INSIGHTi
Voter Registration: Overview of Federal
Involvement and Policy Considerations
October 21, 2022
Voter registration policies are largely determined by state and local governments, subject to certain federal
requirements, many of which are found in the National Voter Registration Act of 1993 (NVRA) and the
Help America Vote Act of 2002 (HAVA). For most Americans, registering to vote is a prerequisite for
voting in federal elections (North Dakota, however, does not require voter registration). In addition to
determining whether or not to require voter registration, states can vary on a number of elements related
to the registration process, including when or where registration occurs; certain qualifications for
registration; and how voters may be removed from the registration list. States or localities may also have
different policies affecting voter registration for state or local elections.
Existing Federal Voter Registration Statutes
Congress has sometimes passed legislation requiring certain uniform practices for federal elections, often
with provisions affecting voter registration. The Voting Rights Act of 1965 (VRA), as amended, for
example, prohibits any voting qualification, prerequisite, standard, practice, or procedure that results in
denial or abridgement of the right to vote based on race, color, or membership in a language minority. The
Voting Accessibility for the Elderly and Handicapped Act of 1984 (VAEHA) requires states to establish “a
reasonable number of accessible permanent registration facilities” and offer registration aids for elderly or
handicapped individuals to use. The Uniformed and Overseas Citizens Absentee Voting Act of 1986
(UOCAVA), among other provisions, requires states to accept and process any valid voter registration
applications received at least 30 days prior to a federal election from military or overseas voters and
created an official postcard form states accept for these individuals containing both a voter registration
application and an absentee ballot application.
NVRA represented a significantly expanded role for the federal government in voter registration. It
contained a number of provisions affecting how states conducted voter registration for federal elections,
including requirements that
states provide voter registration opportunities alongside services provided at departments
of motor vehicles (DMVs), often referred to as “motor-voter”;
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states designate other offices as voter registration agencies to provide forms, offer
assistance, and submit completed applications;
voters who move within a jurisdiction but do not have updated registration records are
provided an opportunity to update their address on Election Day and are provided options
for voting;
states accept a federally created mail-based voter registration form and ensure that any
state-created mail-based voter registration forms for federal elections meet similar
requirements;
states only remove names from their lists of eligible voters for specified reasons (death;
change of residence; or due to a felony conviction or mental incapacity if provided under
state law) and follow certain procedures when conducting voter registration list
maintenance and removing voters; and
states designate a chief state election official to coordinate state responsibilities related to
NVRA.
In addition to other election administration measures, HAVA contained a number of voter registration
provisions, including requirements that
states create a single, centralized, computerized statewide voter registration list to serve
as the official voter registration list for federal elections, containing certain specified
identifying information for each voter;
states may not accept or process voter registration applications for federal elections
unless the applicant provides a driver’s license number or the last four digits of a Social
Security number or the state assigns the applicant a unique identifying number;
certain new voters who submitted an application by mail must provide specified
identifying information when they vote for the first time in a federal election in the state
if such information was not provided with the application;
state DMV officials enter agreements with the Social Security Administration and the
chief state election official to verify and match certain applicant information;
states coordinate their computerized voter registration lists with state agency records on
felony status and state agency records on death; and
states must generally follow NVRA’s provisions for removing ineligible voters from the
statewide registration list and remove registered individuals who have not responded to a
mailed notice and who have not voted in two consecutive general federal elections, as
provided under NVRA.
HAVA also authorized grant funding to help states carry out its provisions. Through subsequent
legislation, Congress has sometimes appropriated funding under HAVA grant programs for states’ election
administration or security efforts, which may include activities related to voter registration administration.
Considerations for Policymakers
Policy debates related to voter registration reflect a variety of considerations. Expanded voter registration
opportunities or simplified registration processes, for example, are often proposed by those who seek to
increase voter participation and are related to issues of access to the ballot. Certain voter registration
practices or requirements, however, might also be viewed as necessary measures to prevent ineligible
individuals from voting or prevent instances of multiple voting. Voter registration records have been
targets of election interference efforts and are also often addressed in the context of
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election cybersecurity. Some concerns also exist over the appropriate use of voter registration records and
the personal information they contain.
Different perspectives also exist on whether, or to what degree, federal policies should address additional
elements of state and local election administration. Some policymakers view congressional involvement
in this area as an extension of the federal government’s role in upholding the constitutional right to vote
and preserving fair elections. Further federal involvement in voter registration, for example, might
provide greater uniformity across state practices, expanded registration opportunities, or improved
security for voter records. Other policymakers view existing practices as sufficient, given existing federal
voter registration policies and the long-standing role of state and local governments in election
administration, or note that there may be other considerations to weigh against perceived benefits of
federal voter registration policy changes. Requiring uniform standards across states, for example, may be
challenging and costly, due to the variety of election practices currently in place under state laws. Having
an array of voter registration systems may also limit the scope of any potential problems to a few states or
localities, rather than affecting all jurisdictions nationwide.
Congress routinely considers legislation that would affect federal voter registration, often as
proposals to amend NVRA or HAVA. Some bills reflect long-standing areas of congressional
interest, such as expanding registration opportunities or providing federal funding to help states
make certain election administration improvements. Some bills reflect more recent concerns
surrounding election security. Legislation proposing new federal requirements for registration
practices (such as those that would require or prohibit same-day voter registration, or automatic
voter registration, for example) may reflect views based on initiatives already in place across
certain states.
Author Information
Sarah J. Eckman
Analyst in American National Government
Disclaimer
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to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of
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