PUBLIC ADVOCATE’S ATTORNEYS HANDLED 47

VOTERS’ RIGHTS CASES ON PRIMARY ELECTION DAY

TRENTON, NJ – Attorneys for the New Jersey Public Advocate argued in courts around the State on Primary Election Day in support of citizens seeking the right to vote.  In 41 our 47 of those cases handled by DPA attorneys, the courts ordered election officials to allow voters to cast ballots.  Courts denied relief in only six cases.

Eight staff attorneys with the Department were stationed in courthouses around the state, available to advocate for voters’ rights on Primary Election Day and to monitor election problems. Staff attorneys were also just a phone call away, handling about 200 calls to the DPA voter hotline throughout the day.

The types of problems that resulted in voters being turned away from the polls and pleading their case before a judge were varied, said New Jersey Public Advocate Ronald K. Chen, who provided representation in more than a dozen cases in Essex County.  

In many cases, voters said they were informed at the polls that their voter registration was incorrectly listed. That is, people who insisted they were one party were listed as the opposing party and were denied the opportunity to vote in the primary contest of their choice.

Other problems included:

• voters who had been incorrectly purged from the voting rolls due to inactivity;
• voters who believed they had registered on time by using a paid web-based registration system; and
• voters who were denied the opportunity to declare a party and cast a vote even though they were listed as unaffiliated and should be afforded the ability to declare a party on primary day, and vote in the primary election.

In the vast majority of the cases in which they appeared, the DPA attorneys successfully argued that the National Voter Registration Act (NVRA) – also known as the “motor voter” law – requires that the state Motor Vehicle Commission register voters and record changes of address when state residents seek or renew their driver’s licenses.

Chen said that when eligible voters personally appear at an office of the Motor Vehicle Commission for a new or renewal driver’s license, MVC agents must hand them a form that gives them the ability to register to vote on the spot.  Under this federal law, effective in 1995, voters also have similar on-the-spot voter registration rights at government offices providing public assistance, unemployment benefits, disability services, veterans’ aid, and other forms of assistance. 

“We were happy to see that most judges throughout the state recognized and agreed with our position that the potential voter should not have to pay the price when MVC or other public agencies fall short of their statutory mandate,” said Chen, noting that most citizens would have had some contact with any or all of those government entities since the implementation of the federal “motor voter” law in 1995.

 “Greater public awareness about the rights and responsibilities of primary voters and election workers and a concerted effort by the state to implement the federal motor voter law would eliminate many of the problems we saw last week,” said Chen.

Public Advocate attorneys were on duty in Essex, Bergen, Mercer, Monmouth, Middlesex and Somerset counties. Chen said even more DPA attorneys will be available to represent potential voters during the upcoming November election which is expected to draw increased voter participation because of the presidential race.