only materials;
§ require the Division of Elections in the Department of State to establish a clearinghouse for the translation of common terminology utilized on election ballots, voter registration forms, and other essential voting-related materials;
§ modify the definition of “covered entity” to:
o remove the possibility that the “lookback” period for previous court orders, government enforcement actions, final determinations, court-approved consent decrees, and other settlements based on civil rights and voting rights violations be extended to 30 years;
o for counties, provide that both the criteria concerning population and the criteria concerning arrest rates must be met for the county to be considered a covered entity; and
o for any political subdivision, provide that both the criteria concerning population and the criteria concerning voter participation rates must be met for the political subdivision to be considered a covered entity;
§ provide that a covered entity may temporarily implement a covered policy without receiving prior preclearance if the Governor has declared a state of emergency, or if the Secretary of State determines that a state of emergency exists that would otherwise interfere with the efficient administration of an election, and that the policy may remain in effect until the state of emergency is no longer in effect;
§ provide 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 reliance upon written guidance, advisory opinions, or directives issued by the Division of Elections or the Attorney General;
§ delete language that would have provided that, in any action alleging a violation in which a plaintiff party seeks preliminary relief with respect to an upcoming election, the court would grant relief if it determines that: (1) plaintiffs are more likely than not to succeed on the merits; and (2) it is possible to implement an appropriate remedy that would resolve the alleged violation in the upcoming election;
§ provide that prevailing defendant parties will have the right to recover costs if the court finds the action to be frivolous, unreasonable, or without foundation; and
§ make other clarifying and technical changes.