Bill Text: NJ S3185 | 2020-2021 | Regular Session | Introduced
Bill Title: Allows current and former judicial officers, prosecutors, and law enforcement officers and certain family or household members to register to vote without disclosing residential address; prohibits public disclosure of that information.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2021-03-04 - Reported from Senate Committee, 2nd Reading [S3185 Detail]
Download: New_Jersey-2020-S3185-Introduced.html
Sponsored by:
Senator JOSEPH P. CRYAN
District 20 (Union)
Senator LORETTA WEINBERG
District 37 (Bergen)
Senator NELLIE POU
District 35 (Bergen and Passaic)
SYNOPSIS
Allows current and former judicial officers, prosecutors, and law enforcement officers and certain family or household members to register to vote without disclosing residential address; prohibits public disclosure of that information.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning voter registration for certain judicial officers, prosecutors, and law enforcement officers and certain family or household members thereof and amending P.L.1994, c.182 and supplementing chapter 31 of Title 19 of the Revises Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. A person who is (1) an active, formerly active, or retired judicial officer, prosecutor, or law enforcement officer, or (2) a member of the immediate family of such a person, or (3) a person residing in the same household as such a person, shall be allowed to register to vote without disclosing their street address. The person registering to vote shall leave the space for a street address on the original permanent registration form blank and shall, instead, attach to the form a document showing proof that the person qualifies to register to vote pursuant to paragraphs (1), (2), or (3) of this subsection. The form shall contain a mailing address, post office box, or other contact point where mail can be received by the person registering to vote.
b. Upon receipt of a voter registration form completed pursuant to subsection a. of this section, the commissioner of registration in all counties having a superintendent of elections, and the county board of elections in all other counties, shall provide the person registering to vote with a map of the municipality in which the person resides which shows the various voting districts. The person shall indicate to the commissioner or board, as appropriate, the voting district in which the person resides and shall be permitted to vote at the polling place for that district. If such a person thereafter changes residences, and the person continues to qualify to register to vote pursuant to subsection a. of this section, the person shall so inform the commissioner or board by completing a new permanent registration form in the manner described in this section.
c. Any person who makes public any information which has been provided by a registrant pursuant to this section concerning the mailing address, post office box, or other contact point of the registrant, or concerning the election district in which the registrant resides, is guilty of a crime of the fourth degree.
d. The Secretary of State, in consultation with the county boards of elections and county superintendents of elections, shall develop guidelines and criteria to be used for the implementation of the voter registration provisions authorized under this section, which shall include, but may not be limited to, the documents that may be submitted as proof that a person qualifies to register to vote pursuant to paragraphs (1), (2), or (3) of subsection a. of this section.
e. As used in this section:
"Judicial officer" means any active, formerly active, or retired federal, state, county, or municipal judge, including a judge of the Tax Court and any other court of limited jurisdiction established, altered, or abolished by law, a judge of the Office of Administrative Law, a judge of the Division of Workers' Compensation, and any other judge established by law who serves in the executive branch.
2. 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 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); and
(4) a notice that an applicant who is an active, formerly active, or retired judicial officer, prosecutor, or law enforcement officer, or a member of the immediate family of such a person, or a person residing in the same household as such a person, may decline the automatic voter registration and register to vote without disclosing the applicant's street address pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
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.
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)
3. This act shall take effect immediately.
STATEMENT
This bill allows current and former judicial officers, prosecutors, and law enforcement officers, and certain family members and persons residing in the same household, to register to vote without disclosing their residential address. This bill also prohibits the public disclosure of the voter registration information of those persons.
Under the bill, any (1) active, formerly active, or retired judicial officer, prosecutor, or law enforcement officer, or (2) a member of the immediate family of such a person, or (3) a person residing in the same household as such a person, would be permitted to register to vote without disclosing their street address. Such registrants would leave the space for a street address on the voter registration form blank and would, instead, attach to the form a document showing proof that the person qualifies to register to vote as permitted under the bill. The form would contain a mailing address, post office box, or other contact point where mail can be received by the person registering to vote. Upon receiving a voter registration form, the commissioner of registration or county board of elections, as the case may be, would provide the person registering to vote with a map of the municipality in which the person resides to select the voting district in which the registrant will be permitted to vote. Future address updates to the qualified registrant's voter registration form would be conducted in the same manner.
Under the bill, any person who makes public any information which has been provided by a registrant concerning the mailing address, post office box, or other contact point of the registrant, or concerning the election district in which the registrant resides, is guilty of a crime of the fourth degree. The bill directs the Secretary of State, in consultation with the county boards of elections and county superintendents of elections, to develop implementation guidelines and criteria including, but not be limited to, the required documentation and proof of eligibility.
The bill also amends current law concerning automatic voter registration services at the New Jersey Motor Vehicle Commission to require that a notice be provided to eligible applicants to inform them that they may decline the automatic voter registration and may register to vote without disclosing the applicant's street address as provided by the bill.
This bill is modeled after the privacy protections afforded under current law for victims of domestic violence and stalking with respect to their voter registration.
