52 U.S.C. § 20505 — Mail registration

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. Page 44 TITLE 52—VOTING AND ELECTIONS § 20506 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. CODIFICATION Section was formerly classified to section 1973gg–4 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20506. Voter registration agencies (a) Designation (1) Each State shall designate agencies for the registration of voters in elections for Federal of- fice. (2) Each State shall designate as voter reg- istration agencies— (A) all offices in the State that provide pub- lic assistance; and (B) all offices in the State that provide State-funded programs primarily engaged in providing services to persons with disabilities. (3)(A) In addition to voter registration agen- cies designated under paragraph (2), each State shall designate other offices within the State as voter registration agencies. (B) Voter registration agencies designated under subparagraph (A) may include— (i) State or local government offices such as public libraries, public schools, offices of city and county clerks (including marriage license bureaus), fishing and hunting license bureaus, government revenue offices, unemployment compensation offices, and offices not described in paragraph (2)(B) that provide services to persons with disabilities; and (ii) Federal and nongovernmental offices, with the agreement of such offices. (4)(A) At each voter registration agency, the following services shall be made available: (i) Distribution of mail voter registration application forms in accordance with para- graph (6). (ii) Assistance to applicants in completing voter registration application forms, unless the applicant refuses such assistance. (iii) Acceptance of completed voter registra- tion application forms for transmittal to the appropriate State election official. (B) If a voter registration agency designated under paragraph (2)(B) provides services to a person with a disability at the person’s home, the agency shall provide the services described in subparagraph (A) at the person’s home. (5) A person who provides service described in paragraph (4) shall not— (A) seek to influence an applicant’s political preference or party registration; (B) display any such political preference or party allegiance; (C) make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering to vote; or (D) make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a deci- sion to register or not to register has any bearing on the availability of services or bene- fits. (6) A voter registration agency that is an of- fice that provides service or assistance in addi- tion to conducting voter registration shall— (A) distribute with each application for such service or assistance, and with each recertifi- cation, renewal, or change of address form re- lating to such service or assistance— (i) the mail voter registration application form described in section 20508(a)(2) of this title, including a statement that— (I) specifies each eligibility requirement (including citizenship); (II) contains an attestation that the ap- plicant meets each such requirement; and (III) requires the signature of the appli- cant, under penalty of perjury; or (ii) the office’s own form if it is equivalent to the form described in section 20508(a)(2) of this title, unless the applicant, in writing, declines to register to vote; (B) provide a form that includes— (i) the question, ‘‘If you are not registered to vote where you live now, would you like to apply to register to vote here today?’’; (ii) if the agency provides public assist- ance, the statement, ‘‘Applying to register or declining to register to vote will not af- fect the amount of assistance that you will be provided by this agency.’’; (iii) boxes for the applicant to check to in- dicate whether the applicant would like to register or declines to register to vote (fail- ure to check either box being deemed to con- stitute a declination to register for purposes of subparagraph (C)), together with the statement (in close proximity to the boxes and in prominent type), ‘‘IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CON- SIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME.’’; (iv) the statement, ‘‘If you would like help in filling out the voter registration applica- tion form, we will help you. The decision whether to seek or accept help is yours. You may fill out the application form in pri- vate.’’; and (v) the statement, ‘‘If you believe that someone has interfered with your right to register or to decline to register to vote, your right to privacy in deciding whether to register or in applying to register to vote, or your right to choose your own political party or other political preference, you may file a complaint with lllll.’’, the blank being filled by the name, address, and tele- phone number of the appropriate official to whom such a complaint should be addressed; and (C) provide to each applicant who does not decline to register to vote the same degree of assistance with regard to the completion of the registration application form as is pro- vided by the office with regard to the comple- tion of its own forms, unless the applicant re- fuses such assistance. (7) No information relating to a declination to register to vote in connection with an applica- tion made at an office described in paragraph (6)