Changes MVC voter registration procedures.

A1196

ASSEMBLY, No. 1196

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman ALEXANDER "AVI" SCHNALL

District 30 (Monmouth and Ocean)

SYNOPSIS

���� Changes MVC voter registration procedures.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning voter registration with the Motor Vehicle
Commission and amending various parts of the statutory law.

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

���� 1.��� R.S.19:31-6 is amended
to read as follows:

���� 19:31-6.� Any person qualified
to vote in an election shall be entitled to vote in the election if the person
shall have registered to vote on or before the 21st day preceding the election
by:

���� a.��� registering in person at
any offices designated by the commissioner of registration for providing and
receiving registration forms;

���� b.���
[
completing a
voter registration form
]

engaging in a voter registration transaction, as processed by a county
commissioner of registration,
while applying for a motor vehicle driver's
license from an agent of the New Jersey Motor Vehicle Commission, as provided
for in section 24 of P.L.1994, c.182 (C.39:2-3.2);

���� c.��� completing and returning
to the Secretary of State or having returned thereto a voter registration form
received from a voter registration agency, as defined in subsection a. of
section 26 of P.L.1994, c.182 (C.19:31-6.11), while applying for services or
assistance or seeking a recertification, renewal or change of address at an
office of that agency;

���� d.��� completing and returning
to the Secretary of State a voter registration form obtained from a public
agency, as defined in subsection a. of section 15 of P.L.1974, c.30
(C.19:31-6.3);

���� e.��� completing and returning
to the Secretary of State or having returned thereto a voter registration form
received from a door-to-door canvass or mobile registration drive, as provided
for in section 19 of P.L.1974, c.30 (C.19:31-6.7);

���� f.���� completing and
returning to the Secretary of State a federal mail voter registration form, as
prescribed in subsection (b) of section 9 of the "National Voter
Registration Act of 1993," (42 U.S.C. s. 1973gg et seq.);

���� g.��� completing and returning
to the Secretary of State or the appropriate county clerk an application for a
federal postcard application form to register to vote, as permitted pursuant to
the federal "Uniform and Overseas Citizens Absentee Voting Act" 52
U.S.C. s.120301 et seq.) and section 4 of P.L.1976, c.23 (C.19:59-4);

���� h.��� completing a provisional
ballot affirmation statement and voting the provisional ballot in the previous
election, if the person who submitted the provisional ballot in that election
is determined not to be a registered voter; or

���� i.���� completing and
submitting an online voter registration form available on the Secretary of
State's Internet website, as provided under section 1 of P.L.2019, c.382
(C.19:31-6.4c).

���� When the commissioner has
designated a place or places other than his office for receiving registrations,
the commissioner shall cause to be published a notice in a newspaper circulated
in the municipality wherein such place or places of registration shall be
located.� Such notice shall be published pursuant to R.S.19:12-7.

���� Any office designated by the
commissioner of registration for receiving registration forms shall have
displayed, in a conspicuous location, registration and voting instructions.�
These instructions shall be the same as those provided for polling places under
R.S.19:9-2 and shall be provided by the commissioner.

(cf: P.L.2022, c.72, s.16)

���� 2.��� Section 17 of P.L.1974,
c.30 (C.19:31-6.5) is amended to read as follows:

���� 17.� a. Upon receipt of any
completed registration form, the commissioner of registration shall review it,
and if it is found to be in order, shall:

���� (1)� Send to the registrant
written notification that such registrant is duly registered to vote.� No
registrant shall be considered a registered voter until the commissioner of
registration reviews the application submitted by the registrant and deems it
acceptable.� On the face of such notification in the upper left-hand corner
shall be printed the words:� "Do Not Forward. Return Postage Guaranteed.�
If not delivered in 2 days, return to the Commissioner of Registration."

���� (2)� In as timely a manner as
possible, enter the information provided for the registrant on the completed
registration form, or electronically transfer the information from an online
voter registration form completed pursuant to section 1 of P.L.2019, c.382 (C.19:31-6.4c)

or received electronically from the Motor Vehicle Commission pursuant to
section 24 of P.L.1994, c.182 (C.39:2-3.2),
into the Statewide voter
registration system established pursuant to section 1 of P.L.2005, c.145
(C.19:31-31).

���� (3)� Paste, tape, or photocopy
the completed registration form onto an original registration form, and shall
paste or tape a copy of such completed registration form onto a duplicate
registration form, both of which shall be filed as provided in R.S.19:31-10.�
Nothing in this paragraph shall preclude any commissioner of registration from
keeping the original mail registration form on file.

���� (4)� In the case of a
registrant currently registered in another county of this State, notify the
commissioner of registration of such other county to remove the individual's
name from the registry list of voters of the county and place into an
appropriate retention file all registration documents or material relating to
that voter.� The commissioner of registration of the current county of the
registrant shall secure and maintain the entire voting history of that
registrant.

���� b.��� The commissioner shall
notify a registrant of the reasons for any refusal to approve his
registration.�

���� c.��� (Deleted by amendment,
P.L.1994, c.182.)

(cf: P.L.2019, c.382, s.3)

���� 3.��� 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
sufficient information, including through
documents
or
database verification,
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. Any such agency
, as well as 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 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 established in subsections b. through d. of
section 24 of P.L.1994,� c.182 (C.39:2-3.2), to the extent applicable as
determined by the Secretary of State.

����
c.��� Subject to compliance
with all applicable federal laws and regulations, the Department of Corrections,
the Secretary of State, and the Motor Vehicle Commission shall coordinate to
ensure that eligible individuals scheduled to be released from incarceration
imposed as a sentence for a crime and who are provided a non-driver
identification card in anticipation of release pursuant to section 2 of
P.L.2020, c.45 (C.30:1B-6.15) are also provided voter registration
opportunities pursuant to section 24 of P.L.1994, c.182 (C.39:2-3.2) as part of
the application for such non-driver identification card. An otherwise eligible
individual shall not be registered to vote pursuant to this section until the
person�s release from incarceration imposed as a sentence for a crime, and the
notices and procedures required by section 24 of P.L.1994, c.182 (C.39:2-3.2)
may be modified by the Secretary of State to allow for processing of
registration information from an otherwise eligible person and to reflect that
an otherwise eligible person shall not be registered to vote until the person�s
release from incarceration imposed as a sentence for a crime.� In processing
information received pursuant to this section, the Secretary of State, and each
county commissioner of registration shall comply with the requirements
established in section 24 of P.L.1994, c.182 (C.39:2-3.2), to the extent
applicable as determined by the Secretary of State.
�
The Secretary of
State and the Department of Corrections shall jointly ensure that no person is
registered to vote pursuant to this subsection until the person has been
released from incarceration imposed as a sentence for a crime.

����
d.
��� Any additional
agencies that are designated for automatic voter registration
pursuant to
subsection a. of this section
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.
]

b. through
d. of this section
to each person from whom such information is collected.

����
e.��� Pursuant to section
21 of P.L.1974, c.30 (C:19:31-6.9), the Secretary of State shall develop
procedures for processing electronic records received from an agency pursuant
to this section without a digitized image of the applicant�s signature.� Such
records shall be processed as complete registration records, despite the
absence of a digitized image of the applicant�s signature, and a person whose
registration record does not contain a digitized image of their signature shall
be identified as such in the statewide voter registration system. The
procedures developed by the Secretary of State shall include methods for
obtaining a signature for those individuals whose registration record does not
contain a digitized image of their signature. Such methods shall include, but
need not be limited to, obtaining a signature for the individual if available from
the Motor Vehicle Commission, and allowing individuals to provide a signature
through a mailing requesting a signature, uploading, or otherwise providing a
signature electronically, providing a signature on a request for a mail-in
ballot or a mail-in ballot envelope, and providing a signature at an early
voting location or polling place. An individual whose registration record does
not contain a digitized image of their signature shall not be permitted to vote
unless and until a signature is obtained for the individual by one of the
methods specified by the Secretary of State. An individual providing their
signature pursuant to this subsection on a request for a mail-in ballot or a
mail-in ballot envelope or at an early voting location or polling place prior
to voting shall also provide one of the forms of identification specified in subsection
b. of R.S.19:15-17 or another form of identification specified by the Secretary
of State.

(cf: P.L.2018, c.6, s.4)

���� 4.��� R.S.19:31-11 is amended
to read as follows:

���� 19:31-11.� a.� In all counties
within the State, change of residence notices shall be made: (1) by a written
request, signed by the registrant, forwarded to the commissioner by mail, and
actually received by the commissioner; (2) by calling in person at the office
of the commissioner or the municipal clerk; or (3) by completing and submitting
a change of residence notice online as provided by the Secretary of State.�
Change
of residence information shall also be received from the Motor Vehicle
Commission and processed pursuant to subsection d. of section 24 of P.L.1994,
c.182 (C.39:2-3.2).
� The commissioner shall provide change of residence
notices in card form for the use of any registered voter moving to another
address within the same election district; to another election district within
the same county; or to another election district in another county for
processing as provided under subsection c. of this section.� Copies of these
notices shall also be available at the office of the municipal clerk in each
municipality.� Each municipal clerk shall transmit daily to the commissioner
all the filled out change of residence notices that may be in the municipal
clerk's office at the time.� These notices shall be printed upon cards, shall
contain a blank form showing where the applicant last resided and the address
and exact location to which the applicant has moved and shall have a line for
the applicant's signature, printed name and date of birth.� Upon receipt of
such change of residence notice the commissioner shall cause the signature to
be compared with the registration forms of the applicant and, if such signature
appears to be of and by one and the same legal voter, the commissioner shall
cause the entry of the change of residence to be made on those registration
forms and the registrant shall thereupon be qualified to vote in the election
district to which the registrant shall have so moved.� If the commissioner is
not satisfied as to the signature on the request for a change of residence, a
confirmation notice as prescribed by subsection d. of R.S.19:31-15 shall be
sent by mail with postage prepaid to the registrant at the new address.

���� The application for change of
residence shall be filed with the commissioner or municipal clerk, as the case
may be, on or before the 21st day preceding any election.

���� b.��� In any county any voter
who, prior to an election, shall move within the same county after the time
above prescribed for filing an application for change of residence without
having made application for change of residence, or who has not returned a confirmation
notice sent to the voter by the commissioner of registration of the county, if
such a notice has been sent to the voter, or who has not moved since the
previous election but whose registration information is missing or otherwise
deficient, or has otherwise failed to notify the commissioner of registration
of the voter's change of address within the county, shall be permitted to vote
in that election in the district to which the voter has moved, upon making a
written affirmation regarding the change of address at the polling place of the
district in which the voter resides on the day of the election.� No identifying
document shall be required from the voter for this affirmation.� A district
board member shall provide the voter with a provisional ballot, and an envelope
with an affirmation statement that conforms with the requirements for such
documents contained in subsection b. of section 7 of P.L.1999, c.232
(C.19:53C-1).� The voter shall complete the provisional ballot and affirmation
statement, place the ballot in the envelope, seal and return it to the district
board member.� The board member shall review the information in the affirmation
statement for completeness before forwarding it for inspection, tabulation and
notation by the county board of elections, as provided for by sections 7
through 26 of P.L.1999, c.232 (C.19:53C-1 through C.19:53C-20).� The
affirmation statement shall constitute a transfer to the registrant's new
residence for any subsequent election.� However, if the voter has moved from
one residence to another within the same election district at any time, the
voter shall be permitted to vote in such election district at any election in
the same manner as other voters at the polling place upon written affirmation
by the registrant to the district board member of the registrant's change of
address.

���� c.��� A voter who moves from
an election district in one county to an election district in another county
prior to the close of registration preceding an election shall register in the
new county of residence, in accordance with the provisions of R.S.19:31-6, or
shall file a change of residence notice with the commissioner of either county
or complete and submit that notice online as provided by the Secretary of
State,
or have their registration updated pursuant to subsection d. of
section 24 of P.L.1994, c.182 (C.39:2-3.2),
in order to be permitted to
vote.� A change of residence notice filed by a voter pursuant to this
subsection shall cause the commissioners of the county of previous residence
and the county of new residence to update the voter registration record of that
voter.� The commissioner of the county of new residence shall notify the voter
by mail that the voter is now registered to vote in that county or, if the
notice submitted by the voter is incomplete, to request any additional
information or documentation necessary to finalize the change of residence
notice.� Nothing in this subsection shall be interpreted to waive the
requirement specified under R.S.19:31-5 that the voter shall have been a
resident of the county of new residence for at least 30 days prior to being
eligible to vote in any election in that county.

(cf: P.L.2022, c.67, s.12)

���� 5.��� R.S.19:31-13 is amended
to read as follows:

���� 19:31-13.� Whenever the
registrant after his or her original registration shall change his or her name
due to marriage, divorce, or by judgment of court, the registrant shall in
person or by mail submit to the commissioner of registration a written statement
notifying the commissioner of the change, which statement shall take such form,
and be printed on a postal card suitable for mailing of such design, as the
Attorney General shall prescribe and shall be signed by the registrant.� A
registrant may complete the form online as provided by the Secretary of State.�

Change of name information shall also be received from the Motor Vehicle
Commission and processed pursuant to subsection d. of section 24 of P.L.1994,
c.182 (C.39:2-3.2).
� The commissioner, upon receipt of such a notice of
change of name, shall revise accordingly the name of the registrant as it
appears among the items of information concerning the registrant included on
the registrant's registration forms, shall make a photographic copy of the notice
of name change submitted by the registrant, and shall affix the original notice
so submitted to the registrant's original registration form and the
photographic copy of that notice to the registrant's duplicate registration
record.

���� When notice of such change in
name has not been received by or filed with the commissioner prior to the 21st
day preceding any election, such person may be permitted to vote under the name
under which the person was registered prior to that change at the first
election following such change in name at which the person shall appear to
vote, after signing the signature copy register with both the registered name
and his or her new name.� The commissioner shall then revise accordingly the
name of the registrant as it appears on the registrant's registration forms,
make a photographic copy of the notice, and affix the original and copy of the
notice to the registrant's permanent registration forms as hereinabove
prescribed.

(cf: P.L.2022, c.67, s.13)

���� 6.��� 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.� 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,
where, in the course of business with the
Motor Vehicle Commission, the applicant provides documentation demonstrating
United States citizenship, is not already registered to vote in the State of
New Jersey, 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) 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 is a
participant in the Address Confidentiality Program pursuant to R.S.47:4-1.�
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.� The Secretary of State and the Chief Administrator shall jointly
determine which documents acceptable for transactions pursuant to subsection a.
of this section demonstrate United States citizenship.

����
(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.� 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.

����
(4)
The notice provided under paragraph (3) of this subsection shall

also include a statement that, if the person declines to register to vote, the
fact that the person has declined registration will remain confidential and
will be used only for election administration purposes, and 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.� The notice shall also provide information and
procedures for anyone wishing to prevent disclosure of their street address.

����
(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 and declines to be
registered, the person�s registration shall be cancelled, 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.

����
(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 election administration.� 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.� An individual�s notice form declining to be registered is not
considered a government record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.)
or the common law concerning access to government records.

����
c.
��� (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,
by a person who is not already registered to vote in the State of
New Jersey and whose information is not subject to transmission to the
Secretary of State pursuant to subsection b. of this section,
except as
provided in
[
paragraphs
]

paragraph

(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
.�
The Commissioner of Registration shall register to vote or update an existing
registration for any eligible applicant who has
[
not declined
]

selected

voter registration
under this subsection.� However, any person who, at the
time of the transaction with the Motor Vehicle Commission, provides a document
that conclusively demonstrates that the person is not a United States citizen
shall not be offered the opportunity to register to vote.� The Secretary of
State and the Chief Administrator shall jointly determine which documents
acceptable for transactions pursuant to subsection a. of this section
conclusively demonstrate that a person is not a United States citizen.

���� (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.
]

d.
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.
]

(3)
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
as designated pursuant to
paragraph (1) of this subsection
:

����
[
1
]

(a)
a notice
[
that the
applicant will be registered to vote, if eligible, unless the applicant
specifically declines the automatic voter registration
]

requiring
the applicant to either affirmatively select or affirmatively decline voter
registration as a necessary condition to complete the application
;

����
[
2
]

(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

����
[
3
]

(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).

���� 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
]

(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 already registered to vote in the
State of New Jersey, 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, the Secretary of
State shall determine if the information provided to the Chief Administrator
indicates a different name or address from that on the person�s registration
record.� If the information provided to the Chief Administrator indicates a
different name or address from that on the person�s 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.� If
the applicant has changed residence from one county to another, the Secretary
of State shall submit the information to both the commissioner of the previous
county of residence and the new county of residence.
�
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
[
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
]
, 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.

���� e.�
(1)
� 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.

����
(2)�
If a person who is not entitled to vote becomes registered
to vote pursuant to this section and� votes or attempts to vote in an election
held after the effective date of the person�s registration, that person shall
be presumed to have an affirmative defense to prosecution under R.S. 19:34-11
and R.S. 19:34-23.� This subsection shall not apply to a person who knowingly
and willfully makes a false statement to effectuate voter registration or who
intentionally
takes voluntary action to register to vote or vote knowing that he or she is
not entitled to vote
.

���� 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 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.

(cf: P.L.2022, c.70, s.6)

���� 7.��� Section 23 of P.L.1994,
s.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
[
paragraphs
]
paragraph

(2)
[
and
(3)
]

of subsection
[
b
]

c
. 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).

(cf: P.L.2018, c.6, s.2)

���� 8.��� The Secretary of State
may promulgate any guidelines or regulations necessary to effectuate the
purposes of P.L.� ��, c. ��(C. ������)(pending before the Legislature as this
bill), which regulations shall be effective immediately upon filing with the
Office of Administrative Law for a period not to exceed 18 months, and shall,
thereafter, be amended, adopted or readopted in accordance with the provisions
of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et
seq.).

���� 9.��� This act shall take
effect on January 1,
[
2025
]

2026
,
except that the Secretary of State may take any anticipatory administrative
action in advance thereof as shall be necessary for the implementation of this
act.

STATEMENT

����� T
his bill revises the Motor Vehicle Commission
voter registration procedures.

���� Section 1 of the bill
specifies that a person registers to vote by engaging in a voter registration
transaction, as processed by a county commissioner of registration, pursuant to
current law.

���� Section 2 of the bill allows
transfer of information on a newly registered voter received electronically by
the MVC into the Statewide voter registration system.

���� Section 3 of the bill directs
the Division of Medical Assistance and Health Services to automatically
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 eligible to vote. �The Department of Corrections, the Secretary of
State, and the Motor Vehicle Commission must coordinate to ensure that eligible
individuals scheduled to be released from incarceration imposed as a sentence
for a crime and who are provided a non-driver identification card in
anticipation of release are also provided voter registration opportunities as
part of the application for such non-driver identification card. An otherwise
eligible individual would not be registered to vote until the person�s release from
incarceration, and the notices and procedures may be modified by the Secretary
of State to allow for processing of registration information from an otherwise
eligible person and to reflect that an otherwise eligible person must not be
registered to vote until the person�s release from incarceration. The Secretary
of State and the Department of Corrections must jointly ensure that no person
is registered to vote until the person has been released from incarceration.

The information received by
the Secretary of State from the division and department does not require a
digitized image of the applicant�s signature.

���� Section 3 of the bill also
provides that voter registration records must be processed as complete
registration records, despite the absence of a digitized image of the
applicant�s signature, and a person whose registration record does not contain
a digitized image of their signature must be identified as such in the
statewide voter registration system. The Secretary of State must develop
methods for obtaining a signature for those individuals, such as a signature
for the individual if available from the Motor Vehicle Commission, allowing
individuals to provide a signature through a mailing requesting a signature,
uploading, or otherwise providing a signature electronically, providing a
signature on a request for a mail-in ballot or a mail-in ballot envelope, and
providing a signature at an early voting location or polling place. An
individual whose registration record does not contain a digitized image of
their signature would not be permitted to vote unless and until a signature is
obtained for the individual by one of the methods specified by the Secretary of
State. An individual providing their signature on a request for a mail-in
ballot or a mail-in ballot envelope or at an early voting location or polling
place prior to voting must also provide one of the forms of identification
specified under current law or another form of identification specified by the
Secretary of State.

���� Section 4 of the bill changes
to residence information are permitted to be received, processed, and updated
by the MVC in addition to the commissioner, municipal clerk, or the Secretary
of State for voter registration purposes.

���� Section 5 of the bill changes
to name information are permitted to be received and processed by the MVC for
voter registration purposes.

���� Section 6 of the bill directs
the MVC to automatically transfer information to the Secretary of State about
each person, except those in the Address Confidentiality Program, who
approaches the MVC for a motor vehicle driver�s license or similar license who
is not registered to vote, is of age, and is a citizen.� If the person is
determined to be eligible to vote by the Secretary of State, the secretary will
transmit the information to the appropriate county commissioner of registration
who will register the person to vote and send a notice to the person by mail
confirming the registration.� The notice will include a form with prepaid
postage by which the person may declare a political party affiliation, request
mail-in ballots until indicated otherwise, or decline to be registered to vote.

���� Section 6 also requires that
the notice will 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.

���� Section 6 also removes the
requirement that voter registration information from an application received
online for the renewal of a motor vehicle driver's license or non-driver
identification card will be collected and transmitted electronically to the Secretary
of State upon the implementation by the Secretary of State of online voter
registration.

���� Section 6 also directs the MVC
to transmit to the Secretary of State the applicant�s name and address for
every application for a motor vehicle driver�s license, or similar license, and
each related update, renewal, or change of address, by an applicant who is
already registered to vote in the State of New Jersey for the purpose of
maintaining current information on the applicant.� If the Secretary of State
finds that the name or address provided by the MVC is different than the name
or address on the voter�s registration record, the secretary will transmit the
updated name or address to the appropriate county commissioner of
registration.� A notice of the change and a postage paid preaddressed return
form by which the person may verify or correct the information will be sent to
the person.� If the person returns the notice and indicates that the change to
the person�s registration record was an error, the appropriate county
commissioner of registration will immediately correct the person�s previously
updated information in the statewide voter registration system.

���� Section 6 provides that
nothing in this section would be construed to require the Motor Vehicle
Commission to maintain or validate official records of voter registration. This
section requires the Secretary of State and the Chief Administrator to jointly
determine which documents acceptable for transactions demonstrate United States
citizenship. This section specifies that a person would not be registered to
vote until their information has been received and processed by a county
commissioner of registration, provided that such registration will be deemed
effective as of the date of the person�s application with the Motor Vehicle
Commission. The voter registration application must require an applicant to
either affirmatively select or affirmatively decline voter registration as a
necessary condition to complete the application.

���� Under section 9 of the bill,
the bill would take effect on January 1, 2026.