
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1973gg-5]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 20--ELECTIVE FRANCHISE
 
               SUBCHAPTER I-H--NATIONAL VOTER REGISTRATION
 
Sec. 1973gg-5. Voter registration agencies


(a) Designation

    (1) Each State shall designate agencies for the registration of 
voters in elections for Federal office.
    (2) Each State shall designate as voter registration agencies--
        (A) all offices in the State that provide public assistance; and
        (B) all offices in the State that provide State-funded programs 
    primarily engaged in providing services to persons with 
    disabilities.

    (3)(A) In addition to voter registration agencies designated under 
paragraph (2), each State shall designate other offices within the State 
as voter registration agencies.
    (B) Voter registration agencies designated under subparagraph (A) 
may include--
        (i) State or local government offices such as public libraries, 
    public schools, offices of city and county clerks (including 
    marriage license bureaus), fishing and hunting license bureaus, 
    government revenue offices, unemployment compensation offices, and 
    offices not described in paragraph (2)(B) that provide services to 
    persons with disabilities; and
        (ii) Federal and nongovernmental offices, with the agreement of 
    such offices.

    (4)(A) At each voter registration agency, the following services 
shall be made available:
        (i) Distribution of mail voter registration application forms in 
    accordance with paragraph (6).
        (ii) Assistance to applicants in completing voter registration 
    application forms, unless the applicant refuses such assistance.
        (iii) Acceptance of completed voter registration application 
    forms for transmittal to the appropriate State election official.

    (B) If a voter registration agency designated under paragraph (2)(B) 
provides services to a person with a disability at the person's home, 
the agency shall provide the services described in subparagraph (A) at 
the person's home.
    (5) A person who provides service described in paragraph (4) shall 
not--
        (A) seek to influence an applicant's political preference or 
    party registration;
        (B) display any such political preference or party allegiance;
        (C) make any statement to an applicant or take any action the 
    purpose or effect of which is to discourage the applicant from 
    registering to vote; or
        (D) make any statement to an applicant or take any action the 
    purpose or effect of which is to lead the applicant to believe that 
    a decision to register or not to register has any bearing on the 
    availability of services or benefits.

    (6) A voter registration agency that is an office that provides 
service or assistance in addition to conducting voter registration 
shall--
        (A) distribute with each application for such service or 
    assistance, and with each recertification, renewal, or change of 
    address form relating to such service or assistance--
            (i) the mail voter registration application form described 
        in section 1973gg-7(a)(2) of this title, including a statement 
        that--
                (I) specifies 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; or

            (ii) the office's own form if it is equivalent to the form 
        described in section 1973gg-7(a)(2) of this title,

    unless the applicant, in writing, declines to register to vote;
        (B) provide a form that includes--
            (i) the question, ``If you are not registered to vote where 
        you live now, would you like to apply to register to vote here 
        today?'';
            (ii) if the agency provides public assistance, the 
        statement, ``Applying to register or declining to register to 
        vote will not affect the amount of assistance that you will be 
        provided by this agency.'';
            (iii) boxes for the applicant to check to indicate whether 
        the applicant would like to register or declines to register to 
        vote (failure to check either box being deemed to constitute a 
        declination to register for purposes of subparagraph (C)), 
        together with the statement (in close proximity to the boxes and 
        in prominent type), ``IF YOU DO NOT CHECK EITHER BOX, YOU WILL 
        BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS 
        TIME.'';
            (iv) the statement, ``If you would like help in filling out 
        the voter registration application form, we will help you. The 
        decision whether to seek or accept help is yours. You may fill 
        out the application form in private.''; and
            (v) the statement, ``If you believe that someone has 
        interfered with your right to register or to decline to register 
        to vote, your right to privacy in deciding whether to register 
        or in applying to register to vote, or your right to choose your 
        own political party or other political preference, you may file 
        a complaint with __________.'', the blank being filled by the 
        name, address, and telephone number of the appropriate official 
        to whom such a complaint should be addressed; and

        (C) provide to each applicant who does not decline to register 
    to vote the same degree of assistance with regard to the completion 
    of the registration application form as is provided by the office 
    with regard to the completion of its own forms, unless the applicant 
    refuses such assistance.

    (7) No information relating to a declination to register to vote in 
connection with an application made at an office described in paragraph 
(6) may be used for any purpose other than voter registration.

(b) Federal Government and private sector cooperation

    All departments, agencies, and other entities of the executive 
branch of the Federal Government shall, to the greatest extent 
practicable, cooperate with the States in carrying out subsection (a) of 
this section, and all nongovernmental entities are encouraged to do so.

(c) Armed Forces recruitment offices

    (1) Each State and the Secretary of Defense shall jointly develop 
and implement procedures for persons to apply to register to vote at 
recruitment offices of the Armed Forces of the United States.
    (2) A recruitment office of the Armed Forces of the United States 
shall be considered to be a voter registration agency designated under 
subsection (a)(2) of this section for all purposes of this subchapter.

(d) Transmittal deadline

    (1) Subject to paragraph (2), a completed registration application 
accepted at a voter registration agency shall be transmitted to the 
appropriate State election official not later than 10 days after the 
date of acceptance.
    (2) If a registration application is accepted within 5 days before 
the last day for registration to vote in an election, the application 
shall be transmitted to the appropriate State election official not 
later than 5 days after the date of acceptance.

(Pub. L. 103-31, Sec. 7, May 20, 1993, 107 Stat. 80.)

Ex. Ord. No. 12926. Implementation of National Voter Registration Act of 
                                  1993

    Ex. Ord. No. 12926, Sept. 12, 1994, 59 F.R. 47227, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including section 301 of title 
3, United States Code, and in order to ensure, as required by section 
7(b) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg) 
[42 U.S.C. 1973gg-5(b)] (``the Act''), that departments, agencies, and 
other entities of the executive branch of the Federal Government 
cooperate with the States in carrying out the Act's requirements, it is 
hereby ordered as follows:
    Section 1. Assistance to States. To the greatest extent practicable, 
departments, agencies, and other entities of the executive branch of the 
Federal Government that provide, in whole or in part, funding, grants, 
or assistance for, or with respect to the administration of, any program 
of public assistance or services to persons with disabilities within the 
meaning of section 7(a) of the Act shall: (a) provide, to State agencies 
administering any such program, guidance for the implementation of the 
requirements of section 7 of the Act, including guidance for use and 
distribution of voter registration forms in connection with applications 
for service;
    (b) assist each such State agency administering any such program 
with the costs of implementation of the Act [42 U.S.C. 1973gg et seq.], 
consistent with legal authority and the availability of funds, and 
promptly indicate to each State agency the extent to which such 
assistance will be made available; and
    (c) designate an office or staff to be available to provide 
technical assistance to such State agencies.
    Sec. 2. Armed Forces Recruitment Offices. The Secretary of Defense 
is directed to work with the appropriate State elections authorities in 
each State to develop procedures for persons to apply to register to 
vote at Armed Forces recruitment offices as required by section 7(c) of 
the Act.
    Sec. 3. Acceptance of Designation. To the greatest extent 
practicable, departments, agencies, or other entities of the executive 
branch of the Federal Government, if requested to be designated as a 
voter registration agency pursuant to section 7(a)(3)(B)(ii) of the Act, 
shall: (a) agree to such a designation if agreement is consistent with 
the department's, agency's, or entity's legal authority and availability 
of funds; and
    (b) ensure that all of its offices that are located in a particular 
State will have available to the public at least one of the national 
voter registration forms that are required under the Act to be available 
in that State.
                                                     William J. Clinton.

                  Section Referred to in Other Sections

    This section is referred to in sections 1973gg-1, 1973gg-2, 1973gg-6 
of this title.
