Sec. 113. Contributing agency assistance in registration

1,845 words·~8 min read·/bill/118/hr/9727/ih/section-113

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

In accordance with this subtitle, each contributing agency in a State shall assist the State’s chief election official in registering to vote all eligible individuals served by that agency. Except as otherwise provided in this section, with each application for service or assistance, and with each related recertification, renewal, or change of address, or, in the case of a covered institution of higher education, upon initial enrollment of an in-State student, each contributing agency (other than a contributing agency described in subsection (e)(1)(B)(ii)) that (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) 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 of the National Voter Registration Act of 1993, the consequences of false registration, and 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.

Except as otherwise provided in this section, each contributing agency shall ensure that each application for service or assistance, and each related recertification, renewal, or change of address, cannot be completed until the individual is given the opportunity to decline to be registered to vote. Upon the expiration of the 30-day period which begins on the date a contributing agency as described in paragraph

(1)informs an individual of the information described in such paragraph, unless the individual has declined to be registered to vote or informs the agency that they are already registered to vote, each contributing agency shall electronically transmit to the appropriate State election official, in a format compatible with the statewide voter database maintained under section 303 of the Help America Vote Act of 2002 ( 52 U.S.C. 21083 ), the following information: 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. Except in the case in which the contributing agency is a covered institution of higher education, 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. With each application for service or assistance, and with each related recertification, renewal, or change of address, a contributing agency described in paragraph

(2)shall— complete the requirements of section 7(a)(6) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20506(a)(6) ); 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 (b)(3). The following contributing agencies are described in this paragraph: Any contributing agency (other than a contributing agency that is a covered institution of higher education) that in the normal course of its operations does not request individuals applying for service or assistance to affirm United States citizenship (either directly or as part of the overall application for service or assistance). A contributing agency described in subsection (e)(1)(B)(ii). Each contributing agency shall offer each individual, with each application for service or assistance, and with each related recertification, renewal, or change of address, or in the case of an institution of higher education, upon initial enrollment of a student, the opportunity to register to vote as prescribed by this section without regard to whether the individual previously declined a registration opportunity. In each State, each of the following agencies shall be treated as a contributing agency: Each agency in a State that is required by Federal law to provide voter registration services, including the State motor vehicle authority and other voter registration agencies under the National Voter Registration Act of 1993. Each agency in a State that administers a program pursuant to— title III of the Social Security Act ( 42 U.S.C. 501 et seq. ); title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); or the Patient Protection and Affordable Care Act ( Public Law 111–148 ). Each State agency primarily responsible for regulating the private possession of firearms. Each State agency primarily responsible for maintaining identifying information for students enrolled at public secondary schools, including, where applicable, the State agency responsible for maintaining the education data system described in section 6201(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 a 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. Any other agency of the State which is designated by the State as a contributing agency. In each State, each of the following agencies of the Federal Government shall be treated as a contributing agency with respect to individuals who are residents of that State (except as provided in subparagraph (C)): The Social Security Administration, the Department of Veterans Affairs, the Defense Manpower Data Center of the Department of Defense, the Employee and Training Administration of the Department of Labor, and the Center for Medicare & Medicaid Services of the Department of Health and Human Services. The Bureau of Citizenship and Immigration Services, but only with respect to individuals who have completed the naturalization process. In the case of an individual who is a resident of a State in which an individual disenfranchised by a criminal conviction under Federal law may become eligible to vote upon completion of a criminal sentence or any part thereof, or upon formal restoration of rights, the Federal agency responsible for administering that sentence or part thereof (without regard to whether the agency is located in the same State in which the individual is a resident), but only with respect to individuals who have completed the criminal sentence or any part thereof. Any other agency of the Federal government which the State designates as a contributing agency, but only if the State and the head of the agency determine that the agency collects information sufficient to carry out the responsibilities of a contributing agency under this section. Each covered institution of higher education shall be treated as a contributing agency in the State in which the institution is located with respect to in-State students. Notwithstanding section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ; commonly referred to as the Family Educational Rights and Privacy Act of 1974 ) or any other provision of law, each covered institution of higher education shall comply with the requirements of subsection

(b)with respect to each in-State student. In complying with such requirements, an institution of higher education— may use information provided in the Free Application for Federal Student Aid described in section 483 of the Higher Education Act of 1965 (20 U.S.C.1090) to collect information described in paragraph

(3)of such subsection

(b)for purposes of transmitting such information to the appropriate State election official pursuant to such paragraph; shall not be required to prevent or delay students from enrolling in a course of study or otherwise impede the completion of the enrollment process; shall not request information on the affiliation or enrollment with a political party of a student in accordance with subsection (b)(3)(G); and shall not withhold, delay, or impede the provision of Federal financial aid provided under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ). Nothing in this subtitle shall be construed to require an institution of higher education to request each student affirm whether or not the student is a United States citizen or otherwise collect information with respect to citizenship. Not later than 180 days prior to the date of each election for Federal office held in the State, the chief State election official shall publish on the public website of the official an updated list of all contributing agencies in that State. The chief State election official of each State, in collaboration with each contributing agency, shall take appropriate measures to educate the public about voter registration under this section. Section 1902(a)(7)(A) of the Social Security Act ( 42 U.S.C. 1396a(a)(7)(A) ) is amended— in clause (i), by striking ; and and inserting a semicolon; and by adding at the end the following new clause: the provision to an appropriate State election official, in accordance with subsection

(c)of section 113 of the Automatic Voter Registration Act of 2021, of information described in subsection (b)(3) of such section with respect to an applicant or recipient; and . In this section: The term covered institution of higher education means an institution of higher education that— has a program participation agreement in effect with the Secretary of Education under section 487 of the Higher Education Act of 1965 ( 20 U.S.C. 1094 ); and is located in a State to which section 4(b)(1) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20503(b)(1) ) does not apply. The term in-State student — means a student enrolled in a covered institution of higher education who, for purposes related to in-State tuition, financial aid eligibility, or other similar purposes, resides in the State; and includes a student described in subparagraph

(A)who is enrolled in a program of distance education, as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ).

Connectionstraces to 12

Traces to 12 documents

U.S. Code