ASSEMBLY, No. 1944
STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Assemblyman† CRAIG J. COUGHLIN
District 19 (Middlesex)
Assemblyman† GARY S. SCHAER
District 36 (Bergen and Passaic)
Assemblyman† TIM EUSTACE
District 38 (Bergen and Passaic)
Assemblywoman† JOANN DOWNEY
District 11 (Monmouth)
Assemblyman† DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Assemblyman† BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Assemblyman† JOHN F. MCKEON
District 27 (Essex and Morris)
Assemblywoman† MILA M. JASEY
District 27 (Essex and Morris)
Assemblyman† NICHOLAS CHIARAVALLOTI
District 31 (Hudson)
Senator† JOSEPH F. VITALE
District 19 (Middlesex)
Senator† NIA H. GILL
District 34 (Essex and Passaic)
Assemblyman Wisniewski, Assemblywomen Caride, Pintor Marin, Assemblymen Singleton, Houghtaling, Assemblywoman Pinkin, Senators Cruz-Perez, Cunningham, Pou, Ruiz, Greenstein, Madden, Assemblyman Gusciora, Assemblywoman Jimenez, Assemblyman Holley, Assemblywoman Jones, Assemblyman Barclay and Assemblywoman McKnight
†††† Automatically registers or updates voter registration as part of driverís license application or renewal.
CURRENT VERSION OF TEXT
†††† As amended by the Senate on June 23, 2016.
An Act concerning voter registration and amending and supplementing P.L.1994, c.182.
†††† Be It Enacted by the Senate and General Assembly of the State of New Jersey:
†††† 1.††† 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 for a State motor vehicle driver's license application, including any application for a renewal thereof, submitted to an agent of the [Division of Motor Vehicles in the Department of Law and Public Safety] New Jersey Motor Vehicle Commission shall be offered an opportunity to [register to vote] decline the automatic voter registration pursuant to section 3 of P.L.††† , c. †††(C.††††† ) (pending before the Legislature as this bill).†
(cf: †P.L.1994, c.182, s.23)
†††† 2.††† Section 24 of P.L.1994, c.182, (C.39:2-3.2) is amended to read as follows:
†††† 24. a.† The Secretary of State, with the assistance [and concurrence] of the [Director of the Division of Motor Vehicles] Chief Administrator of the New Jersey Motor Vehicle Commission, shall [formulate a means of permitting] provide for a person to simultaneously apply for a motor vehicle driver's license and [to] automatically register to vote which satisfies both the requirements necessary to receive a license to operate a motor vehicle, pursuant to R.S.39:3-10, and to be permitted to register to vote, pursuant to R.S.19:4-1.
†††† The [Division of Motor Vehicles] New Jersey Motor Vehicle Commission, upon receipt of a completed voter registration application under this section, shall stamp or otherwise mark the lower right hand corner of the document with the date on which it was so received and forward the physical or electronic document to the Secretary of State no later than the 10th day following the date of acceptance.†
†††† b.††† Each application for voter registration which is received by the [Division of Motor Vehicles] New Jersey Motor Vehicle Commission shall be considered and processed as the replacement for any pre-existing voter registration of the applicant.†
†††† c.†††† Each change of address notification submitted to the [Director of the Division of Motor Vehicles] Chief Administrator of the New Jersey Motor Vehicle Commission for the purpose of maintaining current information on a person's motor vehicle license shall be reported to the Secretary of State no later than the 10th day following its receipt by the [Division of Motor Vehicles] commission and shall serve as notification for the change of address process, unless the registrant declines the automatic voter registration pursuant to section 3 of P.L.††† , c.††† (C.††††† ) (pending before the Legislature as this bill) and indicates that the change of address is not for voter registration purposes.† 1A 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.1
(cf:† P.L.1994, c.182, s.24)†
†††† 3.††† (New section) a. The New Jersey Motor Vehicle Commission shall automatically register to vote any person who applies for a special learnerís permit, an examination permit, a probationary driverís license, a basic driverís license, or a nondriver identification card issued pursuant to P.L.1980, c.47 (C.39:3-29.3 et seq.), or for renewal of any license or identification card, according to the permanent address provided by the applicant, unless the applicant specifically declines the automatic voter registration.†
†††† b.††† The Chief Administrator shall forward the personal information required to register to vote pursuant to subsection a. of this section in an electronic format to the Division of Elections in the Department of State.† The applicantís submission of an application shall serve as an indication that the applicant will register to vote and be affiliated with the permanent address provided by the applicant, and that the applicant is authorizing the Chief Administrator to forward to the Division of Elections the necessary information for the voter registration.† The Chief Administrator shall notify the applicant on the application that submission of the application shall serve as consent to be registered to vote at the permanent address provided by the applicant, unless the applicant specifically declines the automatic voter registration.
†††† c.†††† The Chief Administrator shall provide for 1[the following] 2[a1] the following2 statement to be printed on the application for a special learnerís permit, an examination permit, a probationary driverís license, a basic driverís license, or a nondriver identification card 1[:
ďBy submitting this application, I am consenting to registering to vote in the State of New Jersey and I am legally permitted to do so as a citizen of the United States of America.† If under 18 years of age, I understand that I will be registered to vote when I attain the age of 18 years.Ē] 2[informing the applicant that by submitting the application, the applicant is consenting to register to vote and is legally permitted to vote in the State of New Jersey.] :
†††† ďBy submitting this application, I am consenting to registering to vote in the State of New Jersey and I am swearing or affirming that:
†††† I understand that I must be a U.S. citizen to vote in the State of New Jersey.†
†††† I understand that I must be at least 18 years old on or before the day of the next election to vote in that election.
†††† I understand that I must have resided in the State and county at least 30 days before the next election to vote in that election.
†††† I live at the address provided on the application.
†††† I am not on parole, probation, or serving a sentence due to a conviction for an indictable offense under any federal or State laws.
†††† I UNDERSTAND THAT WILLFULLY VOTING OR ATTEMPTING TO VOTE KNOWING THAT I AM NOT ENTITLED TO VOTE MAY SUBJECT ME TO A FINE OF UP TO $15,000, IMPRISONMENT UP TO FIVE YEARS, OR BOTH, PURSUANT TO R.S.19:34-11 OR R.S.19:34-12.Ē2†
†††† A separate statement shall be printed on the application for a special learnerís permit, an examination permit, a probationary driverís license, a basic driverís license, or a nondriver identification card, in bold-faced capital letters, notifying the applicant that victims of domestic violence or stalking may decline the automatic voter registration and register to vote without disclosing the applicantís street address pursuant to section 1 of P.L.1994, c.148 (C.19:31-3.2).
†††† d.††† 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 personís registration under this section, then the person shall be presumed to have acted with official authorization and shall not be guilty of fraudulently voting or attempting to fraudulently vote pursuant to R.S.19:34-11 or R.S.19:34-12, respectively, unless the person willfully votes or attempts to vote knowing he is not entitled to vote.1
†††† 4.††† This act shall take effect on the first day of the seventh month next following the date of enactment, but the Chief Administrator may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.