52 U.S.C. § 20506 — Voter registration agencies

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) Page 45 TITLE 52—VOTING AND ELECTIONS § 20507 may be used for any purpose other than voter registration. (b) Federal Government and private sector co- operation All departments, agencies, and other entities of the executive branch of the Federal Govern- ment shall, to the greatest extent practicable, cooperate with the States in carrying out sub- section (a), and all nongovernmental entities are encouraged to do so. (c) Armed Forces recruitment offices (1) Each State and the Secretary of Defense shall jointly develop and implement procedures for persons to apply to register to vote at re- cruitment offices of the Armed Forces of the United States. (2) A recruitment office of the Armed Forces of the United States shall be considered to be a voter registration agency designated under sub- section (a)(2) for all purposes of this chapter. (d) Transmittal deadline (1) Subject to paragraph (2), a completed reg- istration application accepted at a voter reg- istration agency shall be transmitted to the ap- propriate State election official not later than 10 days after the date of acceptance. (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, § 7, May 20, 1993, 107 Stat. 80.) Editorial Notes CODIFICATION Section was formerly classified to section 1973gg–5 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Executive Documents EX. ORD. NO. 12926. IMPLEMENTATION OF NATIONAL VOTER REGISTRATION ACT OF 1993 Ex. Ord. No. 12926, Sept. 12, 1994, 59 F.R. 47227, as amended by Ex. Ord. No. 14019, § 4(a), Mar. 7, 2021, 86 F.R. 13624, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, and in order to ensure, as required by section 7(b) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg [sic]) [52 U.S.C. 20506(b)] (‘‘the Act’’), that departments, agencies, and other entities of the execu- tive branch of the Federal Government cooperate with the States in carrying out the Act’s requirements, it is hereby ordered as follows: SECTION 1. Assistance to States. To the greatest extent practicable, departments, agencies, and other entities of the executive branch of the Federal Government that provide, in whole or in part, funding, grants, or as- sistance for, or with respect to the administration of, any program of public assistance or services to persons with disabilities within the meaning of section 7(a) of the Act shall: (a) provide, to State agencies admin- istering any such program, guidance for the implemen- tation of the requirements of section 7 of the Act, in- cluding guidance for use and distribution of voter reg- istration forms in connection with applications for service; (b) assist each such State agency administering any such program with the costs of implementation of the Act [52 U.S.C. 20501 et seq.], consistent with legal au- thority and the availability of funds, and promptly in- dicate to each State agency the extent to which such assistance will be made available; and (c) designate an office or staff to be available to pro- vide technical assistance to such State agencies. SEC. 2. Armed Forces Recruitment Offices. The Sec- retary of Defense is directed to work with the appro- priate State elections authorities in each State to de- velop procedures for persons to apply to register to vote at Armed Forces recruitment offices as required by section 7(c) of the Act. SEC. 3. Acceptance of Designation. [Superseded by Ex. Ord. No. 14019, Mar. 7, 2021, 86 F.R. 13623, set out as a note preceding section 20101 of this title, see section 4(a) of Ex. Ord. No. 14019.] § 20507. Requirements with respect to adminis- tration of voter registration (a) In general In the administration of voter registration for elections for Federal office, each State shall— (1) ensure that any eligible applicant is reg- istered to vote in an election— (A) in the case of registration with a motor vehicle application under section 20504 of this title, if the valid voter registra- tion form of the applicant is submitted to the appropriate State motor vehicle author- ity not later than the lesser of 30 days, or the period provided by State law, before the date of the election; (B) 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; (C) in the case of registration at a voter registration agency, if the valid voter reg- istration 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 (D) 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; (2) require the appropriate State election of- ficial to send notice to each applicant of the disposition of the application; (3) provide that the name of a registrant may not be removed from the official list of el- igible voters except— (A) at the request of the registrant; (B) as provided by State law, by reason of criminal conviction or mental incapacity; or (C) as provided under paragraph (4); (4) conduct a general program that makes a reasonable effort to remove the names of ineli- gible voters from the official lists of eligible voters by reason of— (A) the death of the registrant; or (B) a change in the residence of the reg- istrant, in accordance with subsections (b), (c), and (d); (5) inform applicants under sections 20504, 20505, and 20506 of this title of—