[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 interest^{3 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 General^{2 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 General^{2 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 13^{2 3}, 14, and 19³ shall take effect ²[January] ³[July²] October³ 1, 2027.