Trenton,
N.J. – A stipulation and order agreement
between the state and federal governments
provides New Jersey additional time to implement
a statewide voter registration database
while ensuring that the November 7 general
election operates fairly and guarantees
all eligible voters the right to vote, Attorney
General Stuart Rabner announced today.
The agreement allows the postponement of
full implementation of the statewide voter
registration system, which was scheduled
to be in effect under provisions of the
Help America Vote Act (HAVA) and a related
state law. Instead, the state will use the
existing county voter registration rolls
as the official system for this fall’s
election.
The state today also sought a declaratory
judgment in Superior Court delaying the
full implementation of the statewide voter
registration system because exclusive use
of the statewide system that could result
in problems that could threaten the integrity
and orderly administration of the election.
The state petition asks that 20 of the 21
counties in the state be permitted to use
their existing county voter registration
records for the Nov. 7 election, while the
new statewide voter registration system
will simultaneously be tested in those counties.
Hunterdon County, however, because of the
manner in which it has set up its election
administration, will be able to use the
new statewide voter registration list exclusively.
“We
are fully committed to protecting the rights
of New Jersey voters and the integrity of
the election on November 7,’’
said Attorney General Rabner, who is the
state’s chief election official. “Free
and fair elections are fundamental to the
democratic process and full participation
is key. Our agreement with the U.S. Justice
Department and the U.S. Attorney’s
Office for the District of New Jersey furthers
both goals. As always, we will be vigilant
in guarding against the potential for fraud.’’
The deadline for registering to vote in
the Nov. 7 election is Oct. 17.
In
the stipulation and order with the U.S.
Department of Justice, the state agreed
to ensure that its statewide voter registration
list complies fully with HAVA by May 30,
2007. By that date, the state agreed to
take reasonable steps to identify the names
of possible duplicate registrations, deceased
registrants, and registered voters who became
ineligible to vote due to conviction of
an indictable offense.
For the upcoming Nov. 7 general election,
each local election district will use its
pre-existing county voter registration system
to generate poll books. Any eligible voter
whose name appears in the county poll book
will be able to cast a regular ballot. A
person whose name is not in the book but
believes that he or she has registered to
vote will be able to cast a provisional
ballot.
“All
voters who are eligible to cast a ballot
will be able to do so this November,”
declared Rabner. “We have been working
diligently on creating a single statewide
voter registration list and will continue
to move forward on this task.’’
Rabner said the agreement with the Justice
Department would not have been possible
without the hard work of First Assistant
Attorney General Anne Milgram and Jason
Orlando, a special assistant to the attorney
general.
Implementation
of the statewide voter registration system
is required by both state and federal law.
Many states have experienced problems implementing
a statewide voter registration system, and
the federal government has agreed to extend
the deadline to comply with HAVA in Maine,
New York and California, entering into agreements
to make certain that the system is implemented
in a manner that will not disrupt the conduct
of an election or potentially disenfranchise
voters.
New Jersey has made good faith efforts to
meet all statutory mandates requiring the
use of the statewide voter registration
system, but state officials uncovered on-going
software problems that would threaten the
integrity of the upcoming general election,
the state declares in its Superior Court
brief.
The Help America Vote Act and New Jersey’s
own Voter Registration Act require that
a new registrant provide his or her driver’s
license number, or, if the person registering
does not have a license, the last four digits
of his or her Social Security number. In
addition, the new statewide list is to be
coordinated with databases at the New Jersey
Motor Vehicle Commission, the Department
of Health and Senior Services, the Department
of Corrections, the Administrative Office
of the Courts and the State Parole Board.
This is to ensure that ineligible voters
and duplicate records are purged.
The system is to be designed so that county
and municipal officials can access the statewide
voter roll, while preventing unauthorized
access. It is also supposed to be set up
to allow voters to be able to verify registration
information on the Internet.
Ultimately,
the statewide voter registration system
(SVRS) will replace the current “legacy’’
system in which the 21 counties maintain
their own independent computerized voter
registration files. The implementation of
the SVRS required the conversion of more
than 6 million records from the 21 county
voter registration systems.
The state awarded a contract to Covansys
Corporation on March 1, 2005 to develop,
install and implement the statewide voter
registration system and Covansys subcontracted
with PCC Technology Group, but specifications
were not met and PCC was removed from the
project on Jan. 1, 2006. The statewide voter
registration system was deployed on May
19, but significant problems were uncovered
in testing and programming the system.
“As
of this date, there are problems with the
SVRS that threaten to disenfranchise voters,
compromise the integrity of the electoral
process, and disrupt the administration
of the election if the state is compelled
to use the SVRS as the election administration
system and to generate the official voter
list,’’ the state’s brief
declares.
Problems
remaining include data conversion problems,
the accurate issuance of absentee ballots,
and the inability to verify a registrant’s
identify.
The use of the county legacy systems in
the Nov. 7 election will insure that no
voter is disenfranchised and that the administration
of the election is efficient, the state
argues in its petition. It will also allow
the SVRS to undergo a live test
that will expose problems and allow for
their timely correction.
>> Stipulation
and Order Agreement (586k pdf) plugin
>> HAVA
Complaint (326k pdf) plugin
>> HAVA
Brief (673k pdf) plugin
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