Sec. 3. Automatic voter registration

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Not later than November 3, 2020, the chief State election official of each State shall establish and operate a system of automatic registration for the registration of any eligible individual at the time the individual turns 18 to vote for elections for Federal office in the State. The requirements under paragraph

(1)shall not apply to a State in which, under a State law in effect continuously on and after the date of the enactment of this section, there is no voter registration requirement for individuals in the State with respect to elections for Federal office. The registration of any individual under this subsection, and any action by an individual to opt-out of such automatic registration, may not be used as evidence against that individual in any State or Federal law enforcement proceeding. Notwithstanding section 8(a)(1)(D) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–6 ), each noncomplying State shall permit any eligible individual on the day of a Federal election— to register to vote in such election at the polling place using a form that meets the requirements under section 9(b) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20509(b) ); and to cast a vote in such election. For purposes of paragraph (1), the term noncomplying State means, with respect to any Federal election occurring on or after November 3, 2020, any State which is required to meet the requirements of subsection

(a)and which does not have a system described in subsection

(a)established and operated before the date of such Federal election. The Commission shall make a payment in an amount determined under paragraph

(3)to each State. A State receiving a payment under this subsection shall use the payment— to implement automatic voter registration in accordance with subsection (a); and to improve election security systems related to voter registration. Subject to subparagraph (C), the amount of a payment made to a State under this subsection shall be equal to the product of— the total amount appropriated for payments pursuant to the authorization under paragraph (4); and the State allocation percentage for the State (as determined under subparagraph (B)). The State allocation percentage for a State is the amount (expressed as a percentage) equal to the quotient of— the voting age population of the State (as reported in the most recent decennial census); and the total voting age population of all States (as reported in the most recent decennial census). The amount of a payment made to a State under this subsection may not be less than one-half of 1 percent of the total amount appropriated for payments under this subsection under paragraph (4). The Commission shall make such pro rata reductions to the allocations determined under subparagraph

(A)as are necessary to comply with the requirements of subparagraph (C). A payment to a State under this subsection shall be available to the State without fiscal year limitation. There are authorized to be appropriated $325,000,000 for payments under this subsection. Any amounts appropriated pursuant to the authority of subparagraph

(A)shall remain available without fiscal year limitation until expended. Section 11 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20510 ), relating to civil enforcement and the availability of private rights of action, shall apply with respect to subsections

(a)and

(b)in the same manner as such section applies to such Act. Except as provided, nothing in this Act may be construed to authorize or require conduct prohibited under, or to supersede, restrict, or limit the application of any of the following: The Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq.). The Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq.). The National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq.). The Help America Vote Act of 2002 ( 52 U.S.C. 20901 et seq.). In this Act, the following definitions apply: The term chief State election official means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20509 ) to be responsible for coordination of the State’s responsibilities under such Act. The term Commission means the Election Assistance Commission. The term election has the meaning given such term under section 301(1) of the Federal Election Campaign Act of 1971. The term Federal office has the meaning given such term under section 301(3) of the Federal Election Campaign Act of 1971. The term State means each of the several States and the District of Columbia.

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U.S. Code