IB
Union Calendar No. 2
103D CONGRESS
1ST SESSION
H. R. 2
[Report No. 103–9]
To establish national voter registration procedures for Federal elections, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1993
Mr. SWIFT (for himself, Mr. GEPHARDT, Mr. BONIOR, Mr. HOYER, Mr.
LEWIS of Georgia, Mr. DERRICK, Mrs. KENNELLY, Mr. RICHARDSON,
Mr. FAZIO, Mr. ROSE, Mr. CONYERS, Mr. CLAY, Mr. GEJDENSON, Mr.
FROST, Mr. MANTON, Mr. KLECZKA, Mr. KILDEE, Mr. MAZZOLI, Mr.
SCHUMER, Mr. DURBIN, Mr. DICKS, Mrs. MORELLA, Mr. MCDERMOTT,
Mrs. UNSOELD, Ms. CANTWELL, Mr. INSLEE, Mr. KREIDLER, Mr.
KLEIN, and Mr. BROWN of Ohio) introduced the following bill; which was
referred to the Committee on House Administration
FEBRUARY 2, 1993
Additional sponsors: Mr. ACKERMAN, Mr. BACCHUS of Florida, Mrs. BYRNE,
Mr. CLYBURN, Mr. DEUTSCH, Mr. EDWARDS of California, Mr. FILNER,
Mr. GREEN of Texas, Mr. KANJORSKI, Mr. KOPETSKI, Mr. MCHALE, Mr.
NADLER, Mr. PASTOR, Ms. PELOSI, Mr. REYNOLDS, Mr. SWETT, Mr.
BAESLER, Mr. FINGERHUT, Ms. FURSE, Mr. KLINK, Ms. MCKINNEY,
Mr. MEEHAN, Mr. MENENDEZ, Ms. NORTON, Mr. ROMERO-BARCELO,
Ms. SHEPHERD, Mr. STUPAK, Ms. WOOLSEY, Mr. ANDREWS of New Jer-
sey, Mr. BECERRA, Mr. BROWN of California, Ms. DELAURO, Mr. DEL-
LUMS, Mr. FIELDS of Louisiana, Mr. GUTIERREZ, Mr. HALL of Ohio, Ms.
HARMAN, Ms. JOHNSON of Texas, Mr. MORAN, Mr. NEAL of Massachu-
setts, Mr. OBEY, Mr. OLVER, Mr. PETERSON of Minnesota, Ms.
VELAZQUEZ, and Mr. WYNN
FEBRUARY 2, 1993
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Omit the part struck through and insert the part printed in italic]
A BILL
To establish national voter registration procedures for
Federal elections, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Voter Reg-
istration Act of 1993’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds that—
(1) the right of citizens of the United States to
vote is a fundamental right;
(2) it is the duty of the Federal, State, and
local governments to promote the exercise of that
right; and
(3) discriminatory and unfair registration laws
and procedures can have a direct and damaging ef-
fect on voter participation in elections for Federal
office and disproportionately harm voter participa-
tion by various groups, including racial minorities.
(b) PURPOSES.—The purposes of this Act are—
(1) to establish procedures that will increase
the number of eligible citizens who register to vote
in elections for Federal office;
(2) to make it possible for Federal, State, and
local governments to implement this Act in a man-
ner that enhances the participation of eligible citi-
zens as voters in elections for Federal office;
(3) to protect the integrity of the electoral proc-
ess; and
(4) to ensure that accurate and current voter
registration rolls are maintained.
SEC. 3. DEFINITIONS.
As used in this Act—
(1) the term ‘‘election’’ has the meaning stated
in section 301(1) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 431(1));
(2) the term ‘‘Federal office’’ has the meaning
stated in section 301(3) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431(3));
(3) the term ‘‘motor vehicle driver’s license’’ in-
cludes any personal identification document issued
by a State motor vehicle authority;
(4) the term ‘‘State’’ means a State of the
United States and the District of Columbia; and
(5) the term ‘‘voter registration agency’’ means
an office designated under section 7(a)(1) to per-
form voter registration activities.
SEC. 4. NATIONAL PROCEDURES FOR VOTER REGISTRA-
TION FOR ELECTIONS FOR FEDERAL OFFICE.
(a) IN GENERAL.—Except as provided in subsection
(b), notwithstanding any other Federal or State law, in
addition to any other method of voter registration pro-
vided for under State law, each State shall establish proce-
dures to register to vote in elections for Federal office—
(1) by application made simultaneously with an
application for a motor vehicle driver’s license pursu-
ant to section 5;
(2) by mail application pursuant to section 6;
and
(3) by application in person—
(A) at the appropriate registration site
designated with respect to the residence of the
applicant in accordance with State law; and
(B) at a Federal, State, or nongovern-
mental office designated under section 7.
(b) NONAPPLICABILITY TO CERTAIN STATES.—This
Act does not apply to a State described in either or both
of the following paragraphs:
(1) A State in which there is no voter registra-
tion requirement for any voter in the State with re-
spect to an election for Federal office.
(2) A State in which all voters in the State may
register to vote at the polling place at the time of
voting in a general election for Federal office.
SEC. 5. SIMULTANEOUS APPLICATION FOR VOTER REG-
ISTRATION AND APPLICATION FOR MOTOR
VEHICLE DRIVER’S LICENSE.
(a) IN GENERAL.—(1) Except as provided in sub-
section (b), each State motor vehicle driver’s license appli-
cation (including any renewal application) submitted to
the appropriate State motor vehicle authority under State
law shall serve as an application for voter registration with
respect to elections for Federal office.
(2) An application for voter registration submitted
under paragraph (1) shall be considered as updating any
previous voter registration by the applicant.
(b) DECLINATION TO REGISTER.—(1) An applicant
for a State motor vehicle driver’s license may decline in
writing to be registered by means of the motor vehicle
driver’s license application.
(2) No information relating to a declination pursuant
to paragraph (1) may be used for any purpose other than
voter registration.
(c) FORMS AND PROCEDURES.—(1) Each State shall
include a voter registration application form for elections
for Federal office as part of an application for a State
motor vehicle driver’s license.
(2) The voter registration application portion of an
application for a State motor vehicle driver’s license—
(A) may not require any information that dupli-
cates information required in the driver’s license
portion of the form (other than a second signature
or other information necessary under subparagraph
(C));
(B) shall include a means by which an applicant
may decline to register to vote pursuant to sub-
section (b);
(C) may require only the minimum amount of
information necessary to—
(i) prevent duplicate voter registrations;
and
(ii) enable State election officials to assess
the eligibility of the applicant and to administer
voter registration and other parts of the elec-
tion process;
(D) shall include a statement that—
(i) states each eligibility requirement (in-
cluding citizenship);
(ii) contains an attestation that the appli-
cant meets each such requirement; and
(iii) requires the signature of the applicant,
under penalty of perjury; and
(E) shall be made available (as submitted by
the applicant, or in machine readable or other for-
mat) to the appropriate State election official as pro-
vided by State law.
(d) CHANGE OF ADDRESS.—Any change of address
form submitted in accordance with State law for purposes
of a State motor vehicle driver’s license shall serve as noti-
fication of change of address for voter registration with
respect to elections for Federal office for the registrant
involved unless the registrant states on the form that the
change of address is not for voter registration purposes.
SEC. 6. MAIL REGISTRATION.
(a) FORM.—(1) Each State shall accept and use the
mail voter registration application form prescribed by the
Federal Election Commission pursuant to section 9(a)(2)
for the registration of voters in elections for Federal office.
(2) In addition to accepting and using the form de-
scribed in paragraph (1), a State may develop and use
a mail voter registration form that meets all of the criteria
stated in section 9(b) for the registration of voters in elec-
tions for Federal office.
(3) A form described in paragraph (1) or (2) shall
be accepted and used for notification of a registrant’s
change of address.
(b) AVAILABILITY OF FORMS.—The chief State elec-
tion official of a State shall make the forms described in
subsection (a) available for distribution through govern-
mental and private entities, with particular emphasis on
making them available for organized voter registration
programs.
(c) FIRST-TIME VOTERS.—(1) Subject to paragraph
(2), a State may by law require a person to vote in person
if—
(A) the person was registered to vote in a juris-
diction by mail; and
(B) the person has not previously voted in that
jurisdiction.
(2) Paragraph (1) does not apply in the case of a
person—
(A) who is entitled to vote by absentee ballot
under the Uniformed and Overseas Citizens Absen-
tee Voting Act (42 U.S.C. 1973ff–1 et seq.);
(B) who is provided the right to vote otherwise
than in person under section 3(b)(2)(B)(ii) of the
Voting Accessibility for the Elderly and Handi-
capped Act (42 U.S.C. 1973ee–1(b)(2)(B)(ii)); or
(C) who is entitled to vote otherwise than in
person under any other Federal law.
SEC. 7. VOTER REGISTRATION AGENCIES.
(a) DESIGNATION.—(1) Each State shall designate
agencies for the registration of voters in elections for Fed-
eral office.
(2) Each State shall designate as voter registration
agencies—
(A) all offices in the State that provide public
assistance, unemployment compensation, or related
services; and
(B) all offices in the State that provide State-
funded programs primarily engaged in providing
services to persons with disabilities.
(3)(A) In addition to voter registration agencies des-
ignated under paragraph (2), each State shall designate
other offices within the State as voter registration agen-
cies.
(B) Voter registration agencies designated under sub-
paragraph (A) may include—
(i) State or local government offices such as
public libraries, public schools, offices of city and
county clerks (including marriage license bureaus),
fishing and hunting license bureaus, government rev-
enue offices, and offices not described in paragraph
(2)(B) that provide services to persons with disabil-
ities; and
(ii) Federal and nongovernmental offices, with
the agreement of such offices.
(4)(A) At each voter registration agency, the follow-
ing services shall be made available:
(i) Distribution of mail voter registration appli-
cation forms in accordance with paragraph (6).
(ii) Assistance to applicants in completing voter
registration application forms.
(iii) Acceptance of completed voter registration
application forms for transmittal to the appropriate
State election official.
(B) If a voter registration agency designated under
paragraph (2)(B) provides services to a person with a dis-
ability at the person’s home, the agency shall provide the
services described in subparagraph (A) at the person’s
home.
(5) A person who provides service described in para-
graph (4) shall not—
(A) seek to influence an applicant’s political
preference or party registration;
(B) display any such political preference or
party allegiance; or
(C) make any statement to an applicant or take
any action the purpose or effect of which is to dis-
courage the applicant from registering to vote.
(6) A voter registration agency that is an office that
provides service or assistance in addition to conducting
voter registration shall—
(A) distribute with each application for such
service or assistance, and with each recertification,
renewal, or change of address form relating to such
service or assistance—
(i) the mail voter registration application
form described in section 9(a)(2); or
(ii) the office’s own form if it is substan-
tially equivalent to the form described in section
9(a)(2),
unless the applicant, in writing, declines to register
to vote;
(B) to the greatest extent practicable, incor-
porate in application forms and other forms used at
those offices for purposes other than voter registra-
tion a means by which a person who completes the
form may decline, in writing, to register to vote in
elections for Federal office; and
(C) provide to each applicant who does not de-
cline to register to vote the same degree of assist-
ance with regard to the completion of the registra-
tion application form as is provided by the office
with regard to the completion of its own forms.
(7) No information relating to a declination to reg-
ister to vote in connection with an application made at
an office described in paragraph (6) may be used for any
purpose other than voter registration.
(b) FEDERAL GOVERNMENT AND PRIVATE SECTOR
COOPERATION.—All departments, agencies, and other en-
tities of the executive branch of the Federal Government
shall, to the greatest extent practicable, cooperate with the
States in carrying out subsection (a), and all nongovern-
mental entities are encouraged to do so.
(c) TRANSMITTAL DEADLINE.—(1) Subject to para-
graph (2), a completed registration application accepted
at a voter registration agency shall be transmitted to the
appropriate State election official not later than 10 days
after the date of acceptance.
(2) If a registration application is accepted within 5
days before the last day for registration to vote in an elec-
tion, the application shall be transmitted to the appro-
priate State election official not later than 5 days after
the date of acceptance.
SEC. 8. REQUIREMENTS WITH RESPECT TO ADMINISTRA-
TION OF VOTER REGISTRATION.
(a) IN GENERAL.—In the administration of voter
registration for elections for Federal office, each State
shall—
(1) ensure that any eligible applicant is reg-
istered to vote in an election—
(A) in the case of registration with a motor
vehicle application under section 5, if the valid
voter registration form of the applicant is sub-
mitted to the appropriate State motor vehicle
authority not later than the lesser of 30 days,
or the period provided by State law, before the
date of the election;
(B) in the case of registration by mail
under section 6, if the valid voter registration
form of the applicant is postmarked not later
than the lesser of 30 days, or the period pro-
vided by State law, before the date of the elec-
tion;
(C) in the case of registration at a voter
registration agency, if the valid voter registra-
tion form of the applicant is accepted at the
voter registration agency not later than the
lesser of 30 days, or the period provided by
State law, before the date of the election; and
(D) in any other case, if the valid voter
registration form of the applicant is received by
the appropriate State election official not later
than the lesser of 30 days, or the period pro-
vided by State law, before the date of the elec-
tion;
(2) require the appropriate State election offi-
cial to send notice to each applicant of the disposi-
tion of the application;
(3) provide that the name of a registrant may
not be removed from the official list of eligible voters
except—
(A) at the request of the registrant;
(B) as provided by State law, by reason of
criminal conviction or mental incapacity; or
(C) as provided under paragraph (4);
(4) conduct a general program that makes a
reasonable effort to remove the names of ineligible
voters from the official lists of eligible voters by rea-
son of—
(A) the death of the registrant; or
(B) a change in the residence of the reg-
istrant, in accordance with subsections (b), (c),
and (d);
(5) inform applicants under sections 5, 6, and
7 of—
(A) voter eligibility requirements; and
(B) penalties provided by law for submis-
sion of a false voter registration application;
and
(6) ensure that the identity of the voter reg-
istration agency through which any particular voter
is registered is not disclosed to the public.
(b) CONFIRMATION OF VOTER REGISTRATION.—Any
State program or activity to protect the integrity of the
electoral process by ensuring the maintenance of an accu-
rate and current voter registration roll for elections for
Federal office—
(1) shall be uniform, nondiscriminatory, and in
compliance with the Voting Rights Act of 1965 (42
U.S.C. 1973 et seq.); and
(2) shall not result in the removal of the name
of any person from the official list of voters reg-
istered to vote in an election for Federal office by
reason of the person’s failure to vote.
(c) VOTER REMOVAL PROGRAMS.—(1) A State may
meet the requirement of subsection (a)(4) by establishing
a program under which—
(A) change-of-address information supplied by
the Postal Service through its licensees is used to
identify registrants whose addresses may have
changed; and
(B) if it appears from information provided by
the Postal Service that—
(i) a registrant has moved to a different
residence address in the same registrar’s juris-
diction in which the registrant is currently reg-
istered, the registrar changes the registration
records to show the new address and sends the
registrant a notice of the change by forwardable
mail and a postage prepaid pre-addressed re-
turn form by which the registrant may verify or
correct the address information; or
(ii) the registrant has moved to a different
residence address not in the same registrar’s ju-
risdiction, the registrar uses the notice proce-
dure described in subsection (d)(2) to confirm
the change of address.
(2)(A) A State shall complete, not later than 90 days
prior to the date of a primary or general election for Fed-
eral office, any program the purpose of which is to system-
atically remove the names of ineligible voters from the offi-
cial lists of eligible voters.
(B) Subparagraph (A) shall not be construed to
preclude—
(i) the removal of names from official lists of
voters on a basis described in paragraph (3) (A) or
(B) or (4)(A) of subsection (a); or
(ii) correction of registration records pursuant
to this Act.
(d) REMOVAL OF NAMES FROM VOTING ROLLS.—(1)
A State shall not remove the name of a registrant from
the official list of eligible voters in elections for Federal
office on the ground that the registrant has changed resi-
dence unless the registrant—
(A) confirms in writing that the registrant has
changed residence to a place outside the registrar’s
jurisdiction in which the registrant is registered; or
(B)(i) has failed to respond to a notice de-
scribed in paragraph (2); and
(ii) has not voted or appeared to vote (and, if
necessary, correct the registrar’s record of the reg-
istrant’s address) in an election during the period
beginning on the date of the notice and ending on
the day after the date of the second general election
for Federal office that occurs after the date of the
notice.
(2) A notice is described in this paragraph if it is
a postage prepaid and pre-addressed return card, sent by
forwardable mail, on which the registrant may state his
or her current address, together with a notice to the fol-
lowing effect:
(A) If the registrant did not change his or her
residence, or changed residence but remained in the
registrar’s jurisdiction, the registrant should return
the card not later than the time provided for mail
registration under subsection (a)(1)(B). If the card
is not returned, affirmation or confirmation of the
registrant’s address may be required before the reg-
istrant is permitted to vote in a Federal election
during the period beginning on the date of the notice
and ending on the day after the date of the second
general election for Federal office that occurs after
the date of the notice, and if the registrant does not
vote in an election during that period the reg-
istrant’s name will be removed from the list of eligi-
ble voters.
(B) If the registrant has changed residence to
a place outside the registrar’s jurisdiction in which
the registrant is registered, information concerning
how the registrant can continue to be eligible to
vote.
(3) A voting registrar shall correct an official list of
eligible voters in elections for Federal office in accordance
with change of residence information obtained in conform-
ance with this subsection.
(e) PROCEDURE FOR VOTING FOLLOWING FAILURE
TO RETURN CARD.—(1) A registrant who has moved from
an address in the area covered by a polling place to an
address in the same area shall, notwithstanding failure to
notify the registrar of the change of address prior to the
date of an election, be permitted to vote at that polling
place upon oral or written affirmation by the registrant
of the change of address before an election official at that
polling place.
(2)(A) A registrant who has moved from an address
in the area covered by one polling place to an address in
an area covered by a second polling place within the same
registrar’s jurisdiction and the same congressional district
and who has failed to notify the registrar of the change
of address prior to the date of an election, at the option
of the registrant—
(i) shall be permitted to correct the voting
records and vote at the registrant’s former polling
place, upon oral or written affirmation by the reg-
istrant of the new address before an election official
at that polling place; or
(ii)(I) shall be permitted to correct the voting
records and vote at a central location within the
same registrar’s jurisdiction designated by the reg-
istrar where a list of eligible voters is maintained,
upon written affirmation by the registrant of the
new address on a standard form provided by the
registrar at the central location; or
(II) shall be permitted to correct the voting
records for purposes of voting in future elections at
the appropriate polling place for the current address
and, if permitted by State law, shall be permitted to
vote in the present election, upon confirmation by
the registrant of the new address by such means as
are required by law.
(B) If State law permits the registrant to vote in the
current election upon oral or written affirmation by the
registrant of the new address at a polling place described
in subparagraph (A)(ii)(II), voting at the former polling
place as described in subparagraph (A)(i) and at a central
location as described in subparagraph (A)(ii)(I) need not
be provided as alternative options.
(3) If the registration records indicate that a reg-
istrant has moved from an address in the area covered
by a polling place, the registrant shall, upon oral or writ-
ten affirmation by the registrant before an election official
at that polling place that the registrant continues to reside
at the address previously made known to the registrar, be
permitted to vote at that polling place.
(f) CHANGE OF VOTING ADDRESS WITHIN A JURIS-
DICTION.—In the case of a change of address, for voting
purposes, of a registrant to another address within the
same registrar’s jurisdiction, the registrar shall correct the
voting registration list accordingly, and the registrant’s
name may not be removed from the official list of eligible
voters by reason of such a change of address except as
provided in subsection (d).
(g) CONVICTION IN FEDERAL COURT.—(1) On the
conviction of a person of a felony in a district court of
the United States, the United States attorney shall give
written notice of the conviction to the chief State election
official designated under section 10 of the State of the
person’s residence.
(2) A notice given pursuant to paragraph (1) shall
include—
(A) the name of the offender;
(B) the offender’s age and residence address;
(C) the date of entry of the judgment;
(D) a description of the offenses of which the
offender was convicted; and
(E) the sentence imposed by the court.
(3) On request of the chief State election official of
a State or other State official with responsibility for deter-
mining the effect that a conviction may have on an offend-
er’s qualification to vote, the United States attorney shall
provide such additional information as the United States
attorney may have concerning the offender and the offense
of which the offender was convicted.
(4) If a conviction of which notice was given pursuant
to paragraph (1) is overturned, the United States attorney
shall give the official to whom the notice was given written
notice of the vacation of the judgment.
(5) The chief State election official shall notify the
voter registration officials of the local jurisdiction in which
an offender resides of the information received under this
subsection.
(h) REDUCED POSTAL RATES.—(1) Subchapter II of
chapter 36 of title 39, United States Code, is amended
by adding at the end the following:
‘‘§ 3629. Reduced rates for voter registration pur-
poses
‘‘The Postal Service shall make available to a State
or local voting registration official the rate for any class
of mail that is available to a qualified nonprofit organiza-
tion under section 3626 for the purpose of making a mail-
ing that the official certifies is required or authorized by
the National Voter Registration Act of 1993.’’.
(2) Section 2401(c) of title 39, United States Code,
is amended by striking ‘‘and 3626(a)–(h)’’ and inserting
‘‘3626(a)–(h), and 3629’’.
(3) Section 3627 of title 39, United States Code, is
amended by striking ‘‘or 3626 of this title,’’ and inserting
‘‘, 3626, or 3629 of this title’’.
(2) The first sentence of section 2401(c) of title 39,
United States Code, is amended by striking out ‘‘and
3626(a)–(h) and (j)–(k) of this title,’’ and inserting in lieu
thereof ‘‘3626(a)–(h), 3626(j)–(k), and 3629 of this title’’.
(3) Section 3627 of title 39, United States Code, is
amended by striking out ‘‘or 3626 of this title,’’ and insert-
ing in lieu thereof ‘‘3626, or 3629 of this title’’.
(4) The table of sections for chapter 36 of title 39,
United States Code, is amended by inserting after the
item relating to section 3628 the following new item:
‘‘3629. Reduced rates for voter registration purposes.’’.
(i) PUBLIC DISCLOSURE OF VOTER REGISTRATION
ACTIVITIES.—(1) Each State shall maintain for at least
2 years and shall make available for public inspection and,
where available, photocopying at a reasonable cost, all
records concerning the implementation of programs and
activities conducted for the purpose of ensuring the accu-
racy and currency of official lists of eligible voters, except
to the extent that such records relate to a declination to
register to vote or to the identity of a voter registration
agency through which any particular voter is registered.
(2) The records maintained pursuant to paragraph
(1) shall include lists of the names and addresses of all
persons to whom notices described in subsection (d)(2) are
sent, and information concerning whether or not each such
person has responded to the notice as of the date that
inspection of the records is made.
(j) DEFINITION.—For the purposes of this section,
the term ‘‘registrar’s jurisdiction’’ means—
(1) an incorporated city, town, borough, or
other form of municipality;
(2) if voter registration is maintained by a
county, parish, or other unit of government that gov-
erns a larger geographic area than a municipality,
the geographic area governed by that unit of govern-
ment; or
(3) if voter registration is maintained on a con-
solidated basis for more than one municipality or
other unit of government by an office that performs
all of the functions of a voting registrar, the geo-
graphic area of the consolidated municipalities or
other geographic units.