Bill Text: NJ A5489 | 2026-2027 | Regular Session | Introduced
Bill Title: Eliminates automatic voter registration, restores "opt-in" voter registration process, and requires proof of citizenship for voter registration at MVC.
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced) 2026-09-14 - Introduced, Referred to Assembly State and Local Government Committee [A5489 Detail]
Download: New_Jersey-2026-A5489-Introduced.html
Sponsored by:
Assemblyman JOHN V. AZZARITI JR., M.D.
District 39 (Bergen)
SYNOPSIS
Eliminates automatic voter registration, restores "opt-in" voter registration process, and requires proof of citizenship for voter registration at MVC.
CURRENT VERSION OF TEXT
As introduced.
An Act eliminating automatic voter registration and requiring proof of citizenship for certain voter registration, amending P.L.1994, c.182, and repealing section 4 of P.L.2018, c.6 (C.19:31-6.14).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New Section) The Legislature finds and declares that:
a. In 2018, the Legislature amended State law to require the New Jersey Motor Vehicle Commission and certain other State agencies to automatically register to vote applicants for a motor vehicle driver's license, an examination permit, a probationary driver's license, or a non-driver identification card, unless the applicant affirmatively declines.
b. This "opt-out" voter registration system replaced a process under which State residents were offered the opportunity to affirmatively register to vote in connection with certain motor vehicle transactions, but were not registered to vote unless they took action to do so.
c. In July 2026, Governor Mikie Sherrill publicly acknowledged that a software error in the Motor Vehicle Commission's automatic voter registration system resulted in approximately 6,600 individuals who indicated in response to a direct citizenship question that they were not United States citizens nonetheless being registered to vote between June 2023 and June 2024.
d. According to the Governor's own public account, approximately 400 of these improperly registered individuals subsequently cast ballots in New Jersey elections.
e. New Jersey remains one of about a dozen states without some form of voter identification requirement, removing an additional safeguard against this kind of registration and voting irregularities.
f. In response to this systemic failure, Governor Sherrill ordered an internal investigation, directed the removal of improperly registered individuals from the voter rolls, and directed the replacement of the Motor Vehicle Commission's technology vendor, but did not propose ending the inherently flawed "opt-out" voter registration system itself. The Governor also has not proposed ending the practice of issuing driver's licenses to individuals without lawful immigration status, which the Legislature finds to be a significant underlying, systemic source of risk to the accuracy of this State's voter rolls.
g. An "opt-out" voter registration system places the burden on the applicant and the State to identify and correct voter registration made in error, whereas a process in which an applicant must affirmatively complete and submit a voter registration application provides a more reliable and verifiable record on the applicant's eligibility and intent to register.
h. A requirement that an applicant provide documentary proof of United States citizenship as a condition of voter registration at the Motor Vehicle Commission provides a direct, verifiable safeguard against the registration of ineligible persons and directly addresses the voter registration errors that occurred in 2023 and 20024.
i. It is therefore necessary and appropriate to repeal the automatic voter registration provisions enacted by P.L.2018, c.6, to restore an "opt-in" voter registration process at the Motor Vehicle Commission, and to require proof of citizenship, in order to protect the integrity and accuracy of the State's voter registration rolls.
2. Section 24 of P.L.1994, c.182 (C.39:2-3.2) is amended to read as follows:
24. a. (1) The Secretary of State, with the assistance and concurrence of the Chief Administrator of the New Jersey Motor Vehicle Commission, shall [provide for an eligible applicant] formulate a means of permitting a person 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 register 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 be permitted to register to vote, pursuant to R.S.19:4-1[. The applicant shall be offered an opportunity to decline the automatic voter registration under this section.]; provided that, in the course of business with the Motor Vehicle Commission, the applicant provides or has provided documentation demonstrating United States citizenship. The Chief Administrator, in consultation with the Secretary of State, shall by regulation prescribe the forms of documentary proof of citizenship acceptable for the purposes of this subsection, which shall include, at a minimum, a certified copy of a birth certificate issued by a state or the District of Columbia, a valid United States passport, or documentation of naturalization or derivative citizenship issued by the United States Department of State or the United States Citizenship and Immigration Services.
(2) The New Jersey Motor Vehicle Commission, upon receipt of a completed voter registration application under this section, shall stamp or otherwise mark the lower right-hand corner of the document with the date on which it was so received and forward the document to the Secretary of State no later than the 10th day following the date of acceptance.
(3) Each application for voter registration which is received by the New Jersey Motor Vehicle Commission shall be considered and processed as the replacement for any pre-existing voter registration of the applicant.
b. [(1) Pursuant to subsection a. of this section, for every application for a REAL ID license or identification card, and each related update, renewal, or change of address, where, in the course of business with the Motor Vehicle Commission, the applicant provides or has provided documentation demonstrating United States citizenship, is determined to not already be registered to vote in the State of New Jersey in accordance with subsection g. of this section, and is of sufficient age to register to vote, the Chief Administrator shall promptly transmit electronically to the Secretary of State the applicant's:
(a) name;
(b) date of birth;
(c) driver's license or state ID number;
(d) residence address, and mailing address if different from the residence address;
(e) county of residence;
(f) information concerning the applicant's citizenship status;
(g) signature as a digitized image;
(h) telephone number, if available; and
(i) e-mail address, if available.
The Chief Administrator shall not transmit information for any person who, at the time of an application for a REAL ID license or identification card or a related update, renewal, or change of address transaction for a REAL ID license or identification card with the Motor Vehicle Commission, provides a document that conclusively demonstrates that the person is not a United States citizen. Nothing in this section shall be construed to amend the substantive qualifications for voter registration in this State, or to require documentary proof of citizenship for voter registration, or to require the Motor Vehicle Commission to maintain or validate official records of voter registration. Nothing in this section shall be construed to authorize the Motor Vehicle Commission to request documentation establishing an applicant's citizenship solely for the purposes of voter registration.
(2) Upon receiving information pursuant to paragraph (1) of this subsection for a person who is not registered to vote in the State of New Jersey, is of sufficient age to register to vote, and has provided documentation demonstrating United States citizenship in the course of business with the Motor Vehicle Commission, unless the Secretary of State determines that the person is ineligible to register to vote or is a member of the Address Confidentiality Program pursuant to R.S.47:4-1, the Secretary of State shall transmit the person's information to the appropriate county commissioner of registration.
(3) Upon receiving information pursuant to paragraph (2) of this subsection, a county commissioner of registration shall proceed to register the person to vote pursuant to section 17 of P.L.1974, c.30 (C.19:31-6.5) and send to the person's address of record, by nonforwardable mail, a notice that the person has been registered to vote that contains a postage paid preaddressed return form by which the person may affiliate with a political party or decline to be registered and request that their registration be removed from the Statewide voter registration system. Such notice shall also provide an option for the person to apply for and receive a mail-in ballot as provided under section 3 of P.L.2009, c.79 (C.19:63-3), until the voter requests otherwise. A notice mailed pursuant to this paragraph shall include an explanation of the eligibility requirements to register to vote. The notice shall also state the penalties for submission of a false application. A person shall not be registered to vote pursuant to this subsection until their information has been received and processed by a county commissioner of registration pursuant to section 17 of P.L.1974, c.30 (C.19:31-6.5), provided that such registration shall be deemed effective as of the date of the person's application with the Motor Vehicle Commission. Nothing in this paragraph shall be construed to alter the provisions of R.S.19:31-15.
(4) The notice provided under paragraph (3) of this subsection shall also include a statement that, if the person declines to register to vote and requests to have their registration removed from the Statewide voter registration system, the request will remain confidential unless required by other laws, regulations, or a lawful court order or subpoena and will be used only for election administration purposes under the provisions of Title 19 of the Revised Statutes. Nothing in this paragraph shall be construed to alter the provisions of R.S.19:31-15. The notice shall also include a statement that, if a person does not decline registration, the office at which the person was registered will remain confidential and will be used only for election administration purposes.
(5) The Secretary of State shall prescribe the form of the notice required under paragraph (3) of this subsection. Such notice may be combined with the notice provided to newly registered voters pursuant to paragraph (1) of subsection a. of section 17 of P.L.1974, c.30 (C:19:31-6.5). The notice shall include the required information in English and Spanish, as well any additional language which is the primary language of five percent or more of the registered voters in the county where the notice is mailed.
(6) If a person returns the notice provided under paragraph (3) of this subsection by declining to be registered and requesting to have their registration removed from the Statewide voter registration system, the county commissioner of registration shall remove the person's voter registration from the Statewide voter registration system, and the person shall be deemed to have never registered. However, if the person has voted in an election after the transfer of the person's record but before the notice is returned, the returned form shall be of no force and effect and the person shall be registered as of the date of the person's application with the Motor Vehicle Commission. Nothing in this paragraph shall be construed to alter the provisions of R.S.19:31-15.
(7) If a person returns the notice provided under paragraph (3) of this subsection and affiliates with a political party, the person shall be registered to vote as of the date of the person's application with the Motor Vehicle Commission and the person's affiliation shall be marked effective as of the date the affiliation information is received.
(8) If the person returns the notice provided under paragraph (3) of this subsection but does not select any options or provide any new information, the form shall be of no force and effect, and the person shall remain registered to vote.
(9) If a notice provided under paragraph (3) of this subsection is returned as undeliverable, the county commissioner of registration shall send the person a confirmation notice pursuant to subsection d. of R.S.19:31-15.
(10) Information relating to the return of a notice form declining to be registered shall not be used for any purpose other than as described under paragraph (4) of this subsection. Nothing in this section shall be construed to prohibit, or in any way restrict, any action where such prohibition or restriction would be contrary to federal law. However, documents, records, or information relating to an individual person's decision declining to be registered shall not be disclosed for any purpose related to Title 8 of the United States Code without the person's informed consent, a warrant signed by a State or federal judge, or a lawful court order or subpoena.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
c. [(1) Pursuant to subsection a. of this section, for every application for a standard motor vehicle driver's license, an examination permit, a standard probationary driver's license, or a standard non-driver identification card, and each related update, renewal, or change of address, by a person who is determined to not already be registered to vote in the State of New Jersey in accordance with subsection g. of this section, 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 if the applicant selects the option to register to vote. Such application shall require an applicant to either affirmatively select or affirmatively decline voter registration as a necessary condition to complete the application. The Chief Administrator shall ensure that electronic records are not transmitted to the Secretary of State for any applicant who has declined registration under this subsection. Upon receiving information pursuant to this section, the Secretary of State shall transmit the person's information to the appropriate county commissioner of registration. The Commissioner of Registration shall register to vote any eligible applicant who has selected voter registration under this subsection.
(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. Paragraph (4) of this subsection 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.
(4) The Chief Administrator shall provide for the following notices to be provided with every application for a standard motor vehicle driver's license, an examination permit, a standard probationary driver's license, or a standard non-driver identification card and every related update, renewal, or change of address conducted pursuant to subsection c. of this section:
(a) a notice requiring the applicant to either affirmatively select or affirmatively decline voter registration as a necessary condition to complete the application;
(b) 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
(c) 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).] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
d. [(1) 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, by an applicant who is determined to already be registered to vote in the State of New Jersey pursuant to subsection g. of this section, the Chief Administrator shall promptly transmit electronically to the Secretary of State information regarding the applicant's name and address for the purpose of maintaining current information on the applicant.
(2) Any 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.
(3) For any information received from the Chief Administrator pursuant to paragraph (1) of subsection d. of this section for an applicant who is already registered to vote in the State of New Jersey, and that indicates a different name or address from that on the person's voter registration record, the Secretary of State shall transmit change of address and change of name information for the person to the appropriate commissioner of registration. The Commissioner of Registration in the applicant's county of residence shall use the change of address or change of name notification to update an existing voter registration, transfer the person's registration file if inactive to the active file, and send to the person's address of record, by forwardable mail, notice of the change and a postage paid preaddressed return form by which the person may verify or correct the information. If the person returns the notice and indicates that the change to the person's registration record was an error, the appropriate county commissioners of registration, including the commissioner of the previous county of residence, shall immediately correct the person's previously updated information in the Statewide Voter Registration System. 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.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
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.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
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.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
g. The Secretary of State and the Chief Administrator shall jointly develop a process by which the Motor Vehicle Commission, upon obtaining a person's full name, date of birth, driver's license or state identification number, residence address, and mailing address if different from residence address, may use information from the statewide voter registration system to determine whether the person is already registered to vote in the state.
[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.]
h. Each change of address notification submitted to the Chief Administrator for the purpose of maintaining current information on a person's motor vehicle license 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 and shall serve as notification for the change of address process. The commissioner of registration shall use the change of address notification to update an existing voter registration unless the registrant 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.
(cf: P.L.2025, c.204, s.6)
3. Section 23 of P.L.1994, c.182 (C.39:3-10m) is amended to read as follows:
23. Notwithstanding any law, rule, or regulation to the contrary, each applicant [, who meets all requirements for eligibility to vote,] for a State motor vehicle driver's license, an examination permit, a probationary driver's license, or a non-driver identification card application [, including any application for a renewal or update thereof, except as provided in paragraph (1) of subsection b. of section 24 of P.L.1994, c.182 (C.39:2-3.2),] submitted to an agent of the New Jersey Motor Vehicle Commission, shall be offered an opportunity to [decline the automatic voter registration as provided pursuant to section 24 of P.L.1994, c.182 (C.39:2-3.2)] register to vote; provided that, in the course of business with the Motor Vehicle Commission, the applicant provides or has provided documentation demonstrating United States citizenship.
(cf: P.L.2025, c.204, s7)
4. Section 4 of P.L.2018, c.6 (C.19:31-6.14) is repealed.
5. This act shall take effect immediately but sections 2 and 3 shall remain inoperative until January 1, 2027; however, the Secretary of State and the Chief Administrator of the New Jersey Motor Vehicle Commission shall take any administrative action in advance of the operative date as necessary to implement the provisions of this act.
STATEMENT
This bill eliminates automatic voter registration through various State agencies, including the Motor Vehicle Commission (MVC) and restores the previous "opt-in" voter registration process.
Under current law, applicants for a motor vehicle driver's license, an examination permit, a probationary driver's license, or a non-driver identification card at the MVC are automatically registered to vote or have an existing voter registration updated unless the applicants decline. This bill eliminates automatic voter registration and replaces it with an option to require applicants to complete and submit a voter registration application in order to be registered to vote while performing other transactions at the MVC and other State agencies. This bill also requires an applicant to provide documentary proof of United States citizenship to the MVC as a condition of voter registration. This requirement applies only when an applicant affirmatively elects to register to vote or update an existing voter registration; it does not apply to applicants who decline to register or who are completing a motor vehicle transaction unrelated to voter registration.
This bill is introduced in response to Governor Mikie Sherrill's public acknowledgement in July 2026 that a software error in the MVC's automatic voter registration system resulted in approximately 6,600 individuals who indicated in response to a direct citizenship question that they were not United States citizens nonetheless being registered to vote between June 2023 and June 2024, with approximately 400 of those individuals subsequently cast ballots in New Jersey elections. While the Administration has ordered an internal investigation, the removal of improperly registered individuals from the voter rolls, and the replacement of the MVC's technology vendor, it has not proposed ending automatic voter registration itself. An "opt-in" registration process, which requires an affirmative act by the applicant is a more reliable safeguard for the accuracy of the State's voter rolls than an automatic registration system that depends on the State correctly processing an "opt-out." It also protects against intentional abuse of the automatic registration system.
This bill repeals the provisions of current law related to automatic voter registration.
