Bill > A5474

Introduced Session

This bill defines and prohibits conduct which constitutes voter disenfranchisement in this State and establishes a mechanism for enforcement. In doing so, the bill intends to safeguard the fundamental right to vote and deter bad actors that would seek to undermine this right. Under the bill, to "disenfranchise" a voter means to deny or abridge the right of an individual to vote in an election in this State or to register to vote in this State, including by engaging in conduct prohibited by the bill. The bill prohibits public entities and elections officials from requiring voters or prospective voters to provide identification in order to vote or to register to vote, except when otherwise required by law. The bill also prohibits any person from knowingly and willfully providing false information regarding the eligibility of a person to register to vote, or how, when, or where a person may cast their vote which, if believed, would result in the person being denied their right to vote. Any person who engages in this conduct is guilty of a crime of the second degree, and any election official who engages in this conduct will additionally be barred from serving as an elections official permanently. A crime of the second degree is punishable by imprisonment for five to 10 years, a fine of up to $150,000, or both. Under current law, a person is also prohibited from knowingly and willfully intimidating, threatening, or coercing any person for registering to vote, voting or attempting to register to vote, and from knowingly and willfully depriving or defrauding the residents of this State of a fair and impartially conducted election. These are crimes of the second degree as well. Under current law, polling places selected for the conduct of elections are required to be accessible to the elderly and persons with disabilities. This bill ensures that, in making such selections, the polling places will be accessible to all voters in the election district. Current law allows for selecting polling places which are up to 1,000 feet outside of the election district, with the permission of the Secretary of State. The bill requires that, if such a polling place is selected, it must not impose a severe burden on voters in the election district that it could result in some voters being disenfranchised. Under this bill, any voter or prospective voter who is disenfranchised is authorized to bring a civil action in the Superior Court of the county in which the violation occurred and any organization, entity, or person found to have disenfranchised a voter or prospective voter will be liable for damages, including nominal and punitive damages, in an amount that the court shall deem necessary and appropriate. Additionally, the bill establishes an Independent Election Oversight Committee to investigate and pursue reports of voter disenfranchisement. The committee will consist of seven total members, six of whom will be appointed, and the seventh will be the Secretary of State, or their designee. The appointed members of the committee will serve three year terms and until a successor is appointed. Any vacancy in the membership of the committee will be filled for the unexpired term in the manner in which the original appointment was made. The committee will have the power to appoint, employ, promote, and remove assistants, employees, and personnel as deemed necessary for the efficient and effective administration of the committee, within the limit of funds appropriated for such purposes. The committee will solicit and accept information from members of the public related to the conduct of elections and reports of voter disenfranchisement occurring in this State, and investigate such reports. Any employee who reports incidents of voter disenfranchisement being conducted by their employer, or who provides information to the committee in furtherance of an investigation into their employer, will be subject to the protections of the "Conscientious Employee Protection Act." If the committee finds that a voter has been disenfranchised, the committee may impose a reasonable fine on the parties responsible in light of the totality of the circumstances. All fines collected will be used exclusively in furtherance of the committee's work to prevent and remedy instances of voter disenfranchisement in this State. In addition to any fines imposed, the committee may refer any identified violations of law to the Attorney General, county prosecutor, or another appropriate law enforcement agency for further investigation and prosecution. The committee may also refer any pertinent information discovered in the course of an investigation to State or local agencies that oversee the issuance of a license or permit which was used to further conduct that disenfranchised voters or prospective voters. Such agencies may suspend or revoke licenses or permits so used, and may restrict the organization, entity, or person responsible from acquiring such licenses or permits in the future. Under the bill, all poll workers in this State will be instructed in their poll worker training on the kinds of conduct which may be considered voter disenfranchisement. Poll workers will be instructed on how to avoid this and how to report instances of voter disenfranchisement. The bill also requires the Secretary of State to commission an audit in every year in which there is a general election for all members of the General Assembly in order to asses elections policies and procedures and identify policies and procedures which may result in the disenfranchisement of voters in this State. The audit will recommend changes which should be made to election policies and procedures, and a final report of the audit will be published online. Finally, the bill directs the Division of Elections and the county clerks in each county to conduct a public awareness campaign to inform all residents as to their right to vote in elections. The bill appropriates $100,000 for purposes of the audit and public awareness campaign.

AI Summary

Committee Categories

Tennille McCoy (D)*, 

Introduced, Referred to Assembly State and Local Government Committee (on 03/20/2025)

Official Document