Sec. 1002. Automatic registration of eligible individuals

2,249 words·~10 min read·/bill/117/hr/5746/eah/section-1002

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The National Voter Registration Act of 1993 ( 52 U.S.C. 20504 ) is amended by inserting after section 5 the following new section: In this section— The term applicable agency means, with respect to a State, the State motor vehicle authority responsible for motor vehicle driver's licenses under State law. The term applicable transaction means— an application to an applicable agency for a motor vehicle driver's license; and any other service or assistance (including for a change of address) provided by an applicable agency.

The term automatic registration means a system that registers an individual to vote and updates existing registrations, in elections for Federal office in a State, if eligible, by electronically transferring the information necessary for registration from the applicable agency to election officials of the State so that, unless the individual affirmatively declines to be registered or to update any voter registration, the individual will be registered to vote in such elections.

The term eligible individual means, with respect to an election for Federal office, an individual who is otherwise qualified to vote in that election. The term register to vote includes updating an individual's existing voter registration. The chief State election official of each State shall establish and operate a system of automatic registration for the registration of eligible individuals to vote for elections for Federal office in the State, in accordance with the provisions of this section.

The chief State election official shall— subject to subparagraph (B), ensure that each eligible individual who completes an applicable transaction and does not decline to register to vote is registered to vote— in the next upcoming election for Federal office (and subsequent elections for Federal office), if an applicable agency transmits information under subsection (c)(1)(E) with respect to the individual not later than the applicable date; and in subsequent elections for Federal office, if an applicable agency transmits such information with respect to such individual after the applicable date; and not later than 60 days after the receipt of such information with respect to an individual, send written notice to the individual, in addition to other means of notice established by this part, of the individual’s voter registration status.

For purposes of this subsection, the term “applicable date” means, with respect to any election for Federal office, the later of— the date that is 28 days before the date of the election; or the last day of the period provided by State law for registration with respect to such election. Nothing in this subsection shall prevent the chief State election official from registering an eligible individual to vote for the next upcoming election for Federal office in the State even if an applicable agency transmits information under subsection (c)(1)(E) with respect to the individual after the applicable date.

A State may not refuse to treat an individual as an eligible individual for purposes of this section on the grounds that the individual is less than 18 years of age at the time an applicable agency receives information with respect to the individual, so long as the individual is at least 16 years of age at such time. Nothing in the previous sentence may be construed to require a State to permit an individual who is under 18 years of age at the time of an election for Federal office to vote in the election.

Except as otherwise provided in this section, in the case of any applicable transaction for which an applicable agency (in the normal course of its operations) requests individuals to affirm United States citizenship (either directly or as part of the overall application for service or assistance or enrollment), the applicable agency shall inform each such individual who is a citizen of the United States of the following: Unless that individual declines to register to vote, or is found ineligible to vote, the individual will be registered to vote or, if applicable, the individual’s registration will be updated.

The substantive qualifications of an elector in the State as listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9, the consequences of false registration, and how the individual should decline to register if the individual does not meet all those qualifications. In the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, the requirement that the individual must affiliate or enroll with a political party in order to participate in such an election.

Voter registration is voluntary, and 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. In the case where the individual is a member of a group that constitutes 3 percent or more of the overall population within the State served by the applicable agency as measured by the United States Census and are limited English proficient, the information described in clauses

(i)through

(iv)of subparagraph

(A)shall be provided in a language understood by the individual. An applicable agency shall not provide an individual who did not affirm United States citizenship, or for whom the agency has conclusive documentary evidence obtained through its normal course of operations that the individual is not a United State citizen, the opportunity to register to vote under subparagraph (A). Except as otherwise provided in this section, each applicable agency shall ensure that each applicable transaction described in subparagraph

(A)with an eligible individual cannot be completed until the individual is given the opportunity to decline to be registered to vote. In the case where the individual is a member of a group that constitutes 3 percent or more of the overall population within the State served by the applicable agency as measured by the United States Census and are limited English proficient, such opportunity shall be given in a language understood by the individual. Not later than 10 days after an applicable transaction with an eligible individual, if the individual did not decline to be registered to vote, the applicable agency shall electronically transmit to the appropriate State election official the following information with respect to the individual: The individual’s given name(s) and surname(s). The individual’s date of birth. The individual’s residential address. Information showing that the individual is a citizen of the United States. The date on which information pertaining to that individual was collected or last updated. If available, the individual’s signature in electronic form. In the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, information regarding the individual’s affiliation or enrollment with a political party, but only if the individual provides such information. Any additional information listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993, including any valid driver’s license number or the last 4 digits of the individual’s social security number, if the individual provided such information. In the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, if the information transmitted under paragraph

(E)with respect to an individual does not include information regarding the individual’s affiliation or enrollment with a political party, the chief State election official shall— notify the individual that such affiliation or enrollment is required to participate in primary elections; and provide an opportunity for the individual to update their registration with a party affiliation or enrollment. Nothing in this section shall be read to require an applicable agency to transmit to an election official the information described in subparagraph

(E)for an individual who is ineligible to vote in elections for Federal office in the State, except to the extent required to pre-register citizens between 16 and 18 years of age. With each applicable transaction for which an applicable agency in the normal course of its operations does not request individuals to affirm United States citizenship (either directly or as part of the overall application for service or assistance), the applicable agency shall— complete the requirements of section 5; ensure that each applicant’s transaction with the agency cannot be completed until the applicant has indicated whether the applicant wishes to register to vote or declines to register to vote in elections for Federal office held in the State; and for each individual who wishes to register to vote, transmit that individual’s information in accordance with subsection (c)(1)(E), unless the agency has conclusive documentary evidence obtained through its normal course of operations that the individual is not a United States citizen. Each applicable agency shall offer each eligible individual, with each applicable transaction, the opportunity to register to vote as prescribed by this section without regard to whether the individual previously declined a registration opportunity. Nothing in this section authorizes an applicable agency to collect, retain, transmit, or publicly disclose any of the following, except as necessary to comply with title III of the Civil Rights Act of 1960 ( 52 U.S.C. 20701 et seq. ): An individual’s decision to decline to register to vote or not to register to vote. An individual’s decision not to affirm his or her citizenship. Any information that an applicable agency transmits pursuant to subsection (c)(1)(E), except in pursuing the agency’s ordinary course of business. Subject to clause (ii), with respect to any individual for whom any State election official receives information from an applicable agency, the State election officials shall not publicly disclose any of the following: Any information not necessary to voter registration. Any voter information otherwise shielded from disclosure under State law or section 8(a). Any portion of the individual’s social security number. Any portion of the individual’s motor vehicle driver’s license number. The individual’s signature. The individual’s telephone number. The individual’s email address. The prohibition on public disclosure in clause

(i)shall not apply with respect to the telephone number or email address of any individual for whom any State election official receives information from the applicable agency and who, on the basis of such information, is registered to vote in the State under this section. Each applicable agency shall ensure that the services it provides under this section are made available to individuals with disabilities to the same extent as services are made available to all other individuals. Nothing in this section or in the Automatic Voter Registration Act of 2021 shall be construed to prevent an applicable agency from contracting with a third party to assist the agency in meeting the information transmittal requirements of this section, so long as the data transmittal complies with the applicable requirements of this section and such Act, including provisions relating privacy and security. The services made available by applicable agencies under this section shall be made in a manner consistent with paragraphs (4), (5), and (6)(C) of section 7(a). Each State may send notices under this section via electronic mail if the individual has provided an electronic mail address and consented to electronic mail communications for election-related materials. All notices sent pursuant to this section that require a response must offer the individual notified the opportunity to respond at no cost to the individual. Nothing in this section may be construed to prohibit a State from offering voter registration services described in this section at offices of the State other than the State motor vehicle authority. This section shall not apply to an exempt State. The term exempt State means a State which, under law which is in effect continuously on and after the date of the enactment of this section, either— has no voter registration requirement for any voter in the State with respect to a Federal election; or operates a system of automatic registration (as defined in section 1002(a)(2)) at the motor vehicle authority of the State or a Permanent Dividend Fund of the State under which an individual is provided the opportunity to decline registration during the transaction or by way of a notice sent by mail or electronically after the transaction. . Section 4(a) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20503(a)(1) ) is amended by redesignating paragraphs

(2)and

(3)as paragraphs

(3)and (4), respectively, and by inserting after paragraph

(1)the following new paragraph: by application made simultaneously with an application for a motor vehicle driver's license pursuant to section 5A;. . Section 4(b) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20503(b) ) is amended— by redesignating paragraphs

(1)and

(2)as subparagraphs

(A)and (B), respectively, and indenting appropriately; by striking and inserting “ States .—This Act States .— Except as provided in paragraph (2), this Act ; and by adding at the end the following new paragraph: Section 5A shall apply to a State described in paragraph (1), unless the State is an exempt State as defined in subsection (f)(2) of such section. . Section 8(a)(1) of such Act ( 52 U.S.C. 20507(a)(1) ) is amended by redesignating subparagraphs (B), (C), and

(D)as subparagraphs (C), (D), and (E), respectively, and by inserting after subparagraph

(A)the following new subparagraph: in the case of registration under section 5A, within the period provided in section 5A(b)(2); .

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Sec. 1002

Automatic registration of eligible individuals

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