{"data":{"id":"us-nj/n.j.-stat.-19-4a-14","jurisdiction":"us-nj","citation":"N.J. Stat. § 19:4A-14","heading":"Process for obtaining preclearance, covered policy.","body":"14. a. A local elections office for a corresponding covered entity may obtain preclearance for a covered policy from the Attorney General pursuant to the following process:\n(1)  The local elections office for the covered entity shall submit the covered policy in writing to the Attorney General.  The local elections office for the covered entity shall also contemporaneously provide a copy of the covered policy to the Division of Elections within the Department of State.\n(2)  Upon submission of a covered policy for preclearance, as soon as practicable but no later than within 10 days, the Attorney General shall publish the submission on its website.\n(3)  After publication of a submission, there shall be an opportunity for members of the public to comment on the submission to the Attorney General within the time periods set forth in this section.  To facilitate public comment, the Attorney General shall provide an opportunity for members of the public to sign up to receive notifications or alerts regarding submission of a covered policy for preclearance.\n(4)  Upon 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, under this act, preclearance should be granted or denied to the covered policy.  Such time period shall run concurrently with the time periods for public comment.  The Attorney General shall not make such determination until the period for public comment is closed.  The Attorney General may request additional information from a covered entity or its local elections office 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.\n(5)  In any determination as to preclearance, the Attorney General shall identify in writing whether it is approving or rejecting the covered policy, provided, however, that the Attorney General may, in its discretion, designate preclearance as “preliminary” in which case the Attorney General may deny preclearance within 60 days following the receipt of submission of the covered policy.  The Attorney General shall deny preclearance upon a written determination, issued within 60 days of receipt of submission of the covered policy, that the covered policy will diminish the ability of protected class members to participate in the political process and to elect their preferred candidates to office or that the covered policy discriminates against members of a protected class in violation of this act, the federal Voting Rights Act, or other provisions of State or federal law; otherwise, it shall grant preclearance.  If the Attorney General grants preclearance, the covered entity or its local elections office, as applicable, may enact or implement the covered policy immediately.\n(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.\n(7) If the Attorney General fails to respond within the required time frame as established in this section, the covered policy shall be deemed precleared and the covered entity or its local elections office, as applicable, may enact or implement such covered policy.\n(8) The time periods for public comment, the Attorney General’s review, and the determination of the Attorney General to grant or deny preclearance on submission shall be as follows:\n(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. At least seven days prior to any such comment period, notice shall be provided to the public and translated for limited English proficient communities. 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 15 days following the receipt of such covered policy.\n(b)  For good cause, the Attorney General may invoke an extension of up to 21 additional days to make a determination pursuant to this paragraph.\n(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, 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, consistent with P.L.2023, c.263 (C.52:14-40 et seq.). 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 additional days each.\n(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, emergency, 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.  Notwithstanding 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.).\n(10)  Any denial of preclearance by the Attorney General may be appealed only by the affected political subdivision to the  Appellate Division of the Superior Court of New Jersey and taken according to the ordinary rules of appellate procedure. No other parties may file an action to appeal a denial of preclearance or intervene in any such action brought by the affected political subdivision.\n(11)  Notwithstanding the provisions of this section, the local elections office of 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.) and expressly waives this requirement, the political subdivision of the covered entity declares a state of local disaster or emergency, 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.\nb.\tIf any covered entity enacts or implements a covered policy without seeking preclearance  consistent with this section, when so required, or enacts or implements a covered policy notwithstanding the denial of preclearance, either the Attorney General or any other party with standing to bring an action under this act may bring an action to enjoin the covered policy and to seek sanctions against the political subdivision and officials in violation.\nc.\tThe 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.\nd.\tThe Attorney General shall additionally maintain a publicly accessible website containing the following information:\n(1)  a list of all covered entities, to be updated biannually;\n(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, 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.);and\n(3)  the status and disposition of each preclearance submission by each covered entity.\nHowever, 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.\ne. (1) An action may be filed by any aggrieved party in the Superior Court in Mercer County in any of the following circumstances:\n(a)  The Attorney General has approved preclearance to a covered policy in violation of the provisions of this section. In any claim under this subsection, the court has discretion to stay the implementation of the covered policy until it can make a determination with respect to whether preclearance should have been approved. A claim under this subsection does not preclude, bar, or limit any other claims that may be brought regarding the covered policy in any way, including claims brought under other sections of this act.\n(b)  The Attorney General has identified an entity whose inclusion or exclusion from the list of covered entities  is inconsistent with the requirements of this section.\n(2)  In any such action, the court shall evaluate any claims with deference to any determination of the Attorney General. The court shall have broad authority to order adequate remedies consistent with section 8 of this act, P.L.2026, c.31 (C.19:4A-8), including imposition of any injunctive relief on any party as the court considers necessary to effectuate this section.\nL.2026, c.31, s.14.","path":["TITLE 19 ELECTIONS"],"source_url":"https://pub.njleg.state.nj.us/statutes/STATUTES-TEXT.zip","current_through":"P.L.2026, c.50, and J.R.1","vintage":"","retrieved_at":"2026-10-18T02:17:40Z","sha256":"7f71e14b247125e216b0ff2630ff6c3efd7a8ec5e140c30ce65645f704ecac4c","source_id":"us-nj","stale":false,"prev":"us-nj/n.j.-stat.-19-4a-13","next":"us-nj/n.j.-stat.-19-4a-15"},"notice":"GroundRules: Original legal text. Not legal advice."}