Sec. 115. Requirements for applicants who register by mail
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/bill/119/hr/7300/ih/section-115A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A mail voter registration form developed under section 6 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20505 )— may require only such identifying information (including the signature of the applicant) and other information (including data relating to previous registration by the applicant), as is necessary to enable the appropriate State election official to assess the eligibility of the applicant and to administer voter registration and other parts of the election process; shall include a statement that— specifies each eligibility requirement (including citizenship and an explanation of what is required to present documentary proof of United States citizenship); contains an attestation that the applicant meets each such requirement; and requires the signature of the applicant, under penalty of perjury; may not include any requirement for notarization or other formal authentication; shall include a section, for use only by a State or local election official, to record the type of document the applicant presented as documentary proof of United States citizenship, including the date of issuance, the date of expiration (if any), the office which issued the document, and any unique identification number associated with the document; and shall include, in print that is identical to that used in the attestation portion of the application— the information required in subparagraphs
(A)and
(B)of section 112(a)(6); a statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes; a statement that if an applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes, other than as evidence in a criminal proceeding or immigration proceeding brought against an applicant who attempts to register to vote and 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; the question Are you a citizen of the United States of America? and boxes for the applicant to check to indicate whether the applicant is or is not a citizen of the United States; the question Will you be 18 years of age on or before election day? and boxes for the applicant to check to indicate whether or not the applicant will be 18 years of age or older on election day; the statement If you checked ; no in response to either of these questions, do not complete this form. the question If you checked and boxes for the applicant to check to indicate whether the applicant does or does not have documentary proof for any affirmative response to either question; and yes in response to either of those questions, do you have documentary proof of such response? a statement informing the individual that if the form is submitted by mail and the individual is registering for the first time, the appropriate information required under this section must be submitted with the mail voter registration form in order to avoid the additional identification requirements upon voting for the first time. If an applicant for voter registration fails to answer the question included on the mail voter registration form pursuant to paragraph (1)(E)(iv) , the registrar shall notify the applicant of the failure and provide the applicant with an opportunity to complete the form in a timely manner to allow for the completion of the registration form prior to the next election for Federal office (subject to State law). An applicant who submits the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20508 ) shall not be registered to vote in an election for Federal office unless— the applicant provides with such application documentary proof of United States citizenship pursuant to the requirements under section 112(c)(1) or presents such documentary proof in person to the office of the appropriate election official not later than the deadline provided by State law for the receipt of a completed voter registration application for the election; or in the case of a State which permits an individual to register to vote in an election for Federal office at a polling place on the day of the election and on any day when voting, including early voting, is permitted for the election, the applicant presents documentary proof of United States citizenship to the appropriate election official at the polling place not later than the date of the election. Upon receiving an otherwise completed mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2) of such Act that does not include documentary proof of United States citizenship, the appropriate election official shall transmit a notice to the applicant of the requirement to present documentary proof of United States citizenship under this subsection, and shall include in the notice instructions to enable the applicant to meet the requirement. Each State shall, in consultation with the Election Assistance Commission, ensure that reasonable accommodations are made to allow an individual with a disability who submits the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2) of such Act to present documentary proof of United States citizenship to the appropriate election official. Nothing in this section shall be construed to prevent the chief State election official of a State from requiring documentary proof for purposes of confirming an applicant’s eligibility to vote in elections for Federal office in the State. Each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2027, and shall be prepared to receive registration materials submitted by individuals described in paragraph
(2)on and after the date described in such subparagraph. The provisions of this section shall apply to any individual who registers to vote on or after January 1, 2027.
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