Requires Secretary of State and Chief Administrator of MVC to conduct audit of certain voter registrations and annual audits thereafter; requires proof of citizenship for voter registration at MVC.

S4523

SENATE, No. 4523

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED JUNE 26, 2026

Sponsored by:

Senator� CARMEN F. AMATO, JR.

District 9 (Ocean)

Co-Sponsored by:

Senator Corrado

SYNOPSIS

���� Requires Secretary of State and Chief Administrator
of MVC to conduct audit of certain voter registrations and annual audits
thereafter; requires proof of citizenship for voter registration at MVC.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning voter registrations and audits, amending
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 24 of P.L.1994,
c.182 (C.39:2-3.2) is amended to 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.�
No applicant shall be offered an opportunity to
automatically register to� vote or update an existing voter registration
without providing proof� of citizenship.
The applicant shall be offered an
opportunity to decline the automatic voter registration under this section.�

���� b. (1) Pursuant to subsection
a. of this section, for every application for a� REAL ID license or
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 or has provided documentation demonstrating United States citizenship,
is determined to not already be registered to vote in the State of New Jersey
in accordance with subsection g. of this section, 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) information concerning the
applicant�s 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, at the time of an application for
a REAL ID license or identification card or a related update, renewal, or
change of address transaction for a REAL ID license or identification card with
the Motor Vehicle Commission, provides a document that conclusively
demonstrates that the person is not a United States citizen.� 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.

���� (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 and request that
their registration be removed from the Statewide voter registration system.�
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. Nothing
in this paragraph shall be construed to alter the provisions of R.S.19:31-15.

���� (4) The notice provided under
paragraph (3) of this subsection shall also include a statement that, if the
person declines to register to vote and requests to have their registration
removed from the Statewide voter registration system, the request will remain
confidential unless required by other laws, regulations, or a lawful court
order or subpoena and will be used only for election administration purposes
under the provisions of Title 19 of the Revised Statutes.� Nothing in this
paragraph shall be construed to alter the provisions of R.S.19:31-15.� The
notice shall also include 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.�

���� (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 by declining to be
registered� and requesting to have their registration removed from the
Statewide voter registration system, the county commissioner of registration
shall remove the person�s voter registration from the Statewide voter
registration system, 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.� Nothing in this
paragraph shall be construed to alter the provisions of R.S.19:31-15.

���� (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 as described under paragraph (4) of this subsection.�
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.�

���� c. (1) Pursuant to subsection
a. of this section, for every application for a standard motor vehicle driver's
license, an examination permit, a standard probationary driver's license, or a
standard non-driver identification card, and each related update, renewal, or
change of address, by a person who is determined to not already be registered
to vote in the State of New Jersey in accordance with subsection g. of this
section, 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 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.� Upon receiving
information pursuant to this section, the Secretary of State shall transmit the
person�s information to the appropriate county commissioner of registration.�
The Commissioner of Registration shall register to vote any eligible applicant
who has selected voter registration under this subsection.�

���� (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.� Paragraph (4) of this
subsection 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.

���� (4) The Chief Administrator
shall provide for the following notices to be provided with every application
for a standard motor vehicle driver�s license, an examination permit, a
standard probationary driver's license, or a standard non-driver identification
card and every related update, renewal, or change of address conducted pursuant
to subsection c. of this section:

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

���� (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

���� (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. (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 determined to already be
registered to vote in the State of New Jersey pursuant to subsection g. of this
section, 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, and that indicates a different name or address from that on
the person�s voter 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.� 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, 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.��� 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.

���� g.���
The Chief
Administrator shall conduct an audit of all voters who registered pursuant to
this section on or after May 1, 2021 to ensure that each registrant has
satisfied the conditions of eligibility pursuant to Article II, paragraph 3 of
the New Jersey State Constitution and of R.S.19:4-1.

����
In addition, the Chief
Administrator shall conduct an audit each year of voters newly registered
pursuant to this section to ensure that each new registrant has satisfied the
conditions of eligibility pursuant to Article II, paragraph 3 of the New Jersey
State Constitution and of R.S.19:4-1.

����
The Chief Administrator
shall ensure each audit is completed 30 days prior to the primary election for
a general election.

����
The Chief Administrator of
the Motor Vehicle Commission shall issue a report of the findings of each audit
to the Governor, the Legislature, and the Secretary of State.

���� h.��� 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.2025, c.204, s.6)

���� 2.��� (New section)� The
Secretary of State shall conduct an audit of all voters who registered on or
after May 1, 2021 to ensure that each registrant has satisfied the conditions
of eligibility pursuant to Article II, paragraph 3 of the New Jersey State
Constitution and of R.S.19:4-1.

���� In addition, the Secretary of
State shall conduct an audit each year of newly registered voters to ensure
that each new registrant has satisfied the conditions of eligibility pursuant
to Article II, paragraph 3 of the New Jersey State Constitution and of
R.S.19:4-1.

���� The audits shall be conducted
by an independent certified public accountant under a contract with the State.

���� The Secretary of State shall
ensure each audit is completed 30 days before the primary election for a
general election.

���� The Secretary of State shall
issue a report of the findings of each audit to the Governor and the
Legislature.

���� Within the limits of funds
appropriated for such purposes, the Secretary of State may obtain the services
of consultants and other professionals, in addition to the independent
certified public accountant,� necessary to conduct the audits as required by this
section.

���� The Motor Vehicle Commission
shall cooperate with the Secretary of State and provide to the Secretary of
State such information, resources, and other assistance deemed necessary by the
Secretary of State to conduct the audits as required by this section.

���� 3.��� This act shall take
effect immediately.

STATEMENT

���� This bill amends current law
to require the Chief Administrator of the New Jersey State Motor Vehicle
Commission and the Secretary of State to conduct an audit of all voter
registration applications submitted on or after May 1, 2021 to ensure only
eligible residents registered to vote in the State.� This bill also requires
the Chief Administrator and the Secretary of State to conduct an annual audit
of yearly registrations to ensure eligibility of voters.

���� Each audit must be completed
30 days before the primary election for a general election and a report of each
audit must be submitted to the Secretary of State, the Governor, and the
Legislature.

���� The bill provides that no
person shall be offered an opportunity to automatically register to vote or
update an existing voter registration at the MVC without providing proof of
citizenship.