The constitutional framework for elections contemplates both state and federal roles. States are responsible for the administration of both their own elections and federal elections. They also regulate various aspects of the elections process, including, for example, ballot access, registration procedures, absentee voting requirements, establishment of polling places, provision of Election Day workers, and counting and certifying the vote. Although the states are responsible for running elections, Congress has authority to affect the administration of elections. Congress’ authority to regulate elections depends upon the type of election. With regard to federal elections, Congress has constitutional authority over both congressional and presidential elections. In addition, with respect to federal, state, and local elections, a number of constitutional amendments authorize Congress to enforce prohibitions against specific discriminatory acts. Under its various constitutional authorities, Congress has passed legislation regarding the administration of elections, including voter registration, voter registration list maintenance, and provisional voting. In 1993 Congress passed the National Voter Registration Act of 1993, also known as the “motor voter” law, to establish registration procedures designed, in part, to “increase the number of eligible citizens who register to vote in elections for Federal office. . . . protect the integrity of the electoral process. . . . ensure that accurate and current voter registration lists are maintained.” NVRA expanded the number of locations and opportunities for eligible citizens to apply to register to vote. Under NVRA, an eligible citizen conducting certain transactions at a motor vehicle agency—such as applying for, renewing, or changing the address on a driver’s license—can simultaneously apply to register to vote in elections for federal office or, if applicable, change the voter’s address. Also, various agencies, such as those involved in providing public assistance, U.S. armed forces recruitment offices, and offices in a state providing state-funded services to people with disabilities, must be designated as voter registration agencies. Each state may also designate other offices as voter registration agencies, such as public libraries, schools, offices of city and county governments, and unemployment compensation offices. In addition, NVRA requires states to accept and use a mail-in registration application developed by the Federal Election Commission. NVRA also outlined various requirements for the processing of registration forms and maintenance of voter registration lists for elections for federal office. Under NVRA, agencies designated as voter registration agencies, such as motor vehicle agencies, are to transmit completed voter registration forms to the appropriate state election officials not later than 10 days after the date of acceptance or, if accepted within 5 days before the end of the registration deadline for an election, the forms are to be transmitted not later than 5 days after acceptance. Also, under NVRA, the names of people who are registered to vote may not be removed from voter registration lists for federal elections except for the following reasons: upon written confirmation of a change of address outside the election jurisdiction; on the grounds that the voter has changed address to a location outside the election jurisdiction on the basis of change of address information from USPS, but only if there is also a failure to respond to confirmation mailings and a failure to vote in any election within two subsequent general federal elections; the request of the voter; the death of the voter; a criminal conviction, as provided by state law; and mental incapacity, as provided by state law. HAVA was enacted in October 2002 and, in addition to establishing requirements for provisional ballots for federal elections effective 2004, the law requires, in general, that individuals who registered by mail on or after January 1, 2003, and have not voted in a federal election beginning in 2004 in the state since registering to vote to show photo identification or another qualifying identification document when voting in person or by mail in a federal election. Under HAVA, the other qualifying documents that can be provided to show proof of identity and residency are a copy of a current utility bill, bank statement, government check, pay check, or other government document that shows the voter’s name and address. Voter registration is a prerequisite in nearly all voting jurisdictions and is based on state designated voter eligibility requirements. Ensuring that eligible persons are registered to vote is an ongoing challenge for election officials and is complicated by factors such as jurisdiction size, mobility of voters, and community diversity. Communities with large student or military populations must manage voters constantly moving in or out of a jurisdiction, and communities with diverse populations must handle substantial numbers of new citizens and face language challenges in communicating voter registration requirements. U.S. citizens who meet state voter eligibility requirements have numerous opportunities to register to vote and can do so by filling out and submitting applications by certain deadlines. States establish voting eligibility requirements that generally include that the voter is at least 18 years of age on the day of the election, a citizen of the United States, mentally competent, and meets state eligibility qualifications regarding felon status. In general, to register to vote, eligible citizens may apply at local election offices or at motor vehicle agencies and other agencies, such as public assistance agencies, covered by NVRA; by submitting applications to local election officials; or through registration drives sponsored by various groups, including political parties. Figure 1 illustrates some of the opportunities citizens have to apply to register to vote. Information commonly requested on applications to vote can include full name, address, citizenship status, and signature; other information requested may include date of birth, social security number, gender, race, and/or place of birth. Figures 2 and 3 provide sample registration forms from two of the jurisdictions we visited. Once an application is received and accepted, state and local jurisdictions compile registration applications into lists of registered voters. A citizen’s access to voting is based primarily on the appearance of his or her name on such a list. For votes cast absentee by mail (absentee voting), for votes cast in person prior to Election Day (early voting), and for votes cast at the polls on Election Day, election officials typically verify an individual’s eligibility using a list of registered voters or a poll book before allowing him or her to vote. Election officials also update and delete information from voter registration lists. However, NVRA’s provisions specifically prohibit removing a name from the voter registration list for a federal election solely for failure to vote or for a change of address to another location within the same election jurisdiction. In our survey of election officials, all but one of the jurisdictions reported that they faced challenges receiving and processing voter registration applications and that they took various steps to address them. Most of these challenges occurred with applications received from voter registration drives sponsored by non-governmental organizations. Election officials in half the jurisdictions also reported challenges checking voter registration applications for completeness, or for accuracy, or for duplicates. And when asked to what extent elections staff experienced challenges entering voter information into voter registration lists, 4 of 14 jurisdictions reported this as being a challenge, to some extent. Election officials reported taking steps to address these challenges by hiring extra staff, among other things. Over the past few years, our work and the work of others have found that challenges processing voter registration applications can result in eligible citizens not being registered to vote on Election Day. Our survey of election officials representing the 14 jurisdictions showed that staff in most of these offices reported challenges receiving voter registration applications from various organizations external to election offices and most of these challenges occurred with applications received from voter registration drives sponsored by non-governmental organizations. Citizens in the states and jurisdictions covered by our survey can register to vote with various organizations external to election offices. In all of the jurisdictions—except those in Wisconsin, which is exempt from NVRA because it permits voters to register at the polling place on Election Day—citizens can apply to register to vote at MVAs and other NVRA agencies. Also, as mentioned earlier, citizens can register to vote during registration drives sponsored by political parties. Applications from these organizations are then sent electronically, or by mail, or are hand-delivered to election offices. Figure 4 shows the extent of challenges encountered in the 14 jurisdictions as reported by the election officials representing those jurisdictions when receiving voter registration applications from voter registration drives sponsored by non- governmental organizations, MVAs, and other NVRA agencies. Election officials representing the 13 jurisdictions that reported experiencing challenges to some extent or to a great extent receiving applications responded that these challenges occurred for various reasons, such as incomplete or inaccurate information on voter registration applications or applications that were received close to or after the registration deadline. In the states and 14 jurisdictions we selected for our review, deadlines for submitting applications to vote varied by state, as specified by state statute. In five of the seven states—Arizona, Michigan, New York, Texas, and Virginia—registration applications were to be received at the election office about 1 month before the election. In one state, California, citizens could register 15 days before the election. In Wisconsin, which allows “same-day registration,” eligible citizens with required identification can register to vote at the polling place on the day of the election. Election officials also reported that they took a variety of steps to try to address the challenges they encountered, including contacting individual voters to resolve issues with incomplete or inaccurate information, adding staff to handle the volume of applications received near registration deadlines, and offering training to organizations sponsoring voter registration drives. (App. III discusses in greater detail responses to our survey with regard to receiving applications from external organizations.) Election officials representing 7 of the 14 jurisdictions also reported that their staff experienced challenges, to some extent or a great extent, checking voter registration applications for completeness, accuracy, or duplicates. During interviews we conducted prior to the November 2004 election, state and local election officials told us that they take specific steps to check voter registration applications before entering voter information into voter registration lists. All of the officials told us that they check applications for completeness before entering voter information into voter registration lists, and with regard to accuracy, took steps to verify eligibility when an applicant applies to register.