What is the significance of the motor voter law

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The NVRA does not require any particular process for removing persons who have been disqualified from voting pursuant to State law based upon a criminal conviction or an adjudication of mental incapacity.

Moreover, while the NVRA requires States to make reasonable efforts to remove persons who have died, it does not require any particular process for doing so. States can follow whatever State law process exists for doing this. HAVA provides that list maintenance on the statewide database shall be done on a regular basis in accordance with the requirements of the NVRA.

In those States where state law provides for removals from the voter rolls based on mental incapacity or criminal conviction, state laws generally provide for election officials to rely on court determinations to identify the individuals who are subject to removal. Attorney Offices to forward information regarding felony criminal convictions in federal courts to chief state election officials. In the absence of a written confirmation from a registrant of a change of address outside the jurisdiction, Section 8 d of the NVRA sets forth a process for removing a person based on change of residence.

This process requires sending a forwardable notice, in the form of a postage-prepaid and pre-addressed return card, on which the person may state his or her current address. The jurisdiction may designate the registrant as inactive if the registrant fails to return the card by the voter registration deadline for the next election after the notice is sent.

The jurisdiction may remove the registrant from the voter rolls after sending the notice in two circumstances. First, if the registrant confirms in writing, such as by completing and returning the notice card, that the registrant has changed residence to a place outside the jurisdiction then the registrant can be removed from the list immediately. Second, if the registrant fails to respond to the notice and fails to vote or to appear to vote in an election beginning on the date the notice is sent and ending on the day after the date of the second federal general election after the notice is sent, then the registrant can be removed from the list after that second federal general election.

The NVRA gives one example of a safe harbor procedure. Under that procedure, States may utilize change-of-address information supplied by the United States Postal Service through its National Change of Address program NCOA to identify registrants who may have changed residences and then take one of two actions.

States do not have to use the NCOA process. Under the NVRA, States must have a general program that makes a reasonable effort to identify and remove the names of voters who have become ineligible to vote by means of a change of address.

The program has to be uniform, non-discriminatory, in compliance with the Voting Rights Act and must be completed 90 days before a federal election. States otherwise have discretion under the NVRA and HAVA in how they design their general program, and States currently undertake a variety of approaches to how they initiate the notice process. For example, some general programs involve a State undertaking a uniform mailing of a voter registration card, sample ballot, or other election mailing to all voters in a jurisdiction, and then using information obtained from returned non-deliverable mail as the basis for correcting voter registration records for apparent moves within a jurisdiction or for initiating the notice process for apparent moves outside a jurisdiction or non-deliverable mail with no forwarding address noted.

Another example involves general programs where States initiate the notice process based on information showing that a voter has not voted in elections nor made contact with a registrar over some period of time.

This is not prohibited by the NVRA and its bar on removing voters from the list solely for failure to vote, since it relies on the NVRA notice process, and thus utilizes both a notice and a waiting period of two federal general elections. Section 8 requires States to complete any program the purpose of which is to systematically remove the names of ineligible voters from the official list of eligible voters not later than 90 days prior to the date of a primary election or general election for federal office.

This 90 day deadline applies to state list maintenance verification activities such as general mailings and door to door canvasses. The NVRA contains fail-safe provisions to enable such persons who show up to vote on a federal election day to update their registration and to vote in that election even though they have not notified the registrar of the address change:.

A central voting location need not be made available by the registrar if State law allows the person to vote at either the old or new polling place in the current election upon oral or written affirmation of the address change. If a person has not moved, but the registration records indicate that a person has moved from an address covered by a polling place, that person shall be permitted to vote at that polling place upon oral or written affirmation by the registrant that the registrant continues to reside at his or her address previously known to the registrar.

Section 8 of the NVRA requires that States keep and make available for public inspection, for a period of at least two years, 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 to be kept shall include lists of the names and addresses of all persons to whom Section 8 d notices 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.

In addition, an independent requirement in 52 U. The Department of Justice can require that such records be produced for inspection and copying through a written demand, and a lawsuit to enforce such demand. The NVRA requires each State to designate a State officer or employee as the chief State election official to be responsible for coordinating State responsibilities under the Act.

Because of the importance of monitoring compliance with the NVRA's voter registration requirements, States should consider employing a person at the State level to serve as the NVRA coordinator for the State. States must report various voter registration information to the U. This includes the number of voter-registration applications by mail and from motor vehicle offices, public-assistance offices, offices providing state-funded programs primarily serving persons with disabilities, Armed Forces recruitment offices, and other state-designated offices and agencies.

Likewise, States must report voter registration list maintenance information in response to the EAC survey every two years. The Department of Justice carefully considers this data, among other information, in determining how it will carry out its enforcement responsibilities. To facilitate accurate NVRA data reporting to the EAC, states should consider having a system in place to track the number of voter registration applications from each designated voter registration agency. Barcodes or other coding could be included on voter registration applications to designate the agency from which the form originated.

Such coding can be implemented in such a way that also allows states to comply with the obligation not to disclose the office at which any particular individual has registered to vote. Certain States and local jurisdictions are covered by the language minority requirements of the Voting Rights Act VRA for specific language minority groups. The VRA requires that when covered states and jurisdictions provide voter registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, they must provide them in the language of the applicable minority group as well as in the English language.

Thus, each State or jurisdiction covered by the language minority requirements of the VRA should consider how to ensure that NVRA voter registration opportunities are conducted so as to provide language access to covered limited-English proficient language minority citizens so that they have equal access to the voter registration process.

Congress finally passed the national voter registration act of The passage was long overdue and was largely a product of the Rock the Vote movement. The campaign created by the band has been credited with raising public awareness and support of the Act before it was ever signed into law by Bill Clinton. As a result, registering to vote has become much easier and reached hundreds of thousands more voters.

The federal courts and Congress have been attempting to provide fair and just access to voting for over years and challenges to such laws continue to arise through today. This creates uniformity in all states for voter registration. The federal form makes each applicant a firm, under penalty of perjury, specific matters which include that he or she is a citizen and over 18 years old.

Thus, the Act does not require documentary proof of citizenship, but simply a sworn signature of the applicant that he or she, is in fact a citizen of the United States of America. Between the years and , the state of Arizona required voter registration officials to discard any application they received for registration that was not accompanied by proof of citizenship such as a birth certificate.

This requirement was not part of the federal act. A group of Arizona residents challenged this law through a nonprofit in federal court. The federal district court granted Arizona summary judgment on the claim however the Ninth Circuit Court of Appeals reversed that holding.

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