Bill Text: NJ A4585 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires Secretary of State and Chief Administration of MVC to conduct audit of certain voter registrations and annual audits thereafter; requires proof of citizenship for voter registration at MVC.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2022-09-22 - Introduced, Referred to Assembly State and Local Government Committee [A4585 Detail]
Download: New_Jersey-2022-A4585-Introduced.html
Sponsored by:
Assemblywoman VICTORIA A. FLYNN
District 13 (Monmouth)
Assemblyman GERRY SCHARFENBERGER
District 13 (Monmouth)
SYNOPSIS
Requires Secretary of State and Chief Administrator of MVC to conduct audit of certain voter registrations and annual audits thereafter; requires proof of citizenship for voter registration at MVC.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning voter registrations and audits, amending P.L.1994, c.182, and supplementing chapter 31 of Title 19 of the Revised Statutes.
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 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. No applicant shall be offered an opportunity to automatically register to vote or update an existing voter registration without providing proof of citizenship. The 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 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 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 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. This paragraph shall not be construed to preclude the 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 under R.S.19:4-1 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 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 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 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. The Chief Administrator shall conduct an audit of all voters who registered pursuant to this section on or after May 1, 2021 to ensure that each registrant has satisfied the conditions of eligibility pursuant to Article II, paragraph 3 of the New Jersey State Constitution and of R.S.19:4-1.
In addition, the Chief Administrator shall conduct an audit each year of voters newly registered pursuant to this section to ensure that each new registrant has satisfied the conditions of eligibility pursuant to Article II, paragraph 3 of the New Jersey State Constitution and of R.S.19:4-1.
The Chief Administrator shall ensure each audit is completed 30 days prior to the primary election for a general election.
The Chief Administrator of the Motor Vehicle Commission shall issue a report of the findings of each audit to the Governor, the Legislature, and the Secretary of State.
h. For the purposes of this section, "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.
(cf: P.L.2018, c.6, s.3)
2. (New section) The Secretary of State shall conduct an audit of all voters who registered on or after May 1, 2021 to ensure that each registrant has satisfied the conditions of eligibility pursuant to Article II, paragraph 3 of the New Jersey State Constitution and of R.S.19:4-1.
In addition, the Secretary of State shall conduct an audit each year of newly registered voters to ensure that each new registrant has satisfied the conditions of eligibility pursuant to Article II, paragraph 3 of the New Jersey State Constitution and of R.S.19:4-1.
The audits shall be conducted by an independent certified public accountant under a contract with the State.
The Secretary of State shall ensure each audit is completed 30 days before the primary election for a general election.
The Secretary of State shall issue a report of the findings of each audit to the Governor and the Legislature.
Within the limits of funds appropriated for such purposes, the Secretary of State may obtain the services of consultants and other professionals, in addition to the independent certified public accountant, necessary to conduct the audits as required by this section.
The Motor Vehicle Commission shall cooperate with the Secretary of State and provide to the Secretary of State such information, resources, and other assistance deemed necessary by the Secretary of State to conduct the audits as required by this section.
3. This act shall take effect immediately.
STATEMENT
This bill amends current law to require the Chief Administrator of the New Jersey State Motor Vehicle Commission and the Secretary of State to conduct an audit of all voter registration applications submitted on or after May 1, 2021 to ensure only eligible residents registered to vote in the State. This bill also requires the Chief Administrator and the Secretary of State to conduct an annual audit of yearly registrations to ensure eligibility of voters.
Each audit must be completed 30 days before the primary election for a general election and a report of each audit must be submitted to the Secretary of State, the Governor, and the Legislature.
The bill provides that no person shall be offered an opportunity to automatically register to vote or update an existing voter registration at the MVC without providing proof of citizenship.
