Federal Role in Voter Registration: The National Voter Registration Act of 1993 (NVRA) and Subsequent Developments (CRS Report for Congress)
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Release Date |
Revised April 29, 2024 |
Report Number |
R45030 |
Report Type |
Report |
Authors |
Eckman, Sarah J. |
Source Agency |
Congressional Research Service |
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Summary:
Historically, most aspects of election administration have been left to state and local
governments, resulting in a variety of practices across jurisdictions with respect to voter
registration. States can vary on a number of elements of the voter registration process, including
whether or not to require voter registration; where or when voter registration occurs; and how
voters may be removed from registration lists. The right of citizens to vote, however, is presented
in the U.S. Constitution in the 15th, 19th, and 26th Amendments. Beginning with the Voting Rights
Act (VRA) in 1965, Congress has sometimes passed legislation requiring certain uniform
practices for federal elections, intended to prevent any state policies that may result in the
disenfranchisement of eligible voters. The National Voter Registration Act (NVRA) was enacted
in 1993 and set forth a number of voter registration requirements for states to follow regarding
voter registration processes for federal elections.
NVRA is commonly referred to as the motor-voter bill, as it required states to provide voter
registration opportunities alongside services provided by departments of motor vehicles (DMVs),
although NVRA required other state and local offices providing public services to provide voter
registration opportunities as well. NVRA also created a federal mail-based voter registration form
that all states are required to accept and created criteria for state voter registration forms. Certain
procedures states must follow for performing voter registration list maintenance or removing
voters from registration lists are also set forth in NVRA. The Federal Election Commission (FEC)
provided guidance to state election officials and issued biennial reports to Congress on NVRA
implementation and voter registration in each state until these roles were transferred to the
Election Assistance Commission (EAC) in 2002.
NVRA remains a fundamental component of federal voter registration policy and has not
undergone many significant revisions since its enactment, though voter registration remains a
subject of interest to Congress. The Help America Vote Act (HAVA) of 2002 enacted a number of
election administration measures, several of which were based on recommendations from the
FEC’s biennial NVRA reports, and affected federal voter registration. These included the
computerization of state voter lists; grants to states for election technology upgrades; changes to
the federal mail-based voter registration form; and the transfer of the FEC’s role in administering
NVRA to the newly created EAC. More comprehensive information on HAVA can be found in
CRS Report RS20898, The Help America Vote Act and Election Administration: Overview and
Selected Issues for the 2016 Election.
In the first session of the 115th Congress, 38 bills were introduced related to federal voter
registration or NVRA. Some of these measures are narrow in scope, whereas others are more
comprehensive electoral reforms. Many of these bills seek to expand the ways in which states
must allow individuals to register to vote. This can include adding other public service agencies
to the list of NVRA voter registration agencies, or requiring online voter registration, same-day
voter registration, preregistration of teenagers not yet eligible to vote, or automatic voter
registration. A number of other bills reflect ongoing concerns about the technology used to
maintain voter registration data and about balancing the efficiency technology provides for
citizens and election officials with sufficient cybersecurity protections.