N.J. Stat. § 19:4A-11: New Jersey Voter Empowerment Act notification letter, resolution.

11. a. Before commencing a judicial action against a political subdivision under section 5 or 6 of this act, P.L.2026, c.31 (C.19:4A-5 or C.19:4A-6), a prospective plaintiff shall send by certified mail a written notice to the clerk of the political subdivision or, if the political subdivision does not have a clerk, the governing body of the political subdivision, against which the action would be brought, asserting that the political subdivision may be in violation of this act. This written notice shall be referred to as a “New Jersey Voter Empowerment Act notification letter,” or an “NJVEA notification letter” in this act. The prospective plaintiff shall also send by certified mail a copy of the NJVEA notification letter to 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 against which the action would be brought.

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.

c. Within 50 days after a prospective plaintiff has mailed an NJVEA notification letter or on its own volition, the governing body of a political subdivision may pass a resolution, after consulting 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, affirming:

(1) the political subdivision's intention to enact and implement a remedy for a potential violation of this act;

(2) specific steps the political subdivision will undertake to facilitate approval and implementation of such a remedy; and

(3) a schedule for enacting and implementing such a remedy.

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.2026, c.31 (C.19:4A-5 or C.19:4A-6) against the political subdivision.

d. If the governing body of a political subdivision lacks the authority under this act or applicable State law or local laws to enact or implement a remedy identified in an NJVEA resolution, or seeks to enact or implement a remedy other than the remedy identified in an NJVEA resolution, within 140 days after receipt of the NJVEA notification letter, or if the political subdivision is a covered entity as defined under subsection c. of section 13 of this act, the governing body of the political subdivision shall undertake the steps enumerated in the following provisions:

(1) the 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) prior 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) within 45 days of receipt of a NJVEA proposal, the Attorney General shall grant or deny approval of the NJVEA proposal; and

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

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

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

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

(d) implementation 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) if 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) if the political subdivision is a covered entity as defined under subsection c. of section 13 of this act, P.L.2026, c.31 (C.19:4A-13), the political subdivision shall not be required to obtain preclearance for the NJVEA proposal pursuant to such section upon approval of the NJVEA proposal by the Attorney General;

(7) if 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 biennially by the State Treasurer in direct proportion to the percent change in the Consumer Price Index over a 24-month 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 every even year and the adjustment shall become effective for reimbursements ordered during the two calendar years following the determination, beginning with reimbursements ordered on or after January 1 of the first calendar year in the two-year cycle. 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 biennial 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. 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.2026, c.31 (C.19:4A-5 or C.19:4A-6), under the following circumstances:

(1) another party has already submitted a notification letter and commenced a judicial action against the political subdivision, and the party bringing a cause of action pursuant to this subsection alleges substantially similar violations and seeks to join the previously filed judicial action;

(2) the party is seeking preliminary relief with respect to an election that is scheduled to be held less than 70 days from the date of receipt of the NJVEA letter; or

(3) the prospect of obtaining relief under the NJVEA notification letter and NJVEA proposal processes of this section would be futile.

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.

L.2026, c.31, s.11.