Sec. 112. General requirements for administration of voter registration

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In the administration of voter registration for elections for Federal office, each State shall— ensure that any eligible applicant is registered to vote in an election if the applicant’s voter registration form is authenticated by the chief State election official of the State and— in the case of registration with a motor vehicle application under section 5 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20504 ), if the applicant submits the valid voter registration form and required documentary proof described in paragraph

(5)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 in the case of registration with a motor vehicle application under section 5 of such Act; in the case of registration by mail under section 6 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20505 ), if the valid voter registration form and required documentary proof described in paragraph

(5)of the applicant are postmarked not later than the lesser of 30 days, or the period provided by State law, before the date of the election; in the case of registration at a voter registration agency, if the valid voter registration form and required documentary proof described in paragraph

(5)of the applicant are 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 in any other case, if the valid voter registration form and required documentary proof described in paragraph

(5)of the applicant are 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; require the appropriate State election official to send notice to each applicant of the disposition of the application; provide that the name of a registrant may not be removed from the official list of eligible voters except pursuant to a reason described in section 113(a)(1); take such affirmative steps as are necessary to remove ineligible voters pursuant to the requirements under section 113 ; ensure that the State does not accept and process an application to register to vote in an election for Federal office unless the applicant satisfies the eligibility requirements as described in subsection (c)(1) , including with respect to the presentation of documentary proof of United States citizenship; inform applicants under sections 5, 6, and 7 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20504 , 20505, and 20506) of— voter eligibility requirements; and penalties provided by law for submission of a false voter registration application; and ensure that the identity of the voter registration agency through which any particular registrant is registered is not disclosed to the public. Any State program or activity to protect the integrity of the electoral process by ensuring the maintenance of an accurate and current voter registration roll for elections for Federal office— shall be uniform, nondiscriminatory, and in compliance with the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ); and shall not result in the removal of the name of any person from the official list of voters registered to vote in an election for Federal office by reason of the person's failure to vote, except as otherwise provided under subsections (a)(2) and

(d)of section 113 . Except as provided in subparagraph

(B), notwithstanding any other provision of law, an application for voter registration for an election for Federal office, including an application using the mail voter registration form developed under section 6 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20505 ), may not be accepted or processed by a State unless the application includes documentary proof of United States citizenship and— the last 4 digits of the applicant’s social security number; and a current and valid driver’s license or other documentary proof of residence in the State. If an applicant for voter registration for an election for Federal office has not been issued a social security number or a current and valid driver’s license, the State shall assign the applicant a number which will serve to identify the applicant for voter registration purposes. To the extent that the State has a computerized list in effect pursuant to section 114 and the list assigns unique identifying numbers to registrants, the number assigned under this clause shall be the unique identifying number assigned under the list. The State shall determine whether the information provided by an individual is sufficient to meet the requirements of this paragraph, in accordance with State law. To the extent required to verify the accuracy of the information provided on applications for voter registration and to receive such pertinent information and data as is necessary to ascertain the eligibility of applicants to register to vote and maintain voter eligibility records— the chief State election official and the official responsible for the State motor vehicle authority of a State shall enter into an agreement to match information in the database of the statewide voter registration system with information in the database of the motor vehicle authority; the official responsible for the State motor vehicle authority shall enter into an agreement with the Commissioner of Social Security under section 205(r)(8) of the Social Security Act; the chief State election official of each State shall enter into an agreement with the Attorney General to promptly transmit and receive data regarding felony convictions and incarcerations; and the chief State election official of each State shall enter into an agreement with the Secretary for Homeland Security to promptly transmit and receive records and data pertaining to citizenship, naturalization, and applications for citizenship. In the case of a State which is permitted to use social security numbers, and provides for the use of social security numbers, on applications for voter registration, in accordance with section 7 of the Privacy Act of 1974 ( 5 U.S.C. 552a note), the provisions of this subsection shall be optional. The last 4 digits of a social security number described in subsection (c)(1)(A)(i) shall not be considered to be a social security number for purposes of section 7 of the Privacy Act of 1974 ( 5 U.S.C. 552a note). Subject to any relevant guidance adopted by the Election Assistance Commission, each State shall establish a process under which an applicant who cannot provide documentary proof of United States citizenship under subsection (c)(1)(A) may, if the applicant signs an attestation under penalty of perjury that the applicant is a citizen of the United States and eligible to vote in elections for Federal office, submit such other evidence to the appropriate State or local official demonstrating that the applicant is a citizen of the United States and such official shall make a determination as to whether the applicant has sufficiently established United States citizenship for purposes of registering to vote in elections for Federal office in the State. If a State or local official makes a determination under subparagraph

(A)that an applicant has sufficiently established United States citizenship for purposes of registering to vote in elections for Federal office in the State, such determination shall be accompanied by an affidavit developed under subparagraph

(C)signed by the official swearing or affirming the applicant sufficiently established United States citizenship for purposes of registering to vote. The Election Assistance Commission shall develop a uniform affidavit for use by State and local officials under subparagraph

(B), which shall— include an explanation of the minimum standards required for a State or local official to register an applicant who cannot provide documentary proof of United States citizenship to vote in elections for Federal office in the State; and require the official to explain the basis for registering such applicant to vote in such elections. Subject to any relevant guidance adopted by the Election Assistance Commission, each State shall establish a process under which an applicant can provide such additional documentation to the appropriate election official of the State as may be necessary to establish that the applicant is a citizen of the United States in the event of a discrepancy with respect to the applicant’s documentary proof of United States citizenship. At the request of a State election official (including a request related to a process established by a State under paragraph

(1)or (2)), any head of a Federal department or agency possessing information relevant to determining the eligibility of an individual to vote in elections for Federal office shall, not later than 24 hours after receipt of such request, provide the official with such information as may be necessary to enable the official to verify that an applicant for voter registration in elections for Federal office held in the State or a registrant on the official list of eligible voters in elections for Federal office held in the State is a citizen of the United States, which shall include providing the official with such batched information as may be requested by the official. The Secretary of Homeland Security may respond to a request received under subparagraph

(A)by using the system for the verification of immigration status under the applicable provisions of section 1137 of the Social Security Act ( 42 U.S.C. 1320b-7 ), as established pursuant to section 121(c) of the Immigration Reform and Control Act of 1986 ( Public Law 99–603 ). The heads of Federal departments and agencies shall share information with each other with respect to an individual who is the subject of a request received under subparagraph

(A)in order to enable them to respond to the request. The Secretary of Homeland Security shall conduct an investigation to determine whether to initiate removal proceedings under section 239 of the Immigration and Nationality Act ( 8 U.S.C. 1229 ) if it is determined pursuant to subparagraph

(A)or

(B)that an alien (as such term is defined in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 )) is unlawfully registered to vote in elections for Federal office. The head of a Federal department or agency may not charge a fee for responding to a State’s request under subparagraph

(A). Notwithstanding the requirements of subsection (c)(1)(A) , a State shall accept and process an application to register to vote in an election for Federal office if the applicant— presents with the application documentation that would constitute documentary proof of United States citizenship, except that the name on the documentation is not the name of the applicant; and provides, through a process established by the State (which shall be subject to any relevant guidance adopted by the Election Assistance Commission)— additional documentation as necessary to establish that the name on the documentation is a previous name of the applicant; or an affidavit signed by the applicant attesting that the name on the documentation is a previous name of the applicant. Section 5 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20504 ) is amended— in subsection (a)(1), by striking Each State motor vehicle driver's license application and inserting Subject to the requirements under section 112(c) of the ; Make Elections Great Again Act , each State motor vehicle driver's license application in subsection (c)(1), by striking Each State shall include and inserting Subject to the requirements under section 112(c) of the ; Make Elections Great Again Act , each State shall include in subsection (c)(2)(B)— in clause (i), by striking and at the end; in clause (ii), by adding and at the end; and by adding at the end the following new clause: verify that the applicant is a citizen of the United States; ; in subsection (c)(2)(C)(i), by striking (including citizenship) and inserting , including the requirement that the applicant provides documentary proof of United States citizenship ; and in subsection (c)(2)(D)(iii), by striking ; and and inserting , other than as evidence in a criminal proceeding or immigration proceeding brought against an applicant who knowingly attempts to register to vote and knowingly makes a false declaration under penalty of perjury that the applicant meets the eligibility requirements to register to vote in an election for Federal office; and . Section 6 of such Act ( 52 U.S.C. 20505 ) is amended— in subsection (a)(1)— by striking Each State shall accept and use and inserting Subject to the requirements under section 112(c) of the ; and Make Elections Great Again Act , each State shall accept and use by striking Federal Election Commission and inserting Election Assistance Commission ; in subsection (b), by adding at the end the following: The chief State election official of a State shall take such steps as may be necessary to ensure that residents of the State are aware of the requirement to provide documentary proof of United States citizenship to register to vote in elections for Federal office in the State. ; and in subsection (c)(1)— in subparagraph (A), by striking and at the end; in subparagraph

(B)by striking the period at the end and inserting ; and ; and by adding at the end the following new subparagraph: the person did not provide documentary proof of United States citizenship when registering to vote. . Section 7 of such Act ( 52 U.S.C. 20506 ) is amended— in subsection (a)— in paragraph (4)(A), by adding at the end the following new clause: Receipt of documentary proof of United States citizenship of each applicant to register to vote in elections for Federal office in the State. ; and in paragraph (6)— in subparagraph (A)(i)(I), by striking (including citizenship) and inserting , including the requirement that the applicant provides documentary proof of United States citizenship ; and by redesignating subparagraph

(B)as subparagraph (C); and by inserting after subparagraph

(A)the following new subparagraph: ask the applicant the question, Are you a citizen of the United States? and if the applicant answers in the affirmative require documentary proof of United States citizenship prior to providing the form under subparagraph (C); ; and in subsection (c)(1), by inserting who are citizens of the United States after for persons . Section 12(2) of such Act ( 52 U.S.C. 20511(2) ) is amended— by striking or at the end of subparagraph (A); by redesignating subparagraph

(B)as subparagraph (D); and by inserting after subparagraph

(A)the following new subparagraphs: in the case of an officer or employee of the executive branch, providing material assistance to a noncitizen in attempting to register to vote or vote in an election for Federal office; registering an applicant to vote in an election for Federal office who fails to present documentary proof of United States citizenship; or . Subsection

(b)of section 4 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20503 ) is amended by striking This Act does not apply to a State and inserting Except with respect to the requirements under section 112(c) and section 113(j) of the . Make Elections Great Again Act in the case of a State described in paragraph (2), this Act does not apply to a State Section 4 of such Act ( 52 U.S.C. 20503 ) is amended by adding at the end the following new subsection: Section 112(c) and section 113(j) of the Make Elections Great Again Act shall not apply to a State described in subsection (b)(2) if the State, by law or regulation, adopts requirements which are identical to the requirements under such subsections not later than 60 days prior to the date of the first election for Federal office which is held in the State after the date of the enactment of this subsection. .

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