
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-6]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 20--ELECTIVE FRANCHISE
 
               SUBCHAPTER I-H--NATIONAL VOTER REGISTRATION
 
Sec. 1973gg-6. Requirements with respect to administration of 
        voter registration
        

(a) In general

    In the administration of voter registration for elections for 
Federal office, each State shall--
        (1) ensure that any eligible applicant is registered to vote in 
    an election--
            (A) in the case of registration with a motor vehicle 
        application under section 1973gg-3 of this title, if the valid 
        voter registration form of the applicant is submitted to the 
        appropriate State motor vehicle authority not later than the 
        lesser of 30 days, or the period provided by State law, before 
        the date of the election;
            (B) in the case of registration by mail under section 
        1973gg-4 of this title, if the valid voter registration form of 
        the applicant is postmarked not later than the lesser of 30 
        days, or the period provided by State law, before the date of 
        the election;
            (C) in the case of registration at a voter registration 
        agency, if the valid voter registration form of the applicant is 
        accepted at the voter registration agency not later than the 
        lesser of 30 days, or the period provided by State law, before 
        the date of the election; and
            (D) in any other case, if the valid voter registration form 
        of the applicant is received by the appropriate State election 
        official not later than the lesser of 30 days, or the period 
        provided by State law, before the date of the election;

        (2) require the appropriate State election official to send 
    notice to each applicant of the disposition of the application;
        (3) provide that the name of a registrant may not be removed 
    from the official list of eligible voters except--
            (A) at the request of the registrant;
            (B) as provided by State law, by reason of criminal 
        conviction or mental incapacity; or
            (C) as provided under paragraph (4);

        (4) conduct a general program that makes a reasonable effort to 
    remove the names of ineligible voters from the official lists of 
    eligible voters by reason of--
            (A) the death of the registrant; or
            (B) a change in the residence of the registrant, in 
        accordance with subsections (b), (c), and (d) of this section;

        (5) inform applicants under sections 1973gg-3, 1973gg-4, and 
    1973gg-5 of this title of--
            (A) voter eligibility requirements; and
            (B) penalties provided by law for submission of a false 
        voter registration application; and

        (6) ensure that the identity of the voter registration agency 
    through which any particular voter is registered is not disclosed to 
    the public.

(b) Confirmation of voter registration

    Any State program or activity to protect the integrity of the 
electoral process by ensuring the maintenance of an accurate and current 
voter registration roll for elections for Federal office--
        (1) shall be uniform, nondiscriminatory, and in compliance with 
    the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.); and
        (2) shall not result in the removal of the name of any person 
    from the official list of voters registered to vote in an election 
    for Federal office by reason of the person's failure to vote.

(c) Voter removal programs

    (1) A State may meet the requirement of subsection (a)(4) of this 
section by establishing a program under which--
        (A) change-of-address information supplied by the Postal Service 
    through its licensees is used to identify registrants whose 
    addresses may have changed; and
        (B) if it appears from information provided by the Postal 
    Service that--
            (i) a registrant has moved to a different residence address 
        in the same registrar's jurisdiction in which the registrant is 
        currently registered, the registrar changes the registration 
        records to show the new address and sends the registrant a 
        notice of the change by forwardable mail and a postage prepaid 
        pre-addressed return form by which the registrant may verify or 
        correct the address information; or
            (ii) the registrant has moved to a different residence 
        address not in the same registrar's jurisdiction, the registrar 
        uses the notice procedure described in subsection (d)(2) of this 
        section to confirm the change of address.

    (2)(A) A State shall complete, not later than 90 days prior to the 
date of a primary or general election for Federal office, any program 
the purpose of which is to systematically remove the names of ineligible 
voters from the official lists of eligible voters.
    (B) Subparagraph (A) shall not be construed to preclude--
        (i) the removal of names from official lists of voters on a 
    basis described in paragraph (3)(A) or (B) or (4)(A) of subsection 
    (a) of this section; or
        (ii) correction of registration records pursuant to this 
    subchapter.

(d) Removal of names from voting rolls

    (1) A State shall not remove the name of a registrant from the 
official list of eligible voters in elections for Federal office on the 
ground that the registrant has changed residence unless the registrant--
        (A) confirms in writing that the registrant has changed 
    residence to a place outside the registrar's jurisdiction in which 
    the registrant is registered; or
        (B)(i) has failed to respond to a notice described in paragraph 
    (2); and
        (ii) has not voted or appeared to vote (and, if necessary, 
    correct the registrar's record of the registrant's address) in an 
    election during the period beginning on the date of the notice and 
    ending on the day after the date of the second general election for 
    Federal office that occurs after the date of the notice.

    (2) A notice is described in this paragraph if it is a postage 
prepaid and pre-addressed return card, sent by forwardable mail, on 
which the registrant may state his or her current address, together with 
a notice to the following effect:
        (A) If the registrant did not change his or her residence, or 
    changed residence but remained in the registrar's jurisdiction, the 
    registrant should return the card not later than the time provided 
    for mail registration under subsection (a)(1)(B) of this section. If 
    the card is not returned, affirmation or confirmation of the 
    registrant's address may be required before the registrant is 
    permitted to vote in a Federal election during the period beginning 
    on the date of the notice and ending on the day after the date of 
    the second general election for Federal office that occurs after the 
    date of the notice, and if the registrant does not vote in an 
    election during that period the registrant's name will be removed 
    from the list of eligible voters.
        (B) If the registrant has changed residence to a place outside 
    the registrar's jurisdiction in which the registrant is registered, 
    information concerning how the registrant can continue to be 
    eligible to vote.

    (3) A voting registrar shall correct an official list of eligible 
voters in elections for Federal office in accordance with change of 
residence information obtained in conformance with this subsection.

(e) Procedure for voting following failure to return card

    (1) A registrant who has moved from an address in the area covered 
by a polling place to an address in the same area shall, notwithstanding 
failure to notify the registrar of the change of address prior to the 
date of an election, be permitted to vote at that polling place upon 
oral or written affirmation by the registrant of the change of address 
before an election official at that polling place.
    (2)(A) A registrant who has moved from an address in the area 
covered by one polling place to an address in an area covered by a 
second polling place within the same registrar's jurisdiction and the 
same congressional district and who has failed to notify the registrar 
of the change of address prior to the date of an election, at the option 
of the registrant--
        (i) shall be permitted to correct the voting records and vote at 
    the registrant's former polling place, upon oral or written 
    affirmation by the registrant of the new address before an election 
    official at that polling place; or
        (ii)(I) shall be permitted to correct the voting records and 
    vote at a central location within the same registrar's jurisdiction 
    designated by the registrar where a list of eligible voters is 
    maintained, upon written affirmation by the registrant of the new 
    address on a standard form provided by the registrar at the central 
    location; or
        (II) shall be permitted to correct the voting records for 
    purposes of voting in future elections at the appropriate polling 
    place for the current address and, if permitted by State law, shall 
    be permitted to vote in the present election, upon confirmation by 
    the registrant of the new address by such means as are required by 
    law.

    (B) If State law permits the registrant to vote in the current 
election upon oral or written affirmation by the registrant of the new 
address at a polling place described in subparagraph (A)(i) or 
(A)(ii)(II), voting at the other locations described in subparagraph (A) 
need not be provided as options.
    (3) If the registration records indicate that a registrant has moved 
from an address in the area covered by a polling place, the registrant 
shall, upon oral or written affirmation by the registrant before an 
election official at that polling place that the registrant continues to 
reside at the address previously made known to the registrar, be 
permitted to vote at that polling place.

(f) Change of voting address within a jurisdiction

    In the case of a change of address, for voting purposes, of a 
registrant to another address within the same registrar's jurisdiction, 
the registrar shall correct the voting registration list accordingly, 
and the registrant's name may not be removed from the official list of 
eligible voters by reason of such a change of address except as provided 
in subsection (d) of this section.

(g) Conviction in Federal court

    (1) On the conviction of a person of a felony in a district court of 
the United States, the United States attorney shall give written notice 
of the conviction to the chief State election official designated under 
section 1973gg-8 of this title of the State of the person's residence.
    (2) A notice given pursuant to paragraph (1) shall include--
        (A) the name of the offender;
        (B) the offender's age and residence address;
        (C) the date of entry of the judgment;
        (D) a description of the offenses of which the offender was 
    convicted; and
        (E) the sentence imposed by the court.

    (3) On request of the chief State election official of a State or 
other State official with responsibility for determining the effect that 
a conviction may have on an offender's qualification to vote, the United 
States attorney shall provide such additional information as the United 
States attorney may have concerning the offender and the offense of 
which the offender was convicted.
    (4) If a conviction of which notice was given pursuant to paragraph 
(1) is overturned, the United States attorney shall give the official to 
whom the notice was given written notice of the vacation of the 
judgment.
    (5) The chief State election official shall notify the voter 
registration officials of the local jurisdiction in which an offender 
resides of the information received under this subsection.

(h) Omitted

(i) Public disclosure of voter registration activities

    (1) Each State shall maintain for at least 2 years and shall make 
available for public inspection and, where available, photocopying at a 
reasonable cost, all records concerning the implementation of programs 
and activities conducted for the purpose of ensuring the accuracy and 
currency of official lists of eligible voters, except to the extent that 
such records relate to a declination to register to vote or to the 
identity of a voter registration agency through which any particular 
voter is registered.
    (2) The records maintained pursuant to paragraph (1) shall include 
lists of the names and addresses of all persons to whom notices 
described in subsection (d)(2) of this section are sent, and information 
concerning whether or not each such person has responded to the notice 
as of the date that inspection of the records is made.

(j) ``Registrar's jurisdiction'' defined

    For the purposes of this section, the term ``registrar's 
jurisdiction'' means--
        (1) an incorporated city, town, borough, or other form of 
    municipality;
        (2) if voter registration is maintained by a county, parish, or 
    other unit of government that governs a larger geographic area than 
    a municipality, the geographic area governed by that unit of 
    government; or
        (3) if voter registration is maintained on a consolidated basis 
    for more than one municipality or other unit of government by an 
    office that performs all of the functions of a voting registrar, the 
    geographic area of the consolidated municipalities or other 
    geographic units.

(Pub. L. 103-31, Sec. 8, May 20, 1993, 107 Stat. 82.)

                       References in Text

    The Voting Rights Act of 1965, referred to in subsec. (b)(1), is 
Pub. L. 89-110, Aug. 6, 1965, 79 Stat. 437, as amended, which is 
classified generally to subchapters I-A (Sec. 1973 et seq.), I-B 
(Sec. 1973aa et seq.), and I-C (Sec. 1973bb et seq.) of this chapter. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 1973 of this title and Tables.

                          Codification

    Section is comprised of section 8 of Pub. L. 103-31. Subsec. (h) of 
section 8 of Pub. L. 103-31 enacted section 3629 of Title 39, Postal 
Service, and amended sections 2401 and 3627 of Title 39.

                  Section Referred to in Other Sections

    This section is referred to in sections 1973gg-3, 1973gg-4, 1973gg-7 
of this title.
