National Voter Registration Act of 1993

The NVRA requires States to "accept and use" a uniform federal form to register voters for federal elections.[9] The National Mail Voter Registration Form (commonly referred to as the "Federal Form") was developed by the Federal Election Commission (FEC), but an amendment in the Help America Vote Act of 2002 transferred the FEC's responsibilities under the NVRA to the Election Assistance Commission (EAC). The federal form can be used by voter registration applicants as an alternative to state voter registration forms. The federal form requires that an applicant say, under penalty of perjury, various matters including that he or she is a citizen.

Between 2004 and 2013, Arizona required voter-registration officials to "reject" any application for registration, including a federal form, that was not accompanied by documentary proof of citizenship, such as a birth certificate. A group of Arizona residents and a group of nonprofit organizations challenged this Arizona law in federal court. The District Court ruled in favour of the Arizona law. The Ninth Circuit reversed, holding that the state's documentary proof-of-citizenship requirement was disallowed by the federal act.[10] On June 17, 2013, the United States Supreme Court ruled against Arizona in Arizona v. Inter Tribal Council of Ariz., Inc. (2013). In a 7–2 decision written by Justice Antonin Scalia, the court held that the NVRA's mandate that states "accept and use" the federal form disallowed Arizona's documentary proof-of-citizenship requirement.[10]

Section 5 of the Act requires state motor vehicle offices to provide an opportunity for voter registration to anyone at the same time that they apply for a new or renewed driver's license or state identification card, and to require the state to forward the completed application to the appropriate State or local election official.

The Act reduces costs to the state of voter registration by accumulating individual data when applying for a drivers license or receiving social assistance.[11] The "motor voter" nickname came from the idea that most of the NVRA data was accumulated from applicants renewing or obtaining driver's licenses.[11]

Section 7 of the Act requires state agencies that provide public assistance – including those that administer federal assistance programs, such as food stamps, Medicaid, TANF, and WIC, and disability offices – to assist their applicants and clients in registering to vote during the application process.[12] Each applicant for any of these services, renewal of services, or address changes must be provided with a voter registration form as well as assistance in completing the form and forwarding the completed application to the appropriate State or local election official.

The Federal Voting Assistance Program (FVAP) is responsible for administering NVRA for U.S. citizens abroad. FVAP allows eligible citizens to register to vote at 6000 Armed Forces recruitment offices nationwide.[13]

Section 6 of the Act allows voter registration applicants to submit their voter registration forms by mail.[14] It provides that citizens can register to vote by mail using mail-in-forms developed by each state and the Election Assistance Commission.

In 2004, the Nu Mu Lambda chapter of Alpha Phi Alpha fraternity held a voter registration drive in DeKalb County, Georgia, from which Georgia Secretary of State Cathy Cox (Dem.) rejected all 63 voter registration applications on the basis that the fraternity did not follow correct procedures, including obtaining specific pre-clearance from the state to conduct their drive. Nu Mu Lambda filed Charles H. Wesley Education Foundation v. Cathy Cox (Wesley v. Cox) on the basis that Georgia's long-standing policy and practice of rejecting mail-in voter registration applications that were submitted in bundles, by persons other than registrars, deputy registrars, or "authorized persons", violated the requirements of the National Voter Registration Act by undermining voter registration drives. A senior U.S. district judge upheld earlier federal court decisions in the case, which also found private entities have a right, under the federal law, to engage in organized voter registration activity in Georgia at times and locations of their choosing, without the presence or permission of state or local election officials.[15]

Section 8 of the Act sets out requirements for how states maintain voter registration lists for federal elections. The Act deems as timely those valid voter registration applications by eligible applicants submitted to designated state and local officials, or postmarked if submitted by mail, at least 30 days before a federal election. The Act also requires the notification of all applicants of whether their voter registration applications were accepted or rejected.

The Act requires states to keep voter registration lists accurate and current, such as identifying persons who have become ineligible due to having died or moved outside the jurisdiction. At the same time, the Act requires list maintenance programs to incorporate specific safeguards, e.g., they must be uniform, non-discriminatory, in compliance with the Voting Rights Act, and not be undertaken within 90 days of a federal election.

The removal of voters for non-voting or for having moved can only be done after meeting the requirements set out in the Act. Voters can be removed from registration lists when they have been convicted of a disqualifying crime or adjudged mentally incapacitated, where such removals are allowed by state law. The NVRA also provides additional safeguards under which registered voters would be able to vote notwithstanding a change in address in certain circumstances, such as when a voter has move within a district or a precinct will retain the right to vote even if they have not re-registered at their new address.