http://www.truthout.org/docs_05/011105W.shtml
Interview from Camp Kerry
By William Rivers Pitt
t r u t h o u t | Interview
Monday 10 January 2005
I spent some time today with Cameron Kerry, the younger brother of Senator John Kerry. A May 04 2004 Boston Herald article on Cam Kerry described him this way: "He doesn't draw screaming headlines or grab face time on the political talk show circuit, but `low-key` Cameron Kerry has emerged as one of U.S. Sen. John F. Kerry's most powerful and trusted campaign advisers this election season. The senator's younger brother, known as Cam, is playing the same pivotal role that the late Robert F. Kennedy played for his older brother back in 1960: confidant, adviser and powerful inside player. It's a mission that stretches far beyond simple family loyalty and brotherhood...'Cam Kerry is a force in the campaign, make no mistake about that,' said one veteran political strategist with strong ties to Kerry. 'He's at the core of Kerry's inner circle.'"
The interview dealt mostly with the ongoing debate over election reform, but touched as well upon Senator Kerry's recent trip to Iraq.
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William Rivers Pitt: What is the impression of the Kerry campaign on the events of last Thursday in Congress, with the Electoral College hearing and the challenge to the certification of the Ohio Electors?
Cameron Kerry: It was something that we welcomed. It put a spotlight on the issues of election reform. We have made some progress on that since 2000, but we still have a long way to go. This election, particularly in Ohio, showed that. I think the action the other day helped to highlight that, as John indicated in his statement. He was very much in sympathy with it, though he was not there in joining it.
Does it surprise you that Senator Boxer was the only Senator to vote against certification?
I think a lot of people are now looking at the issue, and a lot of people stood up and said there are ongoing problems. There were people also looking at it in terms of whether that would change the outcome, whether it would be looking backwards instead of looking forward. What Rep. `Tubbs-Jones` had to say was basically `forward-looking`. One of the reasons we need election reform is that what has been done on reform didn't prevent abuses. Despite all of the oversight and a lot of things that were stopped, we don't have the tools and the remedies for this watch.
There are a lot of people who don't understand why Senator Kerry chose not to be in the Senate for the Thursday challenge. A lot of people believe he should have been the one to stand up and be the challenger. There are a lot of political implications here, and I am wondering if you might explain the thinking on this.
I have talked to a number of the Congressional members involved. Many of them feel that it was better without John involved, that it put the focus on the issue and not on him. It took away the Republican argument that this was just about sour grapes. Had John led the protest, we would have heard that a hundred times.
You believe it would have torpedoed the boat before it ever got out of the dock?
I think that's absolutely right. I think this was a moving event that was focused on the issue, and at the end of it, it was `forward-looking`.
Senator Kerry filed what has been described as a "Me, too" motion in the Yost case in Ohio, the purpose of which is to preserve evidence and try to get depositions of the people involved. Are you aware of any movement or progress with that? Do you know when the judge is planning to rule?
No, I haven't heard. I have been in pretty regular touch with the Ohio lawyers, but I haven't talked to them in a week or so, so I haven't heard.
It was the issues and suspicions surrounding Triad Systems and their voting machines that motivated Senator Kerry to enter that matter?
Yes. That is one of the things that is highly suspect. Look, Kenneth Blackwell's conduct throughout this election, going back months beforehand and through the recount, has been disgraceful. What people have to recognize is that the election protection effort, with 3,300 Kerry/Edwards lawyers who were there on the ground, plus other lawyers, the voter protection project, and other efforts out there did a lot.
They dealt with this ridiculous business of the paper weight on the voter registration and put a stop to that. The Republican effort to mount challenges, they put a stop to it. The efforts to exclude reporters and exit pollers from the polls, they put a stop to that. The malfunctions in machines in Mahoning County, they put a stop to that. They put a lot of focus on the incredible amounts of time the students at Kent had to wait. There were people there to bring them food, and there were people there who offered those in line paper ballots. They didn't want paper ballots. They wanted to get in there and cast their votes the regular way.
One of the reasons we know about all these things is because there were people there observing and recording, and they prevented a lot of the large problems. Did they prevent everything? No. Were there people who were disenfranchised? Yes. Were there mistakes and irregularities and fraud? Yes. I think this was a closer election than 119,000 votes.
Ohio wasn't the only state where there were problems in this last election. There was also New Mexico.
I think New Mexico is a fascinating case. I think people there are doing a great job putting together data that shows some very convincing anomalies that could change the outcome. I think it's something that needs to go forward because it is really about counting the votes and not ultimately about the outcome of the election as a whole. My understand is essentially that if Governor Richardson gives the `go-ahead` for a partial recount, they can get started on that. It is a pretty convincing case, with serious anomalies in Native American and Hispanic voting areas.
Are they concerned in New Mexico about how this recount will proceed? I ask because the main problem with the recent Ohio recount was that it was supposed to be a random recount, but representatives from Triad, the company that had their voting machines in 41 Ohio counties, found out ahead of time which 'random' counties would be recounted. They went around to those counties and made sure that the machine count would match the hand count. This basically obviated the basic premise of the recount, that being the selection of random counties. Will the people in New Mexico be keeping an eye on things like this?
What I gather is that people have negotiated in New Mexico, and that Cobb and Badnarik will select the ten percent, something like ten percent or thereabouts, of the precincts to be recounted.
Cobb and Badnarik will be selecting these?
That is my understanding.
Given all this, are there any regrets on the part of Senator Kerry or anyone else from the campaign about that Wednesday morning concession?
At the end of the day, no. I think it was closer, but I am a lawyer, and I'm going to deal with evidence. I have to deal with what I think a court would do. That's the kind of judgments I make. That was a judgment I participated in. A lot of people who know how to count votes, how votes are counted, people who went through Florida in 2000 and have been through other recounts, have been through a lot of tough battles, would have loved nothing better than to do battle with Karl Rove and James Baker again, to take them on and give them their own back.
But we looked at it hard, and there just wasn't the kind of `razor-thin` margin that we had in Florida in 2000 to work with, or that Christine Gregoire was dealing with in Washington State. The three million vote margin nationally made it difficult, but there was enough of a margin in Ohio that I think we could have closed that margin but would still have been some tens of thousands of votes short.
There is an impressive coalition building around the need for election reform. There is Congressman Conyers, Rep. `Tubbs-Jones`, Senator Boxer, Reverend Jackson, Cobb and Badnarik of the Green and Libertarian parties, along with an activated base. There are a lot of people who feel very strongly that the time has come to fix the way we run elections in this country, and I am wondering where the Senator stands on that, and if he has any plans to join this group and this cause.
Absolutely. One of the earliest things he is going to work on is election reform. We've got to make the process transparent, whether it is the counting of votes or the code on the machines. That is basic to the electoral process. That is one of the great virtues of paper ballots. People can sit there and watch the counting. I've been through that in past elections, and it's a great ritual. We've got to strengthen the remedies that deal with voter suppression; challenges based on race ought to be prima facie violations of voting rights. There have to be standards for the allocation of voting machines.
Do you foresee a push for national standards for elections? One of the arguments put forward on this looks at Pennsylvania in this last election, and the fact that voters were casting their ballots on four different kinds of systems in that state. Had there been a challenge to the outcome there, it would have been bedlam. The different systems would have made the recount process a madhouse. Does the Senator have any thoughts on advocating for national standards on elections?
Yes. We've got a federal constitution guaranteeing the right to vote, and the 14th Amendment says Congress can enact laws to protect that right. The tools are there to do it. This is too important, and I think there will be ways to get it done.
Will Senator Kerry be speaking on these matters anytime soon?
I'm sure that he will be. I don't recall his timetable to get a proposal out there for election reform, but he is going to do that soon.
Your brother has been traveling around a little bit lately. Can you give me a recap on what he has been up to?
He spent part of last week in Iraq, not only in Baghdad but also in Fallujah and Mosul.
That's a tough couple of neighborhoods.
I'll tell you, I don't know a lot of people making that trip. Reporters and most of the people going over there are camped out in Baghdad.
What was the purpose behind his trip?
He wanted to see things `first-hand`, and wanted the chance to talk to troops, to thank some of the people from Massachusetts who are over there, and just to get an `on-the`-ground view.
Full Version: Will Pitt talks to Cam Kerry about election problems
[quote]Yes. We've got a federal constitution guaranteeing the right to vote, and the 14th Amendment says Congress can enact laws to protect that right. The tools are there to do it. This is too important, and I think there will be ways to get it done. [/quote]
Correct me if I'm wrong, but I thought they said we had no federal right to vote. It was left up to each state and that's how we ended up in this mess.
Every state having different guidelines.
Comments anyone.
Correct me if I'm wrong, but I thought they said we had no federal right to vote. It was left up to each state and that's how we ended up in this mess.
Every state having different guidelines.
Comments anyone.
Subject: 42 USC Chapter 20, Subchapter `I-H`
U.S. Department of Justice
Civil Rights Division
Voting Section
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 20 - ELECTIVE FRANCHISE
SUBCHAPTER `I-H` - NATIONAL VOTER REGISTRATION
Sec. 1973gg Findings and purposes
(a) Findings
The Congress finds that -
(1) the right of citizens of the United States to vote is a fundamental right;
(2) it is the duty of the Federal, State, and local governments to promote the exercise of that right; and
(3) discriminatory and unfair registration laws and procedures can have a direct and damaging effect on voter participation in elections for Federal office and disproportionately harm voter participation by various groups, including racial minorities.
(
Purposes
The purposes of this subchapter are -
(1) to establish procedures that will increase the number of eligible citizens who register to vote in elections for Federal office;
(2) to make it possible for Federal, State, and local governments to implement this subchapter in a manner that enhances the participation of eligible citizens as voters in elections for Federal office;
(3) to protect the integrity of the electoral process; and
(4) to ensure that accurate and current voter registration rolls are maintained.
(Pub. L. `103-31`, Sec. 2, May 20, 1993, 107 Stat. 77.)
REFERENCES IN TEXT
This subchapter, referred to in subsec. (, was in the original "this Act", meaning Pub. L. `103-31`, May 20, 1993, 107 Stat. 77, is classified principally to this subchapter. For complete classification of this Act to the Code, see Short Title note below and Tables.
EFFECTIVE DATE
Section 13 of Pub. L. `103-31` provided that: "This Act (see Short Title note below) shall take effect -
"(1) with respect to a State that on the date of enactment of this Act (May 20, 1993) has a provision in the constitution of the State that would preclude compliance with this Act unless the State maintained separate Federal and State official lists of eligible voters, on the later of -
"(A) January 1, 1996; or
"( the date that is 120 days after the date by which, under the constitution of the State as in effect on the date of enactment of this Act, it would be legally possible to adopt and place into effect any amendments to the constitution of the State that are necessary to permit such compliance with this Act without requiring a special election; and
"(2) with respect to any State not described in paragraph (1), on January 1, 1995."
SHORT TITLE
Section 1 of Pub. L. `103-31` provided that: "This Act (enacting this subchapter and section 3629 of Title 39, Postal Service, and amending sections 2401 and 3627 of Title 39) may be cited as the 'National Voter Registration Act of 1993'."
Sec. `1973gg-1` Definitions
As used in this subchapter -
(1) the term "election" has the meaning stated in section 431(1) of title 2;
(2) the term "Federal office" has the meaning stated in section 431(3) of title 2;
(3) the term "motor vehicle driver's license" includes any personal identification document issued by a State motor vehicle authority;
(4) the term "State" means a State of the United States and the District of Columbia; and
(5) the term "voter registration agency" means an office designated under section `1973gg-5`(a)(1) of this title to perform voter registration activities.
(Pub. L. `103-31`, Sec. 3, May 20, 1993, 107 Stat. 77.)
Sec. `1973gg-2` National procedures for voter registration for elections for Federal office
(a) In general
Except as provided in subsection ( of this section, notwithstanding any other Federal or State law, in addition to any other method of voter registration provided for under State law, each State shall establish procedures to register to vote in elections for Federal office -
(1) by application made simultaneously with an application for a motor vehicle driver's license pursuant to section `1973gg-3` of this title;
(2) by mail application pursuant to section `1973gg-4` of this title; and
(3) by application in person -
(A) at the appropriate registration site designated with respect to the residence of the applicant in accordance with State law; and
( at a Federal, State, or nongovernmental office designated under section `1973gg-5` of this title.
( Nonapplicability to certain States
This subchapter does not apply to a State described in either or both of the following paragraphs:
(1) A State in which, under law that is in effect continuously on and after March 11, 1993, there is no voter registration requirement for any voter in the State with respect to an election for Federal office.
(2) A State in which, under law that is in effect continuously on and after March 11, 1993, or that was enacted on or prior to March 11, 1993, and by its terms is to come into effect upon the enactment of this subchapter, so long as that law remains in effect, all voters in the State may register to vote at the polling place at the time of voting in a general election for Federal office.
(Pub. L. `103-31`, Sec. 4, May 20, 1993, 107 Stat. 78.)
REFERENCES IN TEXT
Upon the enactment of this subchapter, referred to in subsec. ((2), means the date of enactment of Pub. L. `103-31`, which was approved May 20, 1993.
Sec. `1973gg-3` Simultaneous application for voter registration and application for motor vehicle driver's license
(a) In general
(1) Each State motor vehicle driver's license application (including any renewal application) submitted to the appropriate State motor vehicle authority under State law shall serve as an application for voter registration with respect to elections for Federal office unless the applicant fails to sign the voter registration application.
(2) An application for voter registration submitted under paragraph (1) shall be considered as updating any previous voter registration by the applicant.
( 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 may be used for any purpose other than voter registration.
© Forms and procedures
(1) 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.
(2) 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 (other than a second signature or other information necessary under subparagraph ©);
( 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 the applicant and to administer voter registration and other parts of the election process;
© 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, in print that is identical to that used in the attestation portion of the application -
(i) the information required in section `1973gg-6`(a)(5)(A) and ( of this title;
(ii) 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
(iii) 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.
(d) Change of address
Any change of address form submitted in accordance with State law for purposes of a State motor vehicle driver's license shall serve as notification of change of address for voter registration with respect to elections for Federal office for the registrant involved unless the registrant states on the form that the change of address is not for voter registration purposes.
(e) Transmittal deadline
(1) Subject to paragraph (2), a completed voter registration portion of an application for a State motor vehicle driver's license accepted at a State motor vehicle authority 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. 5, May 20, 1993, 107 Stat. 78.)
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections `1973gg-2`, `1973gg-6` of this title.
Sec. `1973gg-4` Mail registration
(a) Form
(1) Each State shall accept and use the mail voter registration application form prescribed by the Federal Election Commission pursuant to section `1973gg-7`(a)(2) of this title for the registration of voters in elections for Federal office.
(2) In addition to accepting and using the form described in paragraph (1), a State may develop and use a mail voter registration form that meets all of the criteria stated in section `1973gg-7`( of this title for the registration of voters in elections for Federal office.
(3) A form described in paragraph (1) or (2) shall be accepted and used for notification of a registrant's change of address.
( Availability of forms
The chief State election official of a State shall make the forms described in subsection (a) of this section available for distribution through governmental and private entities, with particular emphasis on making them available for organized voter registration programs.
© `First-time` voters
(1) Subject to paragraph (2), a State may by law require a person to vote in person if -
(A) the person was registered to vote in a jurisdiction by mail; and
( the person has not previously voted in that jurisdiction.
(2) Paragraph (1) does not apply in the case of a person -
(A) who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.);
( who is provided the right to vote otherwise than in person under section `1973ee-1`((2)((ii) of this title; or
© who is entitled to vote otherwise than in person under any other Federal law.
(d) Undelivered notices
If a notice of the disposition of a mail voter registration application under section `1973gg-6`(a)(2) of this title is sent by nonforwardable mail and is returned undelivered, the registrar may proceed in accordance with section `1973gg-6`(d) of this title.
(Pub. L. `103-31`, Sec. 6, May 20, 1993, 107 Stat. 79.)
REFERENCES IN TEXT
The Uniformed and Overseas Citizens Absentee Voting Act, referred to in subsec. ©(2)(A), is Pub. L. `99-410`, Aug. 28, 1986, 100 Stat. 924, which is classified principally to subchapter `I-G` (Sec. 1973ff et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1973ff of this title and Tables.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections `1973gg-2`, `1973gg-6` of this title.
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
( 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.
( 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)( 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.
( If a voter registration agency designated under paragraph
(2)( 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;
( display any such political preference or party allegiance;
© 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;
( 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 ©), 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 © 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.
( 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.
© 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( of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg) (42 U.S.C. `1973gg-5`() ("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;
( 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
© 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© 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)((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 ( 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.
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;
( 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;
© 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;
( as provided by State law, by reason of criminal conviction or mental incapacity; or
© 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
( a change in the residence of the registrant, in accordance with subsections (, ©, 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
( 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.
( 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.
© 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
( 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.
( 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 ( 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
((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)( 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.
( 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.
( 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;
( the offender's age and residence address;
© 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. ((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.
Sec. `1973gg-7` Federal coordination and regulations
(a) In general
The Federal Election Commission -
(1) in consultation with the chief election officers of the States, shall prescribe such regulations as are necessary to carry out paragraphs (2) and (3);
(2) in consultation with the chief election officers of the States, shall develop a mail voter registration application form for elections for Federal office;
(3) not later than June 30 of each `odd-numbered` year, shall submit to the Congress a report assessing the impact of this subchapter on the administration of elections for Federal office during the preceding `2-year` period and including recommendations for improvements in Federal and State procedures, forms, and other matters affected by this subchapter; and
(4) shall provide information to the States with respect to the responsibilities of the States under this subchapter.
( Contents of mail voter registration form
The mail voter registration form developed under subsection (a)(2) of this section -
(1) may require only such identifying information (including the signature of the applicant) and other information (including data relating to previous registration by the applicant), as is necessary to enable the appropriate State election official to assess the eligibility of the applicant and to administer voter registration and other parts of the election process;
(2) shall include a statement that -
(A) specifies each eligibility requirement (including citizenship);
( contains an attestation that the applicant meets each such requirement; and
© requires the signature of the applicant, under penalty of perjury;
(3) may not include any requirement for notarization or other formal authentication; and
(4) shall include, in print that is identical to that used in the attestation portion of the application -
(i) the information required in section `1973gg-6`(a)(5)(A) and ( of this title;
(ii) 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
(iii) 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.
(Pub. L. `103-31`, Sec. 9, May 20, 1993, 107 Stat. 87.)
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections `1973gg-4`, `1973gg-5` of this title.
Sec. `1973gg-8` Designation of chief State election official
Each State shall designate a State officer or employee as the chief State election official to be responsible for coordination of State responsibilities under this subchapter.
(Pub. L. `103-31`, Sec. 10, May 20, 1993, 107 Stat. 87.)
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section `1973gg-6` of this title.
Sec. `1973gg-9` Civil enforcement and private right of action
(a) Attorney General
The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out this subchapter.
( Private right of action
(1) A person who is aggrieved by a violation of this subchapter may provide written notice of the violation to the chief election official of the State involved.
(2) If the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to the violation.
(3) If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action under paragraph (2).
© Attorney's fees
In a civil action under this section, the court may allow the prevailing party (other than the United States) reasonable attorney fees, including litigation expenses, and costs.
(d) Relation to other laws
(1) The rights and remedies established by this section are in addition to all other rights and remedies provided by law, and neither the rights and remedies established by this section nor any other provision of this subchapter shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).
(2) Nothing in this subchapter authorizes or requires conduct that is prohibited by the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).
(Pub. L. `103-31`, Sec. 11, May 20, 1993, 107 Stat. 88.)
REFERENCES IN TEXT
The Voting Rights Act of 1965, referred to in subsec. (d), 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.
Sec. `1973gg-10` Criminal penalties
A person, including an election official, who in any election for Federal office -
(1) knowingly and willfully intimidates, threatens, or coerces, or attempts to intimidate, threaten, or coerce, any person for -
(A) registering to vote, or voting, or attempting to register or vote;
( urging or aiding any person to register to vote, to vote, or to attempt to register or vote; or
© exercising any right under this subchapter; or
(2) knowingly and willfully deprives, defrauds, or attempts to deprive or defraud the residents of a State of a fair and impartially conducted election process, by -
(A) the procurement or submission of voter registration applications that are known by the person to be materially false, fictitious, or fraudulent under the laws of the State in which the election is held; or
( the procurement, casting, or tabulation of ballots that are known by the person to be materially false, fictitious, or fraudulent under the laws of the State in which the election is held, shall be fined in accordance with title 18 (which fines shall be paid into the general fund of the Treasury, miscellaneous receipts (pursuant to section 3302 of title 31), notwithstanding any other law), or imprisoned not more than 5 years, or both.
(Pub. L. `103-31`, Sec. 12, May 20, 1993, 107 Stat. 88.)
Notes:
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TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 20 - ELECTIVE FRANCHISE
SUBCHAPTER `I-H` - NATIONAL VOTER REGISTRATION
Sec. 1973gg Findings and purposes
(a) Findings
The Congress finds that -
(1) the right of citizens of the United States to vote is a fundamental right;
(2) it is the duty of the Federal, State, and local governments to promote the exercise of that right; and
(3) discriminatory and unfair registration laws and procedures can have a direct and damaging effect on voter participation in elections for Federal office and disproportionately harm voter participation by various groups, including racial minorities.
(
Purposes
The purposes of this subchapter are -
(1) to establish procedures that will increase the number of eligible citizens who register to vote in elections for Federal office;
(2) to make it possible for Federal, State, and local governments to implement this subchapter in a manner that enhances the participation of eligible citizens as voters in elections for Federal office;
(3) to protect the integrity of the electoral process; and
(4) to ensure that accurate and current voter registration rolls are maintained.
(Pub. L. `103-31`, Sec. 2, May 20, 1993, 107 Stat. 77.)
REFERENCES IN TEXT
This subchapter, referred to in subsec. (
, was in the original "this Act", meaning Pub. L. `103-31`, May 20, 1993, 107 Stat. 77, is classified principally to this subchapter. For complete classification of this Act to the Code, see Short Title note below and Tables.
EFFECTIVE DATE
Section 13 of Pub. L. `103-31` provided that: "This Act (see Short Title note below) shall take effect -
"(1) with respect to a State that on the date of enactment of this Act (May 20, 1993) has a provision in the constitution of the State that would preclude compliance with this Act unless the State maintained separate Federal and State official lists of eligible voters, on the later of -
"(A) January 1, 1996; or
"(
the date that is 120 days after the date by which, under the constitution of the State as in effect on the date of enactment of this Act, it would be legally possible to adopt and place into effect any amendments to the constitution of the State that are necessary to permit such compliance with this Act without requiring a special election; and
"(2) with respect to any State not described in paragraph (1), on January 1, 1995."
SHORT TITLE
Section 1 of Pub. L. `103-31` provided that: "This Act (enacting this subchapter and section 3629 of Title 39, Postal Service, and amending sections 2401 and 3627 of Title 39) may be cited as the 'National Voter Registration Act of 1993'."
Sec. `1973gg-1` Definitions
As used in this subchapter -
(1) the term "election" has the meaning stated in section 431(1) of title 2;
(2) the term "Federal office" has the meaning stated in section 431(3) of title 2;
(3) the term "motor vehicle driver's license" includes any personal identification document issued by a State motor vehicle authority;
(4) the term "State" means a State of the United States and the District of Columbia; and
(5) the term "voter registration agency" means an office designated under section `1973gg-5`(a)(1) of this title to perform voter registration activities.
(Pub. L. `103-31`, Sec. 3, May 20, 1993, 107 Stat. 77.)
Sec. `1973gg-2` National procedures for voter registration for elections for Federal office
(a) In general
Except as provided in subsection (
of this section, notwithstanding any other Federal or State law, in addition to any other method of voter registration provided for under State law, each State shall establish procedures to register to vote in elections for Federal office -
(1) by application made simultaneously with an application for a motor vehicle driver's license pursuant to section `1973gg-3` of this title;
(2) by mail application pursuant to section `1973gg-4` of this title; and
(3) by application in person -
(A) at the appropriate registration site designated with respect to the residence of the applicant in accordance with State law; and
(
at a Federal, State, or nongovernmental office designated under section `1973gg-5` of this title.
(
Nonapplicability to certain States
This subchapter does not apply to a State described in either or both of the following paragraphs:
(1) A State in which, under law that is in effect continuously on and after March 11, 1993, there is no voter registration requirement for any voter in the State with respect to an election for Federal office.
(2) A State in which, under law that is in effect continuously on and after March 11, 1993, or that was enacted on or prior to March 11, 1993, and by its terms is to come into effect upon the enactment of this subchapter, so long as that law remains in effect, all voters in the State may register to vote at the polling place at the time of voting in a general election for Federal office.
(Pub. L. `103-31`, Sec. 4, May 20, 1993, 107 Stat. 78.)
REFERENCES IN TEXT
Upon the enactment of this subchapter, referred to in subsec. (
(2), means the date of enactment of Pub. L. `103-31`, which was approved May 20, 1993.
Sec. `1973gg-3` Simultaneous application for voter registration and application for motor vehicle driver's license
(a) In general
(1) Each State motor vehicle driver's license application (including any renewal application) submitted to the appropriate State motor vehicle authority under State law shall serve as an application for voter registration with respect to elections for Federal office unless the applicant fails to sign the voter registration application.
(2) An application for voter registration submitted under paragraph (1) shall be considered as updating any previous voter registration by the applicant.
(
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 may be used for any purpose other than voter registration.
© Forms and procedures
(1) 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.
(2) 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 (other than a second signature or other information necessary under subparagraph ©);
(
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 the applicant and to administer voter registration and other parts of the election process;
© 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, in print that is identical to that used in the attestation portion of the application -
(i) the information required in section `1973gg-6`(a)(5)(A) and (
of this title;
(ii) 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
(iii) 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.
(d) Change of address
Any change of address form submitted in accordance with State law for purposes of a State motor vehicle driver's license shall serve as notification of change of address for voter registration with respect to elections for Federal office for the registrant involved unless the registrant states on the form that the change of address is not for voter registration purposes.
(e) Transmittal deadline
(1) Subject to paragraph (2), a completed voter registration portion of an application for a State motor vehicle driver's license accepted at a State motor vehicle authority 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. 5, May 20, 1993, 107 Stat. 78.)
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections `1973gg-2`, `1973gg-6` of this title.
Sec. `1973gg-4` Mail registration
(a) Form
(1) Each State shall accept and use the mail voter registration application form prescribed by the Federal Election Commission pursuant to section `1973gg-7`(a)(2) of this title for the registration of voters in elections for Federal office.
(2) In addition to accepting and using the form described in paragraph (1), a State may develop and use a mail voter registration form that meets all of the criteria stated in section `1973gg-7`(
of this title for the registration of voters in elections for Federal office.
(3) A form described in paragraph (1) or (2) shall be accepted and used for notification of a registrant's change of address.
(
Availability of forms
The chief State election official of a State shall make the forms described in subsection (a) of this section available for distribution through governmental and private entities, with particular emphasis on making them available for organized voter registration programs.
© `First-time` voters
(1) Subject to paragraph (2), a State may by law require a person to vote in person if -
(A) the person was registered to vote in a jurisdiction by mail; and
(
the person has not previously voted in that jurisdiction.
(2) Paragraph (1) does not apply in the case of a person -
(A) who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.);
(
who is provided the right to vote otherwise than in person under section `1973ee-1`((2)((ii) of this title; or
© who is entitled to vote otherwise than in person under any other Federal law.
(d) Undelivered notices
If a notice of the disposition of a mail voter registration application under section `1973gg-6`(a)(2) of this title is sent by nonforwardable mail and is returned undelivered, the registrar may proceed in accordance with section `1973gg-6`(d) of this title.
(Pub. L. `103-31`, Sec. 6, May 20, 1993, 107 Stat. 79.)
REFERENCES IN TEXT
The Uniformed and Overseas Citizens Absentee Voting Act, referred to in subsec. ©(2)(A), is Pub. L. `99-410`, Aug. 28, 1986, 100 Stat. 924, which is classified principally to subchapter `I-G` (Sec. 1973ff et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1973ff of this title and Tables.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections `1973gg-2`, `1973gg-6` of this title.
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
(
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.
(
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)(
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.
(
If a voter registration agency designated under paragraph
(2)(
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;
(
display any such political preference or party allegiance;
© 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;
(
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 ©), 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 © 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.
(
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.
© 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(
of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg) (42 U.S.C. `1973gg-5`() ("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;
(
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
© 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© 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)(
(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 ( 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.
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;
(
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;
© 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;
(
as provided by State law, by reason of criminal conviction or mental incapacity; or
© 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
(
a change in the residence of the registrant, in accordance with subsections (, ©, 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
(
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.
(
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.
© 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
(
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.
(
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 (
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
(
(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)(
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.
(
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.
(
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;
(
the offender's age and residence address;
© 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. (
(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.
Sec. `1973gg-7` Federal coordination and regulations
(a) In general
The Federal Election Commission -
(1) in consultation with the chief election officers of the States, shall prescribe such regulations as are necessary to carry out paragraphs (2) and (3);
(2) in consultation with the chief election officers of the States, shall develop a mail voter registration application form for elections for Federal office;
(3) not later than June 30 of each `odd-numbered` year, shall submit to the Congress a report assessing the impact of this subchapter on the administration of elections for Federal office during the preceding `2-year` period and including recommendations for improvements in Federal and State procedures, forms, and other matters affected by this subchapter; and
(4) shall provide information to the States with respect to the responsibilities of the States under this subchapter.
(
Contents of mail voter registration form
The mail voter registration form developed under subsection (a)(2) of this section -
(1) may require only such identifying information (including the signature of the applicant) and other information (including data relating to previous registration by the applicant), as is necessary to enable the appropriate State election official to assess the eligibility of the applicant and to administer voter registration and other parts of the election process;
(2) shall include a statement that -
(A) specifies each eligibility requirement (including citizenship);
(
contains an attestation that the applicant meets each such requirement; and
© requires the signature of the applicant, under penalty of perjury;
(3) may not include any requirement for notarization or other formal authentication; and
(4) shall include, in print that is identical to that used in the attestation portion of the application -
(i) the information required in section `1973gg-6`(a)(5)(A) and (
of this title;
(ii) 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
(iii) 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.
(Pub. L. `103-31`, Sec. 9, May 20, 1993, 107 Stat. 87.)
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections `1973gg-4`, `1973gg-5` of this title.
Sec. `1973gg-8` Designation of chief State election official
Each State shall designate a State officer or employee as the chief State election official to be responsible for coordination of State responsibilities under this subchapter.
(Pub. L. `103-31`, Sec. 10, May 20, 1993, 107 Stat. 87.)
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section `1973gg-6` of this title.
Sec. `1973gg-9` Civil enforcement and private right of action
(a) Attorney General
The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out this subchapter.
(
Private right of action
(1) A person who is aggrieved by a violation of this subchapter may provide written notice of the violation to the chief election official of the State involved.
(2) If the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to the violation.
(3) If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action under paragraph (2).
© Attorney's fees
In a civil action under this section, the court may allow the prevailing party (other than the United States) reasonable attorney fees, including litigation expenses, and costs.
(d) Relation to other laws
(1) The rights and remedies established by this section are in addition to all other rights and remedies provided by law, and neither the rights and remedies established by this section nor any other provision of this subchapter shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).
(2) Nothing in this subchapter authorizes or requires conduct that is prohibited by the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).
(Pub. L. `103-31`, Sec. 11, May 20, 1993, 107 Stat. 88.)
REFERENCES IN TEXT
The Voting Rights Act of 1965, referred to in subsec. (d), 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.
Sec. `1973gg-10` Criminal penalties
A person, including an election official, who in any election for Federal office -
(1) knowingly and willfully intimidates, threatens, or coerces, or attempts to intimidate, threaten, or coerce, any person for -
(A) registering to vote, or voting, or attempting to register or vote;
(
urging or aiding any person to register to vote, to vote, or to attempt to register or vote; or
© exercising any right under this subchapter; or
(2) knowingly and willfully deprives, defrauds, or attempts to deprive or defraud the residents of a State of a fair and impartially conducted election process, by -
(A) the procurement or submission of voter registration applications that are known by the person to be materially false, fictitious, or fraudulent under the laws of the State in which the election is held; or
(
the procurement, casting, or tabulation of ballots that are known by the person to be materially false, fictitious, or fraudulent under the laws of the State in which the election is held, shall be fined in accordance with title 18 (which fines shall be paid into the general fund of the Treasury, miscellaneous receipts (pursuant to section 3302 of title 31), notwithstanding any other law), or imprisoned not more than 5 years, or both.
(Pub. L. `103-31`, Sec. 12, May 20, 1993, 107 Stat. 88.)
Notes:
The information provided on this page was obtained from the World Wide Web site maintained by the United States House of Representatives. It has been reformatted for the convenience of the users but not changed. Please inform us if you discover any errors or omissions.
Go to the Civil Rights Division Home Page
Go to the Department of Justice Home Page
Why thank you for the info, Tamara. Sure thought that was said during the hearings on the Hill regarding this voting fiasco.
I sent this info to my e mail box and put it in a folder for easy access.
I sent it to every Senator and Congress person on the hill. I know some talk about that Kerryblogger person cause my ears ring alot.
It took some doing to learn how to read it. They bunch all the topics at the top and then go thru them 1 at a time. You got to do alot of scolling up and down. This is why I keep yelling "WHERE IS THE DOJ?" Elections belong to them but they do nothing. :evil:
I sent it to every Senator and Congress person on the hill. I know some talk about that Kerryblogger person cause my ears ring alot.
It took some doing to learn how to read it. They bunch all the topics at the top and then go thru them 1 at a time. You got to do alot of scolling up and down. This is why I keep yelling "WHERE IS THE DOJ?" Elections belong to them but they do nothing. :evil:
[quote=ncMindy][quote]Yes. We've got a federal constitution guaranteeing the right to vote, and the 14th Amendment says Congress can enact laws to protect that right. The tools are there to do it. This is too important, and I think there will be ways to get it done. [/quote]
Correct me if I'm wrong, but I thought they said we had no federal right to vote. It was left up to each state and that's how we ended up in this mess.
Every state having different guidelines.
Comments anyone.[/quote]
We have a right to vote that's implied by the 14th amendment and the 19th amendment of the constitution. We do not have a constitutionally explicit right to vote. That's why you have some people saying we have a constitutional right to vote and others saying we don't. In my opinion, we need to have a constitutional amendment that explicitly says that every adult U.S. citizen over the age of 18 (or 16 if we decided to lower the age) has the right to vote.
The Constitution doesn't define how states choose their electors for president, so each state does it differently, based on states rights. This is ridiculous and we need federal oversight. Although the 14th and 19th amendments refer to a right to vote, they don't explicitly say in what circumstances you have a right to vote (i.e. they don't say you have a right to vote in all federal and state elections, etc.)
Here are the places where the right to vote is mentioned (not very explicitly) in the 14th and 19th amendments. The trouble is that although these amendments refer to a right to vote that they assume exists, nowhere in the constitution is it explicitly stated that the right to vote in presidential and congressional elections is a right given to citizens.
[quote]
Amendment 14:
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being `twenty-one` years of age,(See Note 15) and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens `twenty-one` years of age in such State.
Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of `two-thirds` of each House, remove such disability.
Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. [/quote]
[quote]Amendmen 19:
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
Congress shall have power to enforce this article by appropriate legislation. [/quote]
Correct me if I'm wrong, but I thought they said we had no federal right to vote. It was left up to each state and that's how we ended up in this mess.
Every state having different guidelines.
Comments anyone.[/quote]
We have a right to vote that's implied by the 14th amendment and the 19th amendment of the constitution. We do not have a constitutionally explicit right to vote. That's why you have some people saying we have a constitutional right to vote and others saying we don't. In my opinion, we need to have a constitutional amendment that explicitly says that every adult U.S. citizen over the age of 18 (or 16 if we decided to lower the age) has the right to vote.
The Constitution doesn't define how states choose their electors for president, so each state does it differently, based on states rights. This is ridiculous and we need federal oversight. Although the 14th and 19th amendments refer to a right to vote, they don't explicitly say in what circumstances you have a right to vote (i.e. they don't say you have a right to vote in all federal and state elections, etc.)
Here are the places where the right to vote is mentioned (not very explicitly) in the 14th and 19th amendments. The trouble is that although these amendments refer to a right to vote that they assume exists, nowhere in the constitution is it explicitly stated that the right to vote in presidential and congressional elections is a right given to citizens.
[quote]
Amendment 14:
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being `twenty-one` years of age,(See Note 15) and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens `twenty-one` years of age in such State.
Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of `two-thirds` of each House, remove such disability.
Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. [/quote]
[quote]Amendmen 19:
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
Congress shall have power to enforce this article by appropriate legislation. [/quote]
[quote]We have a right to vote that's implied by the 14th amendment and the 19th amendment of the constitution. We do not have a constitutionally explicit right to vote. That's why you have some people saying we have a constitutional right to vote and others saying we don't. In my opinion, we need to have a constitutional amendment that explicitly says that every adult U.S. citizen over the age of 18 (or 16 if we decided to lower the age) has the right to vote. [/quote]
We do need an amendment and federal guidelines, IMO.
[quote]Amendment 14:
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. [/quote]
I found this part interesting as applied to this election. Due process of law and equal protection under the law. This amendment seems to be violated a lot lately, for many different reasons.
We do need an amendment and federal guidelines, IMO.
[quote]Amendment 14:
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. [/quote]
I found this part interesting as applied to this election. Due process of law and equal protection under the law. This amendment seems to be violated a lot lately, for many different reasons.
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