S481

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. 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.

(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 learner’s permit, an examination permit, a probationary driver’s license, a basic driver’s 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 applicant’s 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 the followingstatement to be printed on the application for a special learner’s permit, an examination permit, a probationary driver’s license, a basic driver’s license, or a nondriver identification card:

“By 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.”

A separate statement shall be printed on the application for a special learner’s permit, an examination permit, a probationary driver’s license, a basic driver’s 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 applicant’s 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 person’s 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.

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.

STATEMENT

This bill requires the New Jersey Motor Vehicle Commission (MVC) to automatically register or update a person’s voter registration as part of the process of applying for or renewing a driver’s license.

Under current law, each applicant for a driver’s license is offered by the MVC an opportunity to simultaneously register to vote. The bill provides that the MVC would automatically register to vote any person who applies for a special learner’s permit, an examination permit, a probationary driver’s license, a basic driver’s license, or a nondriver identification card, 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.

The chief administrator of the MVC would forward the personal information required to register to vote in an electronic format to the Division of Elections in the Department of State. Submission of an application would serve as consent to be registered to vote at the permanent address provided by the applicant, unless the applicant specifically declines the automatic registration.

The bill requires the chief administrator to provide for a statement to be printed on the application for a special learner’s permit, an examination permit, a provisional driver’s license, or a nondriver identification card informing the applicant that by submitting the application, the applicant is consenting to register to vote. The statement must also have the applicant swear or attest that the applicant:

· must be a U.S. citizen to vote in the State of New Jersey;

· must be at least 18 years old on or before the day of the next election to vote in that election;

· must have resided in the State and county at least 30 days before the next election to vote in that election;

· lives at the address provided on the application;

· is not on parole, probation, or serving a sentence due to a conviction for an indictable offense under any federal or State laws; and

· understands the penalty for willfully voting or attempting to vote knowing the applicant is entitled to do so.

A separate statement must be printed on the application, 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 applicant’s street address.