Voter registration through State motor vehicle authorities

(a) Streamlining existing procedures Section 5 of the National Voter Registration Act of 1993 (52 U.S.C. 20504) is amended to read as follows: 5. Voter registration through motor vehicle authority (a) Streamlined registration through application for driver’s license (1) In general Each State shall include a voter registration application form for elections for Federal office as part of an application for a State motor vehicle driver’s license for each applicable individual other than an applicable individual described in subsection (b)(1). (2) Forms and procedures The voter registration application portion of an application for a State motor vehicle driver's license— (A) may not require any information that duplicates information required in the driver's license portion of the form; (B) may require only the minimum amount of information necessary to— (i) prevent duplicate voter registrations; and (ii) enable State election officials to assess the eligibility of an applicable individual and to administer voter registration; (C) shall include a statement that— (i) states each eligibility requirement (including citizenship); (ii) contains an attestation that the applicant meets each such requirement; and (iii) requires the signature of the applicant, under penalty of perjury; (D) shall include— (i) a statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes; and (ii) a statement that if an applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes; and (E) shall be made available (as submitted by the applicant, or in machine readable or other format) to the appropriate State election official as provided by State law— (i) subject to clause (ii), not later than 10 days after the date of acceptance; or (ii) if a registration application is accepted within 5 days before the last day for registration to vote in an election, not later than 5 days after the date of acceptance. (3) Treatment of attestations of eligibility For purposes of an application for voter registration with respect to elections for Federal office in a State under this subsection, an attestation of eligibility, including an attestation that the applicant is a United States citizen, shall be treated as the presumptive minimum amount of information necessary for the State to assess the eligibility of an applicable individual to vote in such elections and for the State to administer voter registration, except that a State shall prevent the completion of or reject the voter registration application of an applicable individual based upon reliable information in its possession demonstrating that the individual is not a United States citizen or is otherwise ineligible to register to vote in elections for Federal office in the State at the time of the application for a motor vehicle driver’s license. (b) Automatic registration of eligible citizens (1) Duties of motor vehicle authority Each State motor vehicle authority shall transmit the voter registration information described in paragraph (2) with respect to an applicable individual to the appropriate election official if— (A) such individual has presented a document as part of an application for a State motor vehicle driver's license (including a document presented in a previous application retained by the State’s motor vehicle authority) demonstrating that the individual is a United States citizen; or (B) based on information provided to the State motor vehicle authority by the appropriate election official, such individual is currently registered to vote in elections for Federal office in the State. (2) Voter registration information described The voter registration information transmitted by the State motor vehicle authority described in this paragraph is, with respect to an applicable individual, the minimum amount of information necessary to— (A) prevent duplicate voter registrations; (B) enable State election officials to assess the eligibility of such an individual who is not at that time registered to vote in elections for Federal office in the State and to administer voter registration; and (C) enable State election officials to update the address of such an individual who is currently registered to vote in elections for Federal office in the State. (3) Deadline for transmission to election official The voter registration information described in paragraph (2) shall be made available (in machine readable or other format) to the appropriate State election official as provided by State law— (A) subject to subparagraph (B), not later than 10 days after the date of acceptance; or (B) if the voter registration information is accepted within 5 days before the last day for registration to vote in an election, not later than 5 days after the date of acceptance. (4) Determination of registration status by election officials receiving information Upon receiving the voter registration information with respect to an individual under paragraph (1), the appropriate State election official shall determine— (A) whether such individual is at that time registered to vote in elections for Federal office in the State; (B) if the individual is at that time registered to vote in such elections, the address at which the individual is registered; and (C) if the individual at that time is not registered to vote in elections for Federal office in the State, whether such individual is eligible to vote in such elections, including as provided by section 8(a)(3)(B) through the procedure set forth in section 303(a)(2)(A)(ii)(I) of the Help America Vote Act of 2002 (52 U.S.C. 21083(a)(2)(A)(ii)(I)). (5) Registration of eligible unregistered individuals (A) Notice In the case of an applicable individual who is determined by the appropriate State election official to be eligible to vote in elections for Federal office in the State and who is not at the time registered to vote in such elections, the appropriate State election official shall issue a notice, which may be combined with the notice described in section 8(a)(2), to the individual containing— (i) a statement that the individual's records and signature shall constitute a completed registration for the individual unless the individual notifies the election official in response to the notice that the individual declines to be registered to vote in elections for Federal office held in the State; and (ii) a description of the process by which the individual may decline to be registered to vote in elections for Federal office in the State. (B) Registration Upon the issuance of a notice to an individual under subparagraph (A), the official shall ensure that the individual is registered to vote in elections for Federal office held in the State unless in response to the notice, the individual notifies the official that the individual declines to be registered to vote in such elections. (C) Removal of individuals incorrectly registered If, after an individual is registered under subparagraph (B) to vote in elections for Federal office held in the State, the appropriate State election official later determines that the individual does not meet the eligibility requirements for registering to vote in such elections, including as provided by section 8(a)(3)(B) or as a result of error relating to the duties of the State motor vehicle authority under paragraph (1), the individual shall be removed from the official list of registered voters in the State and deemed never to have registered to vote or attempted to register to vote. (6) Correcting addresses of individuals registered at different addresses (A) Notice In the case of an applicable individual who is registered to vote in elections for Federal office in the State at a different address in the State than the address provided in the information transmitted under this subsection, the appropriate State election official shall issue a notice, which may be combined with the notice described in section 8(a)(2), to the individual containing— (i) a statement that the address provided in such information shall be used as the individual's address for voter registration purposes; and (ii) a description of the process by which the individual may correct an address for voter registration purposes. (B) Change of address Upon the issuance of a notice to an individual under subparagraph (A), the official shall ensure that the individual is registered to vote in elections for Federal office at the address provided in the information transmitted under this subsection unless the individual corrects the change of address for voter registration purposes. (7) Voter protections (A) Protections for errors in registration An individual shall not be prosecuted under any Federal or State law, adversely affected in any civil adjudication concerning immigration status or naturalization, or subject to an allegation in any legal proceeding that the individual is not a citizen of the United States on any of the following grounds: (i) The individual notified an election office of the individual’s automatic registration to vote under this subsection. (ii) The individual is not eligible to vote in elections for Federal office but was automatically registered to vote under this subsection due to agency error. (iii) The individual was automatically registered to vote under this subsection at an incorrect address. (iv) The individual did not make an affirmation of citizenship, including through automatic registration under this subsection. (B) Limits on use of automatic registration The automatic registration of any individual under this subsection or the fact that an individual did not make an affirmation of citizenship, including through automatic registration under this subsection, may not be used as evidence against that individual in any State or Federal law enforcement proceeding or any civil adjudication concerning immigration status or naturalization, and an individual’s lack of knowledge or willfulness of such registration may be demonstrated by the individual’s testimony alone. (C) Protection of election integrity Nothing in subparagraphs (A) or (B) may be construed to prohibit or restrict any action under color of law against an individual who— (i) knowingly and willfully makes a false statement to effectuate or perpetuate automatic voter registration under this subsection by any individual; or (ii) casts a ballot knowingly and willfully in violation of State law or the laws of the United States. (c) General provisions (1) Prohibiting transmission of information on noncitizens The State motor vehicle authority shall not transmit voter registration information under this section with respect to an applicable individual if, as part of the application for a State motor vehicle driver's license, the individual— (A) presents a document demonstrating that the individual is not a United States citizen at the time of the application; or (B) makes an attestation demonstrating that the individual is not a United States citizen at the time of the application, if such attestation is required by State law for purposes of the application for a State motor vehicle driver's license. (2) Limitation on use of information No information relating to the failure of an applicant for a State motor vehicle driver's license to sign a voter registration application or to an applicant’s decision to decline voter registration may be used for any purpose other than voter registration. (3) Applicable individual For purposes of this section, the term applicable individual means any individual who submits an application for a State motor vehicle driver’s license, including an initial application, renewal application, or change of address form, whether submitted in person, by mail, or by electronic means.. (b) Conforming Amendment Relating to Timing of Registration Prior to Elections Section 8(a)(1)(A) of such Act (52 U.S.C. 20507(a)(1)(A)) is amended to read as follows: (A) in the case of registration through a motor vehicle authority under section 5— (i) if the valid voter registration form of the applicant is submitted to the motor vehicle authority under such section not later than the lesser of 30 days, or the period provided by State law, before the date of the election; or (ii) in the case of registration under section 5(b), if the voter registration information described in section 5(b)(2) which is transmitted by the motor vehicle authority is submitted by the applicant to the authority not later than the lesser of 30 days, or the period provided by State law, before the date of the election; or. (c) Other Conforming Amendment Section 4(a)(1) of such Act (52 U.S.C. 20503(a)(1)) is amended to read as follows: (1) through the State motor vehicle authority pursuant to section 5;. (d) Effective date The amendments made by this section shall take effect upon the expiration of the 180-day period which begins on the date of the enactment of this Act.