Motor Voter Act of 1993 - Recently Updated Pages

Concerns of Fraud

voter — Wed, 21 Mar 2007 22:20:41 CDT

The Republican party argued that the specifications of this bill would lead to voter fraud. House representatives were concerned that people would register to vote that did not meet the requirements for voting but were eligible for a driver’s license. In essence, they would fill out the paperwork since it was associated with the driver’s license and fail to check the “decline to register” box. This was a specific concern with illegal aliens; many felt that they would fail to check the box in order to not draw attention to themselves. Additionally, the act allows for individuals to mail in their registration forms. This form does not require identification. Because of this lack of identification, many opponents believe this will lead to voter fraud (multiple cases of registration or false registration). The dissenting opinion in the House recounts this viewpoint: “H.R. 2 seriously impedes states’ ability to combat fraud in order to increase voter turnout, but election results in 1992 showed an increase in voter turned to the highest level since 1972 without the costs and risks associated with this unnecessary and partisan legislation” (CHA, 34) In response to this, an amendment was passed where the applicant has to sign an affidavit saying that s/he understands the requirements to vote and are able to fulfill them. This affidavit is under the penalty of perjury.

Home

voter — Wed, 21 Mar 2007 22:19:45 CDT

An Act

To establish national voter registration procedures for Federal elections, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `National Voter Registration Act of 1993'.

SEC. 2. FINDINGS AND PURPOSES.

(a) FINDINGS- The Congress finds that--

(1) the right of citizens of the United States to vote is a fundamental right;

(2) it is the duty of the Federal, State, and local governments to promote the exercise of that right; and

(3) discriminatory and unfair registration laws and procedures can have a direct and damaging effect on voter participation in elections for Federal office and disproportionately harm voter participation by various groups, including racial minorities.

(b) PURPOSES- The purposes of this Act are--

(1) to establish procedures that will increase the number of eligible citizens who register to vote in elections for Federal office;

(2) to make it possible for Federal, State, and local governments to implement this Act in a manner that enhances the participation of eligible citizens as voters in elections for Federal office;

(3) to protect the integrity of the electoral process; and

(4) to ensure that accurate and current voter registration rolls are maintained.
... SEC. 4. NATIONAL PROCEDURES FOR VOTER REGISTRATION FOR ELECTIONS FOR FEDERAL OFFICE.

(a) IN GENERAL- Except as provided in subsection (b), notwithstanding any other Federal or State law, in addition to any other method of voter registration provided for under State law, each State shall establish procedures to register to vote in elections for Federal office--

(1) by application made simultaneously with an application for a motor vehicle driver's license pursuant to section 5;

(2) by mail application pursuant to section 6; 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 nongovernmental office designated under section 7.

... SEC. 5. SIMULTANEOUS APPLICATION FOR VOTER REGISTRATION 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 vehicle authority under State law shall serve as an application for voter registration with respect to elections for Federal office unless the applicant fails to sign the voter registration application.

(2) An application for voter registration submitted 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 license 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 registration 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 driver's license--

(A) may not require any information that duplicates information required in the driver's license portion of the form (other than a second 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 administer voter registration and other parts of the election process;

(C) shall include a statement that--

(i) states each eligibility requirement (including citizenship);

(ii) contains an attestation that the applicant meets each such requirement; and

(iii) requires the signature of the applicant, under penalty of perjury;

(D) shall include, in print that is identical to that used in the attestation portion of the application--

(i) the information required in section 8(a)(5) (A) and (B);

(ii) a statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain 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 applicant submits a voter registration application 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 official as provided by State law.

... SEC. 6. 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 9(a)(2) for the registration 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 9(b) for the registration of voters 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 jurisdiction 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 ballot under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1 et seq.);

(B) who is provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee-1(b)(2)(B)(ii)); 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 8(a)(2) is sent by nonforwardable mail and is returned undelivered, the registrar may proceed in accordance with section 8(d).

SEC. 7. VOTER REGISTRATION AGENCIES.

(a) DESIGNATION- (1) Each State shall designate agencies for the registration of voters in elections for Federal office.

(2) Each State shall designate as voter registration agencies--

(A) all offices in the State that provide public 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 agencies 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 paragraph (6).

(ii) Assistance to applicants in completing voter registration application forms, unless the applicant refuses such assistance.

(iii) Acceptance of completed voter registration 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.
... SEC. 8. REQUIREMENTS WITH RESPECT TO ADMINISTRATION 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 registered to vote in an election--

(A) in the case of registration with a motor vehicle application under section 5, 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;

(B) in the case of registration by mail under section 6, 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 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

(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;

Disabilities

voter — Wed, 21 Mar 2007 21:15:37 CDT

While most of the debate surrounding this section focused on the phrasing and meaning of public assistance offices, there were slight changes made to the offices that provided services to those with disabilities. The original bill just included vocational rehabilitation offices as voter registration agencies, while the current law also “extends to many other agencies that have contact with persons with disabilities, such as, but not limited to, those agencies which provide transportation, job training, education counseling, rehabilitation or independent living services” (CHA, 12). The law also states that voter registration services can be provided at home if an equipped agency goes to the home to provide other services. This section of the bill is key to understanding the purpose behind the bill. The goal was to make registration more convenient and accessible to those who were not registered. Those with disabilities found it difficult to access the original voting registration stations, oftentimes because of transportation issues. Clearly, extending registration to the DMV didn’t help this segment of the population. Thus, this section, as well as the mail-in option, was added.

Welfare

voter — Wed, 21 Mar 2007 21:14:39 CDT

Whether or not to make welfare and unemployment offices voting agencies was a very contentious issue that was divided primarily down party lines. Originally, all public assistance offices and agencies were required to provide voting registration services. However, Republicans wanted the decision whether or not welfare and unemployment compensation offices should be used left up to the states. Yet the committee came back with this response: “if a state does not include either public assistance, agencies serving persons with disabilities, or unemployment compensation offices in its agency program, it will exclude a segment of its population from those for whom registration will be convenient and readily available-the poor and persons with disabilities who do not have driver’s licenses and will not come into contact with the other principle place to register under this Act” (CHA, 19) Essentially, the committee refused to make all the public assistance offices optional. If it was optional, many states (in an attempt to lessen costs) would choose to not make them voting agencies. Given that the goal of the bill was to make it more accessible, denying the segment of the population that needed assistance the most was contradictory. The Republicans returned that if these offices were required to provide registration, they

wanted some agencies that served their constituents, such as tax bureaus, and Mom and Pop stores that issue hunting and fishing licenses…The more the list grew, the more election officials objected that the system would be unmanageable. The Republicans then argued that the list should be restricted to DMVs and agencies serving the disabled…When all was said and done, the final legislation required that voter registration be conducted in DMVs, public assistance agencies (AFDC, Food Stamps, Medicaid, and WIC), agencies serving the disabled, and military recruitment offices. Unemployment agencies, originally mandated, were made option, a concession to the Republicans in the bargaining process. State officials were also required to designate several other agencies, at their discretion, in which registration would be available, such as libraries, public schools, and unemployment offices.” (Pivin and Cloward 329)

In the original House bill, any welfare offices and unemployment compensation offices were required to be designated as voter registration agencies, but the Senate amendment changed it that this was optional except for public assistance agencies, which were specified as “ those state agencies in each state that administer or provide services under the food stamp, medicaid, the Women, Infants, and Children (WIC), and the aid to Families with Dependent Children (AFDC) programs” (CHA, 19). Thus, the final act reads that the places that will be designated as voter registration agencies are all offices…that provide public assistance and all offices…that provide state-funded programs primarily engaged in providing services to persons with disabilities.

Mail Registration

voter — Wed, 21 Mar 2007 21:12:42 CDT

One of the primary components of the Voter Registration Act of 1993 concerned individuals’ ability to mail in their registration form. Allowing individuals to mail in their registration form instead of requiring a trip down to an office makes it more accessible. Michigan is one of the states with a similar motor-voter program. Based off numbers in Michigan, motor voter programs “could potentially increase the present registration level from…65 percent to 91 percent” (Piven and Cloward, 238). Furthermore, the Committee recognized that mail-in registration helped serve a portion of the population previously underrepresented in the registration process, such as people without access to easy transportation (some examples would be minorities and those with disabilities). The report points out that “since registration by mail was already in place in approximately half the states, and there was substantial evidence that this procedure not only increased registration but successfully reached out to those groups most under-represented on the registration rolls, this method of registration was considered appropriate for a national standard” (CHA, 4). Section 9(b) of the act specifies that the mail registration form can only ask for information that is necessary to assess the applicant’s eligibility. The form needed to include a statement that specifies each eligibility requirement as well as a signed acknowledgement that the applicant meets these requirements (under penalty of perjury). States are allowed (but not required) to mandate that you have to vote in person if you registered by mail AND if they have not previously voted in an attempt to decrease voter fraud.

Mail-In Registration

voter — Wed, 21 Mar 2007 21:06:07 CDT

There is no abstract available for this page revision.

Cost

voter — Wed, 21 Mar 2007 21:05:09 CDT

The cost of the bill posed another problem to its passage, however not a strong enough problem to either initiate an amendment or affect the outcome. The act imposes a huge financial responsibility on the states with only very minimal assistance from the federal government. Estimates vary around a $20-$25 million cost to state and local governments (CHA, 36). Not only is this a fairly significant cost (which is not offset by the federal government) but many opponents to this section of the bill argue this estimate doesn’t even include a lot of the additional costs. These include things such as the costs of computerization, costs associated with an increase of number of voters on the rolls, and implementation costs (such as training). The federal government does provide a reduced rate mail subsidy for mailed registration forms and associated costs. However, the costs associated with mailing information were NOT included in the $20-25 million estimate. The committee says that “no funds are authorized to compensate for this expensive new Federal mandate on the states” (CHA, 34).

Social and Political Context

voter — Wed, 21 Mar 2007 20:58:31 CDT

The National Voter Registration Act of 1993, commonly referred to as the motor voter act, sought to address the low number of registered voters. The Committee on House Administration (CHA) found many things that discouraged voter participation, including, but not limited to, the poll tax, literacy tests, residency requirements, selective purges, elaborate administrative procedures and annual reregistration requirements. However, the Voting Rights Act of 1965 removed some of the obvious voting impediments (such as literacy tests and residency requirements). Yet registration reform remained a key issue because voter registration was still extremely low. The committee reported that “public opinion polls…indicate that the failure to become registered is the primary reason given by eligible citizens for not voting. It is generally accepted that over 80 percent of those citizens who are registered vote in Presidential elections. However, according to figures provided by the Congressional Research Service, only slightly over 60 percent of the eligible voters are registered” (3). As such, there was a huge drive to increase the number of registered voters in an attempt to increase the number of participatory voters.

Previous to this act, many social services agencies used volunteers in order to try to increase the number of registered voters, particularly in segments of the population that did not typically register. Yet this laudable attempt failed because the task was so huge. “In sum, volunteer voter registration campaigns were not equal to registering the vast numbers of unregistered. The numbers reached depended not on the vastness of the pool but on campaign resources, and campaigns among the better-off attracted more resources. Consequently, campaigns could not less class and racial skews. The conclusion followed that to register minorities and the less well-off enmass, an institutional solution was needed” (Piven and Cloward,170). In the early 1990’s, many different bills regarding voter registration were proposed.

One of the primary goals of this bill was to make voter registration more convenient and easier to navigate. Thirty states had mail-in registration and about 25 states had some form of motor-voter registration (CHA 27). Piven and Cloward report “Department of Transportation data showing that even in the 13 percent of American households without vehicles, 92.5 percent had one or more drivers, and others had photo IDs ... They estimated, then, that 90 percent of the electorate had licenses or IDs, and the “remaining 10 percent included substantial numbers of disabled persons, many of whom cannot drive” (233). As such, and partially based on research in Michigan (most similar program to the one found in the bill), motor voter programs “could potentially increase the present registration level from…65 percent to 91 percent” (Piven and Cloward, 238).