AUTHENTICATED U.S. GOVERNMENT INFORMATION GPO DNANGNAAV NOISSAS LST SSHYONOD AECOl Cc uH
In the Senate of the United States,
March 17 (legislative day, March 3), 1993.
Resolved, That the bill from the House of Representa-
tives (H.R. 2) entitled ‘‘An Act to establish national voter
registration procedures for Federal elections, and for other
purposes’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Voter Registra-
tion Act of 1993’’.
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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 effect
on voter participation in elections for Federal office
and disproportionately harm voter participation 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 elec-
tions for Federal office;
(2) to make it possible for Federal, State, and
local governments to implement this Act in a manner
that enhances the participation of eligible citizens 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 reg-
istration rolls are maintained.
SEC. 3. DEFINITIONS.
As used in this Act—
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(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 Cam-
paign 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 perform
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 ad-
dition to any other method of voter registration provided
for under State law, each State shall establish procedures
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;
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(2) by mail application pursuant to section 6;
and
(3) by application in person—
(A) at the appropriate registration site des-
ignated with respect to the residence of the appli-
cant in accordance with State law; and
(B) at a Federal, State, or nongovernmental
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, under law that is in effect
continuously on and after March 11, 1993, there is no
voter registration requirement for any voter in the
State with respect to an election for Federal office.
(2) A State in which, under law that is in effect
continuously on and after March 11, 1993, or that
was enacted on or prior to March 11, 1993, and by
its terms is to come into effect upon the enactment of
this Act, so long as that law remains in effect, all vot-
ers in the State may register to vote at the polling
place at the time of voting in a general election for
Federal office in a year in which an election for the
office of President is held.’’.
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SEC. 5. SIMULTANEOUS APPLICATION FOR VOTER REG-
ISTRATION AND APPLICATION FOR MOTOR
VEHICLE DRIVER’S LICENSE.
(a) IN GENERAL.—(1) Each State motor vehicle driv-
er’s license application (including any renewal applica-
tion) submitted to the appropriate State motor vehicle au-
thority under State law shall serve as an application for
voter registration with respect to elections for Federal office
unless the applicant fails to sign the voter registration ap-
plication.
(2) An application for voter registration submitted
under paragraph (1) shall be considered as updating any
previous voter registration by the applicant.
(b) LIMITATION ON USE OF INFORMATION.—No infor-
mation relating to the failure of an applicant for a State
motor vehicle driver’s license to sign a voter registration
application 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 por-
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tion of the form (other than a second signature or
other information necessary under subparagraph (C));
(B) 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 election
process;
(C) 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;
(D) shall include, in print that is identical to
that used in the attestation portion of the applica-
tion—
(i) the information required in section
8(a)(5) (A) and (B);
(ii) a statement that, if an applicant de-
clines to register to vote, the fact that the appli-
cant has declined to register will remain con-
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fidential and will be used only for voter registra-
tion purposes; and
(iii) a statement that if an applicant does
register to vote, the office at which the applicant
submits a voter registration application will re-
main confidential and will be used only for voter
registration purposes; and
(E) shall be made available (as submitted by the
applicant, or in machine readable or other format) to
the appropriate State election official as provided 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 notifi-
cation of change of address for voter registration with re-
spect to elections for Federal office for the registrant in-
volved unless the registrant states on the form that the
change of address is not for voter registration purposes.
(e) TRANSMITTAL DEADLINE.—(1) Subject to para-
graph (2), a completed voter registration portion of an ap-
plication for a State motor vehicle driver’s license accepted
at a State motor vehicle authority shall be transmitted to
the appropriate State election official not later than 10
days after the date of acceptance.
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(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 per-
son—
(A) who is entitled to vote by absentee ballot
under the Uniformed and Overseas Citizens Absentee
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 Vot-
ing Accessibility for the Elderly and Handicapped
Act (42 U.S.C. 1973ee–1(b)(2)(B)(ii)); or
(C) who is entitled to vote otherwise than in per-
son under any other Federal law.
(d) UNDELIVERED NOTICES.—If a notice described in
section 8(a)(2) is sent by nonforwardable mail and is re-
turned undelivered, the name of the applicant may be re-
moved from the official list of eligible voters in accordance
with section 8(d).
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SEC. 7. VOTER REGISTRATION AGENCIES.
(a) DESIGNATION.—(1) Each State shall designate
agencies for the registration of voters in elections for Federal
office.
(2) Each State may 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 agencies.
(B) Voter registration agencies designated under sub-
paragraph (A) may include—
(i) State or local government offices such as pub-
lic libraries, public schools, offices of city and county
clerks (including marriage license bureaus), fishing
and hunting license bureaus, government revenue of-
fices, and offices not described in paragraph (2)(B)
that provide services to persons with disabilities; and
(ii) Federal and nongovernmental offices, with
the agreement of such offices.
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(4)(A) At each voter registration agency, the following
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, unless the applicant
refuses such assistance.
(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.
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(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, re-
newal, or change of address form relating to such
service or assistance—
(i) the mail voter registration application
form described in section 9(a)(2), including a
statement that—
(I) specifies each eligibility require-
ment (including citizenship);
(II) contains an attestation that the
applicant meets each such requirement; and
(III) requires the signature of the ap-
plicant, under penalty of perjury; or
(ii) the office’s own form if it is 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, incorporate
in application forms and other forms used at those of-
fices for purposes other than voter registration a
means by which a person who completes the form may