S4812

An Act concerning certain voting practices and election policies in this State and repealing the “John R. Lewis Voter Empowerment Act of New Jersey,” P.L.2026, c.31.

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

1. P.L.2026, c.31 (C.19:15B-1 through 19:15B-22) is repealed.

2. This act shall take effect immediately.

STATEMENT

This bill repeals the “John R. Lewis Voter Empowerment Act of New Jersey.”

Under current law, elections officials are prohibited from prescribing or maintaining voting or elections policies and practices that unnecessarily deny or abridge the right to vote. Local election offices and political subdivisions are also prohibited from using a method of election that has the effect of impairing the ability of members of a protected class to elect candidates of their choice or influence the outcome of elections, as a result of vote dilution. Any policy or practice that burdens the right to vote is required to be justified by a compelling State interest. Current law also specifies criteria for determining if a violation of law has occurred, including if a voter’s right to vote has been violated or if the voter has experienced vote dilution.

The Attorney General is tasked with investigating and enforcing penalties for alleged violations of voting rights.

If a violation occurs, current law provides a remedy process, including for county and municipal apportionment and redistricting maps. First, a New Jersey Voter Empowerment Act (NJVEA) notification letter is mailed from a prospective plaintiff to a political subdivision, after which time the political subdivision may pass an NJVEA resolution affirming: (1) the political subdivision's intention to enact and implement a remedy for a potential violation; (2) specific steps the political subdivision will undertake to facilitate approval and implementation of such a remedy; and (3) a schedule for enacting and implementing such a remedy. If the governing body of a political subdivision lacks the authority to enact or implement a remedy identified in the resolution, or fails to enact or implement a remedy identified in the resolution within 140 days after the passage of the resolution, or if the political subdivision is a covered entity, the governing body of the political subdivision must coordinate with the Attorney General to resolve the violation, including affirming that any proposal is unlikely to violate the United States Constitution, New Jersey Constitution, or any federal or State law, and is feasible to implement.

Current law also provides the Attorney General with certain preclearance powers. Preclearance is the process of reviewing an election-related policy, procedure, or practice prior to its implementation.

Under current law, political subdivisions may be subject to preclearance if they have been involved in certain legal actions concerning discrimination or the violation of voting rights. Counties and political subdivisions that meet certain criteria regarding the number of voters belonging to a protected class, arrest rates within the jurisdiction, or certain percentages of voter participation in elections within the jurisdiction may additionally be subject to preclearance procedures.

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

Current law also requires assistance to language-minority groups. A local election office or a political subdivision that administers elections must provide language-related assistance in voting and elections to a language-minority group in a political subdivision based on data from the United States Census Bureau American Community Survey, or data of comparable quality collected by a State, county, or local public office, if: (1) more than two percent, but in no instance fewer than 300 individuals, of citizens of voting age of a political subdivision speak a particular shared language other than English and are limited English proficient; or (2) more than 4,000 of citizens of voting age of a political subdivision speak a particular shared language other than English and are limited English proficient.

Additionally, a local election office or political subdivision that is required to provide language assistance to a particular language-minority group must provide voting materials in the covered language of an equal quality of the corresponding English language materials, including registration or voting notices, forms, instructions, assistance, or other physical or online materials or information relating to the electoral process, including ballots. When a designated language has more than one spoken dialect, the local election office or political subdivision must ascertain the dialects that are commonly used by members of the applicable language minority group in the jurisdiction and provide oral assistance in such dialects.

Under current law, any aggrieved persons or organization whose membership includes aggrieved persons or members of a protected class, any organization whose mission, in whole or in part, is to ensure voting access and such mission would be hindered by a violation of these provisions, or the Attorney General, may file an action in court. Upon a finding that a violation has occurred, a court may order any remedy necessary to cure the violation.

Lastly, current law requires the maintenance of a publicly accessible elections database by the Division of Elections in the Department of State.

This bill would repeal each of these provisions of current law.