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.