Gov. Mikie Sherrill’s administration is trying to walk back the impact of a new state law that could shut off political campaigns’ access to key voter-targeting data, a move aimed at preventing the shutdown of a database relied upon by Democratic and Republican candidates, political parties, and advocacy groups.
A senior Sherrill administration official, speaking on the condition of anonymity because they weren’t authorized to discuss the matter publicly, confirmed that the state would not enforce the law until the legislature fixes certain defects that have come to light over the last few days.
The new law, which was set to take effect immediately upon approval, establishes perhaps the toughest regulatory framework for the consumer data industry in the nation, but it created no exemption for political campaigns.
The state Office of Consumer Protection issued an alert late this afternoon, saying it would launch a registry in the spring of 2027 for data collectors to meet the registration requirements.
“Until then, covered data brokers and data collectors will not be required to register under the law or to pay any registration fees,” the alert stated.
But the state stopped short of saying that data brokers were permitted to continue gathering data that the law Sherrill signed just ten days ago made illegal. Instead, the consumer protection office announced that it would provide additional guidance in the coming months.
“The new law prohibits certain data brokers and data collectors from selling or licensing ‘sensitive data’ as defined under the law. We understand that there may be questions about the contours of the new law. To that end, DCA intends to issue additional guidance in the coming months to provide the public with further clarity about the new law’s requirements.”
Click HERE to read the New Jersey Globe story on the voter data issue.
Among the law’s most significant provisions is a ban on the sale or licensing of “sensitive data,” including information that reveals a person’s race or ethnicity, religious beliefs, health conditions, sexual orientation, citizenship or immigration status, transgender status, genetic or biometric information, and children’s data.
Violations are punishable by civil penalties of up to $50,000 for each record sold, offered for sale, or licensed.
The prohibition raises immediate questions for the political industry because many voter-targeting products rely on race, ethnicity, religion, and other demographic modeling to identify and communicate with likely voters. Whether those products can continue to be sold in New Jersey remains uncertain.
The law also prohibits the sale or licensing of precise geolocation data, as defined in the statute. That restriction could limit some location-based political advertising and voter-targeting practices, although campaigns may still be able to use geofencing around churches, union halls, political rallies, sporting events, and polling places if they are not buying or licensing prohibited geolocation data.
The decision by the Office of Consumer Protection not to enforce a law passed by the legislature and signed by the governor mirrors prosecutorial discretion in a criminal matter.
After receiving a go-ahead from the Sherrill administration, Democrats held a conference call with county party officials and campaign managers early this evening to inform them that the voter database administered by the Democratic State Committee will continue without interruption.
The new law was introduced on Sunday, June 28, and passed less than 48 hours later on Tuesday, June 30. Sherrill signed it that day.
Assemblyman Al Barlas (R-Cedar Grove), a Republican on the budget committee who voted against the bill, said he wasn’t surprised that mistakes were made in legislation that was rushed on a Sunday night.
“When you try to rob a bank in the dark, you grab the dye pack,” Barlas told the New Jersey Globe.
