S4794

An Act requiring new and existing registered voters to provide proof of United States citizenship and supplementing Title 19 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. Notwithstanding any law, rule, or regulation to the contrary, residents of this State shall be required to provide proof of United States citizenship in order to be eligible to vote in any State or local election in this State. Within 90 days following the effective date of this act, P.L. , c. (C. ) (pending before the Legislature as this bill), the Secretary of State shall send a letter to each existing registered voter in this State, informing the voter of the proof of citizenship requirement and providing instructions on how to submit proof of citizenship to the Secretary of State or to the appropriate county commissioner of registration. A registered voter who does not provide proof of United States citizenship shall not be permitted to vote in State or local elections beginning on the January 1 next following the date of enactment of this act, P.L. , c. (C. ) (pending before the Legislature as this bill).

Except for a form produced by the United States Election Assistance Commission for registering to vote in federal elections, any application for voter registration used in this State shall be accompanied by satisfactory evidence of United States citizenship, as prescribed in subsection b. of this section. The Secretary of State or county commissioner of registration shall make a “federal election only voter” notation in the Statewide Voter Registration System to be associated with any registered voter who has not provided satisfactory evidence of United States citizenship and, upon notation, shall send a notice to the voter informing the voter of the federal election only status of their voter registration and providing instructions on how to submit proof of citizenship.

b. For the purposes of this act, P.L. , c. (C. ) (pending before the Legislature as this bill), satisfactory evidence of United States citizenship shall include any of the following:

(1) The number of the applicant’s driver’s license or non-driver identification card issued by the New Jersey Motor Vehicle Commission or the equivalent governmental agency of another state within the United States if the agency indicates on the applicant’s driver’s license or non-driver identification card that the person has provided satisfactory proof of United States citizenship;

(2) A legible photocopy of the applicant’s birth certificate that verifies citizenship to the satisfaction of the Secretary of State or county commissioner of registration;

(3) A legible photocopy of pertinent pages of the applicant’s United States passport identifying the applicant and the applicant’s passport number or presentation to the Secretary of State or county commissioner of registration of the applicant’s United States passport;

(4) A presentation to the Secretary of State or county commissioner of registration of the applicant’s United States naturalization documents or the number of the certificate of naturalization. If only the number of the certificate of naturalization is provided, the applicant shall not be included in the State and local election voter rolls until the number of the certificate of naturalization is verified with the United States Citizenship and Immigration Services by the Secretary of State or county commissioner of registration;

(5) Other documents or methods of proof that are established pursuant to the “Immigration Reform and Control Act of 1986” (8 U.S.C. s.1101 et seq.); or

(6) The applicant’s Bureau of Indian Affairs card number, tribal treaty card number, or tribal enrollment number.

The Secretary of State and county commissioners of registration shall use the Department of Homeland Security Person Centric Query Service to verify that new voter registrations and existing registered voters comply with the provisions of this act.

c. The Secretary of State, in consultation with each county commissioner of registration, shall develop guidelines for the implementation of the provisions established pursuant to this act, P.L. , c. (C. ) (pending before the Legislature as this bill), including, but not limited to, how to effectively implement proof of citizenship and voter eligibility requirements, and design ballots for federal election only voters.

d. Nothing in this section shall be construed to limit the ability of a voter to vote in federal elections, irrespective of whether the voter has provided evidence of United States citizenship.

2. Any election official who knowingly and willfully fails to reject an invalid application for voter registration or who knowingly and willfully fails to invalidate an existing voter’s State and local election registration pursuant to this act, P.L. , c. (C. ) (pending before the Legislature as this bill), shall be guilty of a crime of the third degree.

3. This act shall take effect immediately.

STATEMENT

This bill requires residents of New Jersey to provide proof of United States citizenship in order to be eligible to vote in any State or local election in this State.

Within 90 days following the effective date of this bill, the Secretary of State will send a letter to each existing registered voter in this State, informing the voter of the proof of citizenship requirement and giving instructions on how to submit proof of citizenship to the Secretary of State or to the appropriate county commissioner of registration. A registered voter who does not provide proof of United States citizenship will not be permitted to vote in State or local elections beginning on the January 1 next following the date of enactment of this bill.

Submissions of applications for voter registration in New Jersey will be required to include satisfactory evidence of citizenship, except for submissions of federal election voter registration applications produced by the United States Election Assistance Commission. The Secretary of State or county commissioner of registration will make a “federal election only voter” notation in the Statewide Voter Registration System to be associated with any registered voter that does not submit satisfactory evidence of citizenship. The Secretary of State or county commissioner of registration will send a notice to each such voter, informing them of the federal election only status of their voter registration.

Satisfactory evidence of citizenship will include a driver’s license, a non-driver identification card, a birth certificate, a passport, naturalization documents or the number of the certificate of naturalization, documents or methods of proof that are established in the federal “Immigration Reform and Control Act of 1986,” or a Bureau of Indian Affairs card. The Secretary of State and county commissioners of registration will then use the United States Department of Homeland Security Person Centric Query Service to verify that new voter registrations and existing registered voters comply with the citizenship requirements under the bill.

The Secretary of State, in consultation with each county commissioner of registration, will develop guidelines for the implementation of the bill, including, but not limited to, how to effectively implement proof of citizenship and voter eligibility requirements, and design ballots for federal election only voters.

Any election official who knowingly and willfully fails to reject an invalid application for voter registration or who knowingly and willfully fails to invalidate an existing voter’s State and local election registration will be guilty of a crime of the third degree.