New Jersey-2020-A5097-Introduced

An Act concerning voter list maintenance and amending P.L.2005, c.145.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 2 of P.L.2005, c.145 (C.19:31-32) is amended to read as follows:

2. a. The Statewide voter registration system shall replace all other computer or electronic-based registry files of voters and other voter registration files established and maintained by each county commissioner of registration for voter registration and election administration purposes established pursuant to the provisions of Title 19 and Title 40 of the Revised Statutes, and shall be the single system for storing and managing the official file of registered voters throughout the State. A commissioner may, however, continue to use and maintain as a supplement to the system the original and duplicate permanent registration binders and voting records and shall continue to use and maintain the signature copy registers or polling records provided for in Title 19 of the Revised Statutes.

b. Each county commissioner of registration shall be responsible for adding to, deleting from, amending and otherwise conducting on a regular basis maintenance for the files of every legally registered voter in that commissioner's county as contained in the Statewide voter registration system, pursuant to the provisions of section 303 of Pub.L.107-252 (42 U.S.C. s. 15301 et seq.) and Title 19 of the Revised Statutes. Each commissioner shall be responsible for verifying the accuracy of the name, address and other data of registered voters in the commissioner's respective county as contained in the system. The commissioner who receives the voter registration forms of individuals who have registered to vote in the county or who are re-registering for any reason shall be responsible for entering the information on those forms into the system on an expedited basis, and electronically transferring into the system the information from online voter registration forms completed pursuant to section 1 of P.L.2019, c.382 (C.19:31-6.4c), including but not limited to forms and information received pursuant to chapter 31 of Title 19 of the Revised Statutes. The information the commissioner shall use to update and maintain the system shall be that required by subsection c. of section 1 of P.L.2005, c.145 (C.19:31-31).

c. The Secretary of State and each county commissioner of registration shall be responsible for developing and providing the technological security measures needed to prevent unauthorized access to the Statewide voter registration system established pursuant to section 1 of P.L.2005, c.145 (C.19:31-31) and to the information for any individual on the system required by subsection c. of section 1 of that act.

d. (1) The Secretary of State, in consultation with each county commissioner of registration, shall develop minimum standards to safeguard the security and accuracy of the files contained in the Statewide voter registration system. Such standards shall include procedures to ensure that reasonable effort is made to remove registrants who are ineligible to vote pursuant to federal or State law and to ensure that eligible voters are not removed in error from the system.

(2) The Secretary of State, in consultation with each commissioner of registration, shall develop and update, as appropriate, a Statewide voter list maintenance and crosscheck program. The purpose of the program shall be to maintain and keep up-to-date a secure and accurate Statewide voter registration system. The program, at a minimum, shall provide for the crosschecking of information in the Statewide database with information obtained via agreements entered into by the secretary pursuant to subsection e. of this section and shall provide for the sharing of voter information among each county clerk and commissioner of registration. The secretary, in consultation with each commissioner of registration, shall establish uniform standards and procedures for voter list maintenance and crosschecking. At a minimum, the program shall permit a county commissioner of registration to verify a new voter registration applicant's information, update information in the Statewide voter registration system, and remove duplicate, non-resident, or ineligible voters from the Statewide voter registration system.

e. (1) The Secretary of State and the Chief Administrator of the New Jersey Motor Vehicle Commission in the Department of Transportation shall enter into an agreement to match information in the database of the Statewide voter registration system with information in the database of the commission, including social security numbers, to the extent required to enable verification of the accuracy of the information provided on applications for voter registration, and to locate and utilize for voter registration purposes the digitized signatures of licensed drivers or holders of non-driver identification cards who register to vote using an online voter registration form, as provided pursuant to section 1 of P.L.2019, c.382 (C.19:31-6.4c).

(2) The Secretary of State shall enter into an agreement with the Commissioner of the Department of Health and Senior Services to match information in the database of the Statewide voter registration system with State agency information on death records.

(3) The Secretary of State shall enter into an agreement with the Commissioner of the Department of Corrections to match information in the database of the Statewide voter registration system with State agency information on individuals who are incarcerated, on probation, or on parole as the result of a conviction for an indictable offense.

(4) The Secretary of State shall enter into an agreement with the Administrative Office of the Courts to match information in the database of the Statewide voter registration system with State agency information on individuals who are incarcerated, on probation, or on parole as the result of a conviction for an indictable offense.

(5) The Secretary of State shall enter into an agreement with the State Parole Board to match information in the database of the Statewide voter registration system with State agency information on individuals who are on parole.

(cf: P.L.2019, c.382, s.5)

2. Section 3 of P.L.2005, c.145 (C.19:31-33) is amended to read as follows:

3. Each year, no later than 90 days following the date of the November general election, the [Attorney General] Secretary of State shall prepare and submit to the Governor and the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly and the Minority Leader of the General Assembly a report that:

a. assesses the current status of the voter list maintenance and crosscheck program and the Statewide voter registration system;

b. assesses the hardware and software required to maintain and expand the system;

c. reviews existing or planned statewide voter registration systems in other states or as may be required by Pub.L.107-252 (42 U.S.C. s.15301 et seq.) or the federal Election Assistance Commission created by that law;

d. recommends ways to strengthen and expand electronic communications among those executive departments and State agencies designated by the [Attorney General] Secretary of State to have access to the system, the county commissioners of registration and the county and municipal clerks; [and]

e. recommends ways to improve the effectiveness of the system in the administration of elections and voting in this State;

f. evaluates the effectiveness of the agreements entered into by the Secretary of State pursuant to subsection e. of section 2 of P.L.2005, c.145 (C.19:31-32);

g. lists the number of inactive and active voters in the State by county, the number of registrants transferred to the death file by county, and the number of registrants removed from the Statewide voter registration system by county;

h. lists the counties that are not compliant with the standards and procedures for voter list maintenance and crosschecking established by the Secretary of State; and

i. provides any other information deemed appropriate by the Secretary of State or requested by the Governor or the Legislature.

In preparing the report, the [Attorney General] Secretary of State shall solicit the views of county clerks and commissioners of registration and such other individuals familiar with the system as the [Attorney General] Secretary of State may wish to consult.

The Attorney General shall submit the initial report to the Governor and the President of the Senate, the Minority Leader of the Senate, the Speaker of the General Assembly and the Minority Leader of the General Assembly no later than two years after the effective date of P.L.2005, c.145 (C.19:31-31 et al.).

(cf: P.L.2005, c.145, s.3)

3. This act shall take effect immediately.

STATEMENT

This bill directs the Secretary of State, in consultation with each commissioner of registration, to establish and update, as appropriate, a voter list maintenance and crosscheck program. The purpose of the program would be to maintain and keep up-to-date a secure and accurate Statewide voter registration system.

Under the bill, the program, at a minimum, must provide for the crosschecking of information in the Statewide database with information obtained via voter registration information agreements entered into by the secretary under current law and must provide for the sharing of voter information among each county clerk and commissioner of registration. The secretary, in consultation with each commissioner of registration, is required to establish uniform standards and procedures for voter list maintenance and crosschecking. At a minimum, the program must permit a county commissioner of registration to verify a new voter registration applicant's information, update information in the Statewide voter registration system, and remove duplicate, non-resident, or ineligible voters from the Statewide voter registration system.

The bill also requires the annual report on the voter registration system to the Governor and the Legislature to be submitted no later than 90 days following the date of the November general election. Under the bill and in addition to the requirements in current law, the report is required to:

(1) evaluate the effectiveness of any voter registration information agreements entered into by the Secretary of State;

(2) list the number of inactive and active voters in the State by county, the number of registrants transferred to the death file by county, and the number of registrants removed from the Statewide voter registration system by county; and

(3) list the counties that are not compliant with the standards and procedures for voter list maintenance and crosschecking established by the Secretary of State.