Federal voter registration form The NVRA requires States to "accept and use" a uniform federal form to register voters for federal elections. 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. 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. The "motor voter" nickname came from the idea that most of the NVRA data was accumulated from applicants renewing or obtaining driver's licenses.
Mail voter registration Section 6 of the act allows voter registration applicants to submit their voter registration forms by mail. 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.
Other provisions 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 moved within a district or a precinct will retain the right to vote even if they have not re-registered at their new address. ==Compliance==