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A4037 declares that local units of government lack authority to permit noncitizens to vote in local elections, voids any such ordinances or actions as null and void, designates an elected officer's vote to approve such measures as a violation of their oath of office, and adds oath-of-office violations to the Local Government Ethics Law as a violation subject to potential fine.
OUR POSITIONA4037 addresses two related subjects: the authority of local governments in New Jersey to extend voting rights to noncitizens, and the ethical obligations of elected local officers who might attempt to do so.
On the question of local authority, Section 1(a) states a legislative finding and declaration that, pursuant to Article II, Section I, paragraph 3 of the New Jersey Constitution and Title 19 of the New Jersey Statutes, a local unit of government lacks authority to adopt an ordinance, resolution, or rule or regulation, or take any other action that would authorize or permit individuals who are not citizens of the United States to vote in local elections. The bill then goes further than a declaration: any ordinance, resolution, rule or regulation of, or other action taken on behalf of, a local unit that authorizes or permits noncitizens to vote in elections of that local unit shall be against public policy and null and void. This voids both existing and any future such measures.
On officer conduct, Section 1(b) provides that any vote or act by an elected local government officer, after the effective date of this act, to approve an ordinance or resolution that authorizes or permits individuals who are not citizens of the United States to vote in elections of the local unit constitutes a violation of that officer's oath of office to faithfully, impartially and justly perform all the duties of office, as required pursuant to R.S.41:1-3. The provision applies to votes or acts taken after the effective date; it does not address past votes.
Section 2 amends Section 5 of P.L.1991, c.29 (C.40A:9-22.5), the Local Government Ethics Law, by adding a new subdivision (l). That subdivision provides that no elected local government officer shall engage in any action that violates the provisions of the elected local government officer's oath of office, as required pursuant to R.S.41:1-3, including with respect to support of the Constitution of the United States and the Constitution of the State of New Jersey. By embedding this prohibition within C.40A:9-22.5, the bill subjects oath-of-office violations by elected local government officers to enforcement and potential fine under the Local Government Ethics Law. The statement accompanying the bill confirms this reading expressly.
To accommodate the new subdivision (l) as the final item in the list, Section 2 also makes two conforming punctuation amendments: subdivision (j) is changed from ending with a semicolon-and-'and' to ending with a semicolon only, and subdivision (k) is amended to end with '; and', linking it to the new subdivision (l). All pre-existing substantive provisions of C.40A:9-22.5, subdivisions (a) through (k), including ethics prohibitions on conflicts of interest, gifts, misuse of office, representation of outside parties, and post-employment restrictions on independent local authority members, are carried forward without substantive change.
Section 3 sets the effective date as immediate upon enactment.
The American Council believes that the integrity of elections depends on a clear and consistently enforced rule about who is eligible to vote, and that rule must not vary from municipality to municipality based on local political decisions. When local governments purport to extend voting rights beyond what the state constitution permits, they undermine both the rule of law and the equal standing of every lawful voter. A4037 restores that clarity, holds elected officers accountable under ethics law when they act to circumvent it, and does so through enforcement mechanisms already familiar to local government. We urge every member of the Legislature to vote yes on A4037.
A4037 was introduced on February 12, 2026, and referred to the Assembly State and Local Government Committee, where it currently sits. The bill carries a single primary sponsor and one co-sponsor, both from the Assembly, which means it has not yet attracted the broader cross-chamber sponsorship that tends to signal an accelerated path. Because the bill takes effect immediately upon enactment, there is no phase-in period that would reduce the urgency of moving it forward during the current legislative session. Constituent contact directed at your own Assembly member and state senator is most useful now, before the bill's position in committee is set and while legislators are still forming their views on whether to advance it.