Bill Text: NJ A4616 | 2024-2025 | Regular Session | Introduced
Bill Title: Expands automatic voter registration process to Medicaid applicants; provides for voter registration opt-out following receipt of registration notice.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-06-20 - Introduced, Referred to Assembly Aging and Human Services Committee [A4616 Detail]
Download: New_Jersey-2024-A4616-Introduced.html
Sponsored by:
Assemblyman CHRIS TULLY
District 38 (Bergen)
SYNOPSIS
Expands automatic voter registration process to Medicaid applicants; provides for voter registration opt-out following receipt of registration notice.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning automatic voter registration, amending P.L.2018, c.6 and 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 4 of P.L.2018, c.6 (C.19:31-6.14) is amended to read as follows:
4. a. Any State agency, except for the Motor Vehicle Commission, that the Secretary of State verifies already collects documents that would provide proof of eligibility, including age, citizenship, and residence address, may establish and implement, upon approval by the Secretary of State, a procedure for automatically and electronically transmitting voter registration information to the Secretary of State of persons who are eligible to vote for the purpose of registering such persons to vote or updating their voter registration. Each person from whom such information is collected shall be offered an opportunity to decline automatic voter registration as provided under section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill). Any such agency shall comply with the requirements, to the extent applicable as determined by the Secretary of State, as established in subsections b. through d. of section 24 of P.L.1994, c.182 (C.39:2-3.2).
b. Subject to compliance with all applicable federal laws and regulations, the Division of Medical Assistance and Health Services in the Department of Human Services shall automatically and electronically transmit voter registration information to the Secretary of State for each person who applies to the New Jersey Medical Assistance and Health Services Program, who is of sufficient age to register to vote, and who is externally verified as a United States citizen as part of an application to that division. In processing information received from that division, the Secretary of State and each county commissioner of registration shall comply with the requirements, to the extent applicable as determined by the Secretary of State, as established in section 24 of P.L.1994, c.182 (C.39:2-3.2).
c. Any additional agencies that are designated for automatic voter registration shall comply with the requirements, to the extent applicable as determined by the Secretary of State, as established in section 24 of P.L.1994, c.182 (C.39:2-3.2) for automatic voter registration and shall provide the notices required pursuant to subsection c. thereof to each person from whom such information is collected.
(cf: P.L.2018, c.6, s.4)
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, in the manner provided under section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill). If an applicant changes the applicant's party affiliation when updating an existing voter registration under this section, the applicant shall be sent a confirmation notice by the county commissioner of registration noting that change.
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 in the manner provided under section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(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.
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.2022, c.70, s.6)
3. (New section) a. Upon receiving completed automatic voter registration forms electronically from the New Jersey Motor Vehicle Commission pursuant to section 24 of P.L.1994, c.182 (C.39:2-3.2), or from the Division of Medical Assistance and Health Services in the Department of Human Services or another State agency pursuant to section 4 of P.L.2018, c.6 (C.19:31-6.14), the Secretary of State shall electronically transmit the forms to the respective county commissioners of registration, who shall determine whether each person whose name appears on a form meets the qualifications of a voter under R.S.19:4-1. The county commissioners of registration shall notify each qualified person whose name appears on a form of the automatic voter registration process.
b. If a county commissioner of registration determines that the person whose name appears on the completed automatic voter registration form does not meet the qualifications of a voter under R.S.19:4-1, the county commissioner of registration shall notify the person of the determination in writing, at the address included in the form, unless that person has already declined to register to vote.
c. Each county commissioner of registration shall notify each person registered to vote under subsection a. of this section, in writing, at the address included in the form, of the person's opportunity to: (1) decline to register to vote; or (2) adopt a political party affiliation. Such notification shall be provided to the person by mail, in English and Spanish, and any additional languages to be determined by the Secretary of State. If a person so notified does not decline to register to vote within 21 calendar days after the issuance of the notification, the county commissioner of registration shall add the person's name and all pertinent information to the Statewide Voter Registration System.
d. The county commissioners of registration shall not include in the Statewide Voter Registration System the name of a person who indicates in writing that the person does not wish to be registered to vote.
e. If the information transmitted on the automatic voter registration form is for a person whose name is already included in the Statewide Voter Registration System, and if the information indicates a subsequent change to the person's name or address, the county commissioner of registration shall update the voter's record accordingly. For a change of address to a new county of residence, the county commissioner of registration shall electronically notify, in a form approved by the Secretary of State, the county commissioner of registration of the county where the person was last registered as a voter, who shall remove the person's name from the list of active registered voters in that county.
f. Nothing in this section shall preclude a person who has previously declined to register to vote from subsequently registering to vote.
g. The Secretary of State and each county commissioner of registration shall ensure that election officials shall not provide the record of any person who has declined voter registration, in whole or in part, to any third party and shall establish standards and procedures to safeguard the privacy and security of the information used and obtained pursuant to this section.
h. 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.
4. This act shall take effect immediately.
STATEMENT
This bill expands the automatic voter registration process to Medicaid applicants and provides for each person who automatically registers to vote in this State to decline such automatic voter registration in the days following receipt of a voter registration notice.
Under current law, persons who meet the qualifications to become registered voters may automatically register to vote during a transaction at the New Jersey Motor Vehicle Commission, such as while applying for a motor vehicle driver's license, an examination permit, a probationary driver's license, or a non-driver identification card. Current law also allows any State agency to implement a similar automatic voter registration process, if the Secretary of State verifies that the agency collects the necessary documentation for automatic voter registration. Under current law, the applicant must be given the opportunity to decline automatic voter registration. The opportunity to decline is offered during the applicant's interaction with the New Jersey Motor Vehicle Commission or State agency.
This bill would require the Division of Medical Assistance and Health Services in the Department of Human Services to implement an automatic voter registration process. Under the bill, the division would transmit voter registration information to the Secretary of State for each person who applies to the New Jersey Medical Assistance and Health Services Program, subject to compliance with all applicable federal laws and regulations. The bill would therefor expand automatic voter registration to the population of Medicaid applicants.
In addition, this bill requires for the opportunity to decline automatic voter registration to be offered to the applicant in the days after the person's interaction with the New Jersey Motor Vehicle Commission or State agency, rather than during such interaction. Under the bill, each county commissioner of registration would be required to notify each person registered to vote, in writing, at the address included in the completed automatic voter registration form, of the person's opportunity to: (1) decline to register to vote; or (2) adopt a political party affiliation. Such notification would be provided to the person by mail, in English and Spanish, and any additional languages to be determined by the Secretary of State. If a person so notified does not decline to register to vote within 21 calendar days after the issuance of the notification, the county commissioner of registration would add the person's name and all pertinent information to the Statewide Voter Registration System.
