Bill Text: NJ A4287 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires MVC to safeguard automatic voter registration process.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2022-06-16 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [A4287 Detail]
Download: New_Jersey-2022-A4287-Introduced.html
Sponsored by:
Assemblywoman AURA K. DUNN
District 25 (Morris and Somerset)
SYNOPSIS
Requires MVC to safeguard automatic voter registration process.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning voter registration through the New Jersey Motor Vehicle Commission and amending P.L.1994, c.182.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 24 of P.L.1994, c.182 (C.39:2-3.2) is amended to read as follows:
24. a. The Secretary of State, with the assistance of the Chief Administrator of the New Jersey Motor Vehicle Commission, shall provide for an eligible applicant to simultaneously apply for a motor vehicle driver's license, an examination permit, a probationary driver's license, or a non-driver identification card, as applicable, and be automatically registered to vote, or have an existing voter registration updated, in a manner which satisfies both the requirements necessary to receive a license to operate a motor vehicle, pursuant to R.S.39:3-10, or an examination permit, a probationary driver's license, or a non-driver identification card, as applicable, and to register to vote, pursuant to R.S.19:4-1. The Chief Administrator shall establish and provide to an ineligible applicant separate forms for such applicant to apply for a motor vehicle driver's license, an examination permit, a probationary driver's license, or a non-driver identification card. Any forms provided to a person who is an ineligible applicant shall not include the option to register to vote. [The] An applicant shall be offered an opportunity to decline the automatic voter registration under this section.
b. (1) Pursuant to subsection a. of this section, for every application submitted by an eligible applicant for a motor vehicle driver's license, an examination permit, a probationary driver's license, or a non-driver identification card, and each related update, renewal, or change of address, except as provided in paragraphs (2) and (3) of this subsection, the Chief Administrator shall ensure that the information necessary for voter registration is collected from the application and promptly transmitted electronically to the Secretary of State. The Chief Administrator shall ensure that electronic records are not transmitted to the Secretary of State for any ineligible applicant or any eligible applicant who has declined registration. The Commissioner of Registration shall register to vote or update an existing registration for any eligible applicant who has not declined voter registration.
(2) Voter registration information from an application received online from an eligible applicant for the renewal of a motor vehicle driver's license or non-driver identification card shall be collected and promptly transmitted electronically to the Secretary of State upon the implementation by the Secretary of State of online voter registration. Subsection c. of this section shall be inapplicable to such applications until that time.
(3) Voter registration information from an application received through the mail for the renewal of a motor vehicle driver's license or non-driver identification card shall be exempt from collection and electronic transmission to the Secretary of State until such time as the Chief Administrator determines that the prompt electronic transmission of the information is practicable. Subsection c. of this section shall be inapplicable to such applications until that time. Following the effective date of P.L.2018, c.6, the Chief Administrator shall inform the Governor and the Legislature every six months of the practicability of collecting and transmitting to the Secretary of State voter registration information from such applications submitted by eligible applicants. This paragraph shall not be construed to preclude the New Jersey Motor Vehicle Commission from processing voter registration applications received in the manner in which such applications were processed in connection with such renewals prior to the effective date of P.L.2018, c.6.
c. The Chief Administrator shall provide for the following notices to be provided with every application for a motor vehicle driver's license, an examination permit, a probationary driver's license, or a non-driver identification card and every related update, renewal, or change of address:
(1) a notice that the applicant will be registered to vote, if eligible, unless the applicant specifically declines the automatic voter registration;
(2) a notice of the voter eligibility requirements and disqualifications under R.S.19:4-1 and the New Jersey Constitution and the penalties for false registration and illegal voting under Title 19 of the Revised Statutes, which notice shall contain an affirmation that the applicant meets each such requirement and does not meet each such disqualification, as appropriate, and shall require the signature of the applicant, under penalty of law; and
(3) a notice that an applicant who is a victim of domestic violence or stalking may decline the automatic voter registration and register to vote without disclosing the applicant's street address pursuant to section 1 of P.L.1994, c.148 (C.19:31-3.2).
d. For each eligible applicant already registered to vote, any change of address notification submitted to the Chief Administrator for the purpose of maintaining current information on an applicant shall be promptly reported to the Secretary of State. A change of address notification received by the Chief Administrator in paper format shall be reported to the Secretary of State no later than the 10th day following its receipt by the Chief Administrator. The Commissioner of Registration shall use the change of address notification to update an existing voter registration unless the applicant declines the automatic voter registration pursuant to this section and indicates that the change of address is not for voter registration purposes. A change of address notification submitted to the commission, which is used for voter registration purposes, shall be subject to the provisions of section 1 of P.L.1994, c.148 (C.19:31-3.2) if the person submitting the change of address notification previously registered to vote in accordance with that section.
e. If [a person who is not entitled to vote] an ineligible applicant becomes registered to vote pursuant to this section, that person's registration shall be presumed to have been effected with official authorization, and the person shall not be deemed to have committed a crime under R.S.19:34-1. This subsection shall not apply to a person who knowingly and willfully makes a false statement to effectuate voter registration.
f. The Secretary of State, with the assistance of the Chief Administrator, shall take appropriate measures to educate the public about voter registration under this section.
g. For the purposes of this section [, "eligible] :
"Eligible applicant" means a person submitting to the commission an application for a motor vehicle driver's license, an examination permit, a probationary driver's license, or a non-driver identification card who meets all requirements for eligibility to vote under R.S.19:4-1 and the New Jersey Constitution.
"Ineligible applicant" means a person submitting to the commission an application for a motor vehicle driver's license, an examination permit, a probationary driver's license, or a non-driver identification card who does not meet the requirements for eligibility to vote under R.S.19:4-1 and the New Jersey Constitution.
(cf: P.L.2018, c.6, s.4)
2. This act shall take effect on the first day of the sixth month following enactment but the Chief Administrator of the New Jersey Motor Vehicle Commission may take such anticipatory action as may be necessary for the timely implementation of this act.
STATEMENT
This bill expressly prevents the automatic voter registration process, via the New Jersey Motor Vehicle Commission (MVC), from allowing ineligible applicants to register to vote. An "ineligible applicant" means a person submitting an application to the MVC for a motor vehicle driver's license, an examination permit, a probationary driver's license, or a non-driver identification card who does not meet the requirements for eligibility to vote under R.S.19:4-1 and the New Jersey Constitution.
Under the bill, the MVC is required to establish and provide separate forms for persons applying for a motor vehicle driver's license, an examination permit, a probationary driver's license, or a non-driver identification card who are not eligible to vote. Because those applicants are not eligible to vote, those forms are prohibited from providing the applicant an option to register to vote. The bill also requires the MVC to provide information on what disqualifies a person from voting under statute and the New Jersey Constitution.
With the implementation of automatic voter registration through the MVC, the MVC has not provided evidence that the agency has sufficient safeguards in place to prevent persons who are ineligible to vote from registering to vote through the MVC. Currently, it appears that the MVC uses the same form for all applicants for a driver's license, examination permit, probationary driver's license, or non-driver identification card, regardless of eligibility to vote, which provides the option to register to vote while submitting an application for these documents. The sponsor believes that having separate forms for persons ineligible to vote will help safeguard the voter registration process.
