| 1 | 1 | | ASSEMBLY, No. 5474 STATE OF NEW JERSEY 221st LEGISLATURE INTRODUCED MARCH 20, 2025 |
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| 3 | 3 | | ASSEMBLY, No. 5474 |
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| 5 | 5 | | STATE OF NEW JERSEY |
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| 7 | 7 | | 221st LEGISLATURE |
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| 11 | 11 | | INTRODUCED MARCH 20, 2025 |
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| 15 | 15 | | Sponsored by: Assemblywoman TENNILLE R. MCCOY District 14 (Mercer and Middlesex) SYNOPSIS Defines conduct which constitutes voter disenfranchisement and establishes penalties therefor; authorizes private cause of action for voter disenfranchisement; creates Independent Election Oversight Committee; establishes public awareness campaign on voting rights; appropriates $100,000. CURRENT VERSION OF TEXT As introduced. |
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| 19 | 19 | | Sponsored by: |
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| 21 | 21 | | Assemblywoman TENNILLE R. MCCOY |
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| 23 | 23 | | District 14 (Mercer and Middlesex) |
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| 33 | 33 | | SYNOPSIS |
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| 35 | 35 | | Defines conduct which constitutes voter disenfranchisement and establishes penalties therefor; authorizes private cause of action for voter disenfranchisement; creates Independent Election Oversight Committee; establishes public awareness campaign on voting rights; appropriates $100,000. |
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| 39 | 39 | | CURRENT VERSION OF TEXT |
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| 41 | 41 | | As introduced. |
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| 45 | 45 | | An Act concerning the disenfranchisement of voters in this State, supplementing Title 19 of the Revised Statutes, amending various parts of the statutory law, and making an appropriation. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. R.S.19:8-2 is amended to read as follows: 19:8-2. The clerk of every municipality, on or before April 1 shall certify to the county board of every county wherein such municipality is located a suggested list of places in the municipality suitable for polling places. The county board shall select the polling places for the election districts in the municipalities of the county for all elections in the municipalities thereof, including all commission government elections in the county. The county boards shall not be obliged to select the polling places so suggested by the municipal clerks, but may choose others where they may deem it expedient. Preference in locations shall be given to schools and public buildings where space shall be made available by the authorities in charge, upon request, if same can be done without detrimental interruption of school or the usual public services thereof, and for which the authority in charge shall be reimbursed, by agreement, for expenses of light, janitorial and other attending services arising from such use. Each polling place selected shall be accessible to individuals with disabilities and the elderly. A polling place shall be considered accessible if it is in compliance with the federal "Americans with Disabilities Act of 1990" (42 U.S.C. s. 12101 et seq.). A polling place shall not be selected unless it is accessible and conveniently located for all voters within the election district. In no case shall the authorities in charge of a public school or other public building deny the request of the county board for the use, as a polling place, of any building they own or lease. Where the county board shall fail to agree as to the selection of the polling place or places for any election district, within five days of an election, the county clerk shall select and designate the polling place or places in any such election district. The county board may select a polling place other than a schoolhouse or public building outside of the district but such polling place shall not be located more than 1,000 feet distant from the boundary line of the district. The Secretary of State may, however, permit a polling place to be more than 1,000 feet distant from the boundary line of the district if there is no suitable polling place accessible to individuals with disabilities and the elderly within the district or 1,000 feet distant from the boundary line of the district, provided that the selection of such polling place does not impose a severe burden on the voters in the election district so as to disenfranchise such voters. Whenever possible, the county board shall contact the managers or owners of commercial or private buildings that the board deems suitable to use as polling places, and are in or near an election district lacking an accessible polling place, to determine whether a portion of such a building may be used as a polling place on the day of an election. Reimbursement for the use of a portion of such a building shall be the same as provided by this section for schools and public buildings. Neither the owner nor operator of a facility designated as a polling place by the county board is permitted or authorized to relocate the polling place room in the building without the express prior approval of the board. (cf: P.L.2011, c.134, s.11) 2. Section 43 of P.L.1994, c.182 (C.19:34-1.1) is amended to read as follows: 43. a. Any person, other than an election official, who: (1) knowingly and willfully intimidates, threatens or coerces, or attempts to intimidate, threaten or coerce, any person for registering to vote, voting or attempting to register to vote or vote, urging or aiding any person to register to vote, to vote or to attempt to register or vote or exercising any right under the provisions of P.L.1994, c.182 (C.19:31-6.11 et al.); [or] (2) knowingly and willfully deprives, defrauds or attempts to deprive or defraud the residents of this State of a fair and impartially conducted election by the procurement or submission of voter registration applications that are known by the person to be materially false, fictitious or fraudulent under the provisions of Title 19 of the Revised Statutes or the procurement, casting or tabulation of ballots that are known by the person to be materially false, fictitious or fraudulent under the provisions of Title 19 of the Revised Statutes; or (3) knowingly and willfully provides false information regarding the eligibility of a person to register to vote, or how, when, or where a person may cast a vote which, if believed by the person, would result in the person being denied the right to vote, is guilty of a crime of the second degree. b. Any election official who: (1) knowingly and willfully intimidates, threatens or coerces, or attempts to intimidate, threaten or coerce, any person for registering to vote, voting or attempting to register to vote or vote, urging or aiding any person to register to vote, to vote or to attempt to register or vote, or exercising any right under the provisions of P.L.1994, c.182 (C.19:31-6.11 et al.); [or] (2) knowingly and willfully deprives, defrauds or attempts to deprive or defraud the residents of this State of a fair and impartially conducted election by the procurement or submission of voter registration applications that are known by the election official to be materially false, fictitious or fraudulent under the provisions of Title 19 of the Revised Statutes or the procurement, casting or tabulation of ballots that are known by the election official to be materially false, fictitious or fraudulent under the provisions of Title 19 of the Revised Statutes; or (3) knowingly and willfully provides false information regarding the eligibility of a person to register to vote, or how, when, or where a person may cast a vote which, if believed by the person, would result in the person being denied the right to vote, is guilty of a crime of the second degree and, in addition to any other penalties provided under the law, shall be permanently barred from serving as an election official. c. As used in this section, "election official" shall include, but not be limited to, any superintendent or deputy superintendent of elections, commissioner of registration, member of a county board of elections, county clerk, municipal clerk, member of a district board of elections, member of a board of county canvassers and member of a board of State canvassers. (cf: P.L.2005, c.154, s.21) 3. (New section) As used in this act, P.L. , c. (C. ) (pending before the Legislature as this bill): "Disenfranchise" means to deny or abridge the right of an individual to vote in an election in this State or to register to vote in this State, and shall include, but may not be limited to, conduct prohibited pursuant to this act. "Election official" means, but is not limited to, any superintendent or deputy superintendent of elections, commissioner of registration, member of a county board of elections, county clerk, municipal clerk, member of a district board of elections, member of a board of county canvassers and member of a board of State canvassers. "Prospective voter" means a person who is eligible to vote in this State but has not yet successfully registered to vote. "Voter" means a person who is eligible and lawfully registered to vote in this State. 4. (New section) a. No State agency, board, or commission, or any county or local government, or agency, board, or commission thereof, shall require a person to present identification in order to vote or to register to vote, except as otherwise provided by State or federal law. b. No election official shall ask or order a voter or prospective voter to produce identification in order to vote or to register to vote, except as provided by State or federal law. Any election official who violates the provisions of this section shall be guilty of a crime of the second degree and, in addition to any other penalties provided under the law, shall be permanently barred from serving as an election official. 5. (New section) In addition to any criminal penalties provided by law, any organization, entity, or person found guilty of engaging in conduct which disenfranchises a voter or prospective voter of this State, within the meaning of this act, P.L. , c. (C. ) (pending before the Legislature as this bill), may be subject to civil liability in an action brought by the voter or prospective voter so disenfranchised. The voter or prospective voter may file an action in the Superior Court of the county in which the violation occurred and any organization, entity, or person found to have disenfranchised a voter or prospective voter shall be liable for damages, including nominal and punitive damages, in an amount that the court shall deem necessary and appropriate. 6. (New section) a. There is established in, but not of, the Department of State an Independent Election Oversight Committee, which shall be responsible for monitoring elections and ensuring that no voter or prospective voter is disenfranchised in this State. b. The committee shall consist of seven members, who shall be residents of this State and qualified by their expertise in election law or elections administration. The members shall be appointed as follows: two members shall be appointed by the Governor upon the recommendation of the Senate President; two members shall be appointed by the Governor upon the recommendation of the Speaker of the General Assembly; one member shall be appointed by the Governor upon the recommendation of the Minority Leader of the Senate; one member shall be appointed by the Governor upon the recommendation of the Minority Leader of the General Assembly; and the Secretary of State, or a designee, who shall serve ex officio and shall be the Chair of the committee. c. The appointed members of the committee shall serve for a three year term and until a successor is appointed. Any vacancy in the membership of the committee shall be filled for the unexpired term in the manner in which the original appointment was made. d. The members shall not receive a salary but may be reimbursed for reasonable expenses incurred in the performance of their duties, within the limits of funds appropriated or otherwise made available to the committee for its purposes. e. The committee shall have the power to appoint, employ, promote, and remove assistants, employees, and personnel as deemed necessary for the efficient and effective administration of the committee, within the limit of funds appropriated for such purposes. f. The committee shall solicit and accept information from members of the public related to the conduct of elections and reports of voter disenfranchisement occurring in this State. The committee shall investigate such reports and information. In furtherance of an investigation, the Secretary of State, or a designee, may compel at a specific time and place, by subpoena, the appearance and sworn testimony of any person whom the committee reasonably believes may be able to provide information relating to the allegations of voter disenfranchisement that are under investigation. For this purpose, the Secretary of State, or a designee, is empowered to administer oaths, examine witnesses under oath, and compel any person to produce at a specific time and place, by subpoena, any documents, books, records, papers, objects, or other evidence that the committee reasonably believes may relate to the allegation under investigation. If any person to whom such a subpoena is issued fails to appear or, having appeared, refuses to give testimony, or fails to produce the books, papers, or other documents required, the Secretary of State, or a designee, may apply to the Superior Court and the court may order the person to appear and give testimony or produce the books, papers, or other documents as applicable. Any person failing to obey the court's order may be punished by the court for contempt. g. Any employee who reports incidents of voter disenfranchisement being conducted by their employer, or who provides information to the committee in furtherance of an investigation into their employer, shall be protected by the "Conscientious Employee Protection Act," P.L. 1986, c. 105 (C.34:19-1 et seq.). h. If, upon the conclusion of an investigation, the committee finds that a voter has been disenfranchised within the meaning of this act, P.L. , c. (C. ) (pending before the Legislature as this bill), the committee may impose a reasonable fine on the parties responsible in light of the totality of the circumstances. The committee may collect such fines in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). All fines collected pursuant to this subsection shall be used exclusively in furtherance of the committee's work to prevent and remedy instances of voter disenfranchisement in this State. i. In addition to any fines imposed, the committee may refer any identified violations of law to the Attorney General, county prosecutor, or another appropriate law enforcement agency for further investigation and prosecution. The committee may also refer any pertinent information discovered in the course of an investigation to State or local agencies that oversee the issuance of a license or permit which was used to further conduct that disenfranchised voters or prospective voters. Such agencies may suspend or revoke licenses or permits so used, and may restrict the organization, entity, or person responsible from acquiring such licenses or permits in the future. 7. (New section) a. In every year in which there is a general election held for the election of all the members of the General Assembly, the Secretary of State shall commission an audit of elections policies and procedures which may result in the disenfranchisement of voters in this State, including the existence of any policies or procedures inconsistent with the provisions of this act, P.L. , c. (C. ) (pending before the Legislature as this bill). The audit shall make recommendations on ways to limit voter disenfranchisement, to enfranchise more voters, and to improve the voter experience. b. A final report of the audit, including any recommendations, shall be made publicly available and published on the Secretary of State's Internet website. 8. (New section) The Division of Elections in the Department of State, in collaboration with the county clerks in each county in this State, shall develop and undertake a public awareness campaign to educate voters and prospective voters on their right to participate in elections in this State. The campaign shall include, but need not be limited to, resources to assist in voter registration and requests for mail-in ballots, and methods for reporting instances of voter disenfranchisement, within the meaning of this act, P.L. , c. (C. ) (pending before the Legislature as this bill). 9. R.S.19:50-1 is amended to read as follows: 19:50-1. a. Within 30 days before each election, the county board of elections shall cause new members of the district boards who are to serve in election districts to be instructed in the conduct of elections, and in their duties in connection therewith. The members shall also be instructed in conduct which may constitute voter disenfranchisement, how to ensure all eligible and lawfully registered voters are able to cast their votes, and how to report any observed conduct which may result in the disenfranchisement of a voter on election day. All district board members shall be required to attend said instructional sessions for each election at least once every two years. The instructional sessions shall be conducted in person except that instructional sessions may be offered remotely, by electronic means, to any district board member who has completed the instructional session within the last four years and provided that the county board of elections shall implement procedures to conduct such remote sessions. Such procedures shall be approved by the Secretary of State and reviewed and approved once every two years. The county board of elections shall cause to be given to each member of each district board who has received such instruction and is fully qualified to properly conduct the election, a certificate to that effect. For the purpose of giving such instruction the county board of elections shall call such meeting or meetings of the district boards as shall be necessary. The content of said meeting or meetings shall be limited solely to the instruction of district board members; lobbying or the advancement of political ends shall be prohibited. The members of the district board of each election district shall attend such meeting or meetings as shall be called for the purpose of receiving such instruction concerning their duties as shall be necessary for the proper conduct of the election. No member of any district board shall serve in any election unless the member shall have received such instruction as herein provided and is fully qualified to perform the duties in connection with the election, and has received a certificate to that effect from the county board of elections; but this shall not prevent the appointment of a person as a member of the district board to fill a vacancy in an emergency, as now provided by law. In addition to the foregoing, the county board of elections shall design, prepare and distribute training manuals for district board members, pursuant to guidelines established by the Secretary of State. The county board of elections shall also make the training manual available on its Internet site and on the Internet site of the Division of Elections in the Department of State. b. The Secretary of State shall establish guidelines for the design of training manuals for members of district boards of election, and shall design, prepare and distribute training manuals for members of county boards of election, and county clerks. The Secretary of State shall also make training manuals available on the Internet site of the Division of Elections. (cf: P.L.2022, c.71, s.2) 10. There is appropriated from the General Fund to the Department of State the sum of $100,000 for the purposes of implementing sections 7 and 8 of this act. 11. This act shall take effect 60 days following the date of enactment. STATEMENT This bill defines and prohibits conduct which constitutes voter disenfranchisement in this State and establishes a mechanism for enforcement. In doing so, the bill intends to safeguard the fundamental right to vote and deter bad actors that would seek to undermine this right. Under the bill, to "disenfranchise" a voter means to deny or abridge the right of an individual to vote in an election in this State or to register to vote in this State, including by engaging in conduct prohibited by the bill. The bill prohibits public entities and elections officials from requiring voters or prospective voters to provide identification in order to vote or to register to vote, except when otherwise required by law. The bill also prohibits any person from knowingly and willfully providing false information regarding the eligibility of a person to register to vote, or how, when, or where a person may cast their vote which, if believed, would result in the person being denied their right to vote. Any person who engages in this conduct is guilty of a crime of the second degree, and any election official who engages in this conduct will additionally be barred from serving as an elections official permanently. A crime of the second degree is punishable by imprisonment for five to 10 years, a fine of up to $150,000, or both. Under current law, a person is also prohibited from knowingly and willfully intimidating, threatening, or coercing any person for registering to vote, voting or attempting to register to vote, and from knowingly and willfully depriving or defrauding the residents of this State of a fair and impartially conducted election. These are crimes of the second degree as well. Under current law, polling places selected for the conduct of elections are required to be accessible to the elderly and persons with disabilities. This bill ensures that, in making such selections, the polling places will be accessible to all voters in the election district. Current law allows for selecting polling places which are up to 1,000 feet outside of the election district, with the permission of the Secretary of State. The bill requires that, if such a polling place is selected, it must not impose a severe burden on voters in the election district that it could result in some voters being disenfranchised. Under this bill, any voter or prospective voter who is disenfranchised is authorized to bring a civil action in the Superior Court of the county in which the violation occurred and any organization, entity, or person found to have disenfranchised a voter or prospective voter will be liable for damages, including nominal and punitive damages, in an amount that the court shall deem necessary and appropriate. Additionally, the bill establishes an Independent Election Oversight Committee to investigate and pursue reports of voter disenfranchisement. The committee will consist of seven total members, six of whom will be appointed, and the seventh will be the Secretary of State, or their designee. The appointed members of the committee will serve three year terms and until a successor is appointed. Any vacancy in the membership of the committee will be filled for the unexpired term in the manner in which the original appointment was made. The committee will have the power to appoint, employ, promote, and remove assistants, employees, and personnel as deemed necessary for the efficient and effective administration of the committee, within the limit of funds appropriated for such purposes. The committee will solicit and accept information from members of the public related to the conduct of elections and reports of voter disenfranchisement occurring in this State, and investigate such reports. Any employee who reports incidents of voter disenfranchisement being conducted by their employer, or who provides information to the committee in furtherance of an investigation into their employer, will be subject to the protections of the "Conscientious Employee Protection Act." If the committee finds that a voter has been disenfranchised, the committee may impose a reasonable fine on the parties responsible in light of the totality of the circumstances. All fines collected will be used exclusively in furtherance of the committee's work to prevent and remedy instances of voter disenfranchisement in this State. In addition to any fines imposed, the committee may refer any identified violations of law to the Attorney General, county prosecutor, or another appropriate law enforcement agency for further investigation and prosecution. The committee may also refer any pertinent information discovered in the course of an investigation to State or local agencies that oversee the issuance of a license or permit which was used to further conduct that disenfranchised voters or prospective voters. Such agencies may suspend or revoke licenses or permits so used, and may restrict the organization, entity, or person responsible from acquiring such licenses or permits in the future. Under the bill, all poll workers in this State will be instructed in their poll worker training on the kinds of conduct which may be considered voter disenfranchisement. Poll workers will be instructed on how to avoid this and how to report instances of voter disenfranchisement. The bill also requires the Secretary of State to commission an audit in every year in which there is a general election for all members of the General Assembly in order to asses elections policies and procedures and identify policies and procedures which may result in the disenfranchisement of voters in this State. The audit will recommend changes which should be made to election policies and procedures, and a final report of the audit will be published online. Finally, the bill directs the Division of Elections and the county clerks in each county to conduct a public awareness campaign to inform all residents as to their right to vote in elections. The bill appropriates $100,000 for purposes of the audit and public awareness campaign. |
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| 46 | 46 | | |
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| 47 | 47 | | An Act concerning the disenfranchisement of voters in this State, supplementing Title 19 of the Revised Statutes, amending various parts of the statutory law, and making an appropriation. |
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| 50 | 50 | | |
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| 51 | 51 | | Be It Enacted by the Senate and General Assembly of the State of New Jersey: |
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| 54 | 54 | | |
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| 55 | 55 | | 1. R.S.19:8-2 is amended to read as follows: |
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| 56 | 56 | | |
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| 57 | 57 | | 19:8-2. The clerk of every municipality, on or before April 1 shall certify to the county board of every county wherein such municipality is located a suggested list of places in the municipality suitable for polling places. The county board shall select the polling places for the election districts in the municipalities of the county for all elections in the municipalities thereof, including all commission government elections in the county. The county boards shall not be obliged to select the polling places so suggested by the municipal clerks, but may choose others where they may deem it expedient. Preference in locations shall be given to schools and public buildings where space shall be made available by the authorities in charge, upon request, if same can be done without detrimental interruption of school or the usual public services thereof, and for which the authority in charge shall be reimbursed, by agreement, for expenses of light, janitorial and other attending services arising from such use. Each polling place selected shall be accessible to individuals with disabilities and the elderly. A polling place shall be considered accessible if it is in compliance with the federal "Americans with Disabilities Act of 1990" (42 U.S.C. s. 12101 et seq.). A polling place shall not be selected unless it is accessible and conveniently located for all voters within the election district. In no case shall the authorities in charge of a public school or other public building deny the request of the county board for the use, as a polling place, of any building they own or lease. |
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| 58 | 58 | | |
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| 59 | 59 | | Where the county board shall fail to agree as to the selection of the polling place or places for any election district, within five days of an election, the county clerk shall select and designate the polling place or places in any such election district. |
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| 60 | 60 | | |
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| 61 | 61 | | The county board may select a polling place other than a schoolhouse or public building outside of the district but such polling place shall not be located more than 1,000 feet distant from the boundary line of the district. The Secretary of State may, however, permit a polling place to be more than 1,000 feet distant from the boundary line of the district if there is no suitable polling place accessible to individuals with disabilities and the elderly within the district or 1,000 feet distant from the boundary line of the district, provided that the selection of such polling place does not impose a severe burden on the voters in the election district so as to disenfranchise such voters. |
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| 62 | 62 | | |
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| 63 | 63 | | Whenever possible, the county board shall contact the managers or owners of commercial or private buildings that the board deems suitable to use as polling places, and are in or near an election district lacking an accessible polling place, to determine whether a portion of such a building may be used as a polling place on the day of an election. Reimbursement for the use of a portion of such a building shall be the same as provided by this section for schools and public buildings. |
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| 64 | 64 | | |
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| 65 | 65 | | Neither the owner nor operator of a facility designated as a polling place by the county board is permitted or authorized to relocate the polling place room in the building without the express prior approval of the board. |
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| 66 | 66 | | |
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| 67 | 67 | | (cf: P.L.2011, c.134, s.11) |
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| 68 | 68 | | |
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| 69 | 69 | | |
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| 70 | 70 | | |
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| 71 | 71 | | 2. Section 43 of P.L.1994, c.182 (C.19:34-1.1) is amended to read as follows: |
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| 72 | 72 | | |
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| 73 | 73 | | 43. a. Any person, other than an election official, who: |
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| 74 | 74 | | |
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| 75 | 75 | | (1) knowingly and willfully intimidates, threatens or coerces, or attempts to intimidate, threaten or coerce, any person for registering to vote, voting or attempting to register to vote or vote, urging or aiding any person to register to vote, to vote or to attempt to register or vote or exercising any right under the provisions of P.L.1994, c.182 (C.19:31-6.11 et al.); [or] |
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| 76 | 76 | | |
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| 77 | 77 | | (2) knowingly and willfully deprives, defrauds or attempts to deprive or defraud the residents of this State of a fair and impartially conducted election by the procurement or submission of voter registration applications that are known by the person to be materially false, fictitious or fraudulent under the provisions of Title 19 of the Revised Statutes or the procurement, casting or tabulation of ballots that are known by the person to be materially false, fictitious or fraudulent under the provisions of Title 19 of the Revised Statutes; or |
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| 78 | 78 | | |
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| 79 | 79 | | (3) knowingly and willfully provides false information regarding the eligibility of a person to register to vote, or how, when, or where a person may cast a vote which, if believed by the person, would result in the person being denied the right to vote, is guilty of a crime of the second degree. |
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| 80 | 80 | | |
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| 81 | 81 | | b. Any election official who: |
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| 82 | 82 | | |
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| 83 | 83 | | (1) knowingly and willfully intimidates, threatens or coerces, or attempts to intimidate, threaten or coerce, any person for registering to vote, voting or attempting to register to vote or vote, urging or aiding any person to register to vote, to vote or to attempt to register or vote, or exercising any right under the provisions of P.L.1994, c.182 (C.19:31-6.11 et al.); [or] |
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| 84 | 84 | | |
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| 85 | 85 | | (2) knowingly and willfully deprives, defrauds or attempts to deprive or defraud the residents of this State of a fair and impartially conducted election by the procurement or submission of voter registration applications that are known by the election official to be materially false, fictitious or fraudulent under the provisions of Title 19 of the Revised Statutes or the procurement, casting or tabulation of ballots that are known by the election official to be materially false, fictitious or fraudulent under the provisions of Title 19 of the Revised Statutes; or |
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| 86 | 86 | | |
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| 87 | 87 | | (3) knowingly and willfully provides false information regarding the eligibility of a person to register to vote, or how, when, or where a person may cast a vote which, if believed by the person, would result in the person being denied the right to vote, is guilty of a crime of the second degree and, in addition to any other penalties provided under the law, shall be permanently barred from serving as an election official. |
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| 88 | 88 | | |
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| 89 | 89 | | c. As used in this section, "election official" shall include, but not be limited to, any superintendent or deputy superintendent of elections, commissioner of registration, member of a county board of elections, county clerk, municipal clerk, member of a district board of elections, member of a board of county canvassers and member of a board of State canvassers. |
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| 90 | 90 | | |
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| 91 | 91 | | (cf: P.L.2005, c.154, s.21) |
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| 93 | 93 | | |
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| 94 | 94 | | |
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| 95 | 95 | | 3. (New section) As used in this act, P.L. , c. (C. ) (pending before the Legislature as this bill): |
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| 96 | 96 | | |
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| 97 | 97 | | "Disenfranchise" means to deny or abridge the right of an individual to vote in an election in this State or to register to vote in this State, and shall include, but may not be limited to, conduct prohibited pursuant to this act. |
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| 98 | 98 | | |
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| 99 | 99 | | "Election official" means, but is not limited to, any superintendent or deputy superintendent of elections, commissioner of registration, member of a county board of elections, county clerk, municipal clerk, member of a district board of elections, member of a board of county canvassers and member of a board of State canvassers. |
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| 100 | 100 | | |
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| 101 | 101 | | "Prospective voter" means a person who is eligible to vote in this State but has not yet successfully registered to vote. |
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| 102 | 102 | | |
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| 103 | 103 | | "Voter" means a person who is eligible and lawfully registered to vote in this State. |
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| 104 | 104 | | |
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| 105 | 105 | | |
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| 106 | 106 | | |
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| 107 | 107 | | 4. (New section) a. No State agency, board, or commission, or any county or local government, or agency, board, or commission thereof, shall require a person to present identification in order to vote or to register to vote, except as otherwise provided by State or federal law. |
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| 108 | 108 | | |
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| 109 | 109 | | b. No election official shall ask or order a voter or prospective voter to produce identification in order to vote or to register to vote, except as provided by State or federal law. Any election official who violates the provisions of this section shall be guilty of a crime of the second degree and, in addition to any other penalties provided under the law, shall be permanently barred from serving as an election official. |
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| 110 | 110 | | |
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| 111 | 111 | | |
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| 112 | 112 | | |
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| 113 | 113 | | 5. (New section) In addition to any criminal penalties provided by law, any organization, entity, or person found guilty of engaging in conduct which disenfranchises a voter or prospective voter of this State, within the meaning of this act, P.L. , c. (C. ) (pending before the Legislature as this bill), may be subject to civil liability in an action brought by the voter or prospective voter so disenfranchised. |
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| 114 | 114 | | |
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| 115 | 115 | | The voter or prospective voter may file an action in the Superior Court of the county in which the violation occurred and any organization, entity, or person found to have disenfranchised a voter or prospective voter shall be liable for damages, including nominal and punitive damages, in an amount that the court shall deem necessary and appropriate. |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 118 | 118 | | |
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| 119 | 119 | | 6. (New section) a. There is established in, but not of, the Department of State an Independent Election Oversight Committee, which shall be responsible for monitoring elections and ensuring that no voter or prospective voter is disenfranchised in this State. |
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| 120 | 120 | | |
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| 121 | 121 | | b. The committee shall consist of seven members, who shall be residents of this State and qualified by their expertise in election law or elections administration. The members shall be appointed as follows: |
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| 122 | 122 | | |
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| 123 | 123 | | two members shall be appointed by the Governor upon the recommendation of the Senate President; |
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| 124 | 124 | | |
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| 125 | 125 | | two members shall be appointed by the Governor upon the recommendation of the Speaker of the General Assembly; |
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| 126 | 126 | | |
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| 127 | 127 | | one member shall be appointed by the Governor upon the recommendation of the Minority Leader of the Senate; |
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| 128 | 128 | | |
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| 129 | 129 | | one member shall be appointed by the Governor upon the recommendation of the Minority Leader of the General Assembly; and |
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| 130 | 130 | | |
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| 131 | 131 | | the Secretary of State, or a designee, who shall serve ex officio and shall be the Chair of the committee. |
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| 132 | 132 | | |
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| 133 | 133 | | c. The appointed members of the committee shall serve for a three year term and until a successor is appointed. Any vacancy in the membership of the committee shall be filled for the unexpired term in the manner in which the original appointment was made. |
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| 134 | 134 | | |
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| 135 | 135 | | d. The members shall not receive a salary but may be reimbursed for reasonable expenses incurred in the performance of their duties, within the limits of funds appropriated or otherwise made available to the committee for its purposes. |
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| 136 | 136 | | |
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| 137 | 137 | | e. The committee shall have the power to appoint, employ, promote, and remove assistants, employees, and personnel as deemed necessary for the efficient and effective administration of the committee, within the limit of funds appropriated for such purposes. |
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| 138 | 138 | | |
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| 139 | 139 | | f. The committee shall solicit and accept information from members of the public related to the conduct of elections and reports of voter disenfranchisement occurring in this State. The committee shall investigate such reports and information. |
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| 140 | 140 | | |
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| 141 | 141 | | In furtherance of an investigation, the Secretary of State, or a designee, may compel at a specific time and place, by subpoena, the appearance and sworn testimony of any person whom the committee reasonably believes may be able to provide information relating to the allegations of voter disenfranchisement that are under investigation. For this purpose, the Secretary of State, or a designee, is empowered to administer oaths, examine witnesses under oath, and compel any person to produce at a specific time and place, by subpoena, any documents, books, records, papers, objects, or other evidence that the committee reasonably believes may relate to the allegation under investigation. |
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| 142 | 142 | | |
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| 143 | 143 | | If any person to whom such a subpoena is issued fails to appear or, having appeared, refuses to give testimony, or fails to produce the books, papers, or other documents required, the Secretary of State, or a designee, may apply to the Superior Court and the court may order the person to appear and give testimony or produce the books, papers, or other documents as applicable. Any person failing to obey the court's order may be punished by the court for contempt. |
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| 144 | 144 | | |
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| 145 | 145 | | g. Any employee who reports incidents of voter disenfranchisement being conducted by their employer, or who provides information to the committee in furtherance of an investigation into their employer, shall be protected by the "Conscientious Employee Protection Act," P.L. 1986, c. 105 (C.34:19-1 et seq.). |
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| 146 | 146 | | |
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| 147 | 147 | | h. If, upon the conclusion of an investigation, the committee finds that a voter has been disenfranchised within the meaning of this act, P.L. , c. (C. ) (pending before the Legislature as this bill), the committee may impose a reasonable fine on the parties responsible in light of the totality of the circumstances. The committee may collect such fines in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). |
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| 148 | 148 | | |
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| 149 | 149 | | All fines collected pursuant to this subsection shall be used exclusively in furtherance of the committee's work to prevent and remedy instances of voter disenfranchisement in this State. |
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| 150 | 150 | | |
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| 151 | 151 | | i. In addition to any fines imposed, the committee may refer any identified violations of law to the Attorney General, county prosecutor, or another appropriate law enforcement agency for further investigation and prosecution. |
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| 152 | 152 | | |
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| 153 | 153 | | The committee may also refer any pertinent information discovered in the course of an investigation to State or local agencies that oversee the issuance of a license or permit which was used to further conduct that disenfranchised voters or prospective voters. Such agencies may suspend or revoke licenses or permits so used, and may restrict the organization, entity, or person responsible from acquiring such licenses or permits in the future. |
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| 154 | 154 | | |
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| 155 | 155 | | |
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| 156 | 156 | | |
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| 157 | 157 | | 7. (New section) a. In every year in which there is a general election held for the election of all the members of the General Assembly, the Secretary of State shall commission an audit of elections policies and procedures which may result in the disenfranchisement of voters in this State, including the existence of any policies or procedures inconsistent with the provisions of this act, P.L. , c. (C. ) (pending before the Legislature as this bill). |
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| 158 | 158 | | |
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| 159 | 159 | | The audit shall make recommendations on ways to limit voter disenfranchisement, to enfranchise more voters, and to improve the voter experience. |
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| 160 | 160 | | |
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| 161 | 161 | | b. A final report of the audit, including any recommendations, shall be made publicly available and published on the Secretary of State's Internet website. |
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| 162 | 162 | | |
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| 163 | 163 | | |
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| 164 | 164 | | |
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| 165 | 165 | | 8. (New section) The Division of Elections in the Department of State, in collaboration with the county clerks in each county in this State, shall develop and undertake a public awareness campaign to educate voters and prospective voters on their right to participate in elections in this State. The campaign shall include, but need not be limited to, resources to assist in voter registration and requests for mail-in ballots, and methods for reporting instances of voter disenfranchisement, within the meaning of this act, P.L. , c. (C. ) (pending before the Legislature as this bill). |
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| 166 | 166 | | |
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| 167 | 167 | | |
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| 168 | 168 | | |
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| 169 | 169 | | 9. R.S.19:50-1 is amended to read as follows: |
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| 170 | 170 | | |
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| 171 | 171 | | 19:50-1. a. Within 30 days before each election, the county board of elections shall cause new members of the district boards who are to serve in election districts to be instructed in the conduct of elections, and in their duties in connection therewith. The members shall also be instructed in conduct which may constitute voter disenfranchisement, how to ensure all eligible and lawfully registered voters are able to cast their votes, and how to report any observed conduct which may result in the disenfranchisement of a voter on election day. All district board members shall be required to attend said instructional sessions for each election at least once every two years. The instructional sessions shall be conducted in person except that instructional sessions may be offered remotely, by electronic means, to any district board member who has completed the instructional session within the last four years and provided that the county board of elections shall implement procedures to conduct such remote sessions. Such procedures shall be approved by the Secretary of State and reviewed and approved once every two years. The county board of elections shall cause to be given to each member of each district board who has received such instruction and is fully qualified to properly conduct the election, a certificate to that effect. For the purpose of giving such instruction the county board of elections shall call such meeting or meetings of the district boards as shall be necessary. The content of said meeting or meetings shall be limited solely to the instruction of district board members; lobbying or the advancement of political ends shall be prohibited. The members of the district board of each election district shall attend such meeting or meetings as shall be called for the purpose of receiving such instruction concerning their duties as shall be necessary for the proper conduct of the election. No member of any district board shall serve in any election unless the member shall have received such instruction as herein provided and is fully qualified to perform the duties in connection with the election, and has received a certificate to that effect from the county board of elections; but this shall not prevent the appointment of a person as a member of the district board to fill a vacancy in an emergency, as now provided by law. In addition to the foregoing, the county board of elections shall design, prepare and distribute training manuals for district board members, pursuant to guidelines established by the Secretary of State. The county board of elections shall also make the training manual available on its Internet site and on the Internet site of the Division of Elections in the Department of State. |
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| 172 | 172 | | |
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| 173 | 173 | | b. The Secretary of State shall establish guidelines for the design of training manuals for members of district boards of election, and shall design, prepare and distribute training manuals for members of county boards of election, and county clerks. The Secretary of State shall also make training manuals available on the Internet site of the Division of Elections. |
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| 174 | 174 | | |
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| 175 | 175 | | (cf: P.L.2022, c.71, s.2) |
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| 176 | 176 | | |
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| 177 | 177 | | |
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| 178 | 178 | | |
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| 179 | 179 | | 10. There is appropriated from the General Fund to the Department of State the sum of $100,000 for the purposes of implementing sections 7 and 8 of this act. |
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| 180 | 180 | | |
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| 181 | 181 | | |
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| 182 | 182 | | |
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| 183 | 183 | | 11. This act shall take effect 60 days following the date of enactment. |
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| 184 | 184 | | |
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| 185 | 185 | | STATEMENT |
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| 186 | 186 | | |
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| 187 | 187 | | |
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| 188 | 188 | | |
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| 189 | 189 | | This bill defines and prohibits conduct which constitutes voter disenfranchisement in this State and establishes a mechanism for enforcement. In doing so, the bill intends to safeguard the fundamental right to vote and deter bad actors that would seek to undermine this right. |
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| 190 | 190 | | |
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| 191 | 191 | | Under the bill, to "disenfranchise" a voter means to deny or abridge the right of an individual to vote in an election in this State or to register to vote in this State, including by engaging in conduct prohibited by the bill. |
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| 192 | 192 | | |
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| 193 | 193 | | The bill prohibits public entities and elections officials from requiring voters or prospective voters to provide identification in order to vote or to register to vote, except when otherwise required by law. The bill also prohibits any person from knowingly and willfully providing false information regarding the eligibility of a person to register to vote, or how, when, or where a person may cast their vote which, if believed, would result in the person being denied their right to vote. Any person who engages in this conduct is guilty of a crime of the second degree, and any election official who engages in this conduct will additionally be barred from serving as an elections official permanently. A crime of the second degree is punishable by imprisonment for five to 10 years, a fine of up to $150,000, or both. |
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| 194 | 194 | | |
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| 195 | 195 | | Under current law, a person is also prohibited from knowingly and willfully intimidating, threatening, or coercing any person for registering to vote, voting or attempting to register to vote, and from knowingly and willfully depriving or defrauding the residents of this State of a fair and impartially conducted election. These are crimes of the second degree as well. |
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| 196 | 196 | | |
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| 197 | 197 | | Under current law, polling places selected for the conduct of elections are required to be accessible to the elderly and persons with disabilities. This bill ensures that, in making such selections, the polling places will be accessible to all voters in the election district. |
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| 198 | 198 | | |
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| 199 | 199 | | Current law allows for selecting polling places which are up to 1,000 feet outside of the election district, with the permission of the Secretary of State. The bill requires that, if such a polling place is selected, it must not impose a severe burden on voters in the election district that it could result in some voters being disenfranchised. |
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| 200 | 200 | | |
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| 201 | 201 | | Under this bill, any voter or prospective voter who is disenfranchised is authorized to bring a civil action in the Superior Court of the county in which the violation occurred and any organization, entity, or person found to have disenfranchised a voter or prospective voter will be liable for damages, including nominal and punitive damages, in an amount that the court shall deem necessary and appropriate. |
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| 202 | 202 | | |
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| 203 | 203 | | Additionally, the bill establishes an Independent Election Oversight Committee to investigate and pursue reports of voter disenfranchisement. The committee will consist of seven total members, six of whom will be appointed, and the seventh will be the Secretary of State, or their designee. |
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| 204 | 204 | | |
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| 205 | 205 | | The appointed members of the committee will serve three year terms and until a successor is appointed. Any vacancy in the membership of the committee will be filled for the unexpired term in the manner in which the original appointment was made. |
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| 206 | 206 | | |
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| 207 | 207 | | The committee will have the power to appoint, employ, promote, and remove assistants, employees, and personnel as deemed necessary for the efficient and effective administration of the committee, within the limit of funds appropriated for such purposes. |
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| 208 | 208 | | |
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| 209 | 209 | | The committee will solicit and accept information from members of the public related to the conduct of elections and reports of voter disenfranchisement occurring in this State, and investigate such reports. |
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| 210 | 210 | | |
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| 211 | 211 | | Any employee who reports incidents of voter disenfranchisement being conducted by their employer, or who provides information to the committee in furtherance of an investigation into their employer, will be subject to the protections of the "Conscientious Employee Protection Act." |
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| 212 | 212 | | |
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| 213 | 213 | | If the committee finds that a voter has been disenfranchised, the committee may impose a reasonable fine on the parties responsible in light of the totality of the circumstances. |
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| 214 | 214 | | |
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| 215 | 215 | | All fines collected will be used exclusively in furtherance of the committee's work to prevent and remedy instances of voter disenfranchisement in this State. |
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| 216 | 216 | | |
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| 217 | 217 | | In addition to any fines imposed, the committee may refer any identified violations of law to the Attorney General, county prosecutor, or another appropriate law enforcement agency for further investigation and prosecution. |
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| 218 | 218 | | |
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| 219 | 219 | | The committee may also refer any pertinent information discovered in the course of an investigation to State or local agencies that oversee the issuance of a license or permit which was used to further conduct that disenfranchised voters or prospective voters. Such agencies may suspend or revoke licenses or permits so used, and may restrict the organization, entity, or person responsible from acquiring such licenses or permits in the future. |
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| 220 | 220 | | |
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| 221 | 221 | | Under the bill, all poll workers in this State will be instructed in their poll worker training on the kinds of conduct which may be considered voter disenfranchisement. Poll workers will be instructed on how to avoid this and how to report instances of voter disenfranchisement. |
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| 222 | 222 | | |
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| 223 | 223 | | The bill also requires the Secretary of State to commission an audit in every year in which there is a general election for all members of the General Assembly in order to asses elections policies and procedures and identify policies and procedures which may result in the disenfranchisement of voters in this State. The audit will recommend changes which should be made to election policies and procedures, and a final report of the audit will be published online. |
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| 224 | 224 | | |
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| 225 | 225 | | Finally, the bill directs the Division of Elections and the county clerks in each county to conduct a public awareness campaign to inform all residents as to their right to vote in elections. |
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| 226 | 226 | | |
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| 227 | 227 | | The bill appropriates $100,000 for purposes of the audit and public awareness campaign. |
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