S 282 — Establishes "John R. Lewis Voter Empowerment Act of New Jersey." **

          d.   d.]1  Nothing in this act, P.L.    , c.    (C.      ) (pending before the Legislature as this bill), shall be construed to limit the Attorney General from providing representation, advice, or guidance to any political subdivision or local election office that requests it;

provided that any1[any attorney, investigator, or employee of the Department of Law and Public Safety that is assigned to provide such representation, advice, or guidance shall not also participate in any investigation, enforcement action, decision-making process, or litigation undertaken by the Attorney General in accordance with this act.  The Attorney General shall establish internal screening procedures to ensure compliance with this section, and such other policies and proceduresprocedures] the Attorney General maintains a firewall and any additional safeguards1 as may be necessary to avoid any actual or perceived conflicts of interest.interest 1and preserves the independence of voting rights enforcement functions1.

            5.   5.   a.  Concerning voter suppression, no voting qualification, prerequisite to voting, law, ordinance, standard, practice, procedure, regulation, or policy shall be enacted or implemented by any State agency, local election office, or political subdivision in a manner that results in a denial or abridgement of the right of members of a protected class to vote.

          b.   b.   A political subdivision, local election office, or State agency shall not take any action or1[or fail to take any action,action]1, including implementing, imposing, or enforcing any qualification for eligibility to be an elector, any other prerequisite to voting, or any law, ordinance, regulation, standard, practice, procedure, or policy regarding the administration of elections, or take any other action or1[or fail to take any other actionaction]1 that results in, will result in, or is intended to result in, either of the following:

          (1) a material disparity in access to voting opportunities, or the opportunity or ability to participate in the political process, between members of a protected class and other members of the electorate;

or           (2)  based on the totality of the circumstances, an impairment of the opportunity or ability of a protected class member to participate in the political process.

          c.    c.   If a plaintiff establishes that an action or1[or inactioninaction]1 results in, or will result in, either of the conditions set forth in paragraph (1) or (2) of subsection b.

of this section, but the political subdivision, local election office, or State agency can demonstrate1[demonstrate by clear and convincing evidence that the action or inaction is narrowly tailored to further a compelling governmental interest and there is no alternative that results in a smaller disparity between members of a protected class and other members of the electorate,electorate] show that the action is justified by a compelling State interest1, then there shall be no violation under this section.

          d.   d.   Notwithstanding subsection c.

            6.   6.   a.

          b.   b.   A violation of subsection a.

          (1) Elections in the local election office or political subdivision exhibit racially polarized voting, resulting in an impairment of the equal opportunity or ability of protected class members to nominate or elect candidates of their choice or influence the outcome of elections, or, based on the totality of the circumstances, the equal opportunity or ability of members of a protected class to nominate or elect candidates of their choice or influence the outcome of elections is impaired;

and           (2)  One or more new1[new] alternative1 methods of election or modifications to the existing method of election exist and would likely mitigate the impairment of the equal opportunity or ability of protected class members to nominate or elect candidates of their choice or to influence the outcome of elections.

          c.    c.   To determine whether elections in the political subdivision exhibit racially polarized voting:

          (1)  A court of competent jurisdiction shall consider analysis of relevant election results, which may include, but need not be limited to, elections for offices of the political subdivision;

          (a)  No set number or combination of elections shall be required to establish the existence of racially polarized voting.

          (b)(b)   EvidenceEvidence of non-polarized voting in elections for offices outside the political subdivision shall not preclude a finding of racially polarized voting based on elections for offices of the political subdivision.

          (c)  Non-statistical or non-quantitative evidence shall not preclude a finding of racially polarized voting based on quantitative or statistical evidence.

          (d)  Low turnout or registration rates among members of a protected class shall not preclude a finding of racially polarized voting.

          (2)  The presence of racially polarized voting shall be assessed based only on the combined electoral preferences of the racial, color, or language-minority groups comprising the protected class as defined in the complaint.

            7.7.  a.  In determining whether, under the totality of the circumstances, a violation of sections 5 and 6 of this act, P.L.    , c.     (C.        and C.        , respectively) (pending before the Legislature as this bill), has occurred, factors that may be considered shall include, but not be limited to:

 a.      (1)  the history of discrimination in or affecting the political subdivision or geographic region in which that political subdivision is located;

 In      determining(2)  whether, under the totalityextent ofto thewhich circumstances,members a violation of sectionsthe 5protected andclass ofhave thisbeen act,elected P.L.    , c.     (C.       to andoffice C.       in , respectively) (pending before the Legislaturepolitical assubdivision thisor bill),geographic hasregion occurred,in factorswhich that maypolitical besubdivision consideredis shalllocated; include, but not be limited to:

          (1)(3)   thethe historyuse of discriminationany invoting orqualification, affectingprerequisite theto politicalvoting, subdivisionlaw, orordinance, geographicstandard, regionpractice, inprocedure, whichregulation, or policy that politicalmay subdivisionenhance isthe located;dilutive effects of the election scheme;

          (2)(4)   thedenying extenteligible tovoters whichor candidates who are members of the protected class haveaccess beento electedprocesses todetermining officewhich ingroups theof politicalcandidates subdivisionreceive oraccess geographicto regionthe inballot, whichfinancial thatsupport, politicalor subdivisionother issupport located;in a given election;

          (3)(5)   thethe useextent of any voting qualification, prerequisite to voting,which law,members ordinance,of standard,a practice,protected procedure,class regulation,vote orat policylower thatrates maythan enhanceother themembers dilutive effects of the electionelectorate; scheme;

          (4)(6)   denyingthe eligibleextent votersto orwhich candidates who are members of the protected class accessare disadvantaged in areas that may hinder their ability to processesparticipate determiningeffectively whichin groupsthe ofpolitical candidatesprocess, receiveincluding, accessbut tonot limited to, accessibility, education, employment, health, public safety, housing, land use, involvement with the ballot,criminal financialjustice support,system, oraccess otherto supportinformation in atheir givennative election;language, or environmental protection;

          (5)(7)   thethe extentuse to which members of aovert protectedor classsubtle voteracial atappeals lowerin ratespolitical thancampaigns otheror membersby ofgovernment theofficials; electorate;

    1[and]1 (6)       the(8)  extentwhether to which members of the protectedpolitical classsubdivision arehas disadvantageda incompelling areaspolicy justification that mayis hindersubstantiated theirand abilitysupported toby participateevidence effectivelyfor inadopting theor politicalmaintaining process,a including,particular butprocess notof limitedthe to,election accessibility,or education, employment, health, public safety, housing, land use, involvement with the criminalvoting justicequalification, system,prerequisite access to informationvoting, inlaw, theirordinance, nativestandard, language,practice, procedure, regulation, or environmentalpolicy protection;1;

    and (7)       (9)  a significant lack of responsiveness on the usepart of overtelected orofficials subtleto racialthe appealsparticularized inneeds politicalof campaignsmembers orof bythe governmentprotected officials;class1.

and          b.  (8) Evidence whetherof thethese politicalfactors subdivisionshall hasbe amost compellingprobative policyif justificationthe thatevidence isrelates substantiatedto andthe supportedpolitical bysubdivision evidencein forwhich adoptingthe oralleged maintainingviolation aoccurred, particularbut processshall ofstill thehold electionprobative orvalue if the votingevidence qualification,relates prerequisite to voting,the law,geographic ordinance,region standard,in practice,which procedure,that regulation,political subdivision is located or policy.to this State.

          b.c.  Nothing in this section shall preclude any additional factors from being considered, nor shall any one factor, combination of factors, or specified number of factors be required to determine that a violation of section 5 or 6 of this act, P.L.    , c.    (C.        and C.       , respectively) (pending before the Legislature as this bill) has occurred.

 Evidence        8.  Upon a finding of thesea factorsviolation of any of the provisions of this act, P.L.    , c.    (C.        ) (pending before the Legislature as this bill), a court shall order any remedy which may be mostappropriate probativeunder the circumstances, and, if necessary to cure a violation of this act, may order 1[a remedy notwithstanding any other law to the evidencecontrary] relatesone or more remedies that may be inconsistent with other laws relating to the politicalconduct subdivisionof inelections, whichif such inconsistent laws would otherwise preclude the allegedcourt violationfrom occurred,ordering butan appropriate remedy1.  The court shall stillhave holdthe probativeauthority valueto iforder remedies tailored to the evidenceviolation relatesand intended to mitigate both the geographicrisk regionof infuture whichviolations thatand politicalof subdivisiondisruption isto locatedthe electoral system.        The court shall additionally consider remedies proposed by any of the parties or toamici thiscuriae State.appearing before it.  A remedy so proposed shall not be given priority because it is proposed by a political subdivision.

          c.The court may implement such remedies through an order of the court, or via the inclusion of such remedies in a court-approved consent decree or settlement.

 Nothing  in      this9.   sectiona.  shallVoting precludequalifications, anyprerequisites additionalto factorsvoting, fromlaws, beingordinances, considered,standards, norpractices, shallprocedures, regulations, or policies that  burden the right to vote, including registering to vote, for any oneindividual factor,or combinationcommunity on the basis of factors,disability, sex, sexual orientation, or specifiedgender numberidentity ofor factorsexpression shall be requiredprohibited, unless such voting qualifications, prerequisites to determinevoting, laws, ordinances, standards, practices, procedures, regulations, or policies are 1[narrowly tailored to promote an important policy justification that is supported by substantial evidence] justified by a violationcompelling State interest1.        b.  Any person, including any organization on behalf of sectionan 5impacted person or 6community, alleging a violation of this act,section P.L.   shall ,have c.   the (C.       right )to (pendingbring beforejudicial theaction Legislaturein any court of competent jurisdiction, for remedies including, but not limited to, declaratory or injunctive relief or any such other remedies as specified in this bill)act hasor occurred.as may be necessary to cure the violation.

       8.  Upon a finding of a violation of any of the provisions of this act, P.L.    , c.    (C.        ) (pending before the Legislature as this bill), a court shall order any remedy which may be appropriate under the circumstances, and, if necessary to cure a violation of this act, may order a remedy notwithstanding any other law to the contrary.  The court shall have the authority to order remedies tailored to the violation and intended to mitigate both the risk of future violations and of disruption to the electoral system.       The court shall additionally consider remedies proposed by any of the parties or amici curiae appearing before it.  A remedy so proposed shall not be given priority because it is proposed by a political subdivision.

     The court may implement such remedies through an order of the court, or via the inclusion of such remedies in a court-approved consent decree or settlement.

       9.    a.  Voting qualifications, prerequisites to voting, laws, ordinances, standards, practices, procedures, regulations, or policies that  burden the right to vote, including registering to vote, for any individual or community on the basis of disability, sex, sexual orientation, or gender identity or expression shall be prohibited, unless such voting qualifications, prerequisites to voting, laws, ordinances, standards, practices, procedures, regulations, or policies are narrowly tailored to promote an important policy justification that is supported by substantial evidence.       b.  Any person, including any organization on behalf of an impacted person or community, alleging a violation of this section shall have the right to bring judicial action in any court of competent jurisdiction, for remedies including, but not limited to, declaratory or injunctive relief or any such other remedies as specified in this act or as may be necessary to cure the violation.

            11.  a.

          b.b.  A prospective plaintiff shall not commence a judicial action against a political subdivision under this section within 50 days of sending to the political subdivision an NJVEA notification letter or until its receipt of a written denial by the political subdivision, whichever is earlier.

 A      c.  Within 50 days after a prospective plaintiff shallhas notmailed commencean aNJVEA judicialnotification actionletter againstor on its own volition, the governing body of a political subdivision undermay thispass sectiona withinresolution, 50after daysconsulting with the Division of sendingElections towithin the politicalDepartment subdivisionof anState NJVEAand notificationthe lettercounty orclerk, untilthe itscounty receiptboard of aelections, writtenand, denialas byapplicable, the politicalcounty subdivision,superintendent whicheverof iselections earlier.of the political subdivision, affirming:

          c. (1)  Within 50 days after a prospective plaintiff has mailed an NJVEA notification letter or on its own volition, the governing body of a political subdivisionsubdivision's mayintention passto aenact resolution, after consulting with the Division of Elections within the Department of State and theimplement countya clerk,remedy thefor countya boardpotential ofviolation elections, and, as applicable, the county superintendent of electionsthis ofact; the political subdivision, affirming:

          (1)(2)   thespecific politicalsteps subdivision'sthe intentionpolitical tosubdivision enactwill andundertake implementto afacilitate remedyapproval forand aimplementation potential violation of thissuch act;a remedy;

    and (2)       specific(3)  stepsa theschedule politicalfor subdivisionenacting will undertake to facilitate approval and implementationimplementing of such a remedy;remedy.

and          Such (3)a  aresolution scheduleshall forbe enactingreferred to as an “NJVEA resolution” in this act.  If a political subdivision passes an NJVEA resolution, such political subdivision shall have 140 days after receipt of the NJVEA notification letter to enact and implementingimplement such remedy, during which time a remedy.prospective plaintiff shall not commence an action to enforce section 5 or 6 of P.L.    , c.    (C.         and C.        , respectively) (pending before the Legislature as this bill), against the political subdivision.        d.

     Such a resolution shall be referred to as an “NJVEA resolution” in this act.  If a political subdivision passes an NJVEA resolution, such political subdivision shall have 140 days after receipt of the NJVEA notification letter to enact and implement such remedy, during which time a prospective plaintiff shall not commence an action to enforce section 5 or 6 of P.L.    , c.    (C.         and C.        , respectively) (pending before the Legislature as this bill), against the political subdivision.       d.

          (1)(1)   thethe governing body of the political subdivision may approve a proposed remedy that complies with this act and submit such a proposed remedy to the Attorney General, but only after consultation with the Division of Elections within the Department of State.  Such a submission shall be referred to as an “NJVEA proposal” in this act;

          (2)(2)   priorprior to passing an NJVEA proposal, the political subdivision shall hold at least one public hearing, at which the public shall be invited to provide input regarding the NJVEA proposal.  Before this hearing, the political subdivision may conduct outreach to the public, including to non-English-speaking communities, to encourage public participation;

          (3)(3)   withinwithin 45 days of receipt of a NJVEA proposal, the Attorney General shall grant or deny approval of the NJVEA proposal;

and           (4)(4)   thethe Attorney General shall only grant approval to the NJVEA proposal if it concludes that:

          (a)(a)   thethe political subdivision may be in violation of this act;

          (b)(b)   thethe NJVEA proposal would remedy any potential violation of this act;

          (c)(c)   thethe NJVEA proposal is unlikely to violate the United States Constitution or the New Jersey Constitution;

and           (d)(d)   implementationimplementation of the NJVEA proposal is feasible, as determined by the Attorney General in consultation with the Division of Elections within the Department of State and the county clerk, the county board of elections, and, as applicable, the county superintendent of elections of the political subdivision.            (5)(5)   ifif the Attorney General grants approval, the NJVEA proposal shall be enacted immediately and implemented as soon as it is feasible to do so, and only after consultation with the Division of Elections within the Department of State and the county clerk, the county board of elections, and, as applicable, the county superintendent of elections of the political subdivision;

          (6)(6)   ifif the political subdivision is a covered entity as defined under subsection c.

          (7)(7)   ifif the Attorney General denies approval, the NJVEA proposal shall not be enacted or implemented, and the  Attorney General shall explain the basis for such denial and may, in its discretion, make recommendations for an alternative remedy for which it would grant approval;

and           (8)  if the Attorney General does not respond, the NJVEA proposal shall not be enacted or implemented and plaintiffs may seek judicial relief as permitted by this act.

          e.  If, pursuant to a process commenced by an NJVEA notification letter, a political subdivision enacts or implements a remedy or the Attorney General grants approval to an NJVEA proposal, a prospective plaintiff who sent the NJVEA notification letter may, within 30 days of the enactment or implementation of the remedy or approval of the NJVEA proposal, demand reimbursement for the cost of the work product generated to support the NJVEA notification letter.  A prospective plaintiff shall make the demand in writing and shall substantiate the demand with financial documentation, such as a detailed invoice for demography services or for the analysis of voting patterns in the political subdivision.  A political subdivision may request additional documentation if the provided documentation is insufficient to corroborate the claimed costs.  A political subdivision shall reimburse a prospective plaintiff for reasonable costs claimed, not to exceed $50,000, or in an amount to which the parties mutually agree.  To the extent a prospective plaintiff who sent the NJVEA notification letter and a political subdivision are unable to come to a mutual agreement, either party may file a declaratory judgment action to obtain a clarification of rights.

          The $50,000 cap on prospective plaintiff reimbursements provided pursuant to this subsection shall be adjusted annually1[annually] biennially1 by the State Treasurer in direct proportion to the percent change in the Consumer Price Index over a 12-month1[12-month] 24-month1 period beginning November 1 and ending October 31.  For the purpose of this subsection, "Consumer Price Index" means the Consumer Price Index for All Urban Consumers, New York-Northern New Jersey-Long Island Metropolitan Area, All Items (1982-84=100), as published by the Bureau of Labor Statistics in the United States Department of Labor.  The State Treasurer shall determine the amount of the adjustment by December 1 of each1[each] every even1 year and the adjustment shall become effective for reimbursements ordered during the 1two1 calendar year1[year] years1 following the determination, beginning with reimbursements ordered on or after January 1 of each1[each] the first1 calendar year. year 1in the two-year cycle1.  An adjustment in the reimbursement cap shall be made only if the percent change in the Consumer Price Index for the period specified is greater than zero.  Such an1[an annualannual] biennial1 adjustment shall in no event be greater than 2 percent.  If the reference base of the index is changed, the index used to determine the Consumer Price Index shall be the index converted to the new base by standard statistical methods.

          f.f.  Notwithstanding the provisions of this section requiring notice before commencing a judicial action, a party may bring a cause of action for a violation of section 5 or section 6 of this act, P.L.    , c.     (C.        and C.        , respectively) (pending before the Legislature as this bill), under the following circumstances:

 Notwithstanding      the(1)  provisionsanother ofparty thishas sectionalready requiringsubmitted noticea beforenotification commencingletter and commenced a judicial action,action aagainst partythe maypolitical bringsubdivision, aand causethe ofparty actionbringing for a violationcause of sectionaction 5pursuant orto sectionthis 6subsection ofalleges thissubstantially act,similar P.L.    , c.     (C.       violations and C.       seeks ,to respectively)join (pending before the Legislaturepreviously asfiled thisjudicial bill),action; under the following circumstances:

    1[or]1 (1)       another(2)  the party hasis alreadyseeking submittedpreliminary arelief notificationwith letterrespect andto commencedan aelection judicialthat actionis againstscheduled theto politicalbe subdivision,held andless thethan party1[50] bringing701 adays causefrom ofthe actiondate pursuantof toreceipt thisof subsection alleges substantially similar violations and seeks to join the previouslyNJVEA filedletter judicial1; action;

or           (2)(3)   thethe partyprospect isof seekingobtaining preliminary relief withunder respectthe toNJVEA annotification electionletter thatand isNJVEA scheduledproposal toprocesses be held less than 50 days from the date of receiptthis ofsection thewould NJVEAbe letter.futile1.

          g.   g.   For the purposes of this section, any consultation between the political subdivision and the county clerk, county board of elections, commissioner of registration, or county superintendent of elections shall be limited to the logistical and operational feasibility of a proposed remedy.  Nothing in this section shall be construed to create liability or enforcement responsibility, or confer policy-making authority on the county clerk, county board of elections, commissioner of registration, or county superintendent of elections, for decisions made or remedies proposed or implemented by a political subdivision.

            12.  a.  The Attorney General shall designate one or more languages, other than English, for which assistance in voting and elections shall be provided by a local election office or a political subdivision that administers elections if, based on the most recent set of data from the United States Census Bureau, American Community Survey, or data of comparable quality collected by a public1[public office,office] government entity1, including but not limited to, any data collection required by this act, it is determined that:

          (1)  more than two percent, but in no instance fewer than 1001[100] 3001 individuals, of citizens of voting age of a political subdivision speak a particular shared language other than English and are limited English proficient individuals;

or           (2)  more than 4,000 citizens of voting age of such political subdivision speak a particular shared language other than English and are limited English proficient individuals.

          b.  A local election office or political subdivision required to provide language assistance to a particular language-minority group pursuant to this section shall provide physical, and may make available online, electoral and voting materials, in the covered language, including ballots, registration or voting notices, forms, instructions, assistance, other materials or information relating to the electoral process, and any public-facing materials required by this act, P.L.    , c.     (C.       ) (pending before the Legislature as this bill), so1[so as to most effectively inform and enable members of the designated language-minority group to participate in elections and related activities. activities] consistent with the definition of “translation” as used in P.L.2023, c.263 (C.52:14-40 et seq.)1.  All such materials shall be provided in the language of the applicable language-minority group as well as in the English language, provided that where the language of the applicable language-minority group is historically oral or unwritten, the local election office or political subdivision shall only be required to furnish oral instructions, assistance, and all other information relating to registration and voting, including the ballot, orally.  Any provided translation must translate from one language to another in an effective manner to convey the intent and essential meaning of the original text and communication and must not solely rely on automatic electronic translation services.

Language assistance shall also include the presence of bilingual poll1[poll workers where available.available] members of a district board appointed pursuant to R.S.19:6-1, where and when available and, notwithstanding any other provision of law to the contrary, such district board members need not be residents of the county in which they will serve but shall be residents of the State1.

          c.  In cases where the designated language has more than one spoken dialect, the local election office or political subdivision subject to the requirements of this section shall, to the extent feasible, ascertain the dialects that are commonly used by members of the applicable language-minority group in the jurisdiction and provide oral assistance in such dialects.

          d.

          e.

Where1[Where] To the extent not already required by P.L.2023, c.263 (C.52:14-40 et seq.), where1 the State creates, produces, or disseminates relevant physical and online electoral and voting materials for or to local election offices or to political subdivisions subject to the requirements of this section, the State shall also comply with the requirements of this section.

          f.    f.    (1)1[(1) The Attorney General shall conduct a study every two years to identify political subdivisions where changes in language access coverage shall be required.

          (2)  (2) The study shall assess the need for additional language access coverage in any political subdivisions not already covered by this section, if the political subdivision meets either of the following thresholds:

          (a)  (a) more than two percent, but in no instance fewer than 100 individuals, of the citizens of voting age of the political subdivision speak a particular shared language other than English and are limited English proficiency individuals;

or           (b)  (b) more than 4,000 of the citizens of voting age of the political subdivision speak a particular shared language other than English and are limited English proficient individuals.

          (3)  (3) All determinations made under paragraph (2) of this subsection shall be based on data from the U.S.

          (4)  (4) The Attorney General shall then engage with any language minority group identified based on the foregoing thresholds and determine if adding such additional language access can be feasibly implemented in a practical and cost effective manner by the identified political subdivision.  Such an engagement process with language minority groups shall include, at a minimum:

          (a)  An opportunity for any individual or entity aggrieved by a failure to provide such assistance to submit a request for the Attorney General to consider designating a new language for coverage or providing additional in-language services.

of section 16 of this act, P.L.   P.L.    , c.    (C.        ) (pending , c.    (C.        ) (pending before the Legislature as this bill);

          (b)  A timeline specifying when requests for additional in-language services may be submitted to be considered for the next election;

and           (c)  Consideration of the following:

          (i)  Community-based evidence indicating the need for in-language services, including, but not limited to, school enrollment data, public health or social service records, language-specific outreach from community-based organizations, and other reliable evidence.

          (ii)  Testimony or affidavits from individuals or entities representing or serving the language minority community, including impacted voters.

          (iii)  Evidence of structural, procedural, or informational barriers that disproportionately impact limited English proficient voters in the language minority group, including low turnout rates, high provisional ballot use, or lack of access to translated materials.

          (5)  (5) Determinations of the feasibility and cost practicability of providing language assistance to a language minority group covered under paragraph (2) of this subsection shall consider:

          (a)  Evidence identified under subparagraph (c) of paragraph (4) of this subsection;

          (b)  The percentage of the covered political subdivision’s election activities budget that providing language assistance in the relevant language would comprise.

          (c)  Whether costs of translated materials and services can be minimized by cost saving measures, such as:            (i)  Printing multiple languages on one ballot, form, or other material;

          (ii)  Collaborating with entities representing or serving the language minority group to procure translation services or identify bilingual interpreters;

and           (iii)  Centralizing vendor contracts and services in collaboration with other covered political subdivisions.

          (d)  Other logistical considerations raised by political subdivisions.

          (6)  (6) The provision of language access shall not be found to be impractical solely as a result of any increase in cost to the identified political subdivision.  Such a finding shall be based on compelling evidence that the cost of providing language access services would substantially burden the ability of the identified political subdivision to administer elections, and considerations of cost increases must be weighed equally with other findings from engagement with the language minority group as detailed in paragraph (4) of this subsection.

          (7)  (7) The Attorney General shall provide political subdivisions identified pursuant to paragraph (2) of this subsection with a detailed guidance roadmap, including costs, suggested timeline, and implementation steps, and publish such guidance roadmap on its official website.  Political subdivisions shall follow the roadmap, including the suggested timeline, to implement language access coverage for any language deemed practical and feasible under this section.

          (8)  (8) The Attorney General shall provide notice and the roadmap of feasibility and costs directly to each political subdivision covered by paragraph (2) of this subsection and specify the language or languages for which the political subdivision is to provide additional language access coverage.

          (9)  Challenges to the Attorney General’s determinations stemming from this study shall be considered by a court of competent jurisdiction on a de novo basis.

          (10)  No newly designated language assistance requirement shall apply to any election occurring fewer than 120 days after a formal designation has been made by the Attorney General pursuant to subsection a.

          g.   g.]1  The Division of Elections within the Department of State shall establish a clearinghouse for the translation of common terminology utilized on election ballots, voter registration forms, and other essential voting-related materials.  Local election offices, political subdivisions, and other election officials shall consult with the clearinghouse to ensure accurate translations when providing language assistance and materials to voters pursuant to this section.

          h.   1[h.] g.1    Nothing in this section shall be construed to limit the applicability or reduce the number of non-English languages to which vital documents are required to be translated pursuant to P.L.2023, c.263 (C.52:14-40 et seq.).

            13.  a.  To ensure that the right to vote is not denied or abridged on account of membership in a protected class, the enactment or implementation of a covered policy by a covered entity, as defined in this section, shall be subject to preclearance by the Attorney General as set forth in this section.

          b.  A “covered policy” shall include any new or modified voting qualification, prerequisite to voting, law, ordinance, standard, practice, procedure, regulation, or policy concerning any of the following topics:

          (1)  method of election;

          (2)  annexation or de-annexation of a political subdivision;

          (3)  incorporation of a political subdivision;

          (4)  consolidation or division of political subdivisions;

          (5)  the methodology for engaging in list maintenance activities or for identifying voters for removal from the Statewide voter registration system;

          (6)  number, location, or hours of any election day or early voting poll site;

          (7)  dates of elections and the election calendar, except with respect to special elections;

          (8)  registration of voters;

          (9)  assignment of election districts to election day or early voting polling sites;

          (10)  location of ballot drop boxes;

          (11)  assistance offered to members of a language-minority group, as listed in paragraph (1) of subsection a.

of section 12 of this act, P.L.   P.L.    , c.     (C.       ) , c.     (C.       ) (pending before the Legislature as this bill);

          (12)  districting or redistricting;

and           (13)  any additional topics designated by the Attorney General, which shall be designated pursuant to a rule promulgated by the Attorney General in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), upon a determination by the Attorney General that a new or modified voting qualification, prerequisite to voting, law, ordinance, standard, practice, procedure, regulation, or policy concerning such topics may have the effect of denying or abridging the right to vote on account of membership in a protected class.

          c.  A “covered entity” shall include:

          (1)  any political subdivision that, within the prior 15 years, has been subject to any court order, government enforcement action, final determination of the New Jersey Division on Civil Rights, court-approved consent decree, or any other settlement in which the political subdivision conceded liability, based upon a claim alleging discrimination against members of a protected class, in violation of the provisions of this act, the right to vote under the New Jersey Constitution, the federal Voting Rights Act, the Fifteenth Amendment to the United States Constitution, a voting-related violation of the Fourteenth Amendment to the United States Constitution, or any violation of any other state or federal election law;law 1, except that no political subdivision shall be considered a covered entity within the meaning of this paragraph on the basis of any court order, government enforcement action, final determination of the New Jersey Division on Civil Rights, court-approved consent decree, or other settlement occurring prior to the effective date of this section1;

or           (2)  any political subdivision that, within the prior 15 years, has been subject to any court order, government1[government enforcement action,action,]1 final determination of the New Jersey Division on Civil Rights, court-approved consent decree, or any other settlement in which the political subdivision conceded liability, based upon a claim alleging 1a pattern, practice, or policy of1 discrimination against members of a protected class, in violation of any state or federal civil rights law, Article I, paragraph 1 of the New Jersey Constitution, or the Fourteenth Amendment to the United States Constitution;Constitution 1, except that no political subdivision shall be considered a covered entity within the meaning of this paragraph on the basis of any court order, final determination of the New Jersey Division on Civil Rights, court-approved consent decree, or other settlement occurring prior to the effective date of this section1;

or           (3)  any county that (a) contains at least 20,000 eligible voters of any one protected class, or in which members of any one protected class constitute at least 10 percent of the eligible voter population of the county, and (b) in which, in any year in the prior 10 years, the arrest rate among members of such protected class is more than five times the arrest rate among the population of the county as a whole, or exceeds the arrest rate among the population of the county as a whole by at least 20 percentage points;

or           (4)  any political subdivision that (a) contains at least 1,000 eligible voters of any one protected class, or in which members of any one protected class constitute at least 10 percent of the eligible voter population of a political subdivision, and (b) in which, in any year in the prior 10 years, the percentage of voters of that one protected class in the political subdivision that participated in any general election for any political subdivision office is at least 10 percentage points lower than the percentage of all voters in the political subdivision that participated in such election;

or           (5)  any political subdivision that, at any point during the prior three years, has failed to 1reasonably1 comply with that political subdivision’s obligations to provide data or information to the Division of Elections pursuant to section 19 of this act, P.L.    , c.     (C.     )(pending before the Legislature as this bill); or           (6)  any political subdivision that, during the prior eight years, was found to have enacted or implemented a covered policy without obtaining preclearance for such covered policy when required pursuant to this section.

          d.  At least biannually, the Attorney General shall determine which political subdivisions are covered entities pursuant to subsection c.

of section 14 of this act, P.L. P.L.    , c.  c.    (C.  (C.       )(pending before the Legislature as this bill).

          e.    e.   Following each federal decennial census, if a covered entity maintains an at-large method of election, or1[or a covered entity that employs districting plans makes no revisions to its districting plans,plans,]1 the at-large method of election or1[or districting plansplans]1 shall be deemed a “covered policy” and shall be submitted to the Attorney General pursuant to section 14 of this act, P.L.    , c.    (C.        ) (pending before the Legislature as this bill).  The Attorney General shall promulgate, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), the necessary rules and regulations to effectuate the provisions of this subsection.

            14.14.  a.

 a.A 1local elections office for a corresponding1 covered entity may obtain preclearance for a covered policy from the Attorney General pursuant to the following process:

A      (1)  The 1local elections office for the1 covered entity mayshall obtainsubmit preclearancethe covered policy in writing to the Attorney General.  The 1local elections office for the1 covered entity shall also contemporaneously provide a copy of the covered policy fromto the AttorneyDivision Generalof pursuantElections towithin the followingDepartment process:of State.

          (1) (2)  TheUpon coveredsubmission entityof shalla submit the covered policy infor writingpreclearance, toas thesoon Attorneyas General. practicable Thebut coveredno entitylater shallthan alsowithin contemporaneously10 providedays, a copy of the coveredAttorney policyGeneral toshall thepublish Division of Elections within the Departmentsubmission ofon State.its website.

          (2) (3)  UponAfter submissionpublication of a coveredsubmission, policythere shall be an opportunity for preclearance,members asof soonthe aspublic practicableto butcomment noon laterthe thansubmission to the Attorney General within 10the days,time periods set forth in this section.  To facilitate public comment, the Attorney General shall publishprovide an opportunity for members of the public to sign up to receive notifications or alerts regarding submission onof itsa website.covered policy for preclearance.

          (3) (4)  AfterUpon publicationsubmission of a submission,covered therepolicy shallfor bepreclearance, anthe opportunityAttorney forGeneral membersshall ofreview the publiccovered topolicy, commentand onany thepublic submissioncomment, toand theshall, Attorney General within the time periods set forth in this section. section, Toprovide facilitatea publicreport comment,and determination as to whether, under this act, preclearance should be granted or denied to the covered policy.  Such time period shall run concurrent with the time periods for public comment.  The Attorney General shall providenot anmake opportunitysuch determination until the period for memberspublic comment is closed 1[and only after consulting with the Division of Elections within the publicDepartment toof signState upon the feasibility of the proposed covered policy to receiveensure notificationsthat orthe alertscovered regardingpolicy submissionis consistent with Title 19 of the Revised Statutes]1.  The Attorney General may request additional information from a covered policyentity 1or its local elections office1 at any time during its review to aid in developing its report and recommendation.  The failure to timely comply with reasonable requests for preclearance.more information may be grounds for the denial of preclearance.  The Attorney General’s reports and determination shall be posted on its website.

          (4) (5)  UponIn submission of a covered policy for preclearance, the Attorney General shall review the covered policy, and any public comment, and shall, within the time periods set forth in this section, provide a report and determination as to whether,preclearance, under this act, preclearance should be granted or denied to the covered policy.  Such time period shall run concurrent with the time periods for public comment.  The Attorney General shall notidentify makein suchwriting determinationwhether untilit the period for public comment is closedapproving andor onlyrejecting after consulting with the Division of Elections within the Department of State on the feasibility of the proposed covered policypolicy; to ensure that the covered policy is consistent with Title 19 of the Revised Statutes.  The Attorney General may request additional information from a covered entity at any time during its review to aid in developing its report and recommendation.  The failure to timely comply with reasonable requests for more information may be grounds for the denial of preclearance.  The Attorney General’s reports and determination shall be posted on its website.

     (5)  In any determination as to preclearance, the Attorney General shall identify in writing whether it is approving or rejecting the covered policy;

otherwise, it shall grant preclearance.  If the Attorney General grants preclearance, the covered entity 1or its local elections office, as applicable,1 may enact or implement the covered policy immediately.

A1[A determination by the Attorney General to grant preclearance to a covered policy shall not be admissible or otherwise considered by any court in any subsequent action challenging such covered policy.policy.]1       (6)  If the Attorney General denies preclearance, the Attorney General shall interpose objections explaining its basis and the covered policy shall not be enacted or implemented.

          (6) (7)  If the Attorney General deniesfails preclearance,to therespond Attorneywithin Generalthe shallrequired interposetime objectionsframe explainingas itsestablished basisin andthis section, the covered policy shall not be enacteddeemed precleared and the covered entity 1or its local elections office, as applicable,1 may enact or implemented.implement such covered policy.

          (7) (8)  IfThe thetime Attorneyperiods Generalfor failspublic tocomment, respond within the requiredAttorney timeGeneral’s framereview, asand establishedthe indetermination thisof section, the coveredAttorney policyGeneral shallto begrant deemedor precleareddeny andpreclearance theon coveredsubmission entityshall maybe enactas orfollows: implement such covered policy.

          (8) (a)  TheFor timeany periodscovered forpolicy publicconcerning comment, the Attorneydesignation General’sor review,selection andof polling locations, the determinationassignment of election districts to a polling location, or the Attorneylocation Generalof toballot grantdrop boxes, whether for election day or denythe preclearanceearly onvoting submissionperiod, the period for public comment shall be asfive follows:business days.

     (a)  For any covered policy concerning the designation or selection of polling locations, the assignment of election districts to a polling location, or the location of ballot drop boxes, whether for election day or the early voting period, the period for public comment shall be five business days.

          (b)  For good cause, the Attorney General may invoke an extension of up to 21 1additional1 days to make a determination pursuant to this paragraph.

          (c)  For any other covered policy, the period for public comment shall be 10 business days, except that in the case of any such covered policy described in this subparagraph that concerns the implementation of a district-based method of election or redistricting plans or1[or a change to a municipality's form of government,government]1, the period for public comment shall be 20 business days.  At least seven days prior to any such comment period, notice shall be provided to the public and translated for1[for limited English proficient communities.communities] consistent with P.L.2023, c.263 (C.52:14-40 et seq.)1.

 The Attorney General shall review the covered policy, including any public comment, and make a determination to deny or grant preclearance for such covered policy within 60 days following the receipt of such covered policy.  The Attorney General may invoke up to two extensions of 90 1additional1 days each.

          (9)  The Attorney General shall be authorized to promulgate rules for an expedited, emergency preclearance process in the event of a covered policy occurring during or imminently preceding an election during a state of emergency, public health emergency, or state of local disaster, 1emergency,1 or other exigent circumstances.  Any preclearance granted under this provision shall be designated “preliminary” and the Attorney General may deny preclearance within 60 days following receipt of the covered policy.policy.  1Notwithstanding the provisions of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), the rule adopted by the Attorney General pursuant to this paragraph shall become effective immediately upon filing with the Office of Administrative Law for a period not to exceed 24 months, and may thereafter be adopted, amended, or repealed pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.).1       (10)  Any denial of preclearance by the Attorney General may be appealed only by the affected political subdivision to the 1[Law] Appellate1 Division of the Superior Court of New Jersey and taken according to the ordinary rules of appellate procedure.

     (10)  Any denial of preclearance by the Attorney General may be appealed only by the affected political subdivision to the Law Division of the Superior Court of New Jersey and taken according to the ordinary rules of appellate procedure.

Due1[Due to the frequency and urgency of elections, actions brought pursuant to this section shall be subject to expedited pretrial and trial proceedings and receive an automatic calendar preference on appeal.appeal.]1       (11)  Notwithstanding the provisions of this section, 1the local elections office of1 a covered entity may temporarily implement a covered policy without receiving prior preclearance if the Governor has declared a state of emergency pursuant to P.L.1942, c.251 (C.App.A:9-33 et seq.) 1and expressly waives this requirement, the political subdivision of the covered entity declares a state of local disaster or emergency1, or if the Secretary of State determines that a state of emergency exists that would otherwise interfere with the efficient administration of an election.  The policy may remain in effect until the state of emergency is no longer in effect.

          (11) b.  NotwithstandingIf theany provisions of this section, a covered entity mayenacts temporarilyor implementimplements a covered policy without receivingseeking prior preclearance if1[pursuant theto] Governorconsistent haswith1 declaredthis asection, state1when ofso emergencyrequired,1 pursuantor toenacts P.L.1942,or c.251implements (C.App.A:9-33a etcovered seq.),policy ornotwithstanding if the Secretarydenial of Statepreclearance, determineseither thatthe aAttorney stateGeneral ofor emergencyany existsother thatparty wouldwith otherwisestanding interfereto withbring thean efficientaction administrationunder ofthis act may bring an election. action Theto policyenjoin maythe remaincovered inpolicy effectand untilto theseek statesanctions ofagainst emergencythe ispolitical nosubdivision longerand officials in effect.violation.

          b. c.  IfThe anyAttorney coveredGeneral, entityin enactsaccordance orwith implementsthe a“Administrative coveredProcedure policyAct,” withoutP.L.1968, seekingc.410 preclearance(C.52:14B-1 pursuantet toseq.), thisshall section,adopt orsuch enactsrules orand implementsregulations aas covered policy notwithstanding the denial of preclearance, either the Attorney General ordeems anynecessary other party with standing to bringeffectuate anthe actionprovisions underof this actact. may bring an action to enjoin the covered policy and to seek sanctions against the political subdivision and officials in violation.

          c. d. The Attorney General, in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt such rules and regulations as the Attorney General deems necessary to effectuate the provisions of this act.

     d.

          (1)  a list of all covered entities, to be updated biannually;

          (2)  all preclearance submissions each covered entity has made since the effective date of this provision, including any written submission filed by the covered entity;entity 1, and subject to the applicable timelines for retention set forth pursuant to the “Destruction of Public Records Law (1953),” P.L.1953, c.410 (C.47:3-15 et seq.)1;

and           (3)  the status and disposition of each preclearance submission by each covered entity.

          However, the Attorney General shall withhold or redact any information that is exempt from disclosure under P.L.1963, c.73 (C.47:1A-1 et seq.), or that is privileged, confidential, or protected from disclosure pursuant to any other applicable law or regulation.

          e.  (1)  An action may be filed by any aggrieved party in the Superior Court in Mercer County in any of the following circumstances:

          (a)  The Attorney General has approved preclearance to a covered policy in violation of the provisions of this section.

          (b)  The Attorney General has identified a1[a] an entity whose inclusion or exclusion from the1 list of covered entities that1[that]1 is inconsistent with the requirements of this section.

          (c) 1[(c)  The Attorney General has failed to properly implement any of the provisions of this section.section.]1       (2)  In any such action, the court shall evaluate any claims 1[on a de novo basis] with deference to any determination of the Attorney General1.

     (2)  In any such action, the court shall evaluate any claims on a de novo basis.

            15.15.  a.  No person, whether acting under color of law or otherwise, shall engage in acts of intimidation, deception, violence or restraint, or obstruction that affects the right of voters to vote or the performance of official duties by election workers.

 a.      b.

 No person, whether acting under color of law or otherwise, shall engage in acts of intimidation, deception, violence or restraint, or obstruction that affects the right of voters to vote or the performance of official duties by election workers.

     b.

          (1) a person uses or threatens to use any force, violence, restraint, abduction or duress, or inflicts or threatens to inflict any injury, damage, harm or loss, or in any other manner practices intimidation that causes or will reasonably have the effect of causing any person to vote or refrain from voting in general or for or against any particular person or for or against any public question submitted to voters at such election;

          (2)  a person knowingly1[knowingly]1 uses 1, with reckless disregard for the truth,1 any deceptive or fraudulent device, contrivance or communication, that impedes, prevents or otherwise interferes with the free exercise of the elective franchise by any person, or that causes or will reasonably have the effect of causing any person to vote or refrain from voting in general or for or against any particular person or for or against any public question submitted to voters at such election;

or           (3)  a person obstructs, impedes, or otherwise interferes with access to any polling place, ballot drop box, or elections office, or obstructs, impedes, or otherwise interferes with any voter in any manner that causes or will reasonably have the effect of causing any delay in voting or the voting process, including the canvassing of ballots and tabulation and certification of election results.

            16.  a.

          b.  Any party who shall violate any of the provisions of this act or who shall aid the violation of any of said provisions 1, excepting the Attorney General’s preclearance of a change subsequently determined to violate this act, P.L.    , c.    (C.       ) (pending before the Legislature as this bill),1 shall be liable to any prevailing plaintiff party for damages, including nominal damages for any violation, and compensatory or punitive damages for any intentional violation.

          c.    c.   No compensatory or punitive damages shall be awarded against a political subdivision or local election office where the challenged action was taken in good faith reliance1[reliance upon written guidance, advisory opinions, or directives issued by the Division of Elections or the Attorney General.General]1.

          17.17.  a.  In any action or investigation to enforce any provision of this act, P.L.    , c.    (pending before the Legislature as this bill), the Attorney General shall have the authority to take proof and determine relevant facts and to issue subpoenas in accordance with the civil and criminal laws of this State.

 a.       b.  1[Given the frequency of elections, the severe consequences and irreparable harm of holding elections under unlawful conditions, and the expenditures necessary to defend potentially unlawful conditions that benefit incumbent officials, actions brought pursuant to this act shall be subject to expedited pretrial and trial proceedings and receive an automatic calendar preference.        c.]1 In any action or investigation to enforce any provision of this act, P.L.   the ,court c.   shall (pendingallow beforethe prevailing plaintiff party, other than the LegislatureState or political subdivision thereof, a reasonable attorneys' fee, litigation expenses including, but not limited to, expert witness fees and expenses as thispart bill),of the Attorneycosts.  GeneralA shallplaintiff will be deemed to have prevailed when, as a result of litigation, the authoritydefendant toparty takeyields proofmuch andor determineall relevantof factsthe andrelief sought in the suit.  Prevailing defendant parties shall have the right to issuerecover subpoenascosts inonly accordanceif withthe court finds the civilaction andto criminalbe lawsfrivolous, ofunreasonable, thisor State.without foundation.

      b.       Given18.  thea.  frequencyThe ofAttorney elections,General the1[shall] severemay, consequencessubject andto irreparableavailable harmfunding,1 ofengage holdingin electionspublic undereducation unlawfulefforts conditions,as andnecessary to inform the expendituresvoting necessaryeligible topopulation defendabout potentiallytheir unlawfulvoting conditionsrights thatunder benefitthis incumbentact, officials,P.L.    , c.    (C.        )(pending actionsbefore broughtthe pursuantLegislature toas this actbill), shallincluding bewhich subjectpopulations toare expeditedconsidered pretrialprotected classes, which rights are available under language access provisions, and trialany proceedingscauses of action and receiveavenues anof automaticredress calendaravailable preference. for     violations c.of this act.

In      anyb.  actionAs topart enforce any provision of thisits act,public theeducation courtefforts, shall allow the prevailingAttorney plaintiffGeneral party,1[shall] othermay, thansubject theto Stateavailable orfunding,1 politicalcreate subdivisionand thereof,distribute aposters, reasonableflyers, attorneys'online fee,materials, litigation expenses including, but not limited to, expert witness fees and expensesother aswritten partmaterials ofcontaining theinformation costs. on Arights plaintiffunder willthis beact, deemed to havebe prevailedavailable when,and asdisplayed aprominently resultat of litigation, the defendant party yields much or all ofpolling thelocations. relief sought in the suit.  Prevailing defendant parties shall have the right to recover costs only if the court finds the action to be frivolous, unreasonable, or without foundation.

       18.  a.  The Attorney General shall engage in public education efforts as necessary to inform the voting eligible population about their voting rights under this act, P.L.   , c.   (C.   )(pending before the Legislature as this bill), including which populations are considered protected classes, which rights are available under language access provisions, and any causes of action and avenues of redress available for violations of this act.

     b.  As part of its public education efforts, the Attorney General shall create and distribute posters, flyers, online materials, and other written materials containing information on rights under this act, to be available and displayed prominently at all polling locations.

of section 12 of this act, P.L.   P.L.    , c.     (C.       )(pending , c.     (C.       )(pending before the Legislature as this bill).

       19. 1[19.  a.  The Division of Elections within the Department of State shall maintain and administer a publicly accessible, nonpartisan, “Voting and Elections Database” on its Internet website which shall serve as a central repository for elections and voting data from all local elections offices and political subdivisions in the State of New Jersey.  The database shall include information pertaining to elections, registered voters, and ballot access in the State.       However, whenever the publication requirements of this section would cause a voter's privacy to be violated, the election results shall be reported in a manner that maintains the privacy of the vote, provided that the database shall contain a disclosure stating that the information reported may reflect measures to protect the privacy of the vote.  Any information that is exempt from public disclosure under the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.), or that is privileged or confidential pursuant to any other applicable law or regulation, shall not be disclosed.

     (1)  (1)  estimates of protected class membership, including the total population, voting age population, citizen voting age population, and limited English proficiency by language spoken, broken down to the election district level on a year-by-year basis for every political subdivision in the State, based on data from the United States Census Bureau, American Community Survey, or data of comparable quality collected by a public office;

     (3)  (3)  lists of election day poll sites, maps or other documentation of the configuration of districts in any format or formats specified by the director assigned to each election day poll site;

     e.  The information maintained in the database shall be presumed valid if presented to any court concerning any claim brought pursuant to section 5 or 6 of P.L.    , c.    (C.        and C.        , respectively) (pending before the Legislature as this bill).bill).]1         119.  a.  The Division of Elections within the Department of State shall establish and maintain a publicly accessible Internet database that serves as a centralized source of election information and data for the public.

           The 20. database Inshall reportingprovide informationaccess to election information and data maintained by the Secretarydivision ofand Stateshall pursuantinclude links to paragraphelection (4)information ofand subsectiondata a.maintained by county election offices and other governmental entities, as provided in this section.

      The purpose of the database shall be to improve public access to election information and data by providing a centralized point of access to existing election information and data maintained by State and county election officials.

      b.   The database shall provide access to:

      (1) Statewide and county election results;

      (2) voter registration statistics;

      (3) election timelines and important election deadlines;

      (4) polling place and ballot drop box information;

      (5) vote-by-mail information;

      (6) early voting information;

      (7) district maps and other election-related maps maintained by the State or county election offices;

and       (8) any additional information the Secretary of State determines will improve public access to election information.

      c.   Information and data required pursuant to subsection b.

of this section may be provided by:

      (1) publication by the division;

      (2) hyperlinks to official Internet websites of county election offices or other governmental entities responsible for maintaining the information;

or       (3) another electronic method determined appropriate by the division.

      d.   Information and data made available will be pursuant to the applicable retention schedule of such information and data.

      The division shall publish information and data maintained by a governmental entity when that information or data is publicly available through the official website of that governmental entity.

      e.   Nothing in this section shall be construed to require the division to:

      (1) create records or datasets not otherwise required by law;

      (2) perform demographic, statistical, geographic, or historical analyses;

      (3) recreate or digitize historical records that do not exist in electronic format;

      (4) independently verify information maintained by another governmental entity;

      (5) maintain duplicate copies of records for which another governmental entity serves as the official custodian;

or       (6) disclose information made confidential pursuant to State or federal law.

      f.    County election offices and other governmental entities shall remain responsible for maintaining records assigned to them by law.  Nothing in this section shall be construed to transfer statutory custodial responsibilities to the division.

      g.   The division shall update information and data maintained pursuant to this section in accordance with the normal course of election administration and as information and data become available from the governmental entity responsible for maintaining that information and data.

      h.   Information and data made available through the database shall be provided for informational purposes only and shall not constitute the official record of any election.

Official election records shall remain those maintained by the governmental entity having statutory custody of those records.

      i.    The division may consult with county election offices, other State agencies, institutions of higher education, and other entities to establish a nonpartisan centralized database in order to collect, archive, and make available election information and data for the public.

      j.    The implementation of this section shall be subject to the appropriation of available funds.1        20.  In reporting information to the Secretary of State pursuant to paragraph (4) of subsection a.

       23. 1[23.  a.  There is appropriated the sum of $2.5 million from the General Fund to the Department of Law and Public Safety for the purposes of implementing the provisions of this act, including the costs associated with the language access requirements established pursuant to section 12 of this act.  A county or municipality that incurs additional costs as a result of the provisions of section 12 of this act shall apply for reimbursement of such costs in a manner prescribed by the Attorney General, in consultation with the Division of Elections in the Department of State.

     b.    Such additional sums may be appropriated from the General Fund as State aid to each political subdivision as necessary for the implementation of this act, subject to the approval of the Director of the Division of Budget and Accounting in the Department of the Treasury.Treasury.]1         1[24.] 23.1  This act shall take effect 1[July 1, 2026] August 15, 20261, except that sections 12 1[and] ,1 13 1, 14, and 191 shall take effect 1[July] October1 1, 2027.

       24.  This act shall take effect July 1, 2026, except that sections 12 and 13 shall take effect July 1, 2027.