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52 U.S.C. § 20503 (VOTING AND ELECTIONS)
§ 20503. National procedures for voter registration 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 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 20504 of this title;
(2) by mail application pursuant to section 20505 of this title; 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 designated under section 20506 of this title.
(b) Nonapplicability to certain States
This chapter 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 August 1, 1994, 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 August 1, 1994, or that was enacted on or prior to August 1, 1994, and by its terms is to come into effect upon the enactment of this chapter, 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.
(Pub. L. 103–31, § 4, May 20, 1993, 107 Stat. 78; Pub. L. 104–91, title I, § 101(a), Jan. 6, 1996, 110 Stat. 11, amended Pub. L. 104–99, title II, § 211, Jan. 26, 1996, 110 Stat. 37.)
heading: Editorial Notes
heading: References in Text
text: Upon the enactment of this chapter, referred to in subsec. (b)(2), means the date of enactment of Pub. L. 103–31, which was approved May 20, 1993.
heading: Codification
text: Section was formerly classified to section 1973gg–2 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendment by Pub. L. 104–91 is based on section 116(a) of H.R. 2076, One Hundred Fourth Congress, as passed by the House of Representatives on Dec. 6, 1995, which was enacted into law by Pub. L. 104–91.
heading: Amendments
text: 1996—Subsec. (b). Pub. L. 104–91, as amended by Pub. L. 104–99, substituted “August 1, 1994” for “March 11, 1993” wherever appearing.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1996 Amendment
text: Section 116(b) of H.R. 2076, One Hundred Fourth Congress, as passed by the House of Representatives on Dec. 6, 1995, and as enacted into law by Pub. L. 104–91, title I, § 101(a), Jan. 6, 1996, 110 Stat. 11, as amended by Pub. L. 104–99, title II, § 211, Jan. 26, 1996, 110 Stat. 37, provided that: “The amendments made by subsection (a) [amending this section] shall take effect as if included in the provisions of the National Voter Registration Act of 1993 [Pub. L. 103–31, see Tables for classification].”
52 U.S.C. § 20505 (VOTING AND ELECTIONS)
§ 20505. 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 20508(a)(2) of this title 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 form that meets all of the criteria stated in section 20508(b) of this title 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 [52 U.S.C. 20301 et seq.];
(B) who is provided the right to vote otherwise than in person under section 20102(b)(2)(B)(ii) of this title; 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 20507(a)(2) of this title is sent by nonforwardable mail and is returned undelivered, the registrar may proceed in accordance with section 20507(d) of this title.
(Pub. L. 103–31, § 6, May 20, 1993, 107 Stat. 79.)
heading: Editorial Notes
heading: References in Text
text: The Uniformed and Overseas Citizens Absentee Voting Act, referred to in subsec. (c)(2)(A), is Pub. L. 99–410, Aug. 28, 1986, 100 Stat. 924, which is classified principally to chapter 203 (§ 20301 et seq.) of this title. For complete classification of this Act to the Code, see Tables.
heading: Codification
text: Section was formerly classified to section 1973gg–4 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20508 (VOTING AND ELECTIONS)
§ 20508. Federal coordination and regulations
(a) In general
The Election Assistance Commission—
(1) in consultation with the chief election officers of the States, shall prescribe such regulations as are necessary to carry out paragraphs (2) and (3);
(2) in consultation with the chief election officers of the States, shall develop a mail voter registration application form for elections for Federal office;
(3) not later than June 30 of each odd-numbered year, shall submit to the Congress a report assessing the impact of this chapter on the administration of elections for Federal office during the preceding 2-year period and including recommendations for improvements in Federal and State procedures, forms, and other matters affected by this chapter; and
(4) shall provide information to the States with respect to the responsibilities of the States under this chapter.
(b) Contents of mail voter registration form
The mail voter registration form developed under subsection (a)(2)—
(1) may require only such identifying information (including the signature of the applicant) and other information (including data relating to previous registration by the applicant), as is necessary to enable the appropriate State election official to assess the eligibility of the applicant and to administer voter registration and other parts of the election process;
(2) shall include a statement that—
(A) specifies each eligibility requirement (including citizenship);
(B) contains an attestation that the applicant meets each such requirement; and
(C) requires the signature of the applicant, under penalty of perjury;
(3) may not include any requirement for notarization or other formal authentication; and
(4) shall include, in print that is identical to that used in the attestation portion of the application—
(i) the information required in section 20507(a)(5)(A) and (B) of this title;
(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.
(Pub. L. 103–31, § 9, May 20, 1993, 107 Stat. 87; Pub. L. 107–252, title VIII, § 802(b), Oct. 29, 2002, 116 Stat. 1726.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 1973gg–7 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 2002—Subsec. (a). Pub. L. 107–252 substituted “Election Assistance Commission” for “Federal Election Commission” in introductory provisions.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2002 Amendment
text: Amendment by Pub. L. 107–252 effective upon appointment of all members of the Election Assistance Commission under section 20923 of this title, see section 21134(a) of this title.
52 U.S.C. § 20509 (VOTING AND ELECTIONS)
§ 20509. Designation of chief State election official
Each State shall designate a State officer or employee as the chief State election official to be responsible for coordination of State responsibilities under this chapter.
(Pub. L. 103–31, § 10, May 20, 1993, 107 Stat. 87.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 1973gg–8 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20510 (VOTING AND ELECTIONS)
§ 20510. Civil enforcement and private right of action
(a) Attorney General
The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out this chapter.
(b) Private right of action
(1) A person who is aggrieved by a violation of this chapter may provide written notice of the violation to the chief election official of the State involved.
(2) If the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to the violation.
(3) If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action under paragraph (2).
(c) Attorney’s fees
In a civil action under this section, the court may allow the prevailing party (other than the United States) reasonable attorney fees, including litigation expenses, and costs.
(d) Relation to other laws
(1) The rights and remedies established by this section are in addition to all other rights and remedies provided by law, and neither the rights and remedies established by this section nor any other provision of this chapter shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) [now 52 U.S.C. 10301 et seq.].
(2) Nothing in this chapter authorizes or requires conduct that is prohibited by the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) [now 52 U.S.C. 10301 et seq.].
(Pub. L. 103–31, § 11, May 20, 1993, 107 Stat. 88.)
heading: Editorial Notes
heading: References in Text
text: The Voting Rights Act of 1965, referred to in subsec. (d), is Pub. L. 89–110, Aug. 6, 1965, 79 Stat. 437, which is classified generally to chapters 103 (§ 10301 et seq.), 105 (§ 10501 et seq.), and 107 (§ 10701 et seq.) of this title. For complete classification of this Act to the Code, see Tables.
heading: Codification
text: Section was formerly classified to section 1973gg–9 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20511 (VOTING AND ELECTIONS)
§ 20511. Criminal penalties
A person, including an election official, who in any election for Federal office—
(1) knowingly and willfully intimidates, threatens, or coerces, or attempts to intimidate, threaten, or coerce, any person for—
(A) registering to vote, or voting, or attempting to register or vote;
(B) urging or aiding any person to register to vote, to vote, or to attempt to register or vote; or
(C) exercising any right under this chapter; or
(2) knowingly and willfully deprives, defrauds, or attempts to deprive or defraud the residents of a State of a fair and impartially conducted election process, by—
(A) the procurement or submission of voter registration applications that are known by the person to be materially false, fictitious, or fraudulent under the laws of the State in which the election is held; or
(B) the procurement, casting, or tabulation of ballots that are known by the person to be materially false, fictitious, or fraudulent under the laws of the State in which the election is held,
shall be fined in accordance with title 18 (which fines shall be paid into the general fund of the Treasury, miscellaneous receipts (pursuant to section 3302 of title 31), notwithstanding any other law), or imprisoned not more than 5 years, or both.
(Pub. L. 103–31, § 12, May 20, 1993, 107 Stat. 88.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 1973gg–10 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20701 (VOTING AND ELECTIONS)
§ 20701. Retention and preservation of records and papers by officers of elections; deposit with custodian; penalty for violation
Every officer of election shall retain and preserve, for a period of twenty-two months from the date of any general, special, or primary election of which candidates for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Resident Commissioner from the Commonwealth of Puerto Rico are voted for, all records and papers which come into his possession relating to any application, registration, payment of poll tax, or other act requisite to voting in such election, except that, when required by law, such records and papers may be delivered to another officer of election and except that, if a State or the Commonwealth of Puerto Rico designates a custodian to retain and preserve these records and papers at a specified place, then such records and papers may be deposited with such custodian, and the duty to retain and preserve any record or paper so deposited shall devolve upon such custodian. Any officer of election or custodian who willfully fails to comply with this section shall be fined not more than $1,000 or imprisoned not more than one year, or both.
(Pub. L. 86–449, title III, § 301, May 6, 1960, 74 Stat. 88.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 1974 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20702 (VOTING AND ELECTIONS)
§ 20702. Theft, destruction, concealment, mutilation, or alteration of records or papers; penalties
Any person, whether or not an officer of election or custodian, who willfully steals, destroys, conceals, mutilates, or alters any record or paper required by section 20701 of this title to be retained and preserved shall be fined not more than $1,000 or imprisoned not more than one year, or both.
(Pub. L. 86–449, title III, § 302, May 6, 1960, 74 Stat. 88.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 1974a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20703 (VOTING AND ELECTIONS)
§ 20703. Demand for records or papers by Attorney General or representative; statement of basis and purpose
Any record or paper required by section 20701 of this title to be retained and preserved shall, upon demand in writing by the Attorney General or his representative directed to the person having custody, possession, or control of such record or paper, be made available for inspection, reproduction, and copying at the principal office of such custodian by the Attorney General or his representative. This demand shall contain a statement of the basis and the purpose therefor.
(Pub. L. 86–449, title III, § 303, May 6, 1960, 74 Stat. 88.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 1974b of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20704 (VOTING AND ELECTIONS)
§ 20704. Disclosure of records or papers
Unless otherwise ordered by a court of the United States, neither the Attorney General nor any employee of the Department of Justice, nor any other representative of the Attorney General, shall disclose any record or paper produced pursuant to this chapter, or any reproduction or copy, except to Congress and any committee thereof, governmental agencies, and in the presentation of any case or proceeding before any court or grand jury.
(Pub. L. 86–449, title III, § 304, May 6, 1960, 74 Stat. 88.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 1974c of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20705 (VOTING AND ELECTIONS)
§ 20705. Jurisdiction to compel production of records or papers
The United States district court for the district in which a demand is made pursuant to section 20703 of this title, or in which a record or paper so demanded is located, shall have jurisdiction by appropriate process to compel the production of such record or paper.
(Pub. L. 86–449, title III, § 305, May 6, 1960, 74 Stat. 88.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 1974d of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20706 (VOTING AND ELECTIONS)
§ 20706. “Officer of election” defined
As used in this chapter, the term “officer of election” means any person who, under color of any Federal, State, Commonwealth, or local law, statute, ordinance, regulation, authority, custom, or usage, performs or is authorized to perform any function, duty, or task in connection with any application, registration, payment of poll tax, or other act requisite to voting in any general, special, or primary election at which votes are cast for candidates for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Resident Commissioner from the Commonwealth of Puerto Rico.
(Pub. L. 86–449, title III, § 306, May 6, 1960, 74 Stat. 88.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 1974e of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20903 (VOTING AND ELECTIONS)
§ 20903. Guaranteed minimum payment amount
(a) In general
In addition to any other payments made under this subchapter, the Administrator shall make a payment to each State to which a payment is made under either section 20901 or 20902 of this title and with respect to which the aggregate amount paid under such sections is less than $5,000,000 in an amount equal to the difference between the aggregate amount paid to the State under sections 20901 and 20902 of this title and $5,000,000. In the case of the Commonwealth of Puerto Rico, Guam, American Samoa, and the United States Virgin Islands, the previous sentence shall be applied as if each reference to “$5,000,000” were a reference to “$1,000,000”.
(b) Pro rata reductions
The Administrator shall make such pro rata reductions to the amounts described in sections 20901(d) and 20902(c) of this title as are necessary to comply with the requirements of subsection (a).
(Pub. L. 107–252, title I, § 103, Oct. 29, 2002, 116 Stat. 1672.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 15303 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20904 (VOTING AND ELECTIONS)
§ 20904. Authorization of appropriations
(a) In general
There are authorized to be appropriated for payments under this subchapter $650,000,000, of which—
(1) 50 percent shall be for payments under section 20901 of this title; and
(2) 50 percent shall be for payments under section 20902 of this title.
(b) Continuing availability of funds after appropriation
Any payment made to a State under this subchapter shall be available to the State without fiscal year limitation (subject to subsection (c)(2)(B)).
(c) Use of returned funds and funds remaining unexpended for requirements payments
(1) In general
The amounts described in paragraph (2) shall be transferred to the Election Assistance Commission (established under subchapter II) and used by the Commission to make requirements payments under subpart 1 of part D of subchapter II.
(2) Amounts described
The amounts referred to in this paragraph are as follows:
(A) Any amounts paid to the Administrator by a State under section 20902(d)(1) of this title.
(B) Any amounts appropriated for payments under this subchapter which remain unobligated as of September 1, 2003.
(d) Deposit of amounts in State election fund
When a State has established an election fund described in section 21004(b) of this title, the State shall ensure that any funds provided to the State under this subchapter are deposited and maintained in such fund.
(e) Authorization of appropriations for Administrator
In addition to the amounts authorized under subsection (a), there are authorized to be appropriated to the Administrator such sums as may be necessary to administer the programs under this subchapter.
(Pub. L. 107–252, title I, § 104, Oct. 29, 2002, 116 Stat. 1672.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 15304 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20905 (VOTING AND ELECTIONS)
§ 20905. Administration of programs
In administering the programs under this subchapter, the Administrator shall take such actions as the Administrator considers appropriate to expedite the payment of funds to States.
(Pub. L. 107–252, title I, § 105, Oct. 29, 2002, 116 Stat. 1673.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 15305 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20906 (VOTING AND ELECTIONS)
§ 20906. Effective date
The Administrator shall implement the programs established under this subchapter in a manner that ensures that the Administrator is able to make payments under the program not later than the expiration of the 45-day period which begins on October 29, 2002.
(Pub. L. 107–252, title I, § 106, Oct. 29, 2002, 116 Stat. 1673.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 15306 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20921 (VOTING AND ELECTIONS)
§ 20921. Establishment
There is hereby established as an independent entity the Election Assistance Commission (hereafter in this subchapter referred to as the “Commission”), consisting of the members appointed under this subpart. Additionally, there is established the Election Assistance Commission Standards Board (including the Executive Board of such Board) and the Election Assistance Commission Board of Advisors under subpart 2 of this part (hereafter in this subpart referred to as the “Standards Board” and the “Board of Advisors”, respectively) and the Technical Guidelines Development Committee under subpart 3 of this part.
(Pub. L. 107–252, title II, § 201, Oct. 29, 2002, 116 Stat. 1673.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 15321 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.