The New Jersey state legislature recently introduced multiple versions of a bill called “The Democracy Act” that aims to bring sweeping reforms to numerous elements of the state’s voting and election laws. The first version of the bill (NJ A 4574) was introduced to the Assembly, referred to several committees, amended, and has not passed the Assembly yet. The second version of the bill (NJ A 4613) passed the State Assembly, moved on to the State Senate where it also passed, and is now headed to Governor Chris Christie’s desk where it will likely be vetoed. The bill, introduced by Assemblyman Vincent Prieto, aims to make voting and registering to vote much easier, but also aims to deal with deceptive voting practices and voter fraud. Despite containing seemingly bipartisan provisions, the bill has been supported along partisan lines, gaining support amongst Democrats and opposition from Republicans.
The Democracy Act would make voter registration much simpler in a number of ways. Specifically, the bill would establish an online voter registration website that would allow New Jersey residents to register to vote online without mailing in physical voter registration forms. The bill would also allow pre-registration of 17-year-olds, and increase existing language accessibility provisions under current law, resulting in certain election notices and materials being published in more languages. It also includes an automatic registration provision.
The Democracy Act initially sought to introduce same day voter registration to New Jersey, but the provision was removed from the bill. State Senator Ronald Rice pushed his fellow Democrats to have the provision removed. Rice supports the passage of the bill, but feared that the availability of same day registration would lead to voter fraud. Although the inclusion of same day voter registration would have drastically increased the ease and availability of voter registration (and it is agreed among election administrators in other states that SDR does not raise issues with fraud), Rice has instead encouraged the expansion of the early voting period, which has also been introduced to the legislature in a separate bill.
Despite same day registration being nixed from the bill, The Democracy Act still introduces several measures that will make voting easier. The bill expands the early voting period; vote by mail procedures; and military and overseas voting. The bill expands early voting times and locations, and makes it easier for overseas voters and voters who can’t or don’t want to go to the polls on Election Day to vote by mail. The bill also makes it easier for these voters to receive their mail-in ballots every year if they so choose. The Democracy Act would also establish the Office of Accessible Elections, which would monitor and fix accessibility problems arising in the course of an election, making elections more accessible mostly for voters with disabilities and voters who primarily speak a language other than English.
The Democracy Act’s primary purpose would be to increase voter registration as well as voter participation, but it also seeks to make elections fairer. The bill has several provisions to deal with deceptive voting practices that could result in false information being disseminated, election materials being destroyed, or voter intimidation. The bill also has several provisions to report and address voter fraud. The bill also changes the standard for challenging election voter fraud in court and requires periodic reporting of voter fraud throughout each election.
Although the Democracy Act provides a clear path to simpler, fairer elections, the bill will likely be vetoed upon reaching Governor Chris Christie’s desk. A large reason for this is likely a provision in the bill that changes the procedure for filling congressional vacancies. Currently the governor is able to call a special election to fill a vacant congressional seat that does not coincide with a regularly scheduled election. The governor is also currently able to appoint a temporary replacement from either party for a congressional vacancy leading up to the special election they schedule.
The Democracy Act would change these procedures. If signed into law, the governor would have to appoint a temporary replacement of the same political party as the vacating Senator to fill a Senate vacancy, and the governor would not appoint a replacement for a House vacancy. Moreover, the bill would establish timelines for electing replacements in the upcoming or subsequent general election, rather than allowing the governor to schedule a special election. This provision more than any other is likely to result in Governor Christie vetoing the bill, as he is unlikely to willfully concede this power. The Governor has also stated that the bill in his opinion would increase the instances of voter fraud.
The Democrats hold a majority in the New Jersey State Legislature, and The Democracy Act has already passed both houses. However, as it finds itself on Governor Christie’s desk it is almost certainly going to be vetoed due to the only provision that is unrelated to voting. If this is the case, and New Jersey Republicans don’t join the legislature’s Democrats to override the veto, the bill might be introduced as a constitutional amendment on the ballot in 2016. By backing The Democracy Act, supporters in the New Jersey State Legislature are showing they’re serious about voter registration and election reform. However, in the end, this will likely not be enough, and the people of New Jersey will have to prove that they are also serious about creating a simpler, fairer voting system.