52 U.S.C. § 20504 — Simultaneous application for voter reg-

Page 42 TITLE 52—VOTING AND ELECTIONS § 20502 be legally possible to adopt and place into effect any amendments to the constitution of the State that are necessary to permit such compliance with this Act without requiring a special election; and ‘‘(2) with respect to any State not described in paragraph (1), on January 1, 1995.’’ PROOF OF CITIZENSHIP Pub. L. 104–132, title IX, § 902, Apr. 24, 1996, 110 Stat. 1317, provided that: ‘‘Notwithstanding any other provi- sion of law, a Federal, State, or local government agen- cy may not use a voter registration card (or other re- lated document) that evidences registration for an elec- tion for Federal office, as evidence to prove United States citizenship.’’ Similar provisions were contained in section 117 of H.R. 2076, One Hundred Fourth Congress, as passed by the House of Representatives on Dec. 6, 1995, and as en- acted 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. § 20502. Definitions As used in this chapter— (1) the term ‘‘election’’ has the meaning stated in section 30101(1) of this title; (2) the term ‘‘Federal office’’ has the mean- ing stated in section 30101(3) of this title; (3) the term ‘‘motor vehicle driver’s license’’ includes any personal identification document issued by a State motor vehicle authority; (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 20506(a)(1) of this title to perform voter reg- istration activities. (Pub. L. 103–31, § 3, May 20, 1993, 107 Stat. 77.) Editorial Notes CODIFICATION Section was formerly classified to section 1973gg–1 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20503. National procedures for voter registra- tion for elections for Federal office (a) In general Except as provided in subsection (b), notwith- standing any other Federal or State law, in ad- dition to any other method of voter registration provided for under State law, each State shall establish procedures to register to vote in elec- tions for Federal office— (1) by application made simultaneously with an application for a motor vehicle driver’s li- cense 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 nongovern- mental office designated under section 20506 of this title. (b) Nonapplicability to certain States This chapter does not apply to a State de- scribed in either or both of the following para- graphs: (1) A State in which, under law that is in ef- fect continuously on and after August 1, 1994, there is no voter registration requirement for any voter in the State with respect to an elec- tion for Federal office. (2) A State in which, under law that is in ef- fect 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.) Editorial Notes REFERENCES IN 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. CODIFICATION Section was formerly classified to section 1973gg–2 of Title 42, The Public Health and Welfare, prior to edi- torial 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. AMENDMENTS 1996—Subsec. (b). Pub. L. 104–91, as amended by Pub. L. 104–99, substituted ‘‘August 1, 1994’’ for ‘‘March 11, 1993’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Section 116(b) of H.R. 2076, One Hundred Fourth Con- gress, 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 in- cluded in the provisions of the National Voter Registra- tion Act of 1993 [Pub. L. 103–31, see Tables for classifica- tion].’’ § 20504. Simultaneous application for voter reg- istration 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 vehi- cle authority under State law shall serve as an application for voter registration with respect to elections for Federal office unless the appli- cant fails to sign the voter registration applica- tion. (2) An application for voter registration sub- mitted under paragraph (1) shall be considered as updating any previous voter registration by the applicant. (b) Limitation on use of information No information relating to the failure of an applicant for a State motor vehicle driver’s li- Page 43 TITLE 52—VOTING AND ELECTIONS § 20505 cense 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 registra- tion 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 driv- er’s license— (A) may not require any information that duplicates information required in the driver’s license portion of the form (other than a sec- ond 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 eligibility of the applicant and to admin- ister voter registration and other parts of the election process; (C) shall include a statement that— (i) states each eligibility requirement (in- cluding citizenship); (ii) contains an attestation that the appli- cant meets each such requirement; and (iii) requires the signature of the appli- cant, under penalty of perjury; (D) shall include, in print that is identical to that used in the attestation portion of the ap- plication— (i) the information required in section 20507(a)(5)(A) and (B) of this title; (ii) a statement that, if an applicant de- clines to register to vote, the fact that the applicant has declined to register will re- main 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 ap- plicant submits a voter registration applica- tion 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 offi- cial as provided by State law. (d) Change of address Any change of address form submitted in ac- cordance with State law for purposes of a State motor vehicle driver’s license shall serve as no- tification of change of address for voter registra- tion 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 trans- mitted to the appropriate State election official not later than 10 days after the date of accept- ance. (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. (Pub. L. 103–31, § 5, May 20, 1993, 107 Stat. 78.) Editorial Notes CODIFICATION Section was formerly classified to section 1973gg–3 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 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 registra- tion 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 vot- ers 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 ju- risdiction 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 bal- lot under the Uniformed and Overseas Citizens Absentee Voting Act [52 U.S.C. 20301 et seq.]; (B) who is provided the right to vote other- wise 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 pro- ceed in accordance with section 20507(d) of this title. (Pub. L. 103–31, § 6, May 20, 1993, 107 Stat. 79.) Editorial Notes REFERENCES IN TEXT The Uniformed and Overseas Citizens Absentee Vot- ing Act, referred to in subsec. (c)(2)(A), is Pub. L.