Requires automatic voter registration to be available when applying for certain licenses and permits.

A133

ASSEMBLY, No. 133

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman AL BARLAS

District 40 (Bergen, Essex and Passaic)

Assemblyman CHRISTOPHER P. DEPHILLIPS

District 40 (Bergen, Essex and Passaic)

Assemblywoman DAWN FANTASIA

District 24 (Morris, Sussex and Warren)

Co-Sponsored by:

Assemblyman Bergen

SYNOPSIS

���� Requires automatic voter registration to be available
when applying for certain licenses and permits.

CURRENT VERSION OF TEXT

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

��

An Act

concerning automatic voter registration and
amending R.S.19:31-6, P.L.2018, c.6, and P.L.1994, c.182.

����
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 while applying for a motor vehicle driver's license
or a license
to operate a power vessel
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)
;

����
j.���� completing a voter
registration form while applying for a hunting, fishing, or trapping license, an
all around sportsman license, a beaver trapping permit, a wild turkey permit,
or a deer permit, from an agency or office under the Division of Fish and
Wildlife in the Department of Environmental Protection, as provided for in
section 4 of P.L.2018, c.6 (C.19:31-6.14); or

����
k.��� completing a voter
registration form while applying for a firearms purchaser identification card
or a permit to carry handguns under any local police force or the Division of
State Police in the Department of Law and Public Safety, as provided for in
section 4 of P.L.2018, c.6 (C.19:31-6.14)
.

���� 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 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.� 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.��� 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.

����
c.� Notwithstanding the
provisions of this section to the contrary, any agency or office providing
hunting, fishing, or trapping licenses established pursuant to R.S.23:3-4, all
around sportsman licenses established pursuant to section 11 of P.L.1982, c.180
(C.23:3-1.1), beaver trapping permits established pursuant to R.S.23:4-55, wild
turkey permits established pursuant to section 7 of P.L.1986, c.198
(C.23:3-27.1), or deer permits established pursuant to section 1 of P.L.1959,
c.37 (C.23:3-56.1), under the Division of Fish and Wildlife in the Department
of Environmental Protection, established pursuant to P.L.1999, c.282
(C.23:2B-15.1), and that the Secretary of State verifies already collects
documents that would provide proof of eligibility, including age, citizenship,
and residence address, shall 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.� An agency or office implementing the provisions of this
subsection shall comply with the requirements, to the extent applicable as
determined by the Secretary of State, for automatic voter registration as
established in subsections b. through d. of section 24 of P.L.1994, c.182 (C.39:2-3.2),
including the provision of the notices required pursuant to subsection c.
thereof to each person from whom voter registration information is collected.

����
d.��� Notwithstanding the
provisions of this section to the contrary, any local police force or the
Division of State Police in the Department of Law and Public Safety issuing
firearms purchaser identification cards, established pursuant to subsection b.
of N.J.S.2C:58-3, or permits to carry handguns, established pursuant to
N.J.S.2C:58-4, and that the Secretary of State verifies already collects
documents that would provide proof of eligibility, including age, citizenship,
and residence address, shall 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.� A local police force or the Division of State Police in
the Department of Law and Public Safety implementing the provisions of this
subsection shall comply with the requirements, to the extent applicable as
determined by the Secretary of State, for automatic voter registration as
established in subsections b. through d. of section 24 of P.L.1994, c.182
(C.39:2-3.2), including the provision of the notices required pursuant to
subsection c. thereof to each person from whom voter registration information
is collected.

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

���� 3.� 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,
or a license to operate a power vessel,

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,
or a license to operate a power vessel,
pursuant to P.L.1995, c.401 (C.12:7-72),
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,
or a license to operate a power vessel,
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
]

a

non-driver identification card
, or a license to operate a power vessel

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
, or a license to operate a power vessel
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).

���� 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
, or a license to operate a power vessel
who meets
all requirements for eligibility to vote under R.S.19:4-1.

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

���� 4.� 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,
or a license to operate a power vessel,
including any
application for a renewal or update thereof, except as provided in paragraphs
(2) and (3) 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 pursuant to
section 24 of P.L.1994, c.182 (C.39:2-3.2).

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

���� 5. This act shall take effect
on January 1 next following the date of enactment, but the Secretary of State
may take such anticipatory administrative action in advance thereof as shall be
necessary for the implementation of this act.

STATEMENT

���� This bill requires the
establishment of an automatic voter registration process at an agency, office,
or local police force providing certain licenses and permits.�

���� The bill requires the
automatic voter registration process to be available for persons applying for
hunting, fishing, or trapping licenses, all around sportsman licenses, beaver
trapping, wild turkey, or deer permits under the Division of Fish and Wildlife
in the Department of Environmental Protection, and firearms purchaser
identification cards or permits to carry handguns at local police forces or the
Division of State Police in the Department of Law and Public Safety.� The bill
requires the respective agencies, offices, and local police forces to establish
an automatic voter registration process similar to that currently applicable at
the New Jersey Motor Vehicle Commission (NJMVC).� The bill also adds licenses
to operate a power vessel, also known as boating licenses, under the NJMVC�s
current automatic voter registration process.

���� Under the bill, any agency,
office, or local police force that provides the above mentioned licenses and
permits, that the Secretary of State verifies already collects documents that
would provide proof of eligibility, including age, citizenship, and residence
address, would be required to 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 voter
registration information is collected would be offered an opportunity to
decline automatic voter registration. �The bill requires compliance with the
automatic voter registration requirements established under current law for the
NJMVC, including the provision of required notices to their clients, to the
extent applicable as determined by the Secretary of State.