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Long title | An Act to establish national voter registration procedures for Federal elections, and for other purposes. |
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Acronyms (colloquial) | NVRA |
Nicknames | National Voter Registration Act, Motor Voter |
Enacted by | the 103rd United States Congress |
Effective | January 1, 1995 |
Citations | |
Public law | 103-31 |
Statutes at Large | 107 Stat. 77 |
Codification | |
Titles amended | Title 52—Voting and Elections [a] |
U.S.C. sections created | 52 U.S.C. §§ 20501–20511 [b] |
Legislative history | |
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United States Supreme Court cases | |
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Part of the Politics series |
Voting |
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Politicsportal |
The National Voter Registration Act of 1993 (NVRA), also known as the Motor Voter Act, is a United States federal law signed into law by President Bill Clinton on May 20, 1993, that came into effect on January 1, 1995. [1] The law was enacted under the Elections Clause of the United States Constitution and advances voting rights in the United States by requiring state governments to offer simplified voter registration processes for any eligible person who applies for or renews a driver's license or applies for public assistance, and requiring the United States Postal Service to mail election materials of a state as if the state is a nonprofit. [2] The law requires states to register applicants that use a federal voter registration form, and prohibits states from removing registered voters from the voter rolls unless certain criteria are met.
The act exempts from its requirements states that have continuously since August 1, 1994 not required voter registration for federal elections or offered election day registration (EDR) for federal general elections. [3] Six states qualify for the exemption: North Dakota, which does not require registration, and Idaho, Minnesota, New Hampshire, Wisconsin and Wyoming because of the EDR exemption. [4] : 444 While some have recently asserted that Maine lost the exemption when it abolished EDR in 2011 (which it subsequently restored), Maine has never considered itself exempt from the act. [5] [6] [7]
After Congress enacted the Voting Rights Act of 1965 to address rampant voting discrimination against racial minorities, voting rights advocates argued for federal legislation to remove other barriers to voter registration in the United States. In the early 1970s, Congress considered several proposals to require the U.S. Census Bureau to mail voter registration forms to every household, none of which passed. In the mid and late 1970s, proposals to require certain public agency offices to make voter registration forms available and to require states to allow Election Day voter registration failed. [8] : 1–2
Congress passed two pieces of legislation in the 1980s that made voter registration for federal elections more accessible for certain disadvantaged populations. The Voting Accessibility for the Elderly and Handicapped Act of 1984 requires states to make available to elderly and disabled voters "a reasonable number of accessible permanent registration facilities" and registration aids. The Uniformed and Overseas Citizens Absentee Voting Act of 1986 requires states to mail federal voter registration forms to overseas and military voters and permit them to register by mail. [8] : 2
In the light of low voter turnout in federal elections in the 1980s, Congress returned its attention to creating general voter registration standards in the late 1980s and early 1990s. Member of Congress introduced a series of "motor voter" bills to require state motor vehicle agencies to offer voter registration opportunities to persons applying for a driver's license. The first of these bills, the proposed National Voter Registration Act of 1989, passed in the House of Representatives with bipartisan support, but failed to pass in the Senate. A similar bill in 1991 [Introduced by Congressman Al Swift] gained less bipartisan support; it passed in both the Senate and the House but was vetoed by President George H. W. Bush. Two years later, Congress passed a nearly identical bill: the National Voter Registration Act of 1993. [8] : 2–3 [9] : 91–94
The act formally applies only to federal elections. However, because states have unified their voter registration systems for state and federal elections, the provisions functionally apply to both federal and state elections. [10] : 5–6
The act exempts from its requirements states that have continuously, since 1 August 1994, not required voter registration for federal elections or offered election day registration (EDR) for federal general elections. [3] Six states qualify for exemption from the act: North Dakota, which does not require registration, while Idaho, Minnesota, New Hampshire, Wisconsin and Wyoming because of the EDR exemption. [4] (Maine lost the exemption when it abolished EDR in 2011, although EDR was subsequently restored in that state.[ citation needed ] Several states have since August 1994 adopted some form of EDR, but these states are nevertheless subject to the act.)
The NVRA requires States to "accept and use" a uniform federal form to register voters for federal elections. [11] The National Mail Voter Registration Form (commonly referred to as the "Federal Form") was developed by the Federal Election Commission (FEC), but an amendment in the Help America Vote Act of 2002 transferred the FEC's responsibilities under the NVRA to the Election Assistance Commission (EAC). The federal form can be used by voter registration applicants as an alternative to state voter registration forms. The federal form requires that an applicant say, under penalty of perjury, various matters including that he or she is a citizen.
Between 2004 and 2013, Arizona required voter-registration officials to "reject" any application for registration, including a federal form, that was not accompanied by documentary proof of citizenship, such as a birth certificate. A group of Arizona residents and a group of nonprofit organizations challenged this Arizona law in federal court. The District Court ruled in favour of the Arizona law. The Ninth Circuit reversed, holding that the state's documentary proof-of-citizenship requirement was disallowed by the federal act. [12] On June 17, 2013, the United States Supreme Court ruled against Arizona in Arizona v. Inter Tribal Council of Ariz., Inc. (2013). In a 7–2 decision written by Justice Antonin Scalia, the court held that the NVRA's mandate that states "accept and use" the federal form disallowed Arizona's documentary proof-of-citizenship requirement. [12]
Section 5 of the act requires state motor vehicle offices to provide an opportunity for voter registration to anyone at the same time that they apply for a new or renewed driver's license or state identification card, and to require the state to forward the completed application to the appropriate state or local election official.
The act reduces costs to the state of voter registration by accumulating individual data when applying for a drivers license or receiving social assistance. [13] The "motor voter" nickname came from the idea that most of the NVRA data was accumulated from applicants renewing or obtaining driver's licenses. [13]
Section 7 of the act requires state agencies that provide public assistance –including those that administer federal assistance programs, such as food stamps, Medicaid, TANF, and WIC, and disability offices –to assist their applicants and clients in registering to vote during the application process. [14] Each applicant for any of these services, renewal of services, or address changes must be provided with a voter registration form as well as assistance in completing the form and forwarding the completed application to the appropriate State or local election official.
The Federal Voting Assistance Program (FVAP) is responsible for administering NVRA for U.S. citizens abroad. FVAP allows eligible citizens to register to vote at 6,000 Armed Forces recruitment offices nationwide. [15]
Section 6 of the act allows voter registration applicants to submit their voter registration forms by mail. [16] It provides that citizens can register to vote by mail using mail-in-forms developed by each state and the Election Assistance Commission.
In 2004, the Nu Mu Lambda chapter of Alpha Phi Alpha fraternity held a voter registration drive in DeKalb County, Georgia, from which Georgia secretary of state Cathy Cox (Dem.) rejected all 63 voter registration applications on the basis that the fraternity did not follow correct procedures, including obtaining specific pre-clearance from the state to conduct their drive. Nu Mu Lambda filed Charles H. Wesley Education Foundation v. Cathy Cox (Wesley v. Cox) on the basis that Georgia's long-standing policy and practice of rejecting mail-in voter registration applications that were submitted in bundles, by persons other than registrars, deputy registrars, or "authorized persons", violated the requirements of the National Voter Registration Act by undermining voter registration drives. A senior U.S. district judge upheld earlier federal court decisions in the case, which also found private entities have a right, under the federal law, to engage in organized voter registration activity in Georgia at times and locations of their choosing, without the presence or permission of state or local election officials. [17]
Section 8 of the act sets out requirements for how states maintain voter registration lists for federal elections. The act deems as timely those valid voter registration applications by eligible applicants submitted to designated state and local officials, or postmarked if submitted by mail, at least 30 days before a federal election. The act also requires the notification of all applicants of whether their voter registration applications were accepted or rejected.
The act requires states to keep voter registration lists accurate and current, such as identifying persons who have become ineligible due to having died or moved outside the jurisdiction. At the same time, the act requires list maintenance programs to incorporate specific safeguards, e.g., they must be uniform, non-discriminatory, in compliance with the Voting Rights Act, and not be undertaken within 90 days of a federal election.
The removal of voters for non-voting or for having moved can only be done after meeting the requirements set out in the act. Voters can be removed from registration lists when they have been convicted of a disqualifying crime or adjudged mentally incapacitated, where such removals are allowed by state law. The NVRA also provides additional safeguards under which registered voters would be able to vote notwithstanding a change in address in certain circumstances, such as when a voter has move within a district or a precinct will retain the right to vote even if they have not re-registered at their new address.
Voting rights organizations have argued that many states have not been complying with the NVRA. In several states, organizations such as Demos, Project Vote, Campaign Legal Center [18] and Lawyers' Committee for Civil Rights Under Law have filed lawsuits or sent pre-litigation letters. In some of these cases, this has resulted in changes in compliance. [14] [19] [20]
The Voting Rights Act of 1965 is a landmark piece of federal legislation in the United States that prohibits racial discrimination in voting. It was signed into law by President Lyndon B. Johnson during the height of the civil rights movement on August 6, 1965, and Congress later amended the Act five times to expand its protections. Designed to enforce the voting rights protected by the Fourteenth and Fifteenth Amendments to the United States Constitution, the Act sought to secure the right to vote for racial minorities throughout the country, especially in the South. According to the U.S. Department of Justice, the Act is considered to be the most effective piece of federal civil rights legislation ever enacted in the country. The National Archives and Records Administration stated: "The Voting Rights Act of 1965 was the most significant statutory change in the relationship between the federal and state governments in the area of voting since the Reconstruction period following the Civil War".
A grandfather clause, also known as grandfather policy, grandfathering, or being grandfathered in, is a provision in which an old rule continues to apply to some existing situations while a new rule will apply to all future cases. Those exempt from the new rule are said to have grandfather rights or acquired rights, or to have been grandfathered in. Frequently, the exemption is limited, as it may extend for a set time, or it may be lost under certain circumstances; for example, a grandfathered power plant might be exempt from new, more restrictive pollution laws, but the exception may be revoked and the new rules would apply if the plant were expanded. Often, such a provision is used as a compromise or out of practicality, to allow new rules to be enacted without upsetting a well-established logistical or political situation. This extends the idea of a rule not being retroactively applied.
The Help America Vote Act of 2002, or HAVA, is a United States federal law which passed in the House 357-48 and 92–2 in the Senate and was signed into law by President George W. Bush on October 29, 2002. The bill was drafted in reaction to the controversy surrounding the 2000 U.S. presidential election, when almost two million ballots were disqualified because they registered multiple votes or no votes when run through vote-counting machines.
The Election Assistance Commission (EAC) is an independent agency of the United States government created by the Help America Vote Act of 2002 (HAVA). The Commission serves as a national clearinghouse and resource of information regarding election administration. It is charged with administering payments to states and developing guidance to meet HAVA requirements, adopting voluntary voting system guidelines, and accrediting voting system test laboratories and certifying voting equipment. It is also charged with developing and maintaining a national mail voter registration form.
Voting rights, specifically enfranchisement and disenfranchisement of different groups, have been a moral and political issue throughout United States history.
In the politics of the United States, elections are held for government officials at the federal, state, and local levels. At the federal level, the nation's head of state, the president, is elected indirectly by the people of each state, through an Electoral College. Today, these electors almost always vote with the popular vote of their state. All members of the federal legislature, the Congress, are directly elected by the people of each state. There are many elected offices at state level, each state having at least an elective governor and legislature. There are also elected offices at the local level, in counties, cities, towns, townships, boroughs, and villages; as well as for special districts and school districts which may transcend county and municipal boundaries.
In electoral systems, voter registration is the requirement that a person otherwise eligible to vote must register on an electoral roll, which is usually a prerequisite for being entitled or permitted to vote.
In elections in the United States, a provisional ballot is used to record a vote when there are questions about a given voter's eligibility that must be resolved before the vote can count. The federal Help America Vote Act of 2002 guarantees that, in most states, the voter can cast a provisional ballot if the voter states that they are entitled to vote.
Proposition 200, the "Arizona Taxpayer and Citizen Protection Act", was an Arizona state initiative passed in 2004 that basically requires: (a) persons to provide proof of citizenship to register to vote; (b) voters to present a photo identification before receiving a ballot at the polling place; and (c) state and local agencies to verify the identity and eligibility, based on immigration status, of applicants for non-federally mandated public benefits. The proposition also makes it a misdemeanor for public officials to fail to report violations of U.S. immigration law by applicants for those public benefits and permits private lawsuits by any resident to enforce its provisions related to public benefits. The requirement to provide proof of citizenship to register to vote was later ruled invalid in federal court.
All U.S. states and territories, except North Dakota, require voter registration by eligible citizens before they can vote in federal, state and local elections. In North Dakota, cities in the state may register voters for city elections, and in other cases voters must provide identification and proof of entitlement to vote at the polling place before being permitted to vote. Voter registration takes place at the county level in many states or at the municipal level in several states. Many states set cutoff dates for registration or to update details, ranging from two to four weeks before an election, while 25 states and Washington, D.C. have same-day voter registration, which enables eligible citizens to register or update their registration on the same day they cast their vote. In states that permit early voting, and have voter registration, the prospective voter must be registered before casting a vote.
The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), P.L. 99-410, 52 U.S.C. §§ 20301–20311, 39 U.S.C. § 3406, 18 U.S.C. §§ 608–609, is a United States federal law dealing with elections and voting rights for United States citizens residing overseas. The act requires that all U.S. states, the District of Columbia, Puerto Rico, Guam, American Samoa, and the U.S. Virgin Islands allow certain U.S. citizens to register to vote and to vote by absentee ballot in federal elections. The act is Public Law 99-410 and was signed into law by President Ronald Reagan on August 28, 1986.
The Federal Voting Assistance Program (FVAP) is a voter assistance and education program established by the United States Department of Defense (DoD) in accordance with federal law to ensure that members of the U.S. armed forces, their eligible family members, and U.S. citizens overseas are aware of their right to vote and have the tools to do so from the country where they are residing.
The Voting Accessibility for the Elderly and Handicapped Act (VAEHA) P.L. 98-435, 42 U.S.C. §§ 1973ee–1973ee-6, is a United States law passed in 1984 that mandates easy access for handicapped and elderly person to voter registration and polling places during Federal elections. The law also mandates registration and voting aids, such as printing instructions in large font.
Shelby County v. Holder, 570 U.S. 529 (2013), is a landmark decision of the Supreme Court of the United States regarding the constitutionality of two provisions of the Voting Rights Act of 1965: Section 5, which requires certain states and local governments to obtain federal preclearance before implementing any changes to their voting laws or practices; and subsection (b) of Section 4, which contains the coverage formula that determines which jurisdictions are subject to preclearance based on their histories of racial discrimination in voting.
Arizona v. Inter Tribal Council of Arizona, Inc., 570 U.S. 1 (2013), is a 2012-term United States Supreme Court case revolving around Arizona's unique voter registration requirements, including the necessity of providing documentary proof of citizenship. In a 7–2 decision, the Supreme Court held that Arizona's registration requirements were unlawful because they were preempted by federal voting laws.
Voter suppression in the United States consists of various legal and illegal efforts to prevent eligible citizens from exercising their right to vote. Such voter suppression efforts vary by state, local government, precinct, and election. Voter suppression has historically been used for racial, economic, gender, age and disability discrimination. After the American Civil War, all African-American men were granted voting rights, but poll taxes or language tests were used to limit and suppress the ability to register or cast a ballot. The Civil Rights Act of 1964 and the Voting Rights Act of 1965 improved voting access. Since the beginning of voter suppression efforts, proponents of these laws have cited concerns over electoral integrity as a justification for various restrictions and requirements, while opponents argue that these constitute bad faith given the lack of voter fraud evidence in the United States.
The Freedom to Vote Act, introduced as H.R. 1, is a bill in the United States Congress intended to expand voting rights, change campaign finance laws to reduce the influence of money in politics, ban partisan gerrymandering, and create new ethics rules for federal officeholders.
In Australia, voter registration is called enrolment. Enrolment is a prerequisite for voting at federal elections, by-elections and referendums, as well as all state and local government elections; and it is generally compulsory for enrolled persons to vote unless otherwise exempted or excused. Enrolment is compulsory for Australian citizens over 18 years of age who have lived at their current address for at least one month. Enrolment is not compulsory for persons with no fixed address who are not already enrolled. Residents in Australia who had been enrolled as British subjects on 25 January 1984, though not Australian citizens, continue to be enrolled, and cannot opt out of enrolment. For local government elections, an elector generally does not require to be an Australian citizen. Once enrolled, a person cannot opt out of enrolment. Enrolment is optional for 16- or 17-year-olds, but they cannot vote until they turn 18, and persons who have applied for Australian citizenship may also apply for provisional enrolment which takes effect on the granting of citizenship.
Following the 2020 United States presidential election and the unsuccessful attempts by Donald Trump and various other Republican officials to overturn it, Republican lawmakers initiated a sweeping effort to make voting laws more restrictive within several states across the country. According to the Brennan Center for Justice, as of October 4, 2021, more than 425 bills that would restrict voting access have been introduced in 49 states—with 33 of these bills enacted across 19 states so far. The bills are largely centered around limiting mail-in voting, strengthening voter ID laws, shortening early voting, eliminating automatic and same-day voter registration, curbing the use of ballot drop boxes, and allowing for increased purging of voter rolls. Republicans in at least eight states have also introduced bills that would give lawmakers greater power over election administration after they were unsuccessful in their attempts to overturn election results in swing states won by Democratic candidate Joe Biden in the 2020 election. The efforts garnered press attention and public outrage from Democrats, and by 2023 Republicans had adopted a more "under the radar" approach to achieve their goals.
Florida Senate Bill 90 is a law in the state of Florida which amends the state's election law.
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