SENATE COMMUNITY AND URBAN AFFAIRS COMMITTEE

 

STATEMENT TO

 

ASSEMBLY, No. 5823

 

STATE OF NEW JERSEY

 

DATED:  DECEMBER 12, 2019

 

      The Senate Community and Urban Affairs Committee reports favorably Assembly Bill No. 5823.

      This bill removes the prohibition on voting by persons who are on parole or probation due to a conviction for an indictable offense under any federal or State laws.

      Under Article II, Section I, paragraph 7 of the New Jersey Constitution, the Legislature is authorized to deny the right to vote to persons convicted of crimes designated by the Legislature.  Under N.J.S.A. 2C:51-3, a person who is convicted of a crime is disqualified from “voting in any primary, municipal, special or general election as determined by the provisions of N.J.S.A. 19:4-1.”  In relevant part, N.J.S.A. 19:4-1 denies the right to vote to any person “who is serving a sentence or is on parole or probation as a result of a conviction of any indictable offense under the laws of this or another state or of the United States.”  In New Jersey, indictable offenses are crimes of the fourth through first degree.

      Under the bill, persons who are on parole or probation would be permitted to vote.  Persons who are serving a sentence of incarceration would continue to be disenfranchised until they complete the term of incarceration.  Accordingly, this bill also amends statutory provisions that require the commissioner of registration in each county to compare voter registration records with criminal conviction records to prevent disenfranchised persons from voting and registering to vote (N.J.S.A. 19:31-17); and criminalize the act of voting while disenfranchised (N.J.S.A. 19:34-4).  Under the bill, these statutes would apply only to disenfranchisement while a person is serving a sentence of incarceration.

      As reported by the committee, this bill is identical to Senate Bill No. 4260, which was also reported by the committee on this date.