H. R. 2
One Hundred Third Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, one thousand nine hundred and ninety-three
An Act
To establish national voter registration procedures for Federal elections, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Voter Registration
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 govern-
ments to promote the exercise of that right; and
(3) discriminatory and unfair registration laws and proce-
dures can have a direct and damaging effect on voter participa-
tion in elections for Federal office and disproportionately harm
voter participation by various groups, including racial minori-
ties.
(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 govern-
ments 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 process; 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’’ includes any
personal identification document issued by a State motor
vehicle authority;
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(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 REGISTRATION FOR
ELECTIONS FOR FEDERAL OFFICE.
(a) IN GENERAL.—Except as provided in subsection (b), notwith-
standing any other Federal or State law, in addition 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 pursuant 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 nongovernmental office des-
ignated under section 7.
(b) NONAPPLICABILITY TO CERTAIN STATES.—This Act does not
apply to a State described in either or both of the following para-
graphs:
(1) A State in which, under law that is in effect continu-
ously 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 continu-
ously 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 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 REGISTRATION AND
APPLICATION FOR MOTOR VEHICLE DRIVER’S LICENSE.
(a) IN GENERAL.—(1) Each State motor vehicle driver’s license
application (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 elec-
tions for Federal office unless the applicant fails to sign the voter
registration application.
(2) An application for voter registration submitted under para-
graph (1) shall be considered as updating any previous voter reg-
istration by the applicant.
(b) LIMITATION ON USE OF INFORMATION.—No information relat-
ing 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—
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(A) may not require any information that duplicates
information required in the driver’s license portion 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 eligi-
bility 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 (including citizen-
ship);
(ii) contains an attestation that the applicant meets
each such requirement; and
(iii) requires the signature of the applicant, under pen-
alty of perjury;
(D) shall include, in print that is identical to that used
in the attestation portion of the application—
(i) the information required in section 8(a)(5) (A) and
(B);
(ii) a statement that, if an applicant declines to register
to vote, the fact that the applicant has declined to register
will remain confidential and will be used only for voter
registration 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 remain 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 submit-
ted in accordance with State law for purposes of a State motor
vehicle driver’s license shall serve as notification 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.
(e) TRANSMITTAL DEADLINE.—(1) Subject to paragraph (2), a
completed voter registration portion of an application 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.
(2) If a registration application is accepted within 5 days before
the last day for registration to vote in an election, the application
shall be transmitted to the appropriate State election official not
later than 5 days after the date of acceptance.
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 described in
paragraph (1), a State may develop and use a mail voter registration
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form that meets all of the criteria stated in section 9(b) for the
registration of voters in elections 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 election official
of a State shall make the forms described in subsection (a) available
for distribution through governmental 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 jurisdiction
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 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 Voting 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 person under
any other Federal law.
(d) UNDELIVERED NOTICES.—If a notice of the disposition of
a mail voter registration application under section 8(a)(2) is sent
by nonforwardable mail and is returned undelivered, the registrar
may proceed in accordance with section 8(d).
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 shall designate as voter registration agencies—
(A) all offices in the State that provide public assistance;
and
(B) all offices in the State that provide State-funded pro-
grams primarily engaged in providing services to persons with
disabilities.
(3)(A) In addition to voter registration agencies designated
under paragraph (2), each State shall designate other offices within
the State as voter registration agencies.
(B) Voter registration agencies designated under subparagraph
(A) may include—
(i) State or local government offices such as public libraries,
public schools, offices of city and county clerks (including mar-
riage license bureaus), fishing and hunting license bureaus,
government revenue offices, unemployment compensation
offices, and offices not described in paragraph (2)(B) that pro-
vide services to persons with disabilities; and
(ii) Federal and nongovernmental offices, with the agree-
ment of such offices.
(4)(A) At each voter registration agency, the following services
shall be made available:
(i) Distribution of mail voter registration application forms
in accordance with paragraph (6).
(ii) Assistance to applicants in completing voter registration
application forms, unless the applicant refuses such assistance.
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(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 disability at the person’s
home, the agency shall provide the services described in subpara-
graph (A) at the person’s home.
(5) A person who provides service described in paragraph (4)
shall not—
(A) seek to influence an applicant’s political preference
or party registration;
(B) display any such political preference or party allegiance;
(C) make any statement to an applicant or take any action
the purpose or effect of which is to discourage the applicant
from registering to vote; or
(D) make any statement to an applicant or take any action
the purpose or effect of which is to lead the applicant to believe
that a decision to register or not to register has any bearing
on the availability of services or benefits.
(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), including a statement that—
(I) specifies each eligibility requirement (including
citizenship);
(II) contains an attestation that the applicant
meets each such requirement; and
(III) requires the signature of the applicant, 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) provide a form that includes—
(i) the question, ‘‘If you are not registered to vote
where you live now, would you like to apply to register
to vote here today?’’;
(ii) if the agency provides public assistance, the state-
ment, ‘‘Applying to register or declining to register to vote
will not affect the amount of assistance that you will be
provided by this agency.’’;
(iii) boxes for the applicant to check to indicate whether
the applicant would like to register or declines to register
to vote (failure to check either box being deemed to con-
stitute a declination to register for purposes of subpara-
graph (C)), together with the statement (in close proximity
to the boxes and in prominent type), ‘‘IF YOU DO NOT
CHECK EITHER BOX, YOU WILL BE CONSIDERED
TO HAVE DECIDED NOT TO REGISTER TO VOTE AT
THIS TIME.’’;
(iv) the statement, ‘‘If you would like help in filling
out the voter registration application form, we will help
you. The decision whether to seek or accept help is yours.
You may fill out the application form in private.’’; and
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(v) the statement, ‘‘If you believe that someone has
interfered with your right to register or to decline to reg-
ister to vote, your right to privacy in deciding whether
to register or in applying to register to vote, or your right
to choose your own political party or other political pref-
erence, you may file a complaint with llllll.’’, the
blank being filled by the name, address, and telephone
number of the appropriate official to whom such a com-
plaint should be addressed; and
(C) provide to each applicant who does not decline to reg-
ister to vote the same degree of assistance with regard to
the completion of the registration application form as is pro-
vided by the office with regard to the completion of its own
forms, unless the applicant refuses such assistance.
(7) No information relating to a declination to register to vote
in connection with an application made at an office described in
paragraph (6) may be used for any purpose other than voter reg-
istration.
(b) FEDERAL GOVERNMENT
AND PRIVATE SECTOR COOPERA-
TION.—All departments, agencies, and other entities 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 nongovernmental entities are encouraged to do so.
(c) ARMED FORCES RECRUITMENT OFFICES.—(1) Each State and
the Secretary of Defense shall jointly develop and implement proce-
dures for persons to apply to register to vote at recruitment offices
of the Armed Forces of the United States.
(2) A recruitment office of the Armed Forces of the United
States shall be considered to be a voter registration agency des-
ignated under subsection (a)(2) for all purposes of this Act.
(d) TRANSMITTAL DEADLINE.—(1) Subject to paragraph (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 election, the application
shall be transmitted to the appropriate State election official not
later than 5 days after the date of acceptance.
SEC. 8. REQUIREMENTS WITH RESPECT TO ADMINISTRATION 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 registered 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 submitted 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 provided by State law, before the date of the
election;
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(C) in the case of registration at a voter registration
agency, if the valid voter registration 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 provided by State law, before the date of the
election;
(2) require the appropriate State election official to send
notice to each applicant of the disposition 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 reason of—
(A) the death of the registrant; or
(B) a change in the residence of the registrant, 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 submission of a false
voter registration application; and
(6) ensure that the identity of the voter registration agency
through which any particular voter is registered is not disclosed
to the public.
(b) CONFIRMATION OF VOTER REGISTRATION.—Any State pro-
gram or activity to protect the integrity of the electoral process
by ensuring the maintenance of an accurate 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 registered 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 jurisdiction in which the
registrant is currently registered, 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 return form by which