Bill > S2352

Introduced Session

This bill establishes the "John R. Lewis Voting Rights Act of New Jersey" and is modeled after the "John R. Lewis Voting Rights Act of New York." 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 county board of elections 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 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 provision of the bill occurs, the bill provides a remedy process, including for apportionment and redistricting maps. The bill provides that after a New Jersey Voting Rights Act notification letter is mailed from a prospective plaintiff to a political subdivision the political submission may pass a New Jersey Voting Rights Act 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 Division on Civil Rights in the New Jersey Department of Law and Public Safety 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, would not diminish the ability of protected class members to participate in the political process and to elect their preferred candidates to office; and is feasible to implement. Under the bill, the Attorney General and the Division on Civil Rights are 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 Division on Civil Rights 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 county board of elections 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 300 individuals, of the citizens of voting age of a political subdivision are members of a single language-minority group and are limited English proficient; or (2) more than 4,000 of the citizens of voting age of such political subdivision are members of a single language-minority group and are limited English proficient. The bill further provides that a county board of elections 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 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 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 on the first day of the 18th month next following the date of enactment, except that the Attorney General may take any anticipatory action in advance thereof.

Committee Categories

Joe Cryan (D)*,  Shirley Turner (D)*,  Angela Mcknight (D),  Andrew Zwicker (D), 

Withdrawn from Consideration (on 03/18/2024)

Official Document