A 1715

[Third Reprint]
ASSEMBLY COMMITTEE SUBSTITUTE FOR
ASSEMBLY, No. 1715
STATE OF NEW JERSEY
222nd LEGISLATURE
� ADOPTED
FEBRUARY 19, 2026
Sponsored
by:
Assemblywoman�
VERLINA REYNOLDS-JACKSON
District 15
(Hunterdon and Mercer)
Senator�
SHIRLEY K. TURNER
District 15
(Hunterdon and Mercer)
Senator�
JOSEPH P. CRYAN
District 20
(Union)
Senator�
NICHOLAS P. SCUTARI
District 22
(Somerset and Union)
Co-Sponsored
by:
Assemblyman
Sampson, Assemblywoman Speight, Assemblyman Spearman, Assemblywomen Tucker,
Carter, Assemblymen Verrelli, Venezia, Assemblywomen McCoy, Drulis, Assemblyman
Danielsen, Assemblywomen Haider, Quijano, Assemblyman Schnall, Assemblywomen
Park, Bagolie, Assemblyman Tully, Assemblywoman Swain, Assemblymen Schaer,
Egan, Calabrese, Assemblywomen Collazos-Gill, Morales, Assemblymen Stanley,
Karabinchak, Miller, Freiman, Assemblywoman Kane, Assemblyman Singh,
Assemblywoman Lopez, Assemblymen Abdelaziz, Greenwald, DeAngelo, Stewart, Moen,
Assemblywomen Sweeney, Brennan, Assemblyman Onyema, Assemblywoman Rowan,
Assemblymen Walker, Bhalla, Wainstein, G.Rodriguez, Senators McKnight, Zwicker,
Burgess, Mukherji, Greenstein, McKeon, Singleton, Diegnan, Wimberly,
Timberlake, Johnson, Stack, Gopal, B.Smith, Moriarty, Ruiz and Cruz-Perez
SYNOPSIS
���� Establishes �John R. Lewis Voter Empowerment Act of New
Jersey.�
CURRENT VERSION OF TEXT
���� As reported by the Senate Budget and Appropriations
Committee on June 28, 2026, with amendments.
An Act establishing the �John R.
Lewis Voter Empowerment Act of New Jersey,� 3and3 supplementing
Title 19 of the Revised Statutes 3[,]3 1[and]1 2[repealing
R.S.19:43-51,]2 3[and making
an appropriation1]3.
���� Be It Enacted by the Senate and General Assembly of the State of New Jersey:
���� 1.� This act shall be known
and may be cited as the �John R. Lewis Voter Empowerment Act of New Jersey.�
���� 2.� a.� In recognition of the
protections for the right to vote provided by the Constitution of the United
States, the Constitution of the State of New Jersey, and under the laws of New
Jersey, and in conjunction with the constitutional guarantees of equal
protection, freedom of expression, and freedom of association under the law and
against the denial or abridgement of the voting rights of members of protected
classes, including a race, color, or language-minority group, it is the public
policy of the State of New Jersey to:
���� (1)� encourage participation
in the elective franchise by all eligible voters to the maximum extent; and
���� (2)� ensure that eligible
voters who are members of protected classes, including racial, color, and
language-minority groups shall have an equal opportunity to participate in the
political processes of the State of New Jersey, and especially to exercise the
elective franchise.
���� b.� In further recognition of
the protections for the right to vote provided by the Constitution of the State
of New Jersey, any provision of State law, regulation, charter, home rule
ordinance, or other enactment of the State or any political subdivision
relating to the right to vote shall be construed liberally in favor of the
factors listed below. To the extent courts are afforded discretion on any
issue, including but not limited to with respect to questions of discovery,
procedure, admissibility of evidence, or remedies, it is the policy of the
State that courts should exercise that discretion, and weigh other equitable
discretion, in favor of the following factors:
���� (1)� protecting the right to
cast a ballot and make the ballot valid;
���� (2)� ensuring eligible
individuals seeking voter registration are not impaired in being registered;
���� (3)� ensuring voters 3[are not
impaired in voting, including, but not limited to having their votes counted] do not
face unlawful discrimination in voting3;
���� (4)� making the fundamental
right to vote more accessible to eligible voters; and
���� (5)� ensuring equitable access
for protected class members to opportunities to be registered to vote and to
vote.
���� 3.� As used in this act,
P.L.��� , c.���� (C.������ ) (pending before the Legislature as this bill):
���� �Covered entity� means any
political subdivision subject to the preclearance program as determined by the
criteria established in subsection c. of section 13 of this act, P.L.��� ,
c.��� (C.���� ) (pending before the Legislature as this bill), except that the
New Jersey Redistricting Commission, established pursuant to Article II,
Section II of the New Jersey Constitution, and the Apportionment Commission,
established pursuant to Article IV, Section III of the New Jersey Constitution,
shall not be considered covered entities.
���� �Covered policy� means any new
or modified voting qualification, prerequisite to voting, law, ordinance,
standard, practice, procedure, regulation, or policy that relates to any voting
or elections-related topics as specified in subsection b. of section 13 of this
act,
P.L.    , c.    (C.    ) (pending
before the Legislature as this bill).
���� �Deceptive or fraudulent
device, contrivance, or communication� means a device, contrivance, or
communication that contains 3[2intentionally2]3
false information pertaining to:
���� (1)� the time, place, and
manner of any election;
���� (2)� the qualifications or
restrictions on voter eligibility for such election; or
���� (3)� a statement of
endorsement by any specifically named person, political party, or organization.
���� �Disparity� means any variance
that is supported by validated methodologies and, where relevant, is
statistically significant.
���� 2[�Division�
means the Division of Voting Rights in, but not of, the Department of the
Treasury, as established pursuant to section 4 of P.L.��� , c.��� (C.������� )
(pending before the Legislature as this bill).]2
���� �Federal voting rights act�
means the federal Voting Rights Act of 1965, 52 U.S.C. s.10301 et seq., as
amended.
���� �Government enforcement
action� means 3an
enforcement action taken by the Attorney General in response to the
implementation of a covered policy, by a covered entity, despite3 a
denial of preclearance 3[2,2] ;3
litigation filed by a federal or State or local entity 3[,] ;3 a final
judgment or adjudication 3[,] ;3 a
consent decree 3[,] ;3 or
similar formal action.
���� �Limited English proficient�
means 2[individuals
who do not speak English as their primary language and who speak or understand] that a
person speaks, reads, writes, or understands2 the English language less
than �very well,� in accordance with United States Census Bureau data or data
of comparable quality collected by a governmental entity, including as
self-reported by that person to a governmental entity.
���� �Local election office� means
the offices of the county or municipal clerk, county board of elections,
commissioner of registration, or superintendent of elections.
���� �Method of election� means the
manner or mechanism by which candidates are elected to a governmental body of a
political subdivision, including but not limited to, at-large and
district-based methods and any districting or redistricting plan used to elect
candidates to the governmental body.
���� �Political subdivision� means
a local unit of representation created for the provision of government services
in a geographic area, including, but not limited to, a county, municipality,
city, town, township, village, borough, school district, or any other district
organized pursuant to State or local law.
���� �Preclearance� means the
process of obtaining prior approval from the 2[division or a court of this State
of] Attorney
General for2
any covered policy of a covered entity, as defined under section 13 of this
act, P.L.��� , c.���� (C.������� ) (pending before the Legislature as this
bill).
���� �Protected class� means a
class of individuals who are members of a racial, color, or language-minority
group, or two or more such groups and includes individuals who are members of a
racial, color, or language-minority group 2[as that term has been interpreted
under the federal Voting Rights Act, and also including speakers of the Arabic
language]2.�
���� �Racially polarized voting�
means voting in which there is a divergence between the political preferences
or electoral choice of members in a protected class and the political
preferences or electoral choice of other electors.
���� 2[4. a.� There
is established in, but not of, the Department of the Treasury, a Division of
Voting Rights.� The division shall be independent of any supervision or control
by the State Treasurer or the department, or by any division, board, or other
officer thereof.
���� Notwithstanding the provisions
of any other law, rule, or regulation to the contrary, the division shall be
charged with and responsible for enforcing the provisions of this act, P.L.    , c.    (C.        ) (pending
before the Legislature as this bill), as well as the provisions of any other
law or regulation concerning voting rights in this State.� The division shall
have general jurisdiction and authority for such purposes, and may undertake
any action that may be necessary to carry out such responsibilities, including,
but not limited to:
���� (1) �conducting investigations
and issuing subpoenas pursuant to sections 16 and 17 of P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill);
���� (2)� initiating studies,
conducting research, and issuing reports on elections and voting rights, and
producing and disseminating guidance on any matters that fall within the
division�s purview;
���� (3)� promulgating rules or
regulations related to voting rights;
���� (4)� litigating cases on
behalf of individuals or the public; and
���� (5)� representing the public
interest by appearing before any federal court or governmental body that holds
proceedings related to voting rights.
���� b.��� The division shall also
issue, at the request of a covered entity, advisory opinions concerning current
or proposed policies or procedures related to elections and voting rights, and
whether such policies or procedures comply with the provisions of this act.
���� c.��� (1)� The Governor shall
appoint a director of the Division of Voting Rights with the advice and consent
of the Senate.� The director shall be an attorney-at-law licensed to practice
in this State, with demonstrated education, training, or prior experience in
elections administration or voting rights, and shall serve as the head of the
Division of Voting Rights.� Notwithstanding the provisions of the Criminal
Justice Act of 1970, P.L.1970, c.74 (C.52:17B-97 et seq.), P.L.1944, c.20
(C.52:17A-1 et seq.), or any other law, rule, or regulation to the contrary,
the director shall be the chief enforcement officer and authority on all civil
and criminal violations arising under the provisions of this act or Title 19 of
the Revised Statutes, except for any violations arising under the New Jersey
Campaign Contributions and Expenditures Reporting Act, P.L.1973, c.83
(C.19:44A-1 et seq.).
���� (2)� The director shall hold
the office for a term of six years and until reappointed or the appointment of
a qualified successor.� No person shall be appointed to more than two
consecutive terms as director, including an appointment to fill an unexpired
term, but may be appointed to more than two nonconsecutive terms.
���� (3)� Any vacancy in the
office, howsoever caused, shall be filled in the same manner as the original
appointment, within 90 days of the occurrence of the vacancy.� A vacancy due to
cause other than the expiration of the term shall be filled for the unexpired term
only.
���� (4) �The director shall devote
full time to the duties and responsibilities of the office and shall receive a
salary as shall be provided pursuant to law.
���� (5) �The director shall report
directly to the Governor.� The director shall not be subject to Title 11A,
Civil Service, of the New Jersey Statutes, and may be removed only by the
Governor for cause, including, but not limited to, neglect of duty, misconduct,
or the inability to perform duties, upon notice and opportunity to be heard.
���� d.��� The director may:
���� (1)� appoint such clerical
staff, attorneys, and employees as necessary and fix their duties, all of whom
shall be subject to Title 11A, Civil Service, of the New Jersey Statutes;
���� (2)� maintain liaison with
local and State officials and agencies concerned with matters related to the
work of the division; and
���� (3)� conduct investigations,
receive complaints, and conduct hearings thereon.
���� e.��� At least once annually,
the director, or a designee, shall present to the Legislature on the division�s
performance, including any new policies, rules, or changes in procedures or
processes established by the division, and provide a summary of actions taken
to enforce the provisions of this act during the preceding calendar year.� The
director, or a designee, shall answer any questions and provide any information
requested by the Legislature.]2
���� 24.�� a.�
The Attorney General of New Jersey shall be responsible for enforcing the
provisions of this act, P.L.��� , c.��� (C.����� ) (pending before the
Legislature as this bill), and shall 3designate
the Division on Civil Rights to3
have general jurisdiction and authority for such purposes.� The Attorney
General may undertake any action that may be necessary to carry out the
responsibilities assigned by this act, including, but not limited to:
���� (1)� conducting
investigations and issuing subpoenas pursuant to sections 16 and 17 of P.L.���
, c.��� (C.������ �and C.��� , respectively) (pending before the Legislature as
this bill);
���� (2)� initiating studies,
conducting research, and issuing reports on elections and voting rights, and
producing and disseminating guidance on any matters that fall within the 3[division�s]3 purview
3of
this act, P.L.��� , c.��� (C.������ ) (pending before the Legislature as this
bill)3
;
���� (3)� promulgating rules or
regulations related to voting rights;
���� (4)� litigating cases on
behalf of individuals or the public; and
���� (5)� representing the
public interest by appearing before any federal court or governmental body that
holds proceedings related to voting rights.
���� b.��� 3[The
Attorney General shall also issue, at the request of a covered entity, advisory
opinions concerning current or proposed policies or procedures related to
elections and voting rights, and whether such policies or procedures comply
with the provisions of this act.
���� c.��� At least once
annually, at the request of each House, the Attorney General, or a designee,
shall present to one or more appropriate committees in each House of the
Legislature concerning the implementation and enforcement of this act,
including any new policies, rules, or changes in procedures or processes, and
provide a summary of actions taken to enforce the provisions of this act during
the preceding calendar year.� The respective committees shall report the
findings from such presentation to the whole House.
���� d.]3� Nothing
in this act, P.L.��� , c.��� (C.����� ) (pending before the Legislature as this
bill), shall be construed to limit the Attorney General from providing
representation, advice, or guidance to any political subdivision or local
election office that requests it; provided that 3[any
attorney, investigator, or employee of the Department of Law and Public Safety
that is assigned to provide such representation, advice, or guidance shall not
also participate in any investigation, enforcement action, decision-making
process, or litigation undertaken by the Attorney General in accordance with
this act.� The Attorney General shall establish internal screening procedures
to ensure compliance with this section, and such other policies and procedures] the
Attorney General maintains a firewall and any additional safeguards3 as
may be necessary to avoid any actual or perceived conflicts of interest 3and
preserves the independence of voting rights enforcement functions3 .2
���� 5.��� a.� Concerning voter
suppression, no voting qualification, prerequisite to voting, law, ordinance,
standard, practice, procedure, regulation, or policy shall be enacted or
implemented by any State agency, local election office, or political
subdivision in a manner that results in a denial or abridgement of the right of
members of a protected class to vote. This section shall apply to any action to
enact or seek to administer any such voting qualification, prerequisite to
voting, law, ordinance, standard, practice, procedure, regulation, or policy;
however, no such law passed by the State Legislature in accordance with Article
IV, Section IV, paragraph 6 of the State Constitution shall be facially
invalidated pursuant to any provision of this act.
���� b.��� A political subdivision 2,
local election office,2
or State agency shall not take any action 3[or fail to take any action]3,
including implementing, imposing, or enforcing any qualification for
eligibility to be an elector, any other prerequisite to voting, or any law,
ordinance, regulation, standard, practice, procedure, or policy regarding the
administration of elections, or take any other action 3[or fail to
take any other action]3
that results in, will result in, or is intended to result in, either of the
following:
���� (1) a material disparity in
access to voting opportunities, or the opportunity or ability to participate in
the political process 2,2 between
members of a protected class and other members of the electorate; or
���� (2)� based on the totality of
the circumstances, an impairment of the opportunity or ability of a protected
class member to participate in the political process.
���� c.��� 2[Except for the
circumstances enumerated under subsection c. of this section, there shall be no
violation under subsection a. of this section if] If a plaintiff establishes
that an action 3[or inaction]3 results
in, or will result in, either of the conditions set forth in paragraph (1) or
(2) of subsection b. of this section, but2 the political subdivision 2,
local election office, or State agency2 can 3[demonstrate by
clear and convincing evidence that the action or inaction is narrowly tailored
to further a compelling governmental interest and there is no alternative that
results in a smaller disparity between members of a protected class and other
members of the electorate]
show that the action is justified by a compelling State interest3 2,
then there shall be no violation under this section2.
���� d.��� Notwithstanding
subsection c. of this section, a violation shall always exist under paragraph
(1) of subsection b. of this section if a political subdivision took action
that was intended to result in a material disparity in access to voting
opportunities, or the opportunity or ability to participate in the political
process 2,2 between
members of a protected class and other members of the electorate.
���� 6.��� a. Concerning vote
dilution, no local election office or political subdivision shall employ any
method of election for any office that has the effect, or is motivated in part
by the intent, of impairing the equal opportunity or ability of protected class
members to participate in the political process by diluting the ability to (1)
elect candidates of their choice or (2) influence the outcome of elections.
���� b.��� A violation of
subsection a. of this section shall be established upon a showing that:
���� (1) Elections in the local
election office or political subdivision exhibit racially polarized voting,
resulting in an impairment of the equal opportunity or ability of protected
class members to nominate or elect candidates of their choice or influence the
outcome of elections, or, based on the totality of the circumstances, the equal
opportunity or ability of members of a protected class to nominate or elect
candidates of their choice or influence the outcome of elections is impaired;
and
���� (2)� One or more 3[new] alternative3 methods
of election or modifications to the existing method of election exist 2[that the court
could order pursuant to section 8 of this act, P.L.    , c.     (C.       ) (pending
before the Legislature as this bill),]2
and would likely mitigate the impairment of the equal opportunity or ability of
protected class members to nominate or elect candidates of their choice or to
influence the outcome of elections. To the extent that the new method of
election or modification is a proposed district-based plan that provides
members of a protected class with one or more reasonably configured districts
in which they would have an equal opportunity or ability to nominate or elect
candidates of their choice or influence the outcome of elections, it shall not
be necessary to show that members of a protected class comprise a majority in
any such district or districts.
���� c.��� To determine whether
elections in the political subdivision exhibit racially polarized voting:
���� (1)� A court of competent
jurisdiction shall consider analysis of relevant election results, which may
include, but need not be limited to, elections for offices of the political
subdivision; elections held in the political subdivision for other offices,
such as State or federal offices; ballot measures; and other electoral choices
that bear on the rights and privileges of the protected class.
���� (a)� No set number or
combination of elections shall be required to establish the existence of
racially polarized voting.
���� (b)� Evidence of non-polarized
voting in elections for offices outside the political subdivision shall not
preclude a finding of racially polarized voting based on elections for offices
of the political subdivision.
���� (c)� Non-statistical or
non-quantitative evidence shall not preclude a finding of racially polarized
voting based on quantitative or statistical evidence.
���� (d)� Low turnout or
registration rates among members of a protected class shall not preclude a
finding of racially polarized voting.
���� (2)� The presence of racially
polarized voting shall be assessed based only on the combined electoral
preferences of the racial, color, or language-minority groups comprising the
protected class as defined in the complaint. There shall be no requirement to
show that each group or any subgroup within a protected class is separately
polarized from other voters.
���� (3)� The causes of or reasons
for racially polarized voting, including partisan explanations or
discriminatory intent, shall not be considered.
���� 7.� a.� In determining
whether, under the totality of the circumstances, a violation of sections 5 and
6 of this act,
P.L.    , c.     (C.
and C.������� , respectively) (pending before the Legislature as this bill),
has occurred, factors that may be considered shall include, but not be limited
to:
���� (1)� the history of
discrimination in or affecting the political subdivision or geographic region
in which that political subdivision is located;
���� (2)� the extent to which
members of the protected class have been elected to office in the political
subdivision or geographic region in which that political subdivision is
located;
���� (3)� the use of any voting
qualification, prerequisite to voting, law, ordinance, standard, practice,
procedure, regulation, or policy that may enhance the dilutive effects of the
election scheme;
���� (4)� denying eligible voters
or candidates who are members of the protected class access to processes
determining which groups of candidates receive access to the ballot, financial
support, or other support in a given election;
���� (5)� the extent to which
members of a protected class vote at lower rates than other members of the
electorate;
���� (6)� the extent to which
members of the protected class are disadvantaged in areas that may hinder their
ability to participate effectively in the political process, including, but not
limited to, accessibility, education, employment, health, public safety,
housing, land use, involvement with the criminal justice system, access to
information in their native language, or environmental protection;
���� (7)� the use of overt or
subtle racial appeals in political campaigns or by government officials; 3[2and2]3
���� (8)� 2[a significant
lack of responsiveness on the part of elected officials to the particularized
needs of members of the protected class; and
���� (9)]2� whether the
political subdivision has a compelling policy justification that is
substantiated and supported by evidence for adopting or maintaining a
particular process of the election or the voting qualification, prerequisite to
voting, law, ordinance, standard, practice, procedure, regulation, or policy 3; and
���� (9)� a significant lack of
responsiveness on the part of elected officials to the particularized needs of
members of the protected class3.
���� b.� Evidence of these factors
shall be most probative if the evidence relates to the political subdivision in
which the alleged violation occurred, but shall still hold probative value if
the evidence relates to the geographic region in which that political
subdivision is located or to this State.
���� c.� Nothing in this section
shall preclude any additional factors from being considered, nor shall any one
factor, combination of factors, or specified number of factors be required to
determine that a violation of section 5 or 6 of this act, P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill) has occurred.
���� 2[d.� In
determining whether a violation of section 5 or 6 of this act,
P.L.    , c.     (C.
and C.������� , respectively) (pending before the Legislature as this bill),
has occurred, a court shall not consider any of the following factors:
���� (1)� the total number or share
of members of a protected class on whom a challenged method of election,
ordinance, resolution, rule, policy, standard, regulation, procedure, or law
does not impose a material burden;
���� (2)� the degree to which the
challenged method of election, ordinance, resolution, rule, policy, standard,
regulation, procedure, or law has a long pedigree or was in widespread use at
some earlier date;
���� (3)� the use of an identical
or similar challenged method of election, ordinance, resolution, rule, policy,
standard, regulation, procedure, or law in another political subdivision;
���� (4)� the availability of other
forms of voting un-impacted by the challenged method of election, ordinance,
resolution, rule, policy, standard, regulation, procedure, or law to all
members of the electorate, including members of the protected class;
���� (5)� a prophylactic impact on
potential criminal activity by individual electors, if those crimes have not
occurred in the political subdivision in substantial numbers, or if the
connection between the challenged policy and any claimed prophylactic effect is
not supported by substantial evidence;
���� (6)� mere invocation of
interests in voter confidence or prevention of fraud; or
���� (7)� a lack of evidence
concerning the intent of electors, elected officials, or public officials to
discriminate against protected class� members.]2
���� 8.� Upon a finding of a
violation of any of the provisions of this act, P.L.��� , c.��� (C.������� )
(pending before the Legislature as this bill), a court shall order any remedy
which may be appropriate under the circumstances, and, if necessary to cure a
violation of this act, may order 3[a remedy
notwithstanding any other law to the contrary]
one or more remedies that may be inconsistent with other laws relating to
the conduct of elections, if such inconsistent laws would otherwise preclude
the court from ordering an appropriate remedy3.� The
court shall have the authority to order remedies tailored to the violation and
intended to mitigate both the risk of future violations and of disruption to
the electoral system 2[, and may
consider, among others, any remedy that is available to a federal court or the
court of another jurisdiction for similar violations]2.�
���� The court shall additionally
consider remedies proposed by any of the parties 2or
amici curiae appearing2
before it 2[and any
interested non-parties appearing before the court]2.� A remedy so
proposed shall not be given priority because it is proposed by a political
subdivision.
���� The court may implement such
remedies through an order of the court, or via the inclusion of such remedies
in a court-approved consent decree or settlement.
���� 9.��� a.� Voting
qualifications, prerequisites to voting, laws, ordinances, standards,
practices, procedures, regulations, or policies that� burden the right to vote,
including registering to vote, for any individual or community on the basis of
disability 2,
sex, sexual orientation, or gender identity or expression2 shall
be prohibited, unless such voting qualifications, prerequisites to voting,
laws, ordinances, standards, practices, procedures, regulations, or policies
are 3[narrowly
tailored to promote an important policy justification that is supported by
substantial evidence]
justified by a compelling State interest3.�
���� b.� Any person, including any
organization on behalf of an impacted person or community, alleging a violation
of this section shall have the right to bring judicial action in any court of
competent jurisdiction, for remedies including, but not limited to, declaratory
or injunctive relief or any such other remedies as specified in this act or as
may be necessary to cure the violation.
����� 10.�
a.� The governing body of a political subdivision with the authority under this
act and all applicable State and local laws to enact and implement a new
municipal or county apportionment or redistricting plan, shall undertake each
of the steps enumerated in this section if 2[such a plan is proposed subsequent to receipt of
NJVEA notification letters, as defined in section 11] , at the time such plan is proposed, the
political subdivision is considered a covered entity within the meaning of
section 132 of this act,
P.L.    , c.     (C.       )
(pending before the Legislature as this bill) 2[, or to the filing of a claim pursuant to this act
or the federal Voting Rights Act]2.
����� b.�
Before drawing a draft municipal or county redistricting plan or plans of the
proposed boundaries of the districts, the political subdivision shall hold
public hearings, which may be held virtually, for which it will provide at
least seven days� notice for each and at which the public is invited to provide
input regarding the composition of the districts. As determined by the most
recent U.S. census enumeration, political subdivisions with 30,000 or more
residents shall hold at least four public hearings; political subdivisions with
fewer than 30,000 residents and more than 5,000 residents shall hold at least
three public hearings; and political subdivisions with 5,000 or fewer residents
shall hold at least two public hearings.� Before these public hearings, the
political subdivision shall conduct outreach to the public, including to
non-English-speaking communities, to explain the redistricting process and to
encourage public participation.
����� c.�
After all draft municipal or county redistricting plans are drawn, the
political subdivision shall publish 2on its Internet website2 and make available for release at least one draft
or redistricting plan and, if members of the governing body of the political
subdivision would be elected in their districts at different times to provide
for staggered terms of office, the potential sequence of such elections. The
political subdivision shall additionally publish and make publicly available a
written report that shall include, but not be limited to, a detailed summary of
how the body came to select such apportionment or redistricting plan, and how
the selected plan complies with the provisions of this act and with relevant
federal law.
����� d.�
After the release of any draft pursuant to subsection c. of this section, the
political subdivision shall also hold at least two additional public hearings,
at which the public, including limited English proficient communities, shall be
invited to provide input regarding the content of the draft redistricting plan
or plans and the proposed sequence of elections, if applicable.� The draft
municipal or county redistricting plan or plans shall be published at least
seven days before consideration at a public hearing.� If the draft
redistricting plan or plans are revised at or following a public hearing, the
revised versions shall be published and made available to the public, including
to limited English proficient communities, for at least seven days. Before
adoption, the political subdivision shall hold at least one additional public
hearing on the revised draft plan or plans. Notice shall be provided to the
public, including translated to limited English proficient communities, at
least seven days prior to any additional public hearing. Each public hearing
should provide interpretation services for limited English proficient
communities provided that where in-person interpretation services may be
unavailable, written testimonies in languages other than English may be
submitted for the public record within seven days following the public
hearing.� Any further changes to the revised draft plan following the
additional public hearing shall not require a second additional public hearing.
����� e.
If a political subdivision that undertakes the redistricting process set forth
in this section is unable to adopt a redistricting plan as a result of
deadlines imposed under Title 19 of the Revised Statutes, the political
subdivision may seek and obtain appropriate relief, including relief from any
applicable deadlines under Title 19, in the Superior Court.
���� 11.� a. Before commencing a
judicial action against a political subdivision under section 5 or 6 of this
act, P.L.    , c.    (C.        and C.        , respectively)
(pending before the Legislature as this bill), a prospective plaintiff shall
send by certified mail a written notice to the clerk of the political
subdivision, or, if the political subdivision does not have a clerk, the
governing body of the political subdivision, against which the action would be
brought, asserting that the political subdivision may be in violation of this
act.� This written notice shall be referred to as 2a
�New Jersey Voter Empowerment Act notification letter,� or2 an
�NJVEA notification letter� in this act.� The prospective plaintiff shall also
send by certified mail a copy of the NJVEA notification letter to the Division
of Elections within the Department of State and the county clerk, the county
board of elections, and, as applicable, the county superintendent of elections,
of the political subdivision against which the action would be brought.
���� b.� A prospective plaintiff
shall not commence a judicial action against a political subdivision under this
section within 50 days of sending to the political subdivision an NJVEA
notification letter or until its receipt of a written denial by the political
subdivision, whichever is earlier.
���� c.� Within 50 days after a
prospective plaintiff has mailed an NJVEA notification letter or on its own
volition, the governing body of a political subdivision may pass a resolution,
after consulting with the Division of Elections within the Department of State
and the county clerk, the county board of elections, and, as applicable, the
county superintendent of elections of the political subdivision, affirming:
���� (1)� the political
subdivision's intention to enact and implement a remedy for a potential
violation of this act;
���� (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.
���� Such a resolution shall be
referred to as an �NJVEA resolution� in this act.� If a political subdivision
passes an NJVEA resolution, such political subdivision shall have 140 days
after receipt of the NJVEA notification letter to enact and implement such
remedy, during which time a prospective plaintiff shall not commence an action
to enforce section 5 or 6 of P.L.��� , c.��� (C.�������� and C.������� ,
respectively) (pending before the Legislature as this bill), against the
political subdivision.�
���� d. 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 an NJVEA
resolution, or seeks to enact or implement a remedy other than the remedy identified
in an NJVEA resolution, within 140 days after receipt of the NJVEA notification
letter, or if the political subdivision is a covered entity as defined under
subsection c. of section 13 of this act, the governing body of the political
subdivision shall undertake the steps enumerated in the following provisions:
���� (1)� the governing body of the
political subdivision may approve a proposed remedy that complies with this act
and submit such a proposed remedy to the 2[Division of
Voting Rights]
Attorney General2,
but only after consultation with the Division of Elections within the
Department of State.� Such a submission shall be referred to as an �NJVEA
proposal� in this act;
���� (2)� prior to passing an NJVEA
proposal, the political subdivision shall hold at least one public hearing, at
which the public shall be invited to provide input regarding the NJVEA
proposal.� Before this hearing, the political subdivision may conduct outreach
to the public, including to non-English-speaking communities, to encourage
public participation;
���� (3)� within 45 days of receipt
of a NJVEA proposal, the 2[Division of
Voting Rights]
Attorney General2
shall grant or deny approval of the NJVEA proposal; and
���� (4)� the 2[Division of
Voting Rights]
Attorney General2
shall only grant approval to the NJVEA proposal if it concludes that:
���� (a)� the political subdivision
may be in violation of this act;
���� (b)� the NJVEA proposal would
remedy any potential violation of this act;
���� (c)� the NJVEA proposal is
unlikely to violate the United States Constitution or the New Jersey
Constitution; and
���� (d)� implementation of the
NJVEA proposal is feasible, as determined by the 2[Division of
Voting Rights]
Attorney General2
in consultation with the Division of Elections within the Department of State
and the county clerk, the county board of elections, and, as applicable, the
county superintendent of elections of the political subdivision.�
���� (5)� if the 2[Division of
Voting Rights]
Attorney General2
grants approval, the NJVEA proposal shall be enacted immediately and
implemented as soon as it is feasible to do so, and only after consultation
with the Division of Elections within the Department of State and the county
clerk, the county board of elections, and, as applicable, the county
superintendent of elections of the political subdivision;
���� (6)� if the political
subdivision is a covered entity as defined under subsection c. of section 13 of
this act,
P.L.    , c.     (C.       )
(pending before the Legislature as this bill), the political subdivision shall
not be required to obtain preclearance for the NJVEA proposal pursuant to such
section upon approval of the NJVEA proposal by the 2[Division of
Voting Rights]
Attorney General2;
���� (7)� if the 2[Division of
Voting Rights]
Attorney General2
denies approval, the NJVEA proposal shall not be enacted or implemented, and
the 2[Division of
Voting Rights]
Attorney General2
shall explain the basis for such denial and may, in its discretion, make
recommendations for an alternative remedy for which it would grant approval;
and
���� (8)� if the 2[Division of
Voting Rights]
Attorney General2
does not respond, the NJVEA proposal shall not be enacted or implemented and
plaintiffs may seek judicial relief as permitted by this act.
���� e.� If, pursuant to a process
commenced by an NJVEA notification letter, a political subdivision enacts or
implements a remedy or the 2[Division of
Voting Rights]
Attorney General2
grants approval to an NJVEA proposal, a prospective plaintiff who sent the
NJVEA notification letter may, within 30 days of the enactment or
implementation of the remedy or approval of the NJVEA proposal, demand
reimbursement for the cost of the work product generated to support the NJVEA
notification letter.� A prospective plaintiff shall make the demand in writing
and shall substantiate the demand with financial documentation, such as a
detailed invoice for demography services or for the analysis of voting patterns
in the political subdivision.� A political subdivision may request additional
documentation if the provided documentation is insufficient to corroborate the
claimed costs.� A political subdivision shall reimburse a prospective plaintiff
for reasonable costs claimed, not to exceed $50,000, or in an amount to which
the parties mutually agree.� To the extent a prospective plaintiff who sent the
NJVEA notification letter and a political subdivision are unable to come to a
mutual agreement, either party may file a declaratory judgment action to obtain
a clarification of rights.
���� The $50,000 cap on prospective
plaintiff reimbursements provided pursuant to this subsection shall be adjusted
3[annually] biennially3 by the
State Treasurer in direct proportion to the percent change in the Consumer
Price Index over a 3[12-month] 24-month3 period
beginning November 1 and ending October 31.� For the purpose of this
subsection, "Consumer Price Index" means the Consumer Price Index for
All Urban Consumers, New York-Northern New Jersey-Long Island Metropolitan
Area, All Items (1982-84=100), as published by the Bureau of Labor Statistics
in the United States Department of Labor.� The State Treasurer shall determine
the amount of the adjustment by December 1 of 3[each] every even3 year
and the adjustment shall become effective for reimbursements ordered during the
3two3 calendar
3[year] years3
following the determination, beginning with reimbursements ordered on or after
January 1 of 3[each] the first3
calendar year 3in
the two-year cycle3.�
An adjustment in the reimbursement cap shall be made only if the percent change
in the Consumer Price Index for the period specified is greater than zero.�
Such 3[an annual] biennial3 adjustment
shall in no event be greater than 2 percent.� If the reference base of the
index is changed, the index used to determine the Consumer Price Index shall be
the index converted to the new base by standard statistical methods.
���� f.� Notwithstanding the
provisions of this section requiring notice before commencing a judicial
action, a party may bring a cause of action for a violation of section 5 or
section 6 of this act, P.L.    , c.     (C.
and C.������� , respectively) (pending before the Legislature as this bill),
under 2[any of]2
the following circumstances:
���� (1)� 2[the prospect
of obtaining relief under the NJVEA notification letter and NJVEA proposal
processes of this section would be futile;
���� (2)]2 ��another party has
already submitted a notification letter and commenced a judicial action against
the political subdivision, and the party bringing a cause of action pursuant to
this subsection alleges substantially similar violations and seeks to join the
previously filed judicial action;
���� 2[(3)� following
the party's submission of a notification letter, the local election office or
political subdivision has adopted an NJVEA resolution that identifies a remedy
that would not remedy the violation identified in the party�s notification
letter;]2
3[or]3
���� 2[(4)] (2)2� the
party is seeking preliminary relief with respect to an 2[upcoming]2
election 2that
is scheduled to be held less than 3[50] 703 days
from the date of receipt of the NJVEA letter 3; or
���� (3) �the prospect of
obtaining relief under the NJVEA notification letter and NJVEA proposal
processes of this section would be futile3 .
���� g.��� For the purposes of
this section, any consultation between the political subdivision and the county
clerk, county board of elections, commissioner of registration, or county
superintendent of elections shall be limited to the logistical and operational
feasibility of a proposed remedy.� Nothing in this section shall 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 subdivision2.
���� 12.� a.� The 2[Division of
Voting Rights]
Attorney General2
shall designate one or more languages, other than English, for which assistance
in voting and elections shall be provided by a local election office or a
political subdivision that administers elections if, based on the most recent
set of data from the United States Census Bureau, American Community Survey, or
data of comparable quality collected by a 3[public office] government
entity3,
including but not limited to, any data collection required by this act, it is
determined that:
���� (1)� more than two percent,
but in no instance fewer than 3[100] 3003
individuals, of 2[eligible
voters]
citizens of voting age2
of a political subdivision speak a particular shared language other than
English and are limited English proficient individuals; or
���� (2)� more than 4,000 2[voters] citizens
of voting age2
of such political subdivision speak a particular shared language other than
English and are limited English proficient individuals.
���� b.� A local election office or
political subdivision required to provide language assistance to a particular
language-minority group pursuant to this section shall provide physical, and
may make available online, electoral and voting materials, in the covered
language, including ballots, registration or voting notices, forms,
instructions, assistance, other materials or information relating to the
electoral process, and any public-facing materials required by this act,
P.L.    , c.     (C.       )
(pending before the Legislature as this bill), 3[so as to most effectively inform
and enable members of the designated language-minority group to participate in
elections and related activities]
consistent with the definition of �translation� as used in P.L.2023, c.263
(C.52:14-40 et seq.)3.�
All such materials shall be provided in the language of the applicable
language-minority group as well as in the English language, provided that where
the language of the applicable language-minority group is historically oral or
unwritten, the local election office or political subdivision shall only be
required to furnish oral instructions, assistance, and all other information
relating to registration and voting, including the ballot, orally.� Any
provided translation must translate from one language to another in an
effective manner to convey the intent and essential meaning of the original
text and communication and must not solely rely on automatic electronic
translation services. Language assistance shall also include the presence of
bilingual 3[poll workers
where available]
members of a district board appointed pursuant to R.S.19:6-1, where and when
available and, notwithstanding any other provision of law to the contrary, such
district board members need not be residents of the county in which they will
serve but shall be residents of the State3.
���� c.� In cases where the
designated language has more than one spoken dialect, the local election office
or political subdivision subject to the requirements of this section shall, to
the extent feasible, 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.
���� d. �A local
election office or political subdivision 2[subject to the
requirements of this section]2
may file an action against the State for a declaratory judgment challenging the
designation which requires such election office or political subdivision to
provide assistance in languages other than English pursuant to subsection a. of
this section 2,
or permitting the provision of materials that do not meet the standard defined
in this section or English-only material2.� A court of this State
shall grant the requested relief if it finds that the designation by the 2[Division of
Voting Rights]
Attorney General2
was arbitrary and capricious or an abuse of discretion.
���� e. 3[Where] To the
extent not already required by P.L.2023, c.263 (C.52:14-40 et seq.), where3 the
State creates, produces, or disseminates relevant physical and online electoral
and voting materials for or to local election offices or to political
subdivisions subject to the requirements of this section, the State shall also
comply with the requirements of this section.
���� f.���� 3[(1) The]3 2[Division of
Voting Rights]
3[Attorney
General2
shall conduct a study every two years to identify political subdivisions]3 1[that may newly
require]
3[where
changes in1
language access coverage]3
1[, beyond those
designated for coverage in this section]
3[shall be
required1.
The]3
2[Division of
Voting Rights]
3[Attorney
General2
shall convene a Language Access Working Group within the]3 2[division] 3[Department
of Law and Public Safety2
to establish the parameters of this study and publish the timeline for
implementation on its website no later than December 2027.
���� (2)� The study shall assess
the need for additional language access coverage in any political subdivisions
not already covered by this section, if the political subdivision meets either
of the following thresholds:
���� (a)�� more than two percent,
but in no instance fewer than 100 individuals, of the]3 2[voting-eligible
population]
3[citizens of
voting age of the political subdivision2 speak a particular shared
language other than English and are limited English proficiency individuals; or
���� (b)� more than 4,000 of the]3 2[voting-eligible
population]
3[citizens of
voting age2
of]3
2[such] 3[the2
political subdivision speak a particular shared language other than English and
are limited English proficient individuals.
���� (3)� All determinations made
under paragraph (2) of this subsection shall be based on data from the U.S.
Census Bureau, American Community Survey, or other data of comparable quality
collected by a 1State,
county, or local1
public office 1in
this State1.�
To the extent that necessary data is not available, the determinations shall be
based upon estimates derived from available data using validated methodologies.
���� (4)� The]3 2[Division of
Voting Rights]
3[Attorney
General2
shall then engage with any language minority group identified based on the
foregoing thresholds and determine if adding such additional language access
can be feasibly implemented in a practical and cost effective manner by the
identified political subdivision.� Such an engagement process with language
minority groups shall include, at a minimum:
���� (a)� An opportunity for any
individual or entity aggrieved by a failure to provide such assistance to
submit a request for the]3
2[Division of
Voting Rights]
3[Attorney
General2
to consider designating a new language for coverage or providing additional
in-language services. Individuals or entities aggrieved by such failure shall
include those who have standing as established in subsection a. of section 16
of this act, P.L.��� , c.���
(C.        ) (pending before the
Legislature as this bill);
���� (b)� A timeline specifying
when requests for additional in-language services may be submitted to be
considered for the next election; and
���� (c)� Consideration of the
following:
���� (i)� Community-based evidence
indicating the need for in-language services, including, but not limited to,
school enrollment data, public health or social service records,
language-specific outreach from community-based organizations, and other
reliable evidence.
���� (ii)� Testimony or affidavits
from individuals or entities representing or serving the language minority
community, including impacted voters.
���� (iii)� Evidence of structural,
procedural, or informational barriers that disproportionately impact limited
English proficient voters in the language minority group, including low turnout
rates, high provisional ballot use, or lack of access to translated materials.
���� (5)� Determinations of the
feasibility and cost practicability of providing language assistance to a
language minority group covered under paragraph (2) of this subsection shall
consider:
���� (a)� Evidence identified under
subparagraph (c) of paragraph (4) of this subsection;
���� (b)� The percentage of the
covered political subdivision�s election activities budget that providing
language assistance in the relevant language would comprise.
���� (c)� Whether costs of
translated materials and services can be minimized by cost saving measures,
such as:�
���� (i)� Printing multiple
languages on one ballot, form, or other material;
���� (ii)� Collaborating with
entities representing or serving the language minority group to procure
translation services or identify bilingual interpreters; and
���� (iii)� Centralizing vendor
contracts and services in collaboration with other covered political
subdivisions.
���� (d)� Other logistical
considerations raised by political subdivisions.
���� (6)� The provision of language
access shall not be found to be impractical solely as a result of any increase
in cost to the identified political subdivision.� Such a finding shall be based
on compelling evidence that the cost of providing language access services
would substantially burden the ability of the identified political subdivision
to administer elections, and considerations of cost increases must be weighed
equally with other findings from engagement with the language minority group as
detailed in paragraph (4) of this subsection.
���� (7)� The]3 2[Division of
Voting Rights]
3[Attorney
General2
shall provide political subdivisions identified pursuant to paragraph (2) of
this subsection with a detailed guidance roadmap, including costs, suggested
timeline, and implementation steps, and publish such guidance roadmap on its
official website.� Political subdivisions shall follow the roadmap, including
the suggested timeline, to implement language access coverage for any language
deemed practical and feasible under this section.
���� (8)� The]3 2[Division of
Voting Rights]
3[Attorney
General2
shall provide notice and the roadmap of feasibility and costs directly to each
political subdivision covered by paragraph (2) of this subsection and specify
the language or languages for which the political subdivision is to provide
additional language access coverage.
���� (9)� Challenges to the]3 2[Division of
Voting Rights]
3[Attorney
General�s2
determinations stemming from this study shall be considered by a court of
competent jurisdiction on a de novo basis.
���� 1(10)�
No newly designated language assistance requirement shall apply to any election
occurring fewer than 120 days after 2a2 formal
designation 2has
been made2
by the]3
2[Division of
Voting Rights]
3[Attorney
General pursuant to subsection a. of this section2.]3
���� 2[(11) The
Division of Voting Rights shall establish and administer a centralized
translation and ballot terminology clearing house to assist political
subdivisions in complying with this section, including standardized glossaries
and shared vendor contracts.1]
���� 3[g.]3� The
Division of Elections within the Department of State shall establish a
clearinghouse for the translation of common terminology utilized on election
ballots, voter registration forms, and other essential voting-related
materials.� Local election offices, political subdivisions, and other election
officials shall consult with the clearinghouse to ensure accurate translations
when providing language assistance and materials to voters pursuant to this
section.
���� 3[h.] g.3� Nothing
in this section shall be construed to limit the applicability or reduce the
number of non-English languages to which vital documents are required to be
translated pursuant to P.L.2023, c.263 (C.52:14-40 et seq.).2
���� 13.� a.� To ensure that the
right to vote is not denied or abridged on account of membership in a protected
class, the enactment or implementation of a covered policy by a covered entity,
as defined in this section, shall be subject to preclearance by the 2[Division of
Voting Rights]
Attorney General2
as set forth in this section.
���� b.� A �covered policy� shall
include any new or modified voting qualification, prerequisite to voting, law,
ordinance, standard, practice, procedure, regulation, or policy concerning any
of the following topics:
���� (1)� method of election;
���� (2)� annexation or
de-annexation of a political subdivision;
���� (3)� incorporation of a
political subdivision;
���� (4)� consolidation or division
of political subdivisions;
���� (5)� the methodology for
engaging in list maintenance activities or for identifying voters for removal
from the Statewide voter registration system;
���� (6)� number, location, or
hours of any election day or early voting poll site;
���� (7)� dates of elections and
the election calendar, except with respect to special elections;
���� (8)� registration of voters;
���� (9)� assignment of election
districts to election day or early voting polling sites;
���� (10)� location of ballot drop
boxes;
���� (11)� assistance offered to
members of a language-minority group, as listed in paragraph (1) of subsection
a. of section 12 of this act, P.L.    , c.     (C.       ) (pending
before the Legislature as this bill);
���� (12)� districting or
redistricting; and
���� (13)� any additional topics
designated by the 2[Division of
Voting Rights]
Attorney General2,
which shall be designated pursuant to a rule promulgated by the 2[Division of
Voting Rights]
Attorney General2
in accordance with the �Administrative Procedure Act,� P.L.1968, c.410
(C.52:14B-1 et seq.), upon a determination by the 2[Division of
Voting Rights]
Attorney General2
that a new or modified voting qualification, prerequisite to voting, law,
ordinance, standard, practice, procedure, regulation, or policy concerning such
topics may have the effect of denying or abridging the right to vote on account
of membership in a protected class.
���� c.� A �covered entity� shall
include:
���� (1)� any political subdivision
that, within the prior 15 years 2[or , for good
cause shown, within a longer period determined by the Division of Voting
Rights, but not to exceed 30 years]2,
has been subject to any court order, government enforcement action, final
determination of the New Jersey Division on Civil Rights, court-approved
consent decree, or any other settlement in which the political subdivision
conceded liability, based upon a 2claim
alleging discrimination against members of a protected class, in2
violation of the provisions of this act, the right to vote under the New Jersey
Constitution, the federal Voting Rights Act, the Fifteenth Amendment to the
United States Constitution, a voting-related violation of the Fourteenth
Amendment to the United States Constitution, or any violation of any other
state or federal election law 2[based upon
discrimination against members of a protected class]2 3, except that no
political subdivision shall be considered a covered entity within the meaning
of this paragraph on the basis of any court order, government enforcement
action, final determination of the New Jersey Division on Civil Rights,
court-approved consent decree, or other settlement occurring prior to the
effective date of this section3;
2or2
���� (2)� any political subdivision
that, within the prior 15 years 2[or, for good
cause shown, within a longer period determined by the Division of Voting
Rights, but not to exceed 30 years]2,
has been subject to any court order, 3[government
enforcement action,]3
final determination of the New Jersey Division on Civil Rights, court-approved
consent decree, or any other settlement in which the political subdivision
conceded liability, based upon a 2claim
alleging 3a
pattern, practice, or policy of3
discrimination against members of a protected class, in2
violation of any state or federal civil rights law, Article I, paragraph 1 of
the New Jersey Constitution, or the Fourteenth Amendment to the United States
Constitution 2[concerning
discrimination against members of a protected class]2 3, except that no
political subdivision shall be considered a covered entity within the meaning
of this paragraph on the basis of any court order, final determination of the
New Jersey Division on Civil Rights, court-approved consent decree, or other
settlement occurring prior to the effective date of this section3; 2or2
���� (3)� any county that 2(a)2
contains at least 20,000 eligible voters of any 2one2
protected class, or in which members of any 2one2
protected class constitute at least 10 percent of the eligible voter population
of the county, and 2(b)2 in
which, in any year in the prior 10 years, the arrest rate among members of such
protected class is more than five times the arrest rate among the population of
the county as a whole, or exceeds the arrest rate among the population of the
county as a whole by at least 20 percentage points; 2or2
���� (4)� any political subdivision
that 2(a)2
contains at least 1,000 eligible voters of any 2one2
protected class, or in which members of any 2one2
protected class constitute at least 10 percent of the eligible voter population
of a political subdivision, and 2(b)2 in
which, in any year in the prior 10 years, the percentage of voters of 2[any] that one2
protected class in the political subdivision that participated in any general
election for any political subdivision office is at least 10 percentage points
lower than the percentage of all voters in the political subdivision that
participated in such election; 2or2
���� (5)� any political subdivision
that, at any point during the prior three years, has failed to 3reasonably3 comply
with that political subdivision�s obligations to provide data or information to
the Division of Elections pursuant to section 19 of this act, P.L.��� , c.����
(C.     )(pending before the Legislature as this
bill); or
���� (6)� any political subdivision
that, during the prior 1[10] eight1 years,
was found to have enacted or implemented a covered policy without obtaining
preclearance for such covered policy 2when
required2
pursuant to this section.
���� d.� At least biannually, the 2[Division of
Voting Rights]
Attorney General2
shall determine which political subdivisions are covered entities pursuant to
subsection c. of this section. A list of such covered entities shall be
published on the 2[Division of
Voting Rights�]
Attorney General�s2
website pursuant to subsection d. of section 14 of this act, P.L.� , c.�� (C.��
)(pending before the Legislature as this bill). A determination of coverage
shall be effective upon such publication and may be appealed as a final agency
determination.
���� e.��� Following each federal
decennial census, if a covered entity maintains an at-large method of election,
3[or a covered
entity that employs districting plans makes no revisions to its districting
plans,]3
the at-large method of election 3[or districting
plans]3
shall be deemed a �covered policy� and shall be submitted to the 2[Division of
Voting Rights]
Attorney General2
pursuant to section 14 of this act, P.L.    , c.    (C.        )
(pending before the Legislature as this bill).� The 2[Division of
Voting Rights]
Attorney General2
shall promulgate, pursuant to the �Administrative Procedure Act,� P.L.1968,
c.410 (C.52:14B-1 et seq.), the necessary rules and regulations to effectuate
the provisions of this subsection.
���� 14.� a. A 3local
elections office for a corresponding3
covered entity may obtain preclearance for a covered policy from the 2[Division of
Voting Rights]
Attorney General2
pursuant to the following process:
���� (1)� The 3local
elections office for the3
covered entity shall submit the covered policy in writing to the 2[Division of
Voting Rights]
Attorney General2.�
The 3local
elections office for the3
covered entity shall also contemporaneously provide a copy of the covered
policy to the Division of Elections within the Department of State.
���� (2)� Upon submission of a
covered policy for preclearance, as soon as practicable but no later than
within 10 days, the 2[Division of
Voting Rights]
Attorney General2
shall publish the submission on its website.
���� (3)� After publication of a
submission, there shall be an opportunity for members of the public to comment
on the submission to the 2[Division of
Voting Rights]
Attorney General2
within the time periods set forth in this section.� To facilitate public
comment, the 2[Division of
Voting Rights]
Attorney General2
shall provide an opportunity for members of the public to sign up to receive
notifications or alerts regarding submission of a covered policy for
preclearance.
���� (4)� Upon submission of a
covered policy for preclearance, the 2[Division of
Voting Rights]
Attorney General2
shall review the covered policy, and any public comment, and shall, within the
time periods set forth in this section, provide a report and determination as
to whether, under this act, preclearance should be granted or denied to the
covered policy.� Such time period shall run concurrent with the time periods
for public comment.� The 2[Division of
Voting Rights]
Attorney General2
shall not make such determination until the period for public comment is closed
3[and only after
consulting with the Division of Elections within the Department of State on the
feasibility of the proposed covered policy to ensure that the covered policy is
consistent with Title 19 of the Revised Statutes]3.� The 2[Division of
Voting Rights]
Attorney General2
may request additional information from a covered entity 3or
its local elections office3
at any time during its review to aid in developing its report and
recommendation.� The failure to timely comply with reasonable requests for more
information may be grounds for the denial of preclearance.� The 2[Division of
Voting Rights�]
Attorney General�s2
reports and determination shall be posted on its website.
���� (5)� In any determination as
to preclearance, the 2[Division of
Voting Rights]
Attorney General2
shall identify in writing whether it is approving or rejecting
the covered policy; provided, however, that the 2[Division of Voting Rights] Attorney
General2
may, in its discretion, designate preclearance as �preliminary� in which case
the 2[Division of
Voting Rights]
Attorney General2
may deny preclearance within 60 days following the receipt of submission of the
covered policy.� The 2[Division of
Voting Rights]
Attorney General2
shall deny preclearance upon a 1written1
determination 1,
issued within 60 days of receipt of submission of the covered policy,1 that
the covered policy will diminish the ability of protected class members to
participate in the political process and to elect their preferred candidates to
office or that the covered policy 2[violates] discriminates
against members of a protected class in violation of2 this
act, the federal Voting Rights Act, or other provisions of State or federal
law; otherwise, it shall grant preclearance.� If the 2[Division of
Voting Rights]
Attorney General2
grants preclearance, the covered entity 3or
its local elections office, as applicable,3 may enact or implement the
covered policy immediately. 3[A
determination by the]3
2[Division of
Voting Rights]
3[Attorney
General2
to grant preclearance to a covered policy shall not be admissible or otherwise
considered by any court in any subsequent action challenging such covered
policy.]3
���� (6)� If the 2[Division of
Voting Rights]
Attorney General2
denies preclearance, the 2[Division of
Voting Rights]
Attorney General2
shall interpose objections explaining its basis and the covered policy shall
not be enacted or implemented.
���� (7)� If the 2[Division of
Voting Rights]
Attorney General2
fails to respond within the required time frame as established in this section,
the covered policy shall be deemed precleared and the covered entity 3or
its local elections office, as applicable,3 may enact or implement
such covered policy.
���� (8)� The time periods for
public comment, the 2[Division of
Voting Rights�]
Attorney General�s2
review, and the determination of the 2[Division of
Voting Rights]
Attorney General2
to grant or deny preclearance on submission shall be as follows:
���� (a)� For any covered policy
concerning the designation or selection of polling locations, the assignment of
election districts to a polling location, or the location of ballot drop boxes,
whether for election day or the early voting period, the period for public
comment shall be five business days. At least seven days prior to any such
comment period, notice shall be provided to the public and translated for
limited English proficient communities. The 2[Division of Voting Rights] Attorney
General2
shall review the covered policy, including any public comment, and make a
determination to deny or grant preclearance for such covered policy within 15
days following the receipt of such covered policy.
���� (b)� For good cause, the 2[Division of
Voting Rights]
Attorney General2
may invoke an extension of up to 21 3additional3 days to
make a determination pursuant to this paragraph.
���� (c)� For any other covered
policy, the period for public comment shall be 10 business days, except that in
the case of any such covered policy described in this subparagraph that
concerns the implementation of a district-based method of election or redistricting
plans 3[or a change to
a municipality's form of government]3,
the period for public comment shall be 20 business days.� At least seven days
prior to any such comment period, notice shall be provided to the public and
translated 3[for limited
English proficient communities]
consistent with P.L.2023, c.263 (C.52:14-40 et seq.)3. �The 2[Division of
Voting Rights]
Attorney General2
shall review the covered policy, including any public comment, and make a
determination to deny or grant preclearance for such covered policy within 60
days following the receipt of such covered policy.� The 2[Division of
Voting Rights]
Attorney General2
may invoke up to two extensions of 90 3additional3 days
each.
���� (9)� The 2[Division of
Voting Rights]
Attorney General2
shall be authorized to promulgate rules for an expedited, emergency
preclearance process in the event of a covered policy occurring during or
imminently preceding an election during a state of emergency, public health
emergency, or state of local disaster, 3emergency,3 or
other exigent circumstances.� Any preclearance granted under this provision
shall be designated �preliminary� and the 2[Division of Voting Rights] Attorney
General2
may deny preclearance within 60 days following receipt of the covered policy.� 3Notwithstanding
the provisions of the �Administrative Procedure Act,� P.L.1968, c.410
(C.52:14B-1 et seq.), the rule adopted by the Attorney General pursuant to this
paragraph shall become effective immediately upon filing with the Office of
Administrative Law for a period not to exceed 24 months, and may thereafter be
adopted, amended, or repealed pursuant to the �Administrative Procedure Act,�
P.L.1968, c.410 (C.52:14B-1 et seq.).3
���� (10)� Any denial of
preclearance by the 2[Division of
Voting Rights]
Attorney General2
may be appealed only by the affected political subdivision to the 3[Law] Appellate3
Division of the Superior Court of New Jersey and taken according to the
ordinary rules of appellate procedure. No other parties may file an action to
appeal a denial of preclearance or intervene in any such action brought by the
affected political subdivision. 3[Due to the
frequency and urgency of elections, actions brought pursuant to this section
shall be subject to expedited pretrial and trial proceedings and receive an
automatic calendar preference on appeal.]3
���� 2(11)�
Notwithstanding the provisions of this section, 3the
local elections office of3
a covered entity may temporarily implement a covered policy without
receiving prior preclearance if the Governor has declared a state of emergency
pursuant to P.L.1942, c.251 (C.App.A:9-33 et seq.) 3and
expressly waives this requirement, the political subdivision of the covered
entity declares a state of local disaster or emergency3, or
if the Secretary of State determines that a state of emergency exists that
would otherwise interfere with the efficient administration of an election.�
The policy may remain in effect until the state of emergency is no longer in
effect.2
���� b.� If any covered entity
enacts or implements a covered policy without seeking preclearance 3[pursuant to] consistent
with3
this section, 3when
so required,3
or enacts or implements a covered policy notwithstanding the denial of
preclearance, either the 2[Division of
Voting Rights]
Attorney General2
or any other party with standing to bring an action under this act may bring an
action to enjoin the covered policy and to seek sanctions against the political
subdivision and officials in violation.
���� c.� The 2[Division of
Voting Rights]
Attorney General2,
in accordance with the �Administrative Procedure Act,� P.L.1968, c.410
(C.52:14B-1 et seq.), shall adopt such rules and regulations as the 2[Division of
Voting Rights]
Attorney General2
deems necessary to effectuate the provisions of this act.
���� d. The 2[Division of
Voting Rights]
Attorney General2
shall additionally maintain a publicly accessible website containing the
following information:
���� (1)� a list of all covered
entities, to be updated biannually;
���� (2)� all preclearance
submissions each covered entity has made since the effective date of this
provision, including any written submission filed by the covered entity 3, and
subject to the applicable timelines for retention set forth pursuant to the
�Destruction of Public Records Law (1953),� P.L.1953, c.410 (C.47:3-15 et seq.)3; and
���� (3)� the status and
disposition of each preclearance submission by each covered entity.
���� However, the 2[Division of
Voting Rights]
Attorney General2
shall withhold or redact any information that is exempt from disclosure under
P.L.1963, c.73 (C.47:1A-1 et seq.), or that is privileged, confidential, or
protected from disclosure pursuant to any other applicable law or regulation.
���� e.� (1)� An action may be
filed by any aggrieved party in the Superior Court in Mercer County in any of
the following circumstances:
���� (a)� The 2[Division of
Voting Rights]
Attorney General2
has approved preclearance to a covered policy in violation of the provisions of
this section. In any claim under this subsection, the court has discretion to
stay the implementation of the covered policy until it can make a determination
with respect to whether preclearance should have been approved. A claim under
this subsection does not preclude, bar, or limit any other claims that may be
brought regarding the covered policy in any way, including claims brought under
other sections of this act.
���� (b)� The 2[Division of
Voting Rights]
Attorney General2
has identified 3[a] an entity
whose inclusion or exclusion from the3
list of covered entities 3[that]3
is inconsistent with the requirements of this section.
���� 3[(c)� The]3 2[Division of
Voting Rights]
3[Attorney
General2
has failed to properly implement any of the provisions of this section.]3
���� (2)� In any such action, the
court shall evaluate any claims 3[on a de novo
basis]
with deference to any determination of the Attorney General3. The
court shall have broad authority to order adequate remedies consistent with
section 8 of this act, P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill), including imposition of any injunctive relief on any
party as the court considers necessary to effectuate this section.
���� 15. �a. �No person, whether
acting under color of law or otherwise, shall engage in acts of intimidation,
deception, violence or restraint, or obstruction that affects the right of
voters to vote or the performance of official duties by election workers.
���� b. A violation of subsection
a. of this section shall be established if:
���� (1) a person uses or threatens
to use any force, violence, restraint, abduction or duress, or inflicts or
threatens to inflict any injury, damage, harm or loss, or in any other manner
practices intimidation that causes or will reasonably have the effect of
causing any person to vote or refrain from voting in general or for or against
any particular person or for or against any public question submitted to voters
at such election; to place or refrain from placing their name upon a registry
of voters; to request or refrain from requesting a mail-in ballot; or to be
impeded in the performance of their official duties if they are an election
worker;
���� (2)� a person 3[knowingly]3
uses 3,
with reckless disregard for the truth,3 any deceptive or
fraudulent device, contrivance or communication, that impedes, prevents or
otherwise interferes with the free exercise of the elective franchise by any
person, or that causes or will reasonably have the effect of causing any person
to vote or refrain from voting in general or for or against any particular
person or for or against any public question submitted to voters at such
election; to place or refrain from placing their name upon a registry of
voters; to request or refrain from requesting a mail-in ballot; or to be
impeded in the performance of their official duties if they are an election
worker; or
���� (3)� a person obstructs,
impedes, or otherwise interferes with access to any polling place, ballot drop
box, or elections office, or obstructs, impedes, or otherwise interferes with
any voter in any manner that causes or will reasonably have the effect of
causing any delay in voting or the voting process, including the canvassing of
ballots and tabulation and certification of election results.
���� 16.� a. Any aggrieved persons
or organization whose membership includes aggrieved persons or members of a
protected class or who have otherwise been given the right to bring judicial
action within this act, or 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 act, P.L.��� , c.��� (C.������� ) (pending before the Legislature as this
bill), or the 2[Division of
Voting Rights]
Attorney General2
may file an action pursuant to this act in the 2[a]2 Superior Court of
the county in which the alleged violation of this act occurred or in the
Superior Court in Mercer County.
���� b. ��Any
party who shall violate any of the provisions of this act or who shall aid the
violation of any of said provisions 3,
excepting the Attorney General�s preclearance of a change subsequently
determined to violate this act, P.L.��� , c.��� (C.������ ) (pending before the
Legislature as this bill),3
shall be liable to any prevailing plaintiff party for damages, including
nominal damages for any violation, and compensatory or punitive damages for any
intentional violation.
���� 1c.�� 2[If any
punitive damages are]
No compensatory or punitive damages shall be2 awarded
against a political subdivision or local election office where the challenged
action was taken in good faith 3[reliance
upon written guidance, advisory opinions, or directives]3 2[issues] 3[issued2 by
the Division of Elections or]3
2[Division of
Voting Rights, the division that issued said guidance, opinion, or directive
shall be liable for such damages] 3[the
Attorney General2]3.1
���� 17.� a.� In any action or
investigation to enforce any provision of this act, P.L.��� , c.��� (pending
before the Legislature as this bill), the 2[Division of Voting Rights] Attorney
General2
shall 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.
���� b.� 3[Given the
frequency of elections, the severe consequences and irreparable harm of holding
elections under unlawful conditions, and the expenditures necessary to defend
potentially unlawful conditions that benefit incumbent officials, actions
brought pursuant to this act shall be subject to expedited pretrial and trial
proceedings and receive an automatic calendar preference.]3� 2[In any action
alleging a violation of this section in which a plaintiff party seeks
preliminary relief with respect to an upcoming election, the court shall 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.]2
���� 3[c.]3
In any action to enforce any provision of this act, the court shall allow the
prevailing plaintiff party, other than the State or political subdivision
thereof, a reasonable attorneys' fee, litigation expenses including, but not
limited to, expert witness fees and expenses as part of the costs.� A plaintiff
will be deemed to have prevailed when, as a result of litigation, the defendant
party yields much or all of the relief sought in the suit.� Prevailing
defendant parties 1[shall not
recover any costs, unless]
2[may also
recover costs if1]
shall have the right to recover costs only if2 the
court finds the action to be frivolous, unreasonable, or without foundation.
���� 18.� a.� The 2[Division of
Voting Rights]
Attorney General2
3[shall] may,
subject to available funding,3
engage in public education efforts as necessary to inform the voting eligible
population about their voting rights under this act, P.L.   , c.   (C.  �
 )(pending before the Legislature as this bill),� including which
populations are considered protected classes, which rights are available under
language access provisions, and any causes of action and avenues of redress
available for violations of this act.
���� b.� As part of its public
education efforts, the 2[Division of
Voting Rights]
Attorney General2
3[shall] may,
subject to available funding,3
create and distribute posters, flyers, online materials, and other written
materials containing information on rights under this act, to be available and
displayed prominently at all polling locations. Such public education efforts
and any related materials must be made available in any languages in which the
political subdivision is required to provide language assistance pursuant to
subsection a. of section 12 of this act, P.L.    , c.     (C.       )(pending
before the Legislature as this bill).
���� 3[19.� a.� The
Division of Elections within the Department of State shall maintain and
administer a publicly accessible, nonpartisan, �Voting and Elections Database�
on its Internet website which shall serve as a central
repository for elections and voting data from all local elections offices and
political subdivisions in the State of New Jersey.� The database shall
include information pertaining to elections, registered voters, and ballot
access in the State.�
���� However, whenever the
publication requirements of this section would cause a voter's privacy to be
violated, the election results shall be reported in a manner that maintains the
privacy of the vote, provided that the database shall contain a disclosure stating
that the information reported may reflect measures to protect the privacy of
the vote.� Any information that is exempt from public disclosure under the
provisions of P.L.1963, c.73 (C.47:1A-1 et seq.), or that is privileged or
confidential pursuant to any other applicable law or regulation, shall not be
disclosed.
���� b.� The database shall
include, at minimum, the following data and records for at least the previous
12-year period:
���� (1)� estimates of protected
class membership, including the total population, voting age population,
citizen voting age population, and limited English proficiency by language
spoken, broken down to the election district level on a year-by-year basis for
every political subdivision in the State, based on data from the United States
Census Bureau, American Community Survey, or data of comparable quality
collected by a public office;
���� (2)� election results at the
election district level by method of voting for every Statewide election and
every election in every political subdivision;
���� (3) election day poll site
locations, ballot drop box locations, and early voting site locations, for
every election in every political subdivision;
���� (4) contemporaneous maps or
other documentation of the configuration of districts in any format or formats
specified by the director for election districts;
���� (5) a link to the Division of
Election�s website concerning information on election day or early voting poll
sites including, but not limited to, lists of election districts assigned to
each polling place, if applicable;
���� (6)� districting or
redistricting plans for every election in every political subdivision; and
���� (7)� any other data 1pertaining
to elections, registered voters, and ballot access in this State1 that
the Director of the Division of Elections deems advisable to maintain in
furtherance of the purposes of Title 19 of the Revised Statutes.
���� c.� Upon the certification of
election results, each political subdivision 1[that holds elections pursuant to
Title 19 of the Revised Statutes]1
shall transmit copies of the following to the division within 1[90] 1201 days
after such election:
���� (1)� election results at the
election district level;
���� (2)� maps or other
documentation of the configuration of districts in any format or formats
specified by the director, if such maps or other documentation are maintained
by the political subdivision;
���� (3)� lists of election day
poll sites, maps or other documentation of the configuration of districts in
any format or formats specified by the director assigned to each election day
poll site; and
���� (4)� any other publicly
available data as requested 1in
writing1
by the director 1,
which shall be provided within 90 days of receipt of such request
notwithstanding the 120 day deadline provided above1.
���� d.� Except as otherwise
provided by this section, the information maintained in the database shall be
posted online and made available to the public at no cost.
���� e.� The information maintained
in the database shall be presumed valid if presented to any court concerning
any claim brought pursuant to section 5 or 6 of P.L.    , c.    (C.        and C.�������
, respectively) (pending before the Legislature as this bill).]3
���� 319.�
a.� The Division of Elections within the Department of State shall establish
and maintain a publicly accessible Internet database that serves as a
centralized source of election information and data for the public.
���� The database shall provide
access to election information and data maintained by the division and shall
include links to election information and data maintained by county election
offices and other governmental entities, as provided in this section.
���� The purpose of the database
shall be to improve public access to election information and data by providing
a centralized point of access to existing election information and data
maintained by State and county election officials.
���� b.��� The database shall
provide access to:
���� (1) Statewide and county
election results;
���� (2) voter registration
statistics;
���� (3) election timelines and
important election deadlines;
���� (4) polling place and
ballot drop box information;
���� (5) vote-by-mail
information;
���� (6) early voting
information;
���� (7) district maps and other
election-related maps maintained by the State or county election offices; and
���� (8) any additional
information the Secretary of State determines will improve public access to
election information.
���� c.��� Information and data
required pursuant to subsection b. of this section may be provided by:
���� (1) publication by the division;
���� (2) hyperlinks to official
Internet websites of county election offices or other governmental entities
responsible for maintaining the information; or
���� (3) another electronic
method determined appropriate by the division.
���� d.��� Information and data
made available will be pursuant to the applicable retention schedule of such
information and data.
���� The division shall publish
information and data maintained by a governmental entity when that information
or data is publicly available through the official website of that governmental
entity.
���� e.��� Nothing in this
section shall be construed to require the division to:
���� (1) create records or
datasets not otherwise required by law;
���� (2) perform demographic,
statistical, geographic, or historical analyses;
���� (3) recreate or digitize
historical records that do not exist in electronic format;
���� (4) independently verify
information maintained by another governmental entity;
���� (5) maintain duplicate
copies of records for which another governmental entity serves as the official
custodian; or
���� (6) disclose information
made confidential pursuant to State or federal law.
���� f.���� County election
offices and other governmental entities shall remain responsible for
maintaining records assigned to them by law.� Nothing in this section shall be
construed to transfer statutory custodial responsibilities to the division.
���� g.��� The division shall
update information and data maintained pursuant to this section in accordance
with the normal course of election administration and as information and data
become available from the governmental entity responsible for maintaining that
information and data.
���� h.��� Information and data
made available through the database shall be provided for informational
purposes only and shall not constitute the official record of any election.
Official election records shall remain those maintained by the governmental
entity having statutory custody of those records.
���� i.���� The division may
consult with county election offices, other State agencies, institutions of
higher education, and other entities to establish a nonpartisan centralized
database in order to collect, archive, and make available election information
and data for the public.
���� j.���� The implementation
of this section shall be subject to the appropriation of available funds.3
���� 20.� In reporting information
to the Secretary of State pursuant to paragraph (4) of subsection a. of section
2 of P.L.2019, c.385 (C.52:4-1.2), the Department of Corrections shall give
each individual's race, as identified using all racial and ethnic categories
included by the United States Census, as well as whether the individual
identifies with more than one race, whether the individual is of Hispanic or
Latino origin, and whether the individual is over the age of 18, provided that
such information is available.
����� 21.� The provisions of this act, P.L.��� , c.���� (C.������ )(pending
before the Legislature as this bill), shall apply to all elections for any
elected public office or electoral choice within the State or any political
subdivision. �To ensure voters of protected classes, including race, color, and
language-minority groups have equitable access to fully participate in the
electoral process, the provisions of this act shall apply notwithstanding any
other provision of law, rule, or regulation to the contrary. �However, no such law passed by the State Legislature
in accordance with Article IV, Section IV, paragraph 6 of the State
Constitution shall be facially invalidated pursuant to any provision of this
act.
���� 22.� The provisions of this
act, P.L.��� , c.���� (C.������ )(pending before the Legislature as this bill),
shall be severable and if any section, subsection, paragraph, subparagraph,
sentence, or other portion of this act is for any reason held or declared by
any court of competent jurisdiction to be unconstitutional or preempted by
federal law, or the applicability of that portion to any person or facility is
held invalid, the remainder of this act shall not thereby be deemed to be
unconstitutional, preempted, or invalid.
����� 3[123.� a.� There is appropriated the sum of $2.5
million from the General Fund to the 2[Division of Voting Rights] Department of Law and Public Safety2 for the purposes of implementing the provisions
of this act, including the costs associated with the language access
requirements established pursuant to section 12 of this act.� A county or
municipality that incurs additional costs as a result of the provisions of
section 12 of this act shall apply for reimbursement of such costs in a manner
prescribed by the 2[Division of Voting Rights] Attorney General2 , in consultation with the Division of Elections
in the Department of State.
����� b.�� Such
additional sums may be appropriated from the General Fund as State aid to each
political subdivision as necessary for the implementation of this act, subject
to the approval of the Director of
the Division of Budget and Accounting in the Department of the Treasury.1]3����� 1[23.]
2[24.1� R.S.19:45-3 is repealed.]2
���� 1[24.] 2[25.1] 3[24.2] 23.3� This
act shall take effect 3[July 1, 2026] August 15,
20263,
except that sections 2[12, 13, and 19] 12 3[and] ,3 132 3, 14,
and 193
shall take effect 2[January] 3[July2] October3 1,
2027.