News and Alerts

STATEMENT ON RESTORATION OF VOTING RIGHTS (from NJ bill)

SENATE 2100/ASSEMBLY 3456

      This bill removes the prohibition on voting by persons who are on parole, probation, or serving a sentence due to a conviction for an indictable offense under any federal or State laws.

     Under Article II, Section I, paragraph 7, the New Jersey Constitution authorizes the Legislature to deny the right to vote to persons convicted of crimes designated by the Legislature. Under N.J.S.A.2C:51-3, a person who is convicted of a crime is disqualified from “voting in any primary, municipal, special or general election as determined by the provisions of R.S.19:4-1.”  In relevant part, R.S.19:4-1 denies the right to vote to any person “who is serving a sentence or is on parole or probation as a result of a conviction of any indictable offense under the laws of this or another state or of the United States.” In New Jersey, indictable offenses are crimes of the fourth through first degree.           

     The bill provides that persons who are serving a sentence of incarceration for an indictable offense under the laws of this state or another state or the United States would be entitled to vote by mail-in ballot, pursuant to the provisions of “The Vote By Mail Law,” in the district in which they resided immediately prior to incarceration.

     The bill, accordingly, also repeals statutory provisions that permit a person to challenge a voter’s right to vote in an election on grounds that the voter is disenfranchised due to a criminal conviction (N.J.S.A.19:15-19); require the commissioner of registration in each county to compare voter registration records with criminal conviction records to prevent disenfranchised persons from voting and registering to vote (N.J.S.A.19:31-17); and criminalize the act of voting while disenfranchised (N.J.S.A.19:34-4).

STATEMENT ON SPECIAL PROSECUTOR BILL (from NJ Bill)

SENATE 1036/ASSEMBLY 3115

     This bill provides that when a person’s death occurred during an encounter with a police officer or other law enforcement officer acting in the officer’s official capacity or while the decedent was in custody, the Attorney General is to supersede the local county prosecutor, utilizing existing supersession authority, and conduct, personally or by a designated deputy or assistant attorney general, any investigation, criminal action or proceeding concerning the incident. 

      The bill provides for the Attorney General or designee to present evidence concerning the incident to a county grand jury or a State grand jury, either one regularly impaneled or one requested to be impaneled by the Attorney General or the Director of the Division of Criminal Justice pursuant to N.J.S.2B:22-1 for this specific purpose, to determine if the evidence supports the return of an indictment against any involved officer.  Any further investigation, criminal action or proceeding, following an indictment, is to be conducted under the law as any other investigation, criminal action or proceeding resulting from a grand jury indictment; provided that the venue for any such criminal action or proceeding will occur in a court located in a county other than the county in which the incident, resulting in the officer’s indictment, occurred.

      The bill also notes that, consistent with existing public records law, the identity of each investigating and arresting officer involved when the person’s death occurred during the encounter with a police officer or other law enforcement officer acting in the officer’s official capacity or while the decedent was in custody would remain subject to public disclosure.  See P.L.1963, c.73 (C.47:1A-1 et seq.).

      The bill takes effect immediately upon enactment and applies to deaths occurring on or after the effective date of the bill.