Sec. 111. Automated voter registration

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Each source agency in a State (as defined in subsection (e)) shall, with each application for services or assistance by an individual, and with each recertification, renewal, or change of address relating to such services or assistance— notify each such individual of the substantive qualifications of an elector in the State, using language approved by the State’s chief election official; notify each such individual that there is an opportunity to be registered to vote or update voter registration, but that voter registration is voluntary, and that neither registering nor declining to register to vote will in any way affect the availability of services or benefits, nor be used for other purposes; require that each such individual indicate, after considering the substantive qualification of an elector in the State, whether or not the person wishes to be registered; ensure that each such individual’s transaction with the agency cannot be completed until the individual has indicated whether he or she wishes to register to vote; and for each such individual who consents to using the individual’s records with the source agency to enable the individual to register to vote under this section, collect a signed affirmation of eligibility to register to vote in the State.

Nothing in this subtitle shall be construed to interfere with the right of any person to decline to be registered to vote for any reason. For each individual who notifies the source agency that the individual consents to voter registration under this section, the source agency shall transfer to the chief State election official of the State the following data, to the extent the data is available to the source agency: The given name or names and surname or surnames. Date of birth.

Residential address. Mailing address. Signature, in electronic form. Date of the last change to the information. The motor vehicle driver’s license number. The last four digits of the Social Security number. The source agency shall transfer the data described in paragraph

(1)to the chief State election official on a daily basis. The data transferred under paragraph

(1)shall be transferred in a format compatible with the Statewide computerized voter registration list under section 303 of the Help America Vote Act of 2002. Any information collected by the source agency under this section with respect to an individual who consents to register to vote under this section may not be stored by the source agency in any form after the information is transferred to the chief State election official under paragraph (1). Upon receiving information from a source agency with respect to an individual under subsection (b), the chief State election official shall determine whether the individual is included in the computerized Statewide voter registration list established and maintained under section 303 of the Help America Vote Act of 2002 ( 42 U.S.C. 15483 ). If an individual for whom information is received from a source agency under subsection

(b)is eligible to vote in elections for Federal office in the State and is not on the computerized Statewide voter registration list, the chief State election official shall— ensure that the individual is registered to vote in such elections not later than 5 days after receiving the information, without regard to whether or not the information provided by the source agency includes the individual’s signature; update the Statewide computerized voter registration list to include the individual; and notify the individual that the individual is registered to vote in elections for Federal office in the State. If a source agency provides the chief State election official with information with respect to an individual who did not consent to be registered to vote under this section, the chief State election official shall not take any action to register the individual to vote, except that no such individual who is already included on the computerized Statewide voter registration list shall be removed from the list solely because the information was incorrectly provided under subsection (b). Nothing in this section affects a State’s obligation to register voters upon receipt of a valid voter registration application through means provided by National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg et seq. ), the Internet registration procedure described in subtitle A, or other valid means. No later than January 2015, each individual who is listed in a source agency’s records and for whom there exists reason to believe the individual is a citizen and not otherwise ineligible to vote shall be mailed a postage pre-paid return postcard including a box for the individual to check, together with the statement (in close proximity to the box and in prominent type), By checking this box, I affirm that I am a citizen of the United States, am eligible to vote in this State, and will be at least eighteen years old by the next general election. I understand that by checking this box, I will be registered to vote if I am eligible to vote in the State. , along with a clear description of the voting eligibility requirements in the State. The postcard shall also include, where required for voter registration, a place for the individual’s signature and designation of party affiliation. An individual who checks the box and returns the completed postcard postmarked not later than the lesser of the fifteenth day before an election for Federal office, or the period provided by State law, shall be registered to vote in that election. Section 303(b)(1)(A) of the Help America Vote Act of 2002 ( 42 U.S.C. 15483(b)(1)(A) ), as amended by section 101(b)(1), is amended by striking of 1993 and inserting of 1993 or (at the option of the State) was registered automatically under section 111 of the Voter Registration Modernization Act of 2013 . Section 303(b) of such Act ( 42 U.S.C. 15483(b) ), as amended by section 101(b)(2), is amended— by redesignating paragraph

(6)as paragraph (7); and by inserting after paragraph

(5)the following new paragraph: A State may, in a uniform and nondiscriminatory manner, require an individual to meet the requirements of subparagraph

(B)if— the individual was registered to vote in the State automatically under section 111 of the Voter Registration Modernization Act of 2013; and the individual has not previously voted in an election for Federal office in the State. An individual meets the requirements of this subparagraph if— in the case of an individual who votes in person, the individual provides the appropriate State or local election official with a handwritten signature; or in the case of an individual who votes by mail, the individual submits with the ballot a handwritten signature. Subparagraph

(A)does not apply in the case of an individual 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. ); 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 entitled to vote otherwise than in person under any other Federal law. . Section 303(d)(2)(A) of such Act ( 42 U.S.C. 15483(d)(2)(A) ), as amended by section 101(b)(3), is amended by striking subsection (b)(5) and inserting subsections (b)(5) and (b)(6) . With respect to any State, a source agency is— each State office which is described in paragraph (2); and each Federal office which is described in paragraph

(3)which is located in the State, except that such office shall be a source agency only with respect to individuals who are residents of the State in which the office is located. The State offices described in this paragraph are as follows: The State motor vehicle authority. Each office in the State which is designated as a voter registration agency in a State pursuant to section 7(a) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–5(a) ). Each State agency that administers a program providing assistance pursuant to pursuant to title III of the Social Security Act ( 42 U.S.C. 501 et seq. ). Each State agency primarily responsible for maintaining identifying information for students enrolled at public secondary schools in the State, including, where applicable, the State agency responsible for maintaining the education data system described in section 6401(e)(2) of the America COMPETES Act ( 20 U.S.C. 9871(e)(2) ). In the case of a State in which an individual disenfranchised by a criminal conviction may become eligible to vote upon completion of criminal sentence or any part thereof, or upon formal restoration of rights, the State agency responsible for administering that sentence, or part thereof, or that restoration of rights. In the case of a State in which an individual disenfranchised by adjudication of mental incompetence or similar condition becomes eligible to register to vote upon the restoration of competence or similar condition, each State agency responsible for determining when competence or a similar condition is met. Such other office which may be designated as a source agency by the chief State election official of the State. In designating offices of the State as source agencies for purposes of subparagraph (A)(vii), the chief State election official shall give priority on the basis of the following criteria: The extent to which individuals receiving services or assistance from the office are likely to be individuals who are eligible to register to vote in elections for Federal office in the State but who are not registered to vote in such elections. The accuracy of the office’s records with respect to identifying information (including age, citizenship status, and residency) for individuals receiving services or assistance from the office. The cost-effectiveness of obtaining such identifying information and transmitting the information to the chief State election official. The extent to which the designation of the office as a voter registration agency will promote the registration of eligible individuals to vote in elections for Federal office in the State and the accuracy of the State’s Statewide computerized voter registration list under the Help America Vote Act of 2002. The Federal offices described in this paragraph are as follows: Armed Forces recruitment offices. The United States Immigration and Customs Enforcement Bureau, but only with respect to individuals who complete the naturalization process. The Social Security Administration. The Administrative Office of the United States Courts, the Federal Bureau of Prisons, and the United States Probation Service, but only with respect to individuals completing terms of prison, sentences, probation, or parole. The Department of Veterans Affairs, but only with respect to individuals applying for or using health care services or services for homeless individuals. The Defense Manpower Data Center of the Department of Defense. The Indian Health Services of the Department of Health and Human Services. The Center for Medicare and Medicaid Services of the Department of Health and Human Services. Any other Federal office which designated by a State (with the consent of the President) as a source agency with respect to the State.

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