52 U.S.C. § 20507 — Requirements with respect to administration of voter registration
submitted 33 years ago by Pub. L. 103-31 to r/title-52-VOTING-AND-ELECTIONS · 2,145 words · no verdicts yet
States must register eligible voters on time no matter how they applied, notify applicants what happened to their application, and can only remove people from voter rolls for specific reasons like death, moving, request, or a legal disqualification, never just for not voting. States must follow careful notice-and-wait procedures before removing someone for moving, and must keep records of these programs for public inspection.
(a) In general. Each state* must:
(1) make sure any eligible applicant gets registered in time for an election*, the deadline depends on how they applied: through a motor vehicle office (section 20504), the form must reach the motor vehicle authority by the earlier of 30 days before the election or the state's own deadline; by mail (section 20505), the form must be postmarked by that same deadline; at a voter registration agency* (section 20506), the form must be accepted by that agency by that deadline; and in any other case, the state election official must receive the form by that deadline;
(2) require the state election official to notify each applicant what happened to their application;
(3) not remove anyone's name from the voter rolls except: at the registrant's own request; because state law says a criminal conviction or mental incapacity disqualifies them; or under the removal program described in (4);
(4) run a reasonable program to remove ineligible voters from the rolls because they died or moved, following the procedures in subsections (b), (c), and (d);
(5) tell applicants under sections 20504, 20505, and 20506 about voter eligibility rules and the penalties for submitting a false registration; and
(6) keep secret, from the public, which voter registration agency any particular voter registered through.
(b) Confirmation of voter registration. Any state program meant to keep the voter rolls accurate must be applied the same way to everyone, must not discriminate, and must comply with the Voting Rights Act of 1965. It cannot remove someone from the rolls just because they didn't vote. But a state can still use the notice-and-wait procedures in (c) and (d) to remove someone who has neither notified the applicable registrar in person or in writing nor responded, during the required period, to the notice sent by the applicable registrar, and then has not voted or appeared to vote in two or more consecutive general elections for Federal office*.
(c) Voter removal programs. A state can satisfy the removal requirement in (a)(4) by: using Postal Service change-of-address data to spot registrants who may have moved; if a registrant moved within the same registrar's jurisdiction, updating their address and sending a forwardable notice with a postage-paid return card to confirm or correct it; and if a registrant moved to a different jurisdiction, using the confirmation-notice procedure in (d)(2). Any program meant to systematically purge ineligible names must be finished at least 90 days before a federal primary or general election, though that deadline doesn't stop the state from removing someone under the other listed grounds (death, request, disqualification), or from fixing registration records under this chapter.
(d) Removal of names from voting rolls. A state can't remove someone for supposedly changing residence unless the registrant either confirms in writing that they moved outside the registrar's jurisdiction, or both failed to respond to the confirmation notice described below and failed to vote (or fix their address) during the period from that notice through the day after the second federal general election after it. The confirmation notice must be a postage-paid, pre-addressed, forwardable return card, telling the registrant: if they didn't move, or moved but stayed in the jurisdiction, to return the card by the mail-registration deadline, warning that if they don't return it, they may need to confirm their address before voting during that same two-election window, and that not voting during that window means removal; and if they moved outside the jurisdiction, how to stay eligible to vote. Registrars must update the official voter list based on any change-of-address information gathered this way.
(e) Procedure for voting following failure to return card. Someone who moved within the same polling place's area can still vote there, just by confirming the new address orally or in writing to an election official, even if they never notified the registrar in advance. Someone who moved to a different polling place within the same registrar's jurisdiction and congressional district, and didn't notify the registrar in advance, can choose to: vote at their old polling place after confirming the new address there; vote at a central location in the jurisdiction after confirming the new address in writing; or fix their records for future elections at their new polling place, and, if state law allows, vote in the current election after confirming the address as required by law. If state law lets someone vote in the current election just by confirming their address at a polling place, the state doesn't have to offer these other options too. And if records show someone moved within a polling place's own area, they can still vote there just by confirming to an election official that they still live at the address the registrar has on file.
(f) Change of voting address within a jurisdiction. If a registrant moves to another address within the same registrar's jurisdiction, the registrar must update the voter list accordingly, and the registrant can't be removed for that move except as allowed under (d).
(g) Conviction in Federal court. When someone is convicted of a felony in federal district court, the U.S. Attorney must give written notice of the conviction to the state's chief election official (designated under section 20509) where the person lives. That notice must include the offender's name, age, home address, the date judgment was entered, a description of the offenses, and the sentence. If the state's chief election official, or another responsible state official, asks, the U.S. Attorney must provide more information about the offender and offense. If a reported conviction is later overturned, the U.S. Attorney must notify the official who got the original notice. The chief state election official must pass this information along to the local voter registration officials where the offender lives.
(h) Omitted.
(i) Public disclosure of voter registration activities. States must keep, for at least two years, and make available for public inspection (and photocopying at reasonable cost) all records about programs meant to keep the voter rolls accurate and current, except records about someone declining to register, or about which agency registered a particular voter. These records must include the names and addresses of everyone sent a confirmation notice under (d)(2), and whether each person responded, as of the date someone inspects the records.
(j) "Registrar's jurisdiction" defined. In this section, "registrar's jurisdiction" means: an incorporated city, town, borough, or similar municipality; if a county, parish, or similar larger government unit maintains voter registration, the area that unit governs; or if registration is maintained jointly for more than one municipality or unit by one office that does all the registrar's jobs, the combined area of those municipalities or units.
In the administration of voter registration for elections for Federal office*, each State* shall—
ensure that any eligible applicant is registered to vote in an election*—
in the case of registration with a motor vehicle application under section 20504 of this title, 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;
in the case of registration by mail under section 20505 of this title, 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;
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
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;
require the appropriate State election official to send notice to each applicant of the disposition of the application;
provide that the name of a registrant may not be removed from the official list of eligible voters except—
at the request of the registrant;
as provided by State law, by reason of criminal conviction or mental incapacity; or
as provided under paragraph (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—
the death of the registrant; or
a change in the residence of the registrant, in accordance with subsections (b), (c), and (d);
inform applicants under sections 20504, 20505, and 20506 of this title of—
voter eligibility requirements; and
penalties provided by law for submission of a false voter registration application; and
ensure that the identity of the voter registration agency through which any particular voter is registered is not disclosed to the public.
Any State program 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—
shall be uniform, nondiscriminatory, and in compliance with the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) [now 52 U.S.C. 10301 et seq.]; and
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, except that nothing in this paragraph may be construed to prohibit a State from using the procedures described in subsections (c) and (d) to remove an individual from the official list of eligible voters if the individual—
has not either notified the applicable registrar (in person or in writing) or responded during the period described in subparagraph (B) to the notice sent by the applicable registrar; and then
has not voted or appeared to vote in 2 or more consecutive general elections for Federal office.
A State may meet the requirement of subsection (a)(4) by establishing a program under which—
change-of-address information supplied by the Postal Service through its licensees is used to identify registrants whose addresses may have changed; and
if it appears from information provided by the Postal Service that—
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 the registrant may verify or correct the address information; or
the registrant has moved to a different residence address not in the same registrar’s jurisdiction, the registrar uses the notice procedure described in subsection (d)(2) to confirm the change of address.
A State shall complete, not later than 90 days prior to the date of a primary or general election for Federal office, any program the purpose of which is to systematically remove the names of ineligible voters from the official lists of eligible voters.
Subparagraph (A) shall not be construed to preclude—
the removal of names from official lists of voters on a basis described in paragraph (3)(A) or (B) or (4)(A) of subsection (a); or
correction of registration records pursuant to this chapter.
A State shall not remove the name of a registrant from the official list of eligible voters in elections for Federal office on the ground that the registrant has changed residence unless the registrant—
confirms in writing that the registrant has changed residence to a place outside the registrar’s jurisdiction in which the registrant is registered; or
has failed to respond to a notice described in paragraph (2); and
has not voted or appeared to vote (and, if necessary, correct the registrar’s record of the registrant’s address) in an election during the period beginning on the date of the notice and ending on the day after the date of the second general election for Federal office that occurs after the date of the notice.
A notice is described in this paragraph if it is a postage prepaid and pre-addressed return card, sent by forwardable mail, on which the registrant may state his or her current address, together with a notice to the following effect:
If the registrant did not change his or her residence, or changed residence but remained in the registrar’s jurisdiction, the registrant should return the card not later than the time provided for mail registration under subsection (a)(1)(B). If the card is not returned, affirmation or confirmation of the registrant’s address may be required before the registrant is permitted to vote in a Federal election during the period beginning on the date of the notice and ending on the day after the date of the second general election for Federal office that occurs after the date of the notice, and if the registrant does not vote in an election during that period the registrant’s name will be removed from the list of eligible voters.
If the registrant has changed residence to a place outside the registrar’s jurisdiction in which the registrant is registered, information concerning how the registrant can continue to be eligible to vote.
A voting registrar shall correct an official list of eligible voters in elections for Federal office in accordance with change of residence information obtained in conformance with this subsection.
A registrant who has moved from an address in the area covered by a polling place to an address in the same area shall, notwithstanding failure to notify the registrar of the change of address prior to the date of an election, be permitted to vote at that polling place upon oral or written affirmation by the registrant of the change of address before an election official at that polling place.
A registrant who has moved from an address in the area covered by one polling place to an address in an area covered by a second polling place within the same registrar’s jurisdiction and the same congressional district and who has failed to notify the registrar of the change of address prior to the date of an election, at the option of the registrant—
shall be permitted to correct the voting records and vote at the registrant’s former polling place, upon oral or written affirmation by the registrant of the new address before an election official at that polling place; or
shall be permitted to correct the voting records and vote at a central location within the same registrar’s jurisdiction designated by the registrar where a list of eligible voters is maintained, upon written affirmation by the registrant of the new address on a standard form provided by the registrar at the central location; or
shall be permitted to correct the voting records for purposes of voting in future elections at the appropriate polling place for the current address and, if permitted by State law, shall be permitted to vote in the present election, upon confirmation by the registrant of the new address by such means as are required by law.
If State law permits the registrant to vote in the current election upon oral or written affirmation by the registrant of the new address at a polling place described in subparagraph (A)(i) or (A)(ii)(II), voting at the other locations described in subparagraph (A) need not be provided as options.
If the registration records indicate that a registrant has moved from an address in the area covered by a polling place, the registrant shall, upon oral or written affirmation by the registrant before an election official at that polling place that the registrant continues to reside at the address previously made known to the registrar, be permitted to vote at that polling place.
In the case of a change of address, for voting purposes, of a registrant to another address within the same registrar’s jurisdiction, the registrar shall correct the voting registration list accordingly, and the registrant’s name may not be removed from the official list of eligible voters by reason of such a change of address except as provided in subsection (d).
On the conviction of a person of a felony in a district court of the United States, the United States attorney shall give written notice of the conviction to the chief State election official designated under section 20509 of this title of the State of the person’s residence.
A notice given pursuant to paragraph (1) shall include—
the name of the offender;
the offender’s age and residence address;
the date of entry of the judgment;
a description of the offenses of which the offender was convicted; and
the sentence imposed by the court.
On request of the chief State election official of a State or other State official with responsibility for determining the effect that a conviction may have on an offender’s qualification to vote, the United States attorney shall provide such additional information as the United States attorney may have concerning the offender and the offense of which the offender was convicted.
If a conviction of which notice was given pursuant to paragraph (1) is overturned, the United States attorney shall give the official to whom the notice was given written notice of the vacation of the judgment.
The chief State election official shall notify the voter registration officials of the local jurisdiction in which an offender resides of the information received under this subsection.
Each State shall maintain for at least 2 years and shall make available for public inspection and, where available, photocopying at a reasonable cost, all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters, except to the extent that such records relate to a declination to register to vote or to the identity of a voter registration agency through which any particular voter is registered.
The records maintained pursuant to paragraph (1) shall include lists of the names and addresses of all persons to whom notices described in subsection (d)(2) are sent, and information concerning whether or not each such person has responded to the notice as of the date that inspection of the records is made.
For the purposes of this section, the term “registrar’s jurisdiction” means—
an incorporated city, town, borough, or other form of municipality;
if voter registration is maintained by a county, parish, or other unit of government that governs a larger geographic area than a municipality, the geographic area governed by that unit of government; or
if voter registration is maintained on a consolidated basis for more than one municipality or other unit of government by an office that performs all of the functions of a voting registrar, the geographic area of the consolidated municipalities or other geographic units.
Source credit: (Pub. L. 103–31, § 8, May 20, 1993, 107 Stat. 82; Pub. L. 107–252, title IX, § 903, Oct. 29, 2002, 116 Stat. 1728.)
- 1993Enacted · Pub. L. 103-31 · 107 Stat. 82
- 2002Amended · Pub. L. 107-252 · 116 Stat. 1728
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-31 on 1993-05-20.
all 0 arguments · sorted by: best
no arguments yet — make the first case