INSIGHTi
Voter Registration Agencies Under the
National Voter Registration Act of 1993
(NVRA)
Updated December 22, 2021
A key purpose of the National Voter Registration Act of 1993 (NVRA) was to expand access to voter
registration for federal elections, in part by providing registration opportunities at various government
agencies that people commonly visit for services. NVRA’s “motor voter” provisions require state
departments of motor vehicles (DMVs) to provide a simultaneous application for federal voter
registration alongside an application for a driver’s license. NVRA also requires that states designate other
state or local offices (and potentially federal or nongovernmental offices, with the agreement of those
offices) as voter registration agencies, which distribute voter registration applications; offer assistance for
applicants completing these forms; and transmit completed applications to the appropriate state election
official.
At times, Congress has shown interest in revising the NVRA voter registration agency requirements to,
for example, specify participation by certain agencies or modify the registration-related requirements for
designated voter registration agencies. On March 7, 2021, as part of Executive Order 14019 (Promoting
Access to Voting), President Biden directed all federal agencies to explore ways in which they could
provide access to voter registration alongside the provision of agency services and potentially participate
as an NVRA voter registration agency, if requested by a state. This Insight provides background on
NVRA’s voter registration agency requirements and briefly discusses related recent executive branch
actions and legislative proposals from the 117th Congress.
Federal Voter Registration Agency Provisions
NVRA contains two types of voter registration requirements for agencies: one specifically for state DMVs
and another for state-designated voter registration agencies. Section 5 of NVRA (52 U.S.C. §20504)
requires a process described as “simultaneous application” whereby state DMVs ask individuals whether
they would like to register to vote (or update an existing registration) on every motor vehicle license
application or renewal application.
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Section 7 of NVRA (52 U.S.C. §20506) also directs states to designate certain other agencies as voter
registration agencies, which must distribute voter registration applications; provide a form asking
whether an individual wants to register to vote and explaining additional information; assist applicants
with completing voter registration forms; and transmit completed applications to the appropriate state
election official within an established timeframe. Voter registration agencies may not use any information
related to an individual’s choice to decline a voter registration application or registration opportunity for
any purpose other than voter registration. NVRA specifies that a person providing assistance with
applications at a voter registration agency cannot attempt to influence an applicant’s political preference
or party registration; display a political preference or party allegiance; make a statement or action with the
purpose or effect of discouraging an applicant from registering to vote; or make a statement or action with
the purpose or effect of leading the applicant to believe decisions related to registration have any bearing
on the availability of agency benefits or services.
NVRA requires that voter registration agencies in states include all offices that provide public assistance
and those that primarily administer state-funded services to persons with disabilities. Recruitment offices
for the U.S. Armed Forces are also specified as voter registration agencies. Beyond these required entities,
states are directed to designate other offices within the state as voter registration agencies, as well as
federal and nongovernmental offices, with the agreement of those offices. To aid in this, NVRA directs
federal executive branch departments, agencies, and entities to cooperate with states “to the greatest
extent practicable” and encourages cooperation of nongovernmental offices as well. A separate provision
from the Higher Education Amendments of 1998 requires that covered colleges and universities in states
exempt from NVRA “make a good faith effort” to request and distribute mail-based voter registration
forms to enrolled students.
Recent Developments and Related Legislation
On March 7, 2021, as part of Executive Order 14019, President Biden directed the head of each federal
agency to evaluate ways to encourage voter registration, including “ways to provide access to voter
registration services and vote-by-mail ballot applications in the course of activities or services that
directly engage with the public,” and “to the greatest extent practicable, formally notify the States in
which the agency provides such services that it would agree to designation as a voter registration agency
pursuant to [NVRA].” Each agency head was directed to submit a strategic plan regarding voter
registration promotion to the assistant to the President for domestic policy within 200 days. These agency
plans were to include actions such as how to use agency websites and social media accounts to provide
voter registration information; ways to distribute and assist with voter registration applications in the
course of regular agency services; and consideration of whether any identity documents issued by the
agency could be used to meet state voter identification requirements. On September 28, the White House
released a fact sheet summarizing the action plans various federal agencies submitted to implement E.O.
14019.
Legislative options related to federal voter registration agencies under NVRA have also been introduced
in the 117th Congress. Generally, these measures would establish certain additional entities as NVRA
voter registration agencies and/or provide certain requirements for voter registration agencies. For
example, among other provisions, the Our Homes, Our Votes Act (H.R. 2215) would designate residential
dwelling owners under certain federally assisted housing programs as voter registration agencies; the Filer
Voter Act (H.R. 3288) would treat certain tax preparers as voter registration agencies; and the High
School Voter Empowerment Act of 2021 (H.R. 6293) would require states to designate public high
schools as voter registration agencies. Provisions in the For the People Act (H.R. 1, S. 1, S. 2093) and
Voter Empowerment Act (H.R. 2358, S. 954) would designate certain institutions of higher education as
voter registration agencies and specify certain additional requirements for those institutions. These bills
and the Restoring Faith in Elections Act (H.R. 102) would also require voter registration agencies to
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provide automatic voter registration. To date, H.R. 1 is the only one of these measures passed by either
chamber (agreed to by the House on March 3, 2021).
Author Information
Sarah J. Eckman
Analyst in American National Government
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