| 1 | 1 | | SENATE, No. 3009 STATE OF NEW JERSEY 221st LEGISLATURE INTRODUCED APRIL 8, 2024 |
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| 3 | 3 | | SENATE, No. 3009 |
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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 APRIL 8, 2024 |
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| 15 | 15 | | Sponsored by: Senator SHIRLEY K. TURNER District 15 (Hunterdon and Mercer) SYNOPSIS Establishes "John R. Lewis Voter Empowerment Act of New Jersey." CURRENT VERSION OF TEXT As introduced. |
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| 19 | 19 | | Sponsored by: |
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| 21 | 21 | | Senator SHIRLEY K. TURNER |
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| 23 | 23 | | District 15 (Hunterdon and Mercer) |
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| 33 | 33 | | SYNOPSIS |
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| 35 | 35 | | Establishes "John R. Lewis Voter Empowerment Act of New Jersey." |
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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 establishing the "John R. Lewis Voter Empowerment Act of New Jersey" and supplementing Title 19 of the Revised Statutes. 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 are not impaired in voting, including, but not limited to having their votes counted; (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. c. The authority to prescribe or maintain voting or elections policies and practices shall not be so exercised as to unnecessarily deny or abridge the right to vote. Policies and practices that burden the right to vote shall be narrowly tailored to promote a compelling policy justification that shall be supported by substantial evidence. 3. As used in this act, P.L. , c. (C. )(pending before the Legislature as this bill): "Alternative method of election" means a method of electing candidates to the legislative body of a local government or political subdivision other than at-large method of election or a district-based method of election and which may include, but is not limited to, proportional ranked-choice voting, cumulative voting and limited voting; "Deceptive or fraudulent device, contrivance, or communication" means one that contains 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. "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 a denial of administrative or judicial preclearance by the State or federal or local government, pending litigation filed by a federal or State or local entity, a final judgment or adjudication, a consent decree, or similar formal action. "Limited English proficient" means individuals who do not speak English as their primary language and who speak, read, or understand 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 any member of the offices of the county clerk, county board of elections, commissioner or registration, or superintendent of elections. "Political subdivision" means a geographic area of representation created for the provision of government services, including, but not limited to, a county, 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 Attorney General or a court of this State of any changes related to a covered policy of a covered entity, as defined under section 13 of this act. "Protected class" means individuals who are members of a racial, color, or language minority, or two or more such groups and includes: (i) individuals who are members of a racial, color, or language minority group as that term has been interpreted under the federal Voting Rights Act; or (ii) individuals who are members of a minimum reporting category that has ever been officially recognized or considered through notice and comment by the United States Census Bureau. "Racially polarized voting" means voting in which there is a divergence in the candidate, political preferences, or electoral choice of members in a protected class from the candidate, political preferences, or electoral choice of other electors. 4. a. For the purposes of this act, P.L. , c. (C. )(pending before the Legislature as this bill), the Attorney General of the State of New Jersey shall act as the chief legal officer and shall be charged with enforcing the provisions under this act as well as provisions of any federal, state or local law with respect to voting rights and elections. b. The functions, powers, and duties of the Attorney General as chief legal officer for voting rights and election-related matters shall be to ensure the protection and enforcement of federal, state, and local voting rights for all persons within this State. The Attorney General shall do so by enforcing all provisions under this act as well as provisions of any federal, state or local law with respect to voting rights and election-related matters, as well as by carrying out any responsibilities assigned to the Attorney General by this act or taking any action that may be needed to carry out such responsibilities. (1) The Attorney General shall have the authority to conduct investigations and issue subpoenas pursuant to subsections 16 and 17 of this act, initiate studies, conduct research, present comments and testimony before governmental bodies, issue reports, promulgate rules or regulations related to voting rights, litigate cases on behalf of individuals or the public, and produce and disseminate guidance on any matters that fall within the Attorney General's jurisdiction. (2) The Attorney General shall have the right to represent the public interest in any federal proceedings, including but not limited to proceedings before the Committee on House Administration, Committee on Rules and Administration, Committee on the Judiciary, the Federal Elections Commission, and any other such federal committees that hold proceedings related to voting rights. c. At least once annually, the Attorney General, or a designee thereof, shall present on voting rights and elections-related matters and actions taken by the Attorney General for the previous calendar year, including any new policies, rules, or changes in procedures or process promulgated by the Attorney General and a summary of actions taken to enforce the provisions of this act, at a hearing in front of the Legislature and answer any questions or provide any information asked for by the Legislature. d. Henceforth, the Attorney General shall not act as the legal adviser, attorney or counsel for any officers, departments, boards, bodies, commissions or instrumentalities of the state government in matters of voting or elections; and may not represent them in any proceedings or actions of any kind related to voting or elections which may be brought for or against them in any court. 5. 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 applies to any action to enact or seek to administer any such voting qualification, prerequisite to voting, law, ordinance, standard, practice, procedure, regulation, or policy taken on or after the effective date of this act. a. Violations of this subsection shall include a stage agency, local election office, or political subdivision imposing any qualification for eligibility to be an elector, imposing any other prerequisite to voting, imposing any ordinance, regulation, or other law regarding the administration of elections, or imposing any standard, practice, procedure, or policy in a manner that results in, will likely result in, or is intended to result in, either of the following: (1) a disparity in voter participation, access to voting opportunities, or the opportunity or ability to participate in the political process 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 and elect candidates of the elector's choice or otherwise influence the outcome of elections. b. There is a rebuttable presumption that an impairment exists under subsection 5(a)(2) in circumstances that include, but are not limited to, any of the following: (1) A stage agency, local election office, or political subdivision closes, moves, or consolidates 1 or more precincts, polling places, or absent voter ballot drop boxes in a manner that impairs the right to vote of members of a protected class or results in a disparity in geographic access between members of a protected class and other members of the electorate; or (2) A stage agency, local election office, or political subdivision changes the time or date of an election in a manner that impairs the right to vote of members of a protected class, including, but not limited to, making the change without proper notice as required by law; or (3) A stage agency, local election office, or political subdivision fails to provide voting or election materials and assistance in languages other than English as required by federal or state law; or (4) A stage agency, local election office, or political subdivision conducts general or primary elections on dates that do not align with the date of federal or state general or primary elections, resulting in a disparity in levels of participation between protected class voters and other voters that exceeds any disparity in federal or state general or primary elections; or (5) For any state or local office, a special election is called on a date that would reasonably result in a disparity in levels of participation between protected class voters and other voters, and there exists an alternate date in a reasonable timeframe in which the disparity would be materially less significant; or (6) For any state or local office, a special election is not scheduled on a reasonable timeframe for an office in which protected class voters would be able to elect candidates of their choice or otherwise influence the outcome of elections. 6. 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. The following shall constitute a violation of this section: a. A local election office or political subdivision employs an at-large method of election, and: (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, 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 is impaired; and (2) One or more new methods of election or modifications to the existing method of election exist that the court could order pursuant to section 8 of this act, P.L. , c. (C. )(pending before the Legislature as this bill), that would likely mitigate the impairment of the equal opportunity or ability of protected class members to nominate or elect candidates of their choice. 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, it is not necessary to show that members of a protected class comprise a majority in any such district or districts. b. A local election office or political subdivision employs a district-based or alternative method of election and: (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, 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 is impaired; and (2) One or more new methods of election or modifications to the existing method of election exist that the court could order pursuant to section 8 of this act, P.L. , c. (C. )(pending before the Legislature as this bill), that would likely mitigate the impairment of the equal opportunity or ability of protected class members to nominate or elect candidates of their choice. 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, it is not necessary to show that members of a protected class comprise a majority in any such district or districts. c. For the purposes of demonstrating whether voting patterns of members of a protected class within a political subdivision are racially polarized, evidence shall be weighed and considered as follows: (1) elections conducted prior to the filing of an action pursuant to this act are more probative than elections conducted after the filing of the action; (2) evidence concerning elections for any office in that local government, including executive, legislative, judicial and other offices of that local government, is more probative than evidence concerning elections for other offices, but evidence concerning elections for other offices may still be afforded probative value; (3) statistical evidence is more probative than non-statistical evidence, but non-statistical evidence, including survey data, may still be afforded probative value; (4) where there is evidence that the protected class is comprised of two or more politically cohesive racial, color or language minority groups in the political subdivision, only the combined electoral preferences of the protected class shall be considered and the protected class shall not be required to prove that each racial, color or language group comprising the protected class is separately polarized from the rest of the electorate; (5) evidence concerning the intent on the part of the voters, elected officials, or the local election office or political subdivision to discriminate against a protected class shall be not required; (6) evidence that voting patterns and election outcomes could be explained by factors other than racially polarized voting, including, but not limited to, partisanship, shall not be considered; (7) evidence that sub-groups within a protected class have different voting patterns shall not be considered; (8) evidence concerning whether members of a protected class are geographically compact or concentrated shall not be considered, but may be a factor in determining an appropriate remedy; and (9) evidence concerning projected changes in population or demographics shall not be considered, but may be a factor, in determining an appropriate remedy. 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. )(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 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 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 extent to which members of the protected class are disadvantaged in other areas which may hinder their ability to participate effectively in the political process; (8) the use of overt or subtle racial appeals in political campaigns or by government officials; (9) a significant lack of responsiveness on the part of elected officials to the particularized needs of members of the protected class; and (10) 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. b. Evidence of these factors is most probative if the evidence relates to the political subdivision in which the alleged violation occurred, but still holds 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 an impairment has occurred. d. In determining whether a violation of section 6 of this act, P.L. , c. (C. )(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. e. Further, in any action under this act, the federal Voting Rights Act, or a voting-related violation of the New Jersey Constitution or United States Constitution, no sovereign, governmental, executive, legislative, or deliberative immunities and privileges, including any evidentiary privileges, may be asserted to limit the scope of relevant discovery. However, this subsection shall have no effect on any attorney-client or attorney work-product privileges. 8. a. Upon a finding of a violation of any provision of this act, a court of this State shall implement appropriate remedies to ensure that members of protected classes have equitable access to fully participate in the electoral process. A court of this State shall consider proposed remedies by any parties and interested non-parties, but shall not provide deference or priority to a proposed remedy offered by the political subdivision. The court shall have the power to require a local election office or political subdivision to implement remedies that are inconsistent with any other provision of law where such inconsistent provision of law would preclude the court from ordering an otherwise appropriate remedy in such matter. b. Upon a finding of a violation of the vote dilution cause of action, the court shall implement appropriate remedies which may include, but shall not be limited to, the following: (1) transitioning to a district-based method of election or an alternative method of election, if an at-large method of election has been found to violate this act; (2) ordering the adoption of new or revised redistricting plans or an alternative method of election, if a district-based method of election or alternative method of election has been found in to violate this act; (3) modifying the election calendar, including ordering a special election or moving the date of an election, consistent with federal and State law, to be concurrent with the primary or general election dates for State, county, or local public office; (4) eliminating staggered elections so that all members of the governing body are elected on the same date; (5) reasonably increasing the size of the governing body; (6) providing for shortened or lengthened terms on a one-time basis if necessary to implement a remedy; (7) ordering alternative methods to conduct an election, including, but not limited to, ranked-choice voting, cumulative voting and limited voting; or (8) retaining jurisdiction for such period of time on a given matter as the court may deem appropriate, during which no voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting different from that in force or effect at the time the proceeding was commenced shall be enforced unless and until the court finds that such qualification, prerequisite, standard, practice, or procedure does not have the purpose and will not have the effect of denying or abridging the right to vote on the basis of protected class membership, or in contravention of the voting guarantees set forth in this act, except that the court's finding shall not bar a subsequent action to enjoin enforcement of such qualification, prerequisite, standard, practice or procedure. c. Upon a finding of a violation of the voter suppression cause of action, the court shall implement appropriate remedies which may include, but shall not be limited to, the following: (1) modifying the election calendar, including ordering a special election or moving the date of an election, consistent with federal and State law, to be concurrent with the primary or general election dates for State, county, or local public office, if the violation concerns the date of an election; (2) eliminating staggered elections so that all members of the governing body are elected on the same date; (3) extending the timeline for voters to return their ballots; (4) providing for shortened or lengthened terms on a one-time basis if necessary to implement a remedy; (5) ordering additional voting hours or days; (6) ordering additional polling locations, including early voting sites; (7) providing for additional means of voting such as voting by mail or ballot drop boxes; (8) requiring expanded opportunities for voter registration; (9) requiring additional voter education; (10) ordering the restoration or addition of persons to registration lists; or (11) retaining jurisdiction for such period of time on a given matter as the court may deem appropriate, during which no voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting different from that in force or effect at the time the proceeding was commenced shall be enforced unless and until the court finds that such qualification, prerequisite, standard, practice, or procedure does not have the purpose and will not have the effect of denying or abridging the right to vote on the basis of protected class membership, or in contravention of the voting guarantees set forth in this act, except that the court's finding shall not bar a subsequent action to enjoin enforcement of such qualification, prerequisite, standard, practice, or procedure. 9. a. Voting qualifications, prerequisites to voting, laws, ordinances, standards, practices, procedures, regulations, or policies are prohibited that burden the right to vote, including registering to vote, for any individual or community on the basis of age, disability, sexual orientation, including gender identity and gender presentation, or criminal history, unless such voting qualifications, prerequisites to voting, laws, ordinances, standards, practices, procedures, regulations, or policies are narrowly tailored to promote a compelling policy justification that is supported by substantial evidence. b. Any person, including any organization on behalf of an impacted person or community, alleging a violation of this subsection 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 actor as may be determined 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 conduct an election, or enact and implement a new apportionment or redistricting plan, shall undertake each of the steps enumerated in this section concerning draft or redistricting plans and, if applicable, NJVEA notification letters, as defined in section 11 of this act, P.L. , c. (C. )(pending before the Legislature as this bill), or the filing of a claim pursuant to this act or the federal Voting Rights Act. b. Before drawing a draft or redistricting plan or plans of the proposed boundaries of the districts, the political subdivision shall hold public hearings, 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 hearings. and at least 5,000 residents must 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 or redistricting process and to encourage public participation. c. After all draft or redistricting plans are drawn, the political subdivision shall publish 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 10(c), the political subdivision shall also hold at least two additional hearings, at which the public, including limited English proficient communities, shall be invited to provide input regarding the content of the draft or redistricting plan or plans and the proposed sequence of elections, if applicable. The draft or redistricting plan or plans shall be published at least seven days before consideration at a hearing. If the draft or redistricting plan or plans are revised at or following a 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 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 hearing. Any further changes to the revised draft plan following the additional public hearing shall not require a second additional public hearing. e. In determining the final sequence of the district elections conducted in a political subdivision in which members of the governing body will be elected at different times to provide for staggered terms of office, the governing body shall give special consideration to the purposes of this act, and it shall take into account the preferences expressed by members of the districts. 11. a. Before commencing a judicial action against a political subdivision under this section, 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 a "NJVEA notification letter" in this act. For actions against a school district, the prospective plaintiff shall also send by certified mail a copy of the NJVEA notification letter to the Commissioner of Education. 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 a NJVEA notification letter. c. Before receiving a NJVEA notification letter, or within 50 days of mailing of a NJVEA notification letter, the governing body of a political subdivision may pass a resolution 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 a "NJVEA resolution" in this act. If a political subdivision passes a NJVEA resolution, such political subdivision shall have 90 days after such passage to enact and implement such remedy, during which a prospective plaintiff shall not commence an action to enforce this section against the political subdivision. For actions against a school district, the Commissioner of Education may order the enactment of a NJVEA resolution. 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 a NJVEA resolution, or fails to enact or implement a remedy identified in a NJVEA resolution, within 90 days after the passage of the NJVEA resolution, 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 Attorney General. Such a submission shall be referred to as a "NJVEA proposal" in this act; (2) prior to passing a 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 Attorney General shall grant or deny approval of the NJVEA proposal; and (4) the Attorney General 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, New Jersey Constitution, or any federal or State law; and (d) implementation of the NJVEA proposal is feasible. (5) if the Attorney General grants approval, the NJVEA proposal shall be enacted and implemented immediately, notwithstanding any other law, rule, or regulation to the contrary; (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 Attorney General; (7) if the Attorney General denies approval, the NJVEA proposal shall not be enacted or implemented, and the Attorney General 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 Attorney General does not respond, the NJVEA proposal shall not be enacted or implemented. f. If, pursuant to a process commenced by a NJVEA notification letter, a political subdivision enacts or implements a remedy or the Attorney General grants approval to a 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, 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. g. 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 7 or section 9 of this act, P.L. , c. (C. )(pending before the Legislature as this bill), under any of the following circumstances: (1) the action is commenced within 1 year after the adoption of the challenged method of election, ordinance, resolution, rule, policy, standard, regulation, procedure or law; (2) the prospect of obtaining relief under subsections (1) to (5) would be futile; (3) another party has already submitted a notification letter under subsection (1) alleging a substantially similar violation and that party is eligible to bring a cause of action under this subsection; (4) following the party's submission of a notification letter , the local election office or political subdivision has adopted a NJVEA resolution that identifies a remedy that would not remedy the violation identified in the party's notification letter; or (5) the party is seeking preliminary relief with respect to an upcoming election. 12. a. The Attorney General 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 public office, 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 100 individuals, of eligible voters of a political subdivision speak a particular shared language other than English and are limited English proficient individuals; or (2) more than 4,000 voters of such political subdivision speak a particular shared language other than English and are limited English proficient individuals. b. A local election office political subdivision required to provide language assistance to a particular language-minority group pursuant to this section shall provide physical and 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). 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 poll workers where available. c. A local election office or political subdivision subject to the requirements of this section which seeks to provide translated materials that do not meet the standard defined in subsection b of this subdivision or English-only materials may file an action against the State for a declaratory judgment permitting such provision. A court of this State shall grant the requested relief if it finds that the determination by the Attorney General was arbitrary and capricious or an abuse of discretion. d. Where 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. 13. a. To ensure that the right to vote is not denied or abridged on account of race, color, membership in a language-minority group as defined under the federal Voting Rights Act, the enactment or implementation of a covered policy by a covered entity, as defined in this section, shall be subject to preclearance by the Attorney General or by a designated court 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) form of government; (3) annexation or de-annexation of a political subdivision; (4) incorporation of a political subdivision; (5) consolidation or division of political subdivisions; (6) removal of voters from enrollment lists or other list maintenance activities; (7) number, location, or hours of any election day or early voting poll site; (8) dates of elections and the election calendar, except with respect to special elections; (9) registration of voters; (10) assignment of election districts to election day or early voting poll sites; (11) location of ballot drop boxes; (12) 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); (13) municipal districting or redistricting; and (14) any additional topics designated by the Attorney General, which must be designated pursuant to a rule promulgated under the "New Jersey Administrative Procedure Act," P.L.1968, c. 410 (C.52:14B-1 et seq.), upon a determination by the Attorney General 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 race, color, or language-minority group. c. A "covered entity" shall include: (1) any political subdivision that, within the prior 25 years, 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 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 based upon discrimination against members of a protected class; (2) any political subdivision that, within the prior 25 years, 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 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 concerning discrimination against members of a protected class; (3) any county that contains at least 20,000 eligible voters of any protected class, or in which members of any protected class constitute at least 10 percent of the eligible voter population of the county, and 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; (4) any political subdivision that contains at least 50,000 eligible voters of any protected class, or in which members of any protected class constitute at least 25 percent of the eligible voter population of the political subdivision, and in which, in any year in the prior 10 years, based on data made available by the United States Census, the dissimilarity index of such protected class, calculated using census tracts, is in excess of 50 with respect to the race, color, or language-minority group that comprises a plurality within the political subdivision; (5) any political subdivision that contains at least 50,000 eligible voters of any protected class, or in which members of any protected class constitute at least 25 percent of the eligible voter population of a political subdivision, and in which, in any year in the prior 10 years, the poverty rate among members of such protected class exceeds the poverty rate among the population of the political subdivision as a whole by at least 10 percentage points; (6) any political subdivision that contains at least 1,000 eligible voters of any protected class, or in which members of any protected class constitute at least 10 percent of the eligible voter population of a political subdivision, and in which, in any year in the prior 10 years, the percentage of voters of any protected class in the political subdivision that participated in any general election for any political subdivision office is at least 15 percentage points lower than the percentage of all voters in the political subdivision that participated in such election; (7) any political subdivision that, during the prior three years, has failed to comply with that political subdivision's obligations to provide data or information to the New Jersey Voting and Elections Institute pursuant to section 19 of this act this act, P.L. , c. (C. )(pending before the Legislature as this bill); or (8) any political subdivision that, during the prior 25 years, was found to have enacted or implemented a covered policy without obtaining preclearance for such covered policy pursuant to this section. d. If any covered entity is a political subdivision in which a local election office has been established, that local election office shall also be deemed a covered entity. If any political subdivision in which a local election office has been established contains a covered entity fully within its borders, that political subdivision and that local election office shall both be deemed a covered entity. e. At least biannually, the Attorney General 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 Attorney General's 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. 14. a. A covered entity may obtain preclearance for a covered policy from the Attorney General pursuant to the following process: (1) The covered entity shall submit the covered policy in writing to the Attorney General. If the covered entity is a county board of elections, it shall contemporaneously provide a copy of the covered policy to the Secretary of State. (2) Upon submission of a covered policy for preclearance, as soon as practicable but no later than within 10 days, the Attorney General 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 Attorney General within the time periods set forth in this section. To facilitate public comment, the Attorney General 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 Attorney General 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 Attorney General shall not make such determination until the period for public comment is closed. The Attorney General may request additional information from a covered entity 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 Attorney General's reports and determination shall be posted on its website. (5) In any determination as to preclearance, the Attorney General shall identify in writing whether it is approving or rejecting the covered policy; provided, however, that the Attorney General may, in its discretion, designate preclearance as "preliminary" in which case the Attorney General may deny preclearance within 60 days following the receipt of submission of the covered policy. The Attorney General shall deny preclearance if it determines 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 is more likely than not to violate this Act, the federal Voting Rights Act, or other provisions of state or federal law; otherwise, it shall grant preclearance. If the Attorney General grants preclearance, the covered entity may enact or implement the covered policy immediately. A determination by the Attorney General 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. (6) If the Attorney General denies preclearance, the Attorney General shall interpose objections explaining its basis and the covered policy shall not be enacted or implemented. (7) If the Attorney General fails to respond within the required time frame as established in this section, the covered policy shall be deemed precleared and the covered entity may enact or implement such covered policy. (8) The time periods for public comment, the Attorney General's review, and the determination of the Attorney General 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, including translated to limited English proficient communities. The Attorney General 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) Upon a showing of good cause, the Attorney General may receive an extension of up to 21 days to make a determination pursuant to this paragraph. (c) For any other covered policy, the period for public comment shall be ten 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 an alternative method of election or redistricting plans or a change to a municipality's form of government, the period for public comment shall be twenty business days. The Attorney General shall review the covered policy, including any public comment, within 60 days following the receipt of such covered policy and make a determination to deny or grant preclearance for such covered policy. The Attorney General may invoke up to two extensions of 90 days each. (9) The Attorney General is hereby 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, or other exigent circumstances. Any preclearance granted under this provision shall be designated "preliminary" and the Attorney General may deny preclearance within 60 days following receipt of the covered policy. (10) Any denial of preclearance by the Attorney General may be appealed only by the affected political subdivision in a 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 nor intervene in any such action brought by the affected political subdivision. 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. b. If any covered entity enacts or implements a covered policy without seeking preclearance pursuant to this section, or enacts or implements a covered policy notwithstanding the denial of preclearance, either the Attorney General 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 Attorney General, in accordance with the "New Jersey Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt such rules and regulations as the Attorney General deems necessary to effectuate the provisions of this act. d. The Attorney General 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) the status and disposition of each preclearance submission by each covered entity. e. (1) An action may be filed by any aggrieved party in a Superior Court of New Jersey in any of the following circumstances: (a) The Attorney General has approved preclearance to a covered policy in violation of the provisions of this section. In any claim under this subdivision, 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 subdivision 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 Attorney General has identified a list of covered entities that is inconsistent with the requirements of this section. (c) The Attorney General has failed to properly implement any of the provisions of this section. (2) In any such action, the court shall evaluate any claims on a de novo basis and shall not give deference to the Attorney General. The court has broad authority to order adequate remedies consistent with Section 8 of this act, 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, may engage in acts of intimidation, deception, violence or restraint, or obstruction that affects the right of voters to access the elective franchise or the performance of official duties by election workers. b. A violation of paragraph (1) 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 knowingly uses 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, certification, and tabulation of ballots. c. Notwithstanding R.S.19:15-8, any nonpartisan civic organization having an interest in an election's administration may request the local election office or political subdivision that administers the election to allow poll monitors inside any poll site or any place of ballot deposit. The local election office or political subdivision that administers the election shall grant such requests unless granting such request would result in an unreasonable burden on the voting process. Poll monitors may observe voters go through the process of voting, speak with elections officials and interpreters, and monitor for compliance with federal, state, and local election laws. Poll monitors may not interfere with election administration, election workers, voters, or the voting process. 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 an 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, or the Attorney General may file an action pursuant to this act in the a Superior Court of the county in which the alleged violation of this act occurred. b. Upon a finding of a violation of any provision of this act, the court shall implement appropriate remedies that are tailored to remedy the violation, including, but not limited to, providing for additional time to cast a ballot that may be counted in the election at issue and granting any declaratory or injunctive relief as may be determined to cure the violation. Any party who shall violate any of the provisions of this act or who shall aid the violation of any of said provisions 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. 17. a. In any action or investigation to enforce any provision of this act, the Attorney General 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. Given the frequency of elections, the severe consequences and irreparable harm of holding elections under unlawful conditions, and the expenditure 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. 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. c. 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 shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation. 18. a. The Attorney General, in conjunction with the Secretary of State, shall 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 Attorney General, in consultation with the Secretary of State, shall 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). 19. a. There is hereby established the "New Jersey Voting and Elections Institute," at a public university in New Jersey, to maintain and administer a database and central repository of elections and voting data available to the public from all local election offices and political subdivisions in the State of New Jersey and to foster, pursue, and sponsor research on existing laws and best practices in voting and elections. b. There shall be two co-directors of the Institute, to be selected by the institution responsible for housing the Institute. The co-directors shall jointly manage the Institute and database and fulfill the responsibilities and obligations as required by this section. c. The Institute shall provide a center for research, training and information on voting systems and election administration, and house a centralized and public database for elections and voting data. The Institute is hereby empowered: (1) to conduct classes both for credit and non-credit; (2) to organize interdisciplinary groups of scholars to research voting and elections in the state; (3) to conduct seminars involving voting and elections; (4) to establish a nonpartisan centralized database in order to collect, archive, and make publicly available at no cost an accessible database pertaining to elections, registered voters, and ballot access in the state; (5) to assist in the dissemination of such data to the public; (6) to publish such books and periodicals as it shall deem appropriate on voting and elections in the state; and (7) to provide nonpartisan technical assistance to political subdivisions, scholars, and the general public seeking to use the resources of the statewide database. d. The Institute shall maintain in electronic format and make available to the public online at no cost at minimum the following data and records for at least the previous twelve year period in a centralized database: (1) estimates of the total population, voting age population, citizen voting age population, and limited English proficiency by race, color, and language-minority group, 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 for every Statewide election and every election in every political subdivision; (3) contemporaneous voter registration lists, voter history files, election day poll site locations, ballot dropbox 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) 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 that the director deems advisable to maintain in furtherance of the purposes of Title 19 of the Revised Statutes. e. Upon the certification of election results and the completion of the voter history file after each election, each school district that holds elections pursuant to this article shall transmit copies of the following to the New Jersey voting and elections database and institute within ninety days after such election: (1) school board election results; (2) contemporaneous voter registration lists; (3) voter history files; (4) maps or other documentation of the configuration of districts in any format or formats specified by the director; (5) 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 (6) any other publicly available data as requested by such database and institute. f. Except for any data, information, or estimates that identifies individual voters, the data, information, and estimates maintained by the Statewide database shall be posted online and made available to the public at no cost. g. The Institute shall prepare any estimates made pursuant to this section by applying the most advanced, peer-reviewed, and validated methodologies. h. The data, information, and estimates maintained by the New Jersey Voting and Elections Institute shall be granted a rebuttable presumption of validity by any court concerning any claim brought. 20. In reporting information to the Secretary of State pursuant to paragraph (4) of subsection a. 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 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. 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. 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. 23. Any funding required to enact or enforce any provision of this act shall be provided by the State. 24. This act shall take effect immediately. STATEMENT This bill establishes the "John R. Lewis Voter Empowerment Act of New Jersey." Under the bill, all statutes, rules, and regulations, in this State including all local laws or ordinances related to the elective franchise must be construed liberally in favor of: (1) protecting the right of voters to have their ballot cast and counted; (2) ensuring that eligible voters are not impaired in registering to vote; and (3) ensuring voters of race, color, and language-minority groups have equitable access to fully participate in the electoral process in registering to vote and voting. The bill prohibits the authority to prescribe or maintain voting or elections policies and practices to be so exercised as to unnecessarily deny or abridge the right to vote. The bill also prohibits a local election office or political subdivision 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. The bill requires that any policy and practice that burdens the right to vote must be narrowly tailored to promote a compelling policy justification that must be supported by substantial evidence. The bill provides factors for determining if a violation of the bill has occurred, including if a voter's right to vote has been violated or if the voter has experienced vote dilution. Under the bill, if a violation of the provisions of the bill occurs, the bill provides a remedy process, including for apportionment and redistricting maps. The bill provides that after a New Jersey Voter Empowerment Act (NJVEA) notification letter is mailed from a prospective plaintiff to a political subdivision, the political submission may pass an NJVEA resolution reaffirming: (1) the political subdivision's intention to enact and implement a remedy for a potential violation of the bill; (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. The bill provides that 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 the resolution, or fails to enact or implement a remedy identified in the resolution, within 90 days after the passage of the resolution, or if the political subdivision is a covered entity as defined by the bill, the governing body of the political subdivision must coordinate with the Attorney General to resolve the violation, including reaffirming 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. Under the bill, the Attorney General is provided with certain preclearance powers. The bill provides that if certain political subdivisions that have been the subject to court order or government enforcement action based on violations of the bill; the federal Voting Rights Act of 1965, as amended; the 15th amendment to the United States Constitution, or a voting-related violation of the 14th amendment to the United States Constitution, may be subject to preclearance, which is the process of obtaining prior approval from the Attorney General or a court of this State for any changes related to election procedures in that political subdivision. The bill provides assistance to language-minority groups. Under the bill, 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 if, based on data from the United States Census Bureau American Community Survey, or data of comparable quality collected by a public office, that: (1) more than two percent, but in no instance fewer than 100 individuals, eligible voters of a political subdivision are members of a single language-minority group and are limited English proficient; or (2) more than 4,000 of eligible voters of such political subdivision are members of a single language-minority group and are limited English proficient. The bill further provides that a local election office or political subdivision required to provide language assistance to a particular language-minority group pursuant to this section 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. Under the bill, any aggrieved persons or organization whose membership includes aggrieved persons or members of a protected class, organization whose mission, in whole or in part, is to ensure voting access and such mission would be hindered by a violation of this bill, or the Attorney General may file an action pursuant to the bill in court. The bill provides that any action or investigation to enforce any provision of this bill, the Attorney General would 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. The bill also establishes the "New Jersey Voting and Elections Institute," at a public university in New Jersey, to maintain and administer a database and central repository of elections and voting data available to the public from all local election offices and political subdivisions in the State of New Jersey and to foster, pursue, and sponsor research on existing laws and best practices in voting and elections. The bill also contains a severability provision. If any section, subsection, paragraph, subparagraph, sentence, or other portion of the bill 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 the bill would not thereby be deemed to be unconstitutional, preempted, or invalid. The purpose of this bill is to: (1) encourage participation in the elective franchise by all eligible voters to the maximum extent; (2) ensure that eligible voters who are members of racial, ethnic, and language minority groups have an equal opportunity to participate in the political processes of this State and exercise the elective franchise; (3) improve the quality and availability of demographic and election data; and (4) protect eligible voters against intimidation and deceptive practices. This bill would take effect immediately. |
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| 47 | 47 | | An Act establishing the "John R. Lewis Voter Empowerment Act of New Jersey" and supplementing Title 19 of the Revised Statutes. |
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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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| 55 | 55 | | 1. This act shall be known and may be cited as the "John R. Lewis Voter Empowerment Act of New Jersey." |
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| 59 | 59 | | 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: |
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| 61 | 61 | | (1) encourage participation in the elective franchise by all eligible voters to the maximum extent; and |
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| 62 | 62 | | |
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| 63 | 63 | | (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. |
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| 64 | 64 | | |
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| 65 | 65 | | 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: |
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| 66 | 66 | | |
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| 67 | 67 | | (1) protecting the right to cast a ballot and make the ballot valid; |
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| 68 | 68 | | |
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| 69 | 69 | | (2) ensuring eligible individuals seeking voter registration are not impaired in being registered; |
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| 70 | 70 | | |
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| 71 | 71 | | (3) ensuring voters are not impaired in voting, including, but not limited to having their votes counted; |
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| 72 | 72 | | |
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| 73 | 73 | | (4) making the fundamental right to vote more accessible to eligible voters; and |
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| 74 | 74 | | |
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| 75 | 75 | | (5) ensuring equitable access for protected class members to opportunities to be registered to vote and to vote. |
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| 76 | 76 | | |
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| 77 | 77 | | c. The authority to prescribe or maintain voting or elections policies and practices shall not be so exercised as to unnecessarily deny or abridge the right to vote. Policies and practices that burden the right to vote shall be narrowly tailored to promote a compelling policy justification that shall be supported by substantial evidence. |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | 3. As used in this act, P.L. , c. (C. )(pending before the Legislature as this bill): |
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| 82 | 82 | | |
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| 83 | 83 | | "Alternative method of election" means a method of electing candidates to the legislative body of a local government or political subdivision other than at-large method of election or a district-based method of election and which may include, but is not limited to, proportional ranked-choice voting, cumulative voting and limited voting; |
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| 84 | 84 | | |
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| 85 | 85 | | "Deceptive or fraudulent device, contrivance, or communication" means one that contains false information pertaining to: |
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| 86 | 86 | | |
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| 87 | 87 | | (1) the time, place, and manner of any election; |
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| 88 | 88 | | |
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| 89 | 89 | | (2) the qualifications or restrictions on voter eligibility for such election; or |
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| 90 | 90 | | |
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| 91 | 91 | | (3) a statement of endorsement by any specifically named person, political party, or organization. |
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| 92 | 92 | | |
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| 93 | 93 | | "Disparity" means any variance that is supported by validated methodologies and, where relevant, is statistically significant. |
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| 94 | 94 | | |
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| 95 | 95 | | "Federal voting rights act" means the federal Voting Rights Act of 1965, 52 U.S.C. s.10301 et seq., as amended. |
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| 96 | 96 | | |
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| 97 | 97 | | "Government enforcement action" means a denial of administrative or judicial preclearance by the State or federal or local government, pending litigation filed by a federal or State or local entity, a final judgment or adjudication, a consent decree, or similar formal action. |
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| 98 | 98 | | |
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| 99 | 99 | | "Limited English proficient" means individuals who do not speak English as their primary language and who speak, read, or understand 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. |
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| 100 | 100 | | |
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| 101 | 101 | | "Local election office" means any member of the offices of the |
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| 102 | 102 | | |
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| 103 | 103 | | county clerk, county board of elections, commissioner or registration, or superintendent of elections. |
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| 104 | 104 | | |
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| 105 | 105 | | "Political subdivision" means a geographic area of representation created for the provision of government services, including, but not limited to, a county, city, town, township, village, borough, school district, or any other district organized pursuant to State or local law. |
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| 106 | 106 | | |
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| 107 | 107 | | "Preclearance" means the process of obtaining prior approval from the Attorney General or a court of this State of any changes related to a covered policy of a covered entity, as defined under section 13 of this act. |
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| 108 | 108 | | |
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| 109 | 109 | | "Protected class" means individuals who are members of a racial, color, or language minority, or two or more such groups and includes: (i) individuals who are members of a racial, color, or language minority group as that term has been interpreted under the federal Voting Rights Act; or (ii) individuals who are members of a minimum reporting category that has ever been officially recognized or considered through notice and comment by the United States Census Bureau. |
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| 110 | 110 | | |
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| 111 | 111 | | "Racially polarized voting" means voting in which there is a divergence in the candidate, political preferences, or electoral choice of members in a protected class from the candidate, political preferences, or electoral choice of other electors. |
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| 112 | 112 | | |
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| 113 | 113 | | |
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| 114 | 114 | | |
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| 115 | 115 | | 4. a. For the purposes of this act, P.L. , c. (C. )(pending before the Legislature as this bill), the Attorney General of the State of New Jersey shall act as the chief legal officer and shall be charged with enforcing the provisions under this act as well as provisions of any federal, state or local law with respect to voting rights and elections. |
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| 116 | 116 | | |
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| 117 | 117 | | b. The functions, powers, and duties of the Attorney General as chief legal officer for voting rights and election-related matters shall be to ensure the protection and enforcement of federal, state, and local voting rights for all persons within this State. The Attorney General shall do so by enforcing all provisions under this act as well as provisions of any federal, state or local law with respect to voting rights and election-related matters, as well as by carrying out any responsibilities assigned to the Attorney General by this act or taking any action that may be needed to carry out such responsibilities. |
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| 118 | 118 | | |
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| 119 | 119 | | (1) The Attorney General shall have the authority to conduct investigations and issue subpoenas pursuant to subsections 16 and 17 of this act, initiate studies, conduct research, present comments and testimony before governmental bodies, issue reports, promulgate rules or regulations related to voting rights, litigate cases on behalf of individuals or the public, and produce and disseminate guidance on any matters that fall within the Attorney General's jurisdiction. |
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| 120 | 120 | | |
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| 121 | 121 | | (2) The Attorney General shall have the right to represent the public interest in any federal proceedings, including but not limited to proceedings before the Committee on House Administration, Committee on Rules and Administration, Committee on the Judiciary, the Federal Elections Commission, and any other such federal committees that hold proceedings related to voting rights. |
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| 122 | 122 | | |
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| 123 | 123 | | c. At least once annually, the Attorney General, or a designee thereof, shall present on voting rights and elections-related matters and actions taken by the Attorney General for the previous calendar year, including any new policies, rules, or changes in procedures or process promulgated by the Attorney General and a summary of actions taken to enforce the provisions of this act, at a hearing in front of the Legislature and answer any questions or provide any information asked for by the Legislature. |
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| 124 | 124 | | |
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| 125 | 125 | | d. Henceforth, the Attorney General shall not act as the legal adviser, attorney or counsel for any officers, departments, boards, bodies, commissions or instrumentalities of the state government in matters of voting or elections; and may not represent them in any proceedings or actions of any kind related to voting or elections which may be brought for or against them in any court. |
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| 126 | 126 | | |
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| 127 | 127 | | |
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| 128 | 128 | | |
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| 129 | 129 | | 5. 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 applies to any action to enact or seek to administer any such voting qualification, prerequisite to voting, law, ordinance, standard, practice, procedure, regulation, or policy taken on or after the effective date of this act. |
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| 130 | 130 | | |
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| 131 | 131 | | a. Violations of this subsection shall include a stage agency, local election office, or political subdivision imposing any qualification for eligibility to be an elector, imposing any other prerequisite to voting, imposing any ordinance, regulation, or other law regarding the administration of elections, or imposing any standard, practice, procedure, or policy in a manner that results in, will likely result in, or is intended to result in, either of the following: |
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| 132 | 132 | | |
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| 133 | 133 | | (1) a disparity in voter participation, access to voting opportunities, or the opportunity or ability to participate in the political process between members of a protected class and other members of the electorate; or |
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| 134 | 134 | | |
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| 135 | 135 | | (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 and elect candidates of the elector's choice or otherwise influence the outcome of elections. |
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| 136 | 136 | | |
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| 137 | 137 | | b. There is a rebuttable presumption that an impairment exists under subsection 5(a)(2) in circumstances that include, but are not limited to, any of the following: |
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| 138 | 138 | | |
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| 139 | 139 | | (1) A stage agency, local election office, or political subdivision closes, moves, or consolidates 1 or more precincts, polling places, or absent voter ballot drop boxes in a manner that impairs the right to vote of members of a protected class or results in a disparity in geographic access between members of a protected class and other members of the electorate; or |
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| 140 | 140 | | |
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| 141 | 141 | | (2) A stage agency, local election office, or political subdivision changes the time or date of an election in a manner that impairs the right to vote of members of a protected class, including, but not limited to, making the change without proper notice as required by law; or |
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| 142 | 142 | | |
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| 143 | 143 | | (3) A stage agency, local election office, or political subdivision fails to provide voting or election materials and assistance in languages other than English as required by federal or state law; or |
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| 144 | 144 | | |
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| 145 | 145 | | (4) A stage agency, local election office, or political subdivision conducts general or primary elections on dates that do not align with the date of federal or state general or primary elections, resulting in a disparity in levels of participation between protected class voters and other voters that exceeds any disparity in federal or state general or primary elections; or |
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| 146 | 146 | | |
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| 147 | 147 | | (5) For any state or local office, a special election is called on a date that would reasonably result in a disparity in levels of participation between protected class voters and other voters, and there exists an alternate date in a reasonable timeframe in which the disparity would be materially less significant; or |
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| 148 | 148 | | |
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| 149 | 149 | | (6) For any state or local office, a special election is not scheduled on a reasonable timeframe for an office in which protected class voters would be able to elect candidates of their choice or otherwise influence the outcome of elections. |
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| 150 | 150 | | |
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| 151 | 151 | | |
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| 152 | 152 | | |
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| 153 | 153 | | 6. 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. The following shall constitute a violation of this section: |
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| 154 | 154 | | |
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| 155 | 155 | | a. A local election office or political subdivision employs an at-large method of election, and: |
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| 156 | 156 | | |
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| 157 | 157 | | (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, 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 is impaired; and |
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| 158 | 158 | | |
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| 159 | 159 | | (2) One or more new methods of election or modifications to the existing method of election exist that the court could order pursuant to section 8 of this act, P.L. , c. (C. )(pending before the Legislature as this bill), that would likely mitigate the impairment of the equal opportunity or ability of protected class members to nominate or elect candidates of their choice. 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, it is not necessary to show that members of a protected class comprise a majority in any such district or districts. |
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| 160 | 160 | | |
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| 161 | 161 | | b. A local election office or political subdivision employs a district-based or alternative method of election and: |
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| 162 | 162 | | |
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| 163 | 163 | | (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, 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 is impaired; and |
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| 164 | 164 | | |
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| 165 | 165 | | (2) One or more new methods of election or modifications to the existing method of election exist that the court could order pursuant to section 8 of this act, P.L. , c. (C. )(pending before the Legislature as this bill), that would likely mitigate the impairment of the equal opportunity or ability of protected class members to nominate or elect candidates of their choice. 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, it is not necessary to show that members of a protected class comprise a majority in any such district or districts. |
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| 166 | 166 | | |
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| 167 | 167 | | c. For the purposes of demonstrating whether voting patterns of members of a protected class within a political subdivision are racially polarized, evidence shall be weighed and considered as follows: |
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| 168 | 168 | | |
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| 169 | 169 | | (1) elections conducted prior to the filing of an action pursuant to this act are more probative than elections conducted after the filing of the action; |
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| 170 | 170 | | |
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| 171 | 171 | | (2) evidence concerning elections for any office in that local government, including executive, legislative, judicial and other offices of that local government, is more probative than evidence concerning elections for other offices, but evidence concerning elections for other offices may still be afforded probative value; |
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| 172 | 172 | | |
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| 173 | 173 | | (3) statistical evidence is more probative than non-statistical evidence, but non-statistical evidence, including survey data, may still be afforded probative value; |
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| 174 | 174 | | |
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| 175 | 175 | | (4) where there is evidence that the protected class is comprised of two or more politically cohesive racial, color or language minority groups in the political subdivision, only the combined electoral preferences of the protected class shall be considered and the protected class shall not be required to prove that each racial, color or language group comprising the protected class is separately polarized from the rest of the electorate; |
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| 176 | 176 | | |
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| 177 | 177 | | (5) evidence concerning the intent on the part of the voters, elected officials, or the local election office or political subdivision to discriminate against a protected class shall be not required; |
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| 178 | 178 | | |
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| 179 | 179 | | (6) evidence that voting patterns and election outcomes could be explained by factors other than racially polarized voting, including, but not limited to, partisanship, shall not be considered; |
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| 180 | 180 | | |
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| 181 | 181 | | (7) evidence that sub-groups within a protected class have different voting patterns shall not be considered; |
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| 182 | 182 | | |
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| 183 | 183 | | (8) evidence concerning whether members of a protected class are geographically compact or concentrated shall not be considered, but may be a factor in determining an appropriate remedy; and |
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| 184 | 184 | | |
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| 185 | 185 | | (9) evidence concerning projected changes in population or demographics shall not be considered, but may be a factor, in determining an appropriate remedy. |
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| 186 | 186 | | |
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| 187 | 187 | | |
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| 188 | 188 | | |
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| 189 | 189 | | 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. )(pending before the Legislature as this bill), has occurred, factors that may be considered shall include, but not be limited to: |
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| 190 | 190 | | |
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| 191 | 191 | | (1) the history of discrimination in or affecting the political subdivision or geographic region in which that political subdivision is located; |
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| 192 | 192 | | |
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| 193 | 193 | | (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; |
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| 194 | 194 | | |
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| 195 | 195 | | (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; |
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| 196 | 196 | | |
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| 197 | 197 | | (4) denying eligible voters or candidates who are members of the protected class to processes determining which groups of candidates receive access to the ballot, financial support, or other support in a given election; |
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| 198 | 198 | | |
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| 199 | 199 | | (5) the extent to which members of a protected class vote at lower rates than other members of the electorate; |
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| 200 | 200 | | |
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| 201 | 201 | | (6) the extent to which members of the protected class are disadvantaged in areas 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; |
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| 202 | 202 | | |
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| 203 | 203 | | (7) the extent to which members of the protected class are disadvantaged in other areas which may hinder their ability to participate effectively in the political process; |
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| 204 | 204 | | |
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| 205 | 205 | | (8) the use of overt or subtle racial appeals in political campaigns or by government officials; |
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| 206 | 206 | | |
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| 207 | 207 | | (9) a significant lack of responsiveness on the part of elected officials to the particularized needs of members of the protected class; and |
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| 208 | 208 | | |
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| 209 | 209 | | (10) 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. |
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| 210 | 210 | | |
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| 211 | 211 | | b. Evidence of these factors is most probative if the evidence relates to the political subdivision in which the alleged violation occurred, but still holds probative value if the evidence relates to the geographic region in which that political subdivision is located or to this state. |
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| 212 | 212 | | |
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| 213 | 213 | | 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 an impairment has occurred. |
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| 214 | 214 | | |
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| 215 | 215 | | d. In determining whether a violation of section 6 of this act, P.L. , c. (C. )(pending before the Legislature as this bill), has occurred, a court shall not consider any of the following factors: |
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| 216 | 216 | | |
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| 217 | 217 | | (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; |
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| 218 | 218 | | |
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| 219 | 219 | | (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; |
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| 220 | 220 | | |
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| 221 | 221 | | (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; |
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| 222 | 222 | | |
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| 223 | 223 | | (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; |
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| 224 | 224 | | |
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| 225 | 225 | | (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; |
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| 226 | 226 | | |
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| 227 | 227 | | (6) mere invocation of interests in voter confidence or prevention of fraud; or |
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| 228 | 228 | | |
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| 229 | 229 | | (7) a lack of evidence concerning the intent of electors, elected officials, or public officials to discriminate against protected class members. |
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| 230 | 230 | | |
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| 231 | 231 | | e. Further, in any action under this act, the federal Voting Rights Act, or a voting-related violation of the New Jersey Constitution or United States Constitution, no sovereign, governmental, executive, legislative, or deliberative immunities and privileges, including any evidentiary privileges, may be asserted to limit the scope of relevant discovery. However, this subsection shall have no effect on any attorney-client or attorney work-product privileges. |
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| 232 | 232 | | |
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| 233 | 233 | | |
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| 234 | 234 | | |
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| 235 | 235 | | 8. a. Upon a finding of a violation of any provision of this act, a court of this State shall implement appropriate remedies to ensure that members of protected classes have equitable access to fully participate in the electoral process. A court of this State shall consider proposed remedies by any parties and interested non-parties, but shall not provide deference or priority to a proposed remedy offered by the political subdivision. The court shall have the power to require a local election office or political subdivision to implement remedies that are inconsistent with any other provision of law where such inconsistent provision of law would preclude the court from ordering an otherwise appropriate remedy in such matter. |
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| 236 | 236 | | |
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| 237 | 237 | | b. Upon a finding of a violation of the vote dilution cause of |
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| 238 | 238 | | |
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| 239 | 239 | | action, the court shall implement appropriate remedies which may include, but shall not be limited to, the following: |
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| 240 | 240 | | |
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| 241 | 241 | | (1) transitioning to a district-based method of election or an alternative method of election, if an at-large method of election has been found to violate this act; |
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| 242 | 242 | | |
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| 243 | 243 | | (2) ordering the adoption of new or revised redistricting plans or an alternative method of election, if a district-based method of election or alternative method of election has been found in to violate this act; |
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| 244 | 244 | | |
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| 245 | 245 | | (3) modifying the election calendar, including ordering a special election or moving the date of an election, consistent with federal and State law, to be concurrent with the primary or general election dates for State, county, or local public office; |
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| 246 | 246 | | |
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| 247 | 247 | | (4) eliminating staggered elections so that all members of the governing body are elected on the same date; |
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| 248 | 248 | | |
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| 249 | 249 | | (5) reasonably increasing the size of the governing body; |
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| 250 | 250 | | |
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| 251 | 251 | | (6) providing for shortened or lengthened terms on a one-time basis if necessary to implement a remedy; |
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| 252 | 252 | | |
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| 253 | 253 | | (7) ordering alternative methods to conduct an election, including, but not limited to, ranked-choice voting, cumulative voting and limited voting; or |
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| 254 | 254 | | |
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| 255 | 255 | | (8) retaining jurisdiction for such period of time on a given matter as the court may deem appropriate, during which no voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting different from that in force or effect at the time the proceeding was commenced shall be enforced unless and until the court finds that such qualification, prerequisite, standard, practice, or procedure does not have the purpose and will not have the effect of denying or abridging the right to vote on the basis of protected class membership, or in contravention of the voting guarantees set forth in this act, except that the court's finding shall not bar a subsequent action to enjoin enforcement of such qualification, prerequisite, standard, practice or procedure. |
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| 256 | 256 | | |
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| 257 | 257 | | c. Upon a finding of a violation of the voter suppression cause of action, the court shall implement appropriate remedies which may include, but shall not be limited to, the following: |
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| 258 | 258 | | |
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| 259 | 259 | | (1) modifying the election calendar, including ordering a special election or moving the date of an election, consistent with federal and State law, to be concurrent with the primary or general election dates for State, county, or local public office, if the violation concerns the date of an election; |
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| 260 | 260 | | |
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| 261 | 261 | | (2) eliminating staggered elections so that all members of the governing body are elected on the same date; |
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| 262 | 262 | | |
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| 263 | 263 | | (3) extending the timeline for voters to return their ballots; |
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| 264 | 264 | | |
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| 265 | 265 | | (4) providing for shortened or lengthened terms on a one-time basis if necessary to implement a remedy; |
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| 266 | 266 | | |
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| 267 | 267 | | (5) ordering additional voting hours or days; |
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| 268 | 268 | | |
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| 269 | 269 | | (6) ordering additional polling locations, including early voting sites; |
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| 270 | 270 | | |
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| 271 | 271 | | (7) providing for additional means of voting such as voting by mail or ballot drop boxes; |
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| 272 | 272 | | |
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| 273 | 273 | | (8) requiring expanded opportunities for voter registration; |
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| 274 | 274 | | |
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| 275 | 275 | | (9) requiring additional voter education; |
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| 276 | 276 | | |
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| 277 | 277 | | (10) ordering the restoration or addition of persons to registration lists; or |
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| 278 | 278 | | |
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| 279 | 279 | | (11) retaining jurisdiction for such period of time on a given matter as the court may deem appropriate, during which no voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting different from that in force or effect at the time the proceeding was commenced shall be enforced unless and until the court finds that such qualification, prerequisite, standard, practice, or procedure does not have the purpose and will not have the effect of denying or abridging the right to vote on the basis of protected class membership, or in contravention of the voting guarantees set forth in this act, except that the court's finding shall not bar a subsequent action to enjoin enforcement of such qualification, prerequisite, standard, practice, or procedure. |
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| 280 | 280 | | |
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| 281 | 281 | | |
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| 282 | 282 | | |
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| 283 | 283 | | 9. a. Voting qualifications, prerequisites to voting, laws, ordinances, standards, practices, procedures, regulations, or policies are prohibited that burden the right to vote, including registering to vote, for any individual or community on the basis of age, disability, sexual orientation, including gender identity and gender presentation, or criminal history, unless such voting qualifications, prerequisites to voting, laws, ordinances, standards, practices, procedures, regulations, or policies are narrowly tailored to promote a compelling policy justification that is supported by substantial evidence. |
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| 284 | 284 | | |
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| 285 | 285 | | b. Any person, including any organization on behalf of an impacted person or community, alleging a violation of this subsection 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 actor as may be determined to cure the violation. |
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| 286 | 286 | | |
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| 287 | 287 | | |
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| 288 | 288 | | |
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| 289 | 289 | | 10. a. The governing body of a political subdivision with the authority under this act and all applicable State and local laws to conduct an election, or enact and implement a new apportionment or redistricting plan, shall undertake each of the steps enumerated in this section concerning draft or redistricting plans and, if applicable, NJVEA notification letters, as defined in section 11 of this act, P.L. , c. (C. )(pending before the Legislature as this bill), or the filing of a claim pursuant to this act or the federal Voting Rights Act. |
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| 290 | 290 | | |
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| 291 | 291 | | b. Before drawing a draft or redistricting plan or plans of the proposed boundaries of the districts, the political subdivision shall hold public hearings, 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 hearings. and at least 5,000 residents must 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 or redistricting process and to encourage public participation. |
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| 292 | 292 | | |
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| 293 | 293 | | c. After all draft or redistricting plans are drawn, the political subdivision shall publish 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. |
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| 294 | 294 | | |
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| 295 | 295 | | d. After the release of any draft pursuant to subsection 10(c), the political subdivision shall also hold at least two additional hearings, at which the public, including limited English proficient communities, shall be invited to provide input regarding the content of the draft or redistricting plan or plans and the proposed sequence of elections, if applicable. The draft or redistricting plan or plans shall be published at least seven days before consideration at a hearing. If the draft or redistricting plan or plans are revised at or following a 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 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 hearing. Any further changes to the revised draft plan following the additional public hearing shall not require a second additional public hearing. |
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| 296 | 296 | | |
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| 297 | 297 | | e. In determining the final sequence of the district elections conducted in a political subdivision in which members of the governing body will be elected at different times to provide for staggered terms of office, the governing body shall give special consideration to the purposes of this act, and it shall take into account the preferences expressed by members of the districts. |
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| 298 | 298 | | |
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| 299 | 299 | | |
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| 300 | 300 | | |
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| 301 | 301 | | 11. a. Before commencing a judicial action against a political subdivision under this section, 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 a "NJVEA notification letter" in this act. For actions against a school district, the prospective plaintiff shall also send by certified mail a copy of the NJVEA notification letter to the Commissioner of Education. |
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| 302 | 302 | | |
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| 303 | 303 | | 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 a NJVEA notification letter. |
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| 304 | 304 | | |
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| 305 | 305 | | c. Before receiving a NJVEA notification letter, or within 50 days of mailing of a NJVEA notification letter, the governing body of a political subdivision may pass a resolution affirming: |
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| 306 | 306 | | |
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| 307 | 307 | | (1) the political subdivision's intention to enact and implement a remedy for a potential violation of this act; |
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| 308 | 308 | | |
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| 309 | 309 | | (2) specific steps the political subdivision will undertake to facilitate approval and implementation of such a remedy; and |
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| 310 | 310 | | |
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| 311 | 311 | | (3) a schedule for enacting and implementing such a remedy. |
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| 312 | 312 | | |
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| 313 | 313 | | Such a resolution shall be referred to as a "NJVEA resolution" in this act. If a political subdivision passes a NJVEA resolution, such political subdivision shall have 90 days after such passage to enact and implement such remedy, during which a prospective plaintiff shall not commence an action to enforce this section against the political subdivision. For actions against a school district, the Commissioner of Education may order the enactment of a NJVEA resolution. |
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| 314 | 314 | | |
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| 315 | 315 | | 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 a NJVEA resolution, or fails to enact or implement a remedy identified in a NJVEA resolution, within 90 days after the passage of the NJVEA resolution, 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: |
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| 316 | 316 | | |
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| 317 | 317 | | (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 Attorney General. Such a submission shall be referred to as a "NJVEA proposal" in this act; |
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| 318 | 318 | | |
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| 319 | 319 | | (2) prior to passing a 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; |
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| 320 | 320 | | |
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| 321 | 321 | | (3) within 45 days of receipt of a NJVEA proposal, the Attorney General shall grant or deny approval of the NJVEA proposal; and |
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| 322 | 322 | | |
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| 323 | 323 | | (4) the Attorney General shall only grant approval to the NJVEA proposal if it concludes that: |
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| 324 | 324 | | |
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| 325 | 325 | | (a) the political subdivision may be in violation of this act; |
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| 326 | 326 | | |
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| 327 | 327 | | (b) the NJVEA proposal would remedy any potential violation of this act; |
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| 328 | 328 | | |
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| 329 | 329 | | (c) the NJVEA proposal is unlikely to violate the United States Constitution, New Jersey Constitution, or any federal or State law; and |
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| 330 | 330 | | |
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| 331 | 331 | | (d) implementation of the NJVEA proposal is feasible. |
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| 332 | 332 | | |
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| 333 | 333 | | (5) if the Attorney General grants approval, the NJVEA proposal shall be enacted and implemented immediately, notwithstanding any other law, rule, or regulation to the contrary; |
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| 334 | 334 | | |
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| 335 | 335 | | (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 Attorney General; |
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| 336 | 336 | | |
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| 337 | 337 | | (7) if the Attorney General denies approval, the NJVEA proposal shall not be enacted or implemented, and the Attorney General 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 |
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| 338 | 338 | | |
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| 339 | 339 | | (8) if the Attorney General does not respond, the NJVEA proposal shall not be enacted or implemented. |
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| 340 | 340 | | |
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| 341 | 341 | | f. If, pursuant to a process commenced by a NJVEA notification letter, a political subdivision enacts or implements a remedy or the Attorney General grants approval to a 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, 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. |
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| 342 | 342 | | |
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| 343 | 343 | | g. 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 7 or section 9 of this act, P.L. , c. (C. )(pending before the Legislature as this bill), under any of the following circumstances: |
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| 344 | 344 | | |
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| 345 | 345 | | (1) the action is commenced within 1 year after the adoption of the challenged method of election, ordinance, resolution, rule, policy, standard, regulation, procedure or law; |
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| 346 | 346 | | |
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| 347 | 347 | | (2) the prospect of obtaining relief under subsections (1) to (5) would be futile; |
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| 348 | 348 | | |
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| 349 | 349 | | (3) another party has already submitted a notification letter under subsection (1) alleging a substantially similar violation and that party is eligible to bring a cause of action under this subsection; |
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| 350 | 350 | | |
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| 351 | 351 | | (4) following the party's submission of a notification letter , the local election office or political subdivision has adopted a NJVEA resolution that identifies a remedy that would not remedy the violation identified in the party's notification letter; or |
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| 352 | 352 | | |
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| 353 | 353 | | (5) the party is seeking preliminary relief with respect to an upcoming election. |
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| 354 | 354 | | |
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| 355 | 355 | | |
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| 356 | 356 | | |
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| 357 | 357 | | 12. a. The Attorney General 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 public office, including but not limited to, any data collection required by this act, it is determined that: |
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| 358 | 358 | | |
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| 359 | 359 | | (1) more than two percent, but in no instance fewer than 100 individuals, of eligible voters of a political subdivision speak a particular shared language other than English and are limited English proficient individuals; or |
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| 360 | 360 | | |
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| 361 | 361 | | (2) more than 4,000 voters of such political subdivision speak a particular shared language other than English and are limited English proficient individuals. |
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| 362 | 362 | | |
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| 363 | 363 | | b. A local election office political subdivision required to provide language assistance to a particular language-minority group pursuant to this section shall provide physical and 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). 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 poll workers where available. |
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| 364 | 364 | | |
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| 365 | 365 | | c. A local election office or political subdivision subject to the requirements of this section which seeks to provide translated materials that do not meet the standard defined in subsection b of this subdivision or English-only materials may file an action against the State for a declaratory judgment permitting such provision. A court of this State shall grant the requested relief if it finds that the determination by the Attorney General was arbitrary and capricious or an abuse of discretion. |
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| 366 | 366 | | |
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| 367 | 367 | | d. Where 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. |
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| 368 | 368 | | |
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| 369 | 369 | | |
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| 370 | 370 | | |
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| 371 | 371 | | 13. a. To ensure that the right to vote is not denied or abridged on account of race, color, membership in a language-minority group as defined under the federal Voting Rights Act, the enactment or implementation of a covered policy by a covered entity, as defined in this section, shall be subject to preclearance by the Attorney General or by a designated court as set forth in this section. |
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| 372 | 372 | | |
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| 373 | 373 | | 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: |
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| 374 | 374 | | |
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| 375 | 375 | | (1) method of election; |
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| 376 | 376 | | |
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| 377 | 377 | | (2) form of government; |
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| 378 | 378 | | |
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| 379 | 379 | | (3) annexation or de-annexation of a political subdivision; |
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| 380 | 380 | | |
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| 381 | 381 | | (4) incorporation of a political subdivision; |
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| 382 | 382 | | |
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| 383 | 383 | | (5) consolidation or division of political subdivisions; |
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| 384 | 384 | | |
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| 385 | 385 | | (6) removal of voters from enrollment lists or other list maintenance activities; |
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| 386 | 386 | | |
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| 387 | 387 | | (7) number, location, or hours of any election day or early voting poll site; |
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| 388 | 388 | | |
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| 389 | 389 | | (8) dates of elections and the election calendar, except with respect to special elections; |
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| 390 | 390 | | |
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| 391 | 391 | | (9) registration of voters; |
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| 392 | 392 | | |
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| 393 | 393 | | (10) assignment of election districts to election day or early voting poll sites; |
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| 394 | 394 | | |
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| 395 | 395 | | (11) location of ballot drop boxes; |
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| 396 | 396 | | |
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| 397 | 397 | | (12) 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); |
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| 398 | 398 | | |
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| 399 | 399 | | (13) municipal districting or redistricting; and |
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| 400 | 400 | | |
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| 401 | 401 | | (14) any additional topics designated by the Attorney General, which must be designated pursuant to a rule promulgated under the "New Jersey Administrative Procedure Act," P.L.1968, c. 410 (C.52:14B-1 et seq.), upon a determination by the Attorney General 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 race, color, or language-minority group. |
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| 402 | 402 | | |
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| 403 | 403 | | c. A "covered entity" shall include: |
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| 404 | 404 | | |
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| 405 | 405 | | (1) any political subdivision that, within the prior 25 years, 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 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 based upon discrimination against members of a protected class; |
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| 406 | 406 | | |
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| 407 | 407 | | (2) any political subdivision that, within the prior 25 years, 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 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 concerning discrimination against members of a protected class; |
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| 408 | 408 | | |
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| 409 | 409 | | (3) any county that contains at least 20,000 eligible voters of any protected class, or in which members of any protected class constitute at least 10 percent of the eligible voter population of the county, and 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; |
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| 410 | 410 | | |
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| 411 | 411 | | (4) any political subdivision that contains at least 50,000 eligible voters of any protected class, or in which members of any protected class constitute at least 25 percent of the eligible voter population of the political subdivision, and in which, in any year in the prior 10 years, based on data made available by the United States Census, the dissimilarity index of such protected class, calculated using census tracts, is in excess of 50 with respect to the race, color, or language-minority group that comprises a plurality within the political subdivision; |
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| 412 | 412 | | |
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| 413 | 413 | | (5) any political subdivision that contains at least 50,000 eligible voters of any protected class, or in which members of any protected class constitute at least 25 percent of the eligible voter population of a political subdivision, and in which, in any year in the prior 10 years, the poverty rate among members of such protected class exceeds the poverty rate among the population of the political subdivision as a whole by at least 10 percentage points; |
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| 414 | 414 | | |
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| 415 | 415 | | (6) any political subdivision that contains at least 1,000 eligible voters of any protected class, or in which members of any protected class constitute at least 10 percent of the eligible voter population of a political subdivision, and in which, in any year in the prior 10 years, the percentage of voters of any protected class in the political subdivision that participated in any general election for any political subdivision office is at least 15 percentage points lower than the percentage of all voters in the political subdivision that participated in such election; |
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| 416 | 416 | | |
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| 417 | 417 | | (7) any political subdivision that, during the prior three years, has failed to comply with that political subdivision's obligations to provide data or information to the New Jersey Voting and Elections Institute pursuant to section 19 of this act this act, P.L. , c. (C. )(pending before the Legislature as this bill); or |
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| 418 | 418 | | |
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| 419 | 419 | | (8) any political subdivision that, during the prior 25 years, was found to have enacted or implemented a covered policy without obtaining preclearance for such covered policy pursuant to this section. |
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| 420 | 420 | | |
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| 421 | 421 | | d. If any covered entity is a political subdivision in which a local election office has been established, that local election office shall also be deemed a covered entity. If any political subdivision in which a local election office has been established contains a covered entity fully within its borders, that political subdivision and that local election office shall both be deemed a covered entity. |
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| 422 | 422 | | |
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| 423 | 423 | | e. At least biannually, the Attorney General 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 Attorney General's 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. |
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| 424 | 424 | | |
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| 425 | 425 | | |
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| 426 | 426 | | |
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| 427 | 427 | | 14. a. A covered entity may obtain preclearance for a covered policy from the Attorney General pursuant to the following process: |
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| 428 | 428 | | |
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| 429 | 429 | | (1) The covered entity shall submit the covered policy in writing to the Attorney General. If the covered entity is a county board of elections, it shall contemporaneously provide a copy of the covered policy to the Secretary of State. |
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| 430 | 430 | | |
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| 431 | 431 | | (2) Upon submission of a covered policy for preclearance, as soon as practicable but no later than within 10 days, the Attorney General shall publish the submission on its website. |
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| 432 | 432 | | |
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| 433 | 433 | | (3) After publication of a submission, there shall be an opportunity for members of the public to comment on the submission to the Attorney General within the time periods set forth in this section. To facilitate public comment, the Attorney General 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. |
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| 434 | 434 | | |
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| 435 | 435 | | (4) Upon submission of a covered policy for preclearance, the Attorney General 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 Attorney General shall not make such determination until the period for public comment is closed. The Attorney General may request additional information from a covered entity 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 Attorney General's reports and determination shall be posted on its website. |
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| 436 | 436 | | |
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| 437 | 437 | | (5) In any determination as to preclearance, the Attorney General shall identify in writing whether it is approving or rejecting the covered policy; provided, however, that the Attorney General may, in its discretion, designate preclearance as "preliminary" in which case the Attorney General may deny preclearance within 60 days following the receipt of submission of the covered policy. The Attorney General shall deny preclearance if it determines 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 is more likely than not to violate this Act, the federal Voting Rights Act, or other provisions of state or federal law; otherwise, it shall grant preclearance. If the Attorney General grants preclearance, the covered entity may enact or implement the covered policy immediately. A determination by the Attorney General 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. |
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| 438 | 438 | | |
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| 439 | 439 | | (6) If the Attorney General denies preclearance, the Attorney General shall interpose objections explaining its basis and the covered policy shall not be enacted or implemented. |
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| 440 | 440 | | |
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| 441 | 441 | | (7) If the Attorney General fails to respond within the required time frame as established in this section, the covered policy shall be deemed precleared and the covered entity may enact or implement such covered policy. |
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| 442 | 442 | | |
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| 443 | 443 | | (8) The time periods for public comment, the Attorney General's review, and the determination of the Attorney General to grant or deny preclearance on submission shall be as follows: |
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| 444 | 444 | | |
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| 445 | 445 | | (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, including translated to limited English proficient communities. The Attorney General 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. |
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| 446 | 446 | | |
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| 447 | 447 | | (b) Upon a showing of good cause, the Attorney General may receive an extension of up to 21 days to make a determination pursuant to this paragraph. |
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| 448 | 448 | | |
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| 449 | 449 | | (c) For any other covered policy, the period for public comment shall be ten 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 an alternative method of election or redistricting plans or a change to a municipality's form of government, the period for public comment shall be twenty business days. The Attorney General shall review the covered policy, including any public comment, within 60 days following the receipt of such covered policy and make a determination to deny or grant preclearance for such covered policy. The Attorney General may invoke up to two extensions of 90 days each. |
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| 450 | 450 | | |
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| 451 | 451 | | (9) The Attorney General is hereby 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, or other exigent circumstances. Any preclearance granted under this provision shall be designated "preliminary" and the Attorney General may deny preclearance within 60 days following receipt of the covered policy. |
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| 452 | 452 | | |
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| 453 | 453 | | (10) Any denial of preclearance by the Attorney General may be appealed only by the affected political subdivision in a 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 nor intervene in any such action brought by the affected political subdivision. 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. |
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| 454 | 454 | | |
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| 455 | 455 | | b. If any covered entity enacts or implements a covered policy without seeking preclearance pursuant to this section, or enacts or implements a covered policy notwithstanding the denial of preclearance, either the Attorney General 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. |
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| 456 | 456 | | |
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| 457 | 457 | | c. The Attorney General, in accordance with the "New Jersey Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt such rules and regulations as the Attorney General deems necessary to effectuate the provisions of this act. |
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| 458 | 458 | | |
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| 459 | 459 | | d. The Attorney General shall additionally maintain a publicly accessible website containing the following information: |
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| 460 | 460 | | |
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| 461 | 461 | | (1) a list of all covered entities, to be updated biannually; |
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| 462 | 462 | | |
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| 463 | 463 | | (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; |
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| 464 | 464 | | |
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| 465 | 465 | | (3) the status and disposition of each preclearance submission by each covered entity. |
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| 466 | 466 | | |
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| 467 | 467 | | e. (1) An action may be filed by any aggrieved party in a Superior Court of New Jersey in any of the following circumstances: |
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| 468 | 468 | | |
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| 469 | 469 | | (a) The Attorney General has approved preclearance to a covered policy in violation of the provisions of this section. In any claim under this subdivision, 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 subdivision 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. |
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| 470 | 470 | | |
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| 471 | 471 | | (b) The Attorney General has identified a list of covered entities that is inconsistent with the requirements of this section. |
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| 472 | 472 | | |
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| 473 | 473 | | (c) The Attorney General has failed to properly implement any of the provisions of this section. |
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| 474 | 474 | | |
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| 475 | 475 | | (2) In any such action, the court shall evaluate any claims on a de novo basis and shall not give deference to the Attorney General. The court has broad authority to order adequate remedies consistent with Section 8 of this act, including imposition of any injunctive relief on any party as the court considers necessary to effectuate this section. |
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| 476 | 476 | | |
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| 477 | 477 | | |
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| 478 | 478 | | |
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| 479 | 479 | | 15. a. No person, whether acting under color of law or otherwise, may engage in acts of intimidation, deception, violence or restraint, or obstruction that affects the right of voters to access the elective franchise or the performance of official duties by election workers. |
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| 480 | 480 | | |
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| 481 | 481 | | b. A violation of paragraph (1) this section shall be established if: |
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| 482 | 482 | | |
|---|
| 483 | 483 | | (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; |
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| 484 | 484 | | |
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| 485 | 485 | | (2) a person knowingly uses 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 |
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| 486 | 486 | | |
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| 487 | 487 | | (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, certification, and tabulation of ballots. |
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| 488 | 488 | | |
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| 489 | 489 | | c. Notwithstanding R.S.19:15-8, any nonpartisan civic organization having an interest in an election's administration may request the local election office or political subdivision that administers the election to allow poll monitors inside any poll site or any place of ballot deposit. The local election office or political subdivision that administers the election shall grant such requests unless granting such request would result in an unreasonable burden on the voting process. Poll monitors may observe voters go through the process of voting, speak with elections officials and interpreters, and monitor for compliance with federal, state, and local election laws. Poll monitors may not interfere with election administration, election workers, voters, or the voting process. |
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| 490 | 490 | | |
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| 491 | 491 | | |
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| 492 | 492 | | |
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| 493 | 493 | | 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 an 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, or the Attorney General may file an action pursuant to this act in the a Superior Court of the county in which the alleged violation of this act occurred. |
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| 494 | 494 | | |
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| 495 | 495 | | b. Upon a finding of a violation of any provision of this act, the court shall implement appropriate remedies that are tailored to remedy the violation, including, but not limited to, providing for additional time to cast a ballot that may be counted in the election at issue and granting any declaratory or injunctive relief as may be determined to cure the violation. Any party who shall violate any of the provisions of this act or who shall aid the violation of any of said provisions 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. |
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| 496 | 496 | | |
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| 497 | 497 | | |
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| 498 | 498 | | |
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| 499 | 499 | | 17. a. In any action or investigation to enforce any provision of this act, the Attorney General 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. |
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| 500 | 500 | | |
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| 501 | 501 | | b. Given the frequency of elections, the severe consequences and irreparable harm of holding elections under unlawful conditions, and the expenditure 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. 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: |
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| 502 | 502 | | |
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| 503 | 503 | | (1) plaintiffs are more likely than not to succeed on the merits; and |
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| 504 | 504 | | |
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| 505 | 505 | | (2) it is possible to implement an appropriate remedy that would resolve the alleged violation in the upcoming election. |
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| 506 | 506 | | |
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| 507 | 507 | | c. 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 shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation. |
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| 508 | 508 | | |
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| 509 | 509 | | |
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| 510 | 510 | | |
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| 511 | 511 | | 18. a. The Attorney General, in conjunction with the Secretary of State, shall 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. |
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| 512 | 512 | | |
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| 513 | 513 | | b. As part of its public education efforts, the Attorney General, in consultation with the Secretary of State, shall 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). |
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| 514 | 514 | | |
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| 515 | 515 | | |
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| 516 | 516 | | |
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| 517 | 517 | | 19. a. There is hereby established the "New Jersey Voting and Elections Institute," at a public university in New Jersey, to maintain and administer a database and central repository of elections and voting data available to the public from all local election offices and political subdivisions in the State of New Jersey and to foster, pursue, and sponsor research on existing laws and best practices in voting and elections. |
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| 518 | 518 | | |
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| 519 | 519 | | b. There shall be two co-directors of the Institute, to be selected by the institution responsible for housing the Institute. The co-directors shall jointly manage the Institute and database and fulfill the responsibilities and obligations as required by this section. |
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| 520 | 520 | | |
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| 521 | 521 | | c. The Institute shall provide a center for research, training and information on voting systems and election administration, and house a centralized and public database for elections and voting data. The Institute is hereby empowered: |
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| 522 | 522 | | |
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| 523 | 523 | | (1) to conduct classes both for credit and non-credit; |
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| 524 | 524 | | |
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| 525 | 525 | | (2) to organize interdisciplinary groups of scholars to research voting and elections in the state; |
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| 526 | 526 | | |
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| 527 | 527 | | (3) to conduct seminars involving voting and elections; |
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| 528 | 528 | | |
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| 529 | 529 | | (4) to establish a nonpartisan centralized database in order to collect, archive, and make publicly available at no cost an accessible database pertaining to elections, registered voters, and ballot access in the state; |
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| 530 | 530 | | |
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| 531 | 531 | | (5) to assist in the dissemination of such data to the public; |
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| 532 | 532 | | |
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| 533 | 533 | | (6) to publish such books and periodicals as it shall deem appropriate on voting and elections in the state; and |
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| 534 | 534 | | |
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| 535 | 535 | | (7) to provide nonpartisan technical assistance to political subdivisions, scholars, and the general public seeking to use the resources of the statewide database. |
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| 536 | 536 | | |
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| 537 | 537 | | d. The Institute shall maintain in electronic format and make available to the public online at no cost at minimum the following data and records for at least the previous twelve year period in a centralized database: |
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| 538 | 538 | | |
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| 539 | 539 | | (1) estimates of the total population, voting age population, citizen voting age population, and limited English proficiency by race, color, and language-minority group, 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; |
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| 540 | 540 | | |
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| 541 | 541 | | (2) election results at the election district level for every Statewide election and every election in every political subdivision; |
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| 542 | 542 | | |
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| 543 | 543 | | (3) contemporaneous voter registration lists, voter history files, election day poll site locations, ballot dropbox locations, and early voting site locations, for every election in every political subdivision; |
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| 544 | 544 | | |
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| 545 | 545 | | (4) contemporaneous maps or other documentation of the configuration of districts in any format or formats specified by the director for election districts; |
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| 546 | 546 | | |
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| 547 | 547 | | (5) election day or early voting poll sites including, but not limited to, lists of election districts assigned to each polling place, if applicable; |
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| 548 | 548 | | |
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| 549 | 549 | | (6) districting or redistricting plans for every election in every political subdivision; and |
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| 550 | 550 | | |
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| 551 | 551 | | (7) any other data that the director deems advisable to maintain in furtherance of the purposes of Title 19 of the Revised Statutes. |
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| 552 | 552 | | |
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| 553 | 553 | | e. Upon the certification of election results and the completion of the voter history file after each election, each school district that holds elections pursuant to this article shall transmit copies of the following to the New Jersey voting and elections database and institute within ninety days after such election: |
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| 554 | 554 | | |
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| 555 | 555 | | (1) school board election results; |
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| 556 | 556 | | |
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| 557 | 557 | | (2) contemporaneous voter registration lists; |
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| 558 | 558 | | |
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| 559 | 559 | | (3) voter history files; |
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| 560 | 560 | | |
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| 561 | 561 | | (4) maps or other documentation of the configuration of districts in any format or formats specified by the director; |
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| 562 | 562 | | |
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| 563 | 563 | | (5) 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 |
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| 564 | 564 | | |
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| 565 | 565 | | (6) any other publicly available data as requested by such database and institute. |
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| 566 | 566 | | |
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| 567 | 567 | | f. Except for any data, information, or estimates that identifies individual voters, the data, information, and estimates maintained by the Statewide database shall be posted online and made available to the public at no cost. |
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| 568 | 568 | | |
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| 569 | 569 | | g. The Institute shall prepare any estimates made pursuant to this section by applying the most advanced, peer-reviewed, and validated methodologies. |
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| 570 | 570 | | |
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| 571 | 571 | | h. The data, information, and estimates maintained by the New Jersey Voting and Elections Institute shall be granted a rebuttable presumption of validity by any court concerning any claim brought. |
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| 572 | 572 | | |
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| 573 | 573 | | |
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| 574 | 574 | | |
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| 575 | 575 | | 20. In reporting information to the Secretary of State pursuant to paragraph (4) of subsection a. 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 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. |
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| 576 | 576 | | |
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| 577 | 577 | | 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. |
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| 578 | 578 | | |
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| 579 | 579 | | |
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| 580 | 580 | | |
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| 581 | 581 | | 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. |
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| 582 | 582 | | |
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| 583 | 583 | | |
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| 584 | 584 | | |
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| 585 | 585 | | 23. Any funding required to enact or enforce any provision of this act shall be provided by the State. |
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| 586 | 586 | | |
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| 587 | 587 | | |
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| 588 | 588 | | |
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| 589 | 589 | | 24. This act shall take effect immediately. |
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| 590 | 590 | | |
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| 591 | 591 | | |
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| 592 | 592 | | |
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| 593 | 593 | | |
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| 594 | 594 | | |
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| 595 | 595 | | STATEMENT |
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| 596 | 596 | | |
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| 597 | 597 | | |
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| 598 | 598 | | |
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| 599 | 599 | | This bill establishes the "John R. Lewis Voter Empowerment Act of New Jersey." |
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| 600 | 600 | | |
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| 601 | 601 | | Under the bill, all statutes, rules, and regulations, in this State including all local laws or ordinances related to the elective franchise must be construed liberally in favor of: |
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| 602 | 602 | | |
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| 603 | 603 | | (1) protecting the right of voters to have their ballot cast and counted; |
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| 604 | 604 | | |
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| 605 | 605 | | (2) ensuring that eligible voters are not impaired in registering to vote; and |
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| 606 | 606 | | |
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| 607 | 607 | | (3) ensuring voters of race, color, and language-minority groups have equitable access to fully participate in the electoral process in registering to vote and voting. |
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| 608 | 608 | | |
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| 609 | 609 | | The bill prohibits the authority to prescribe or maintain voting or elections policies and practices to be so exercised as to unnecessarily deny or abridge the right to vote. The bill also prohibits a local election office or political subdivision 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. The bill requires that any policy and practice that burdens the right to vote must be narrowly tailored to promote a compelling policy justification that must be supported by substantial evidence. The bill provides factors for determining if a violation of the bill has occurred, including if a voter's right to vote has been violated or if the voter has experienced vote dilution. |
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| 610 | 610 | | |
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| 611 | 611 | | Under the bill, if a violation of the provisions of the bill occurs, the bill provides a remedy process, including for apportionment and redistricting maps. The bill provides that after a New Jersey Voter Empowerment Act (NJVEA) notification letter is mailed from a prospective plaintiff to a political subdivision, the political submission may pass an NJVEA resolution reaffirming: (1) the political subdivision's intention to enact and implement a remedy for a potential violation of the bill; (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. |
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| 612 | 612 | | |
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| 613 | 613 | | The bill provides that 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 the resolution, or fails to enact or implement a remedy identified in the resolution, within 90 days after the passage of the resolution, or if the political subdivision is a covered entity as defined by the bill, the governing body of the political subdivision must coordinate with the Attorney General to resolve the violation, including reaffirming 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. |
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| 614 | 614 | | |
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| 615 | 615 | | Under the bill, the Attorney General is provided with certain preclearance powers. The bill provides that if certain political subdivisions that have been the subject to court order or government enforcement action based on violations of the bill; the federal Voting Rights Act of 1965, as amended; the 15th amendment to the United States Constitution, or a voting-related violation of the 14th amendment to the United States Constitution, may be subject to preclearance, which is the process of obtaining prior approval from the Attorney General or a court of this State for any changes related to election procedures in that political subdivision. |
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| 616 | 616 | | |
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| 617 | 617 | | The bill provides assistance to language-minority groups. Under the bill, 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 if, based on data from the United States Census Bureau American Community Survey, or data of comparable quality collected by a public office, that: (1) more than two percent, but in no instance fewer than 100 individuals, eligible voters of a political subdivision are members of a single language-minority group and are limited English proficient; or (2) more than 4,000 of eligible voters of such political subdivision are members of a single language-minority group and are limited English proficient. |
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| 618 | 618 | | |
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| 619 | 619 | | The bill further provides that a local election office or political subdivision required to provide language assistance to a particular language-minority group pursuant to this section 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. |
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| 620 | 620 | | |
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| 621 | 621 | | Under the bill, any aggrieved persons or organization whose membership includes aggrieved persons or members of a protected class, organization whose mission, in whole or in part, is to ensure voting access and such mission would be hindered by a violation of this bill, or the Attorney General may file an action pursuant to the bill in court. The bill provides that any action or investigation to enforce any provision of this bill, the Attorney General would 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. |
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| 622 | 622 | | |
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| 623 | 623 | | The bill also establishes the "New Jersey Voting and Elections Institute," at a public university in New Jersey, to maintain and administer a database and central repository of elections and voting data available to the public from all local election offices and political subdivisions in the State of New Jersey and to foster, pursue, and sponsor research on existing laws and best practices in voting and elections. |
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| 624 | 624 | | |
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| 625 | 625 | | The bill also contains a severability provision. If any section, subsection, paragraph, subparagraph, sentence, or other portion of the bill 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 the bill would not thereby be deemed to be unconstitutional, preempted, or invalid. |
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| 626 | 626 | | |
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| 627 | 627 | | The purpose of this bill is to: |
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| 628 | 628 | | |
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| 629 | 629 | | (1) encourage participation in the elective franchise by all eligible voters to the maximum extent; |
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| 630 | 630 | | |
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| 631 | 631 | | (2) ensure that eligible voters who are members of racial, ethnic, and language minority groups have an equal opportunity to participate in the political processes of this State and exercise the elective franchise; |
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| 632 | 632 | | |
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| 633 | 633 | | (3) improve the quality and availability of demographic and election data; and |
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| 634 | 634 | | |
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| 635 | 635 | | (4) protect eligible voters against intimidation and deceptive practices. |
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| 636 | 636 | | |
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| 637 | 637 | | This bill would take effect immediately. |
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