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The Canvass | May 2019

May 1, 2019

We’re Still Asking: What Is Automatic Voter Registration? Just improved Motor-Voter?

In July/August 2016, The Canvass led with the story, What is Automatic Voter Registration Anyway? What the Experts Say. We’re still asking, because there’s still no one solid definition.

The layperson might think “it means everyone who is eligible to vote is automatically registered.” Well, that might be true in other nations, but not here. Nothing magical happens when Americans turn 18 to transform them into voters. (In some other countries, where there is a national registry of citizens and a birthday makes you eligible to vote without further action, the nomenclature usually used is universal registration. FairVote describes the Canadian Model.)

In the U.S., “automatic voter registration” refers to improvements in how voter registration services are handled at motor vehicle agencies across the country. The changes commonly include an upgrade in how voter registration data is transferred to state voter registration systems, scrapping paper registration forms in favor of electronically transferring data. (In 2016, one third of all new voter registrations came from DMVs, according to the federal government’s Election Administration and Voting Survey.)

As part of their DMV transaction in most states, customers provide the information they need to register to vote. Beyond that commonality, each state differs on how citizens interacting with the DMV are offered the opportunity to decline or accept voter registration. Recently NCSL staff had a call to discuss this very question with several experts who work on voter registration issues. John Lindback of the Center for Secure and Modern Elections (CSME), outlined four approaches:

  • Postcard via mail: A DMV license applicant who is not registered to vote is sent a letter after they leave the office, informing them that they will be registered to vote based on the information (citizenship, age, residency) they just provided at the DMV unless they choose to opt out by signing and returning a postcard by a certain date. Oregon (through the DMV) and Alaska (through its Permanent Fund) use this method. It is often referred to as “opt out” automatic registration.
  • Postcard provided at the agency: The DMV license applicant is given a postcard at the agency that says the information they provided to DMV will be used to register them to vote, or to update their voter registration record, unless they sign and return the card to opt out. A signed opt-out card can be left with the DMV or the applicant can return it by mail. We know of no states that use this system so far, but if used, it would reduce mailing costs. This, too, would be an “opt out” method.
  • Registration at the agency: The DMV license applicant will be shown a screen that tells them that their information will be used to register them to vote unless they choose to decline by tapping “No, thanks” or its equivalent on the screen. (If they do not decline, the next screen will give them the opportunity to choose a political party.) In some cases, they will be asked to attest to eligibility; in other cases, their signature at the agency will serve as their attestation of eligibility. Citizens who are already registered will automatically receive a new voter registration card in the mail with their updated voter information. States using this process include Rhode Island and California.
  • Registration “opt in” at the agency: Customers at the DMV provide information needed to register to vote. An electronic screen asks them if they would like to register to vote (as opposed to the previous option, where they were asked if they do not want to register). If they say yes, they are taken to another screen where they are given the opportunity to choose a party. On one of the two screens, customers attest to eligibility. Individuals do not have to take further action to register to vote. Examples of this system include Delaware and Utah.

The Brennan Center for Justice’s Automatic Voter Registration decision point on whether a state is “automatic” or not is based on whether the question is asked as “opt out” or “opt in.” By that rule, all of the first three systems mentioned above are automatic, and the fourth is not because it asks the voter if they want to register, rather than asking them if they don’t want to register.

NCSL is using its own approach: If a legislature enacts a bill with the words “automatic,” “automated” or “electronic” in it to describe a paperless system for registering voters at DMVs or other state agencies, we’re including them on our Automatic/Automated Voter Registration page. If, through existing authority and administrative action a state moves toward any of the top three categories—and if we know they’ve done so—we’re including them. Last, if we hear from a representative of the state’s chief election official (often the secretary of state) that their system qualifies as automatic or automated, we add them, too.

That’s not exactly a distinct line. Delaware, for instance, was a pioneer at managing DMV voter registration transactions electronically, but it’s not included on our page because it fits the fourth category and we haven’t been alerted by state officials that they consider their system to be automatic.

“Any of these systems are preferable to paper-based systems still used in many states,” Lindback said.  “Paper is inefficient and lacks security for the voter. Electronic voter registration data is faster and more efficient to process by elections officials. These new systems result in more accurate and secure voter rolls and increases in the number of registered voters.” 

There is another view, of course. “Registering to vote and voting has never been as easy as it is in 2019.  It's harder to avoid opportunities to register than it is to register,” said J. Christian Adams of the Public Interest Legal Foundation (PILF). “Mandating that every name on a government list end up on the voter rolls has so far proven to be a train wreck wherever it has been tried. It cranks error and duplication into the system.” A key place to look for more insights is PILF’s Best Practices for Achieving Integrity in Voter Registration.

From a legislative viewpoint, you might be a fan of universal registration, or you might be a fan of efficiency in government. Either way, here are three questions legislators ask to investigate their own state’s system:

  1. Does paper change hands?
  2. Do registration applications get reviewed at the local level—and what are the pros and cons of doing that?
  3. Do your election officials and transportation officials meet and talk?

If you think your state qualifies as having automatic, automated or electronic registration and it isn’t on our page, be sure to let us know.


Legislative Update

With 15 state legislatures concluding their sessions, we wanted to take a look at some of the legislation that has been enacted on three hot topics in 2019: automatic voter registration, early voting and the National Popular Vote Act.

For more on legislation, visit NCSL’s Election Legislation Database.

Automatic Voter Registration

  • New Jersey AB 2014: Automatically registers to vote or updates the registration of any eligible person who applies for a driver’s license, permit, probational driver’s license or nondriver ID.
  • New Mexico SB 672: Automatically registers qualified individuals who interact with the department of motor vehicles in-person. Also requires the human services department to develop a process with the secretary of state to ensure that qualified electors are being offered the opportunity to vote or update their registration.
  • West Virginia SB 491: Extends the effective date of implementing automatic voter registration in West Virginia to July 1, 2021.

As of April 2019, 17 states plus the District of Columbia have enacted or implemented automatic voter registration.

Early Voting/ In-Person Absentee

  • New York SB 1102: Implemented a 10-day (including two weekends) early voting period. Also requires the establishment of early voting locations and requires at least one designated location for every 50,000 registered voters in each county.
  • Virginia HB 2790: Effective in 2020, HB 2790 allows any person who wishes to vote absentee to do so in person, starting 45 days prior to the election and ending the Saturday before Election Day. However, voters still need to provide a valid excuse (Virginia currently has 12 statutorily defined categories of valid excuses). In addition, any voter who wishes to vote absentee may do so, without excuse, beginning on the second Saturday preceding the election.

With the addition of New York, there are currently 11 states that offer early voting to all voters. We have not included Virginia because the policy will not go into effect until 2020. For more information on early and absentee voting, please visit NCSL’s webpage.

National Popular Vote

  • Colorado SB 42: Colorado joined the National Popular Vote Act, adding nine more electoral votes.
  • Delaware SB 22: Delaware joined the National Popular Vote Act, adding three more electoral votes.
  • New Mexico HB 55: New Mexico joined the National Popular Vote Act, adding five more electoral votes.

At this time, 14 states and the District of Columbia (equaling 189 electoral votes) have pledged to the compact.


Ask NCSL

How many states permit the use of electronic pollbooks (EPBs)?

No more than four years ago NCSL was quite focused on EPBs. Not only did we feature EPBs in The Canvass, but we also wrote a LegisBrief on the subject. At the time, we reported jurisdictions in 29 states used EPBs.  Since 2014, it seems some of the novelty and “hotness” of EPBs has cooled.

That doesn’t mean fewer states are using EPBs; quite the contrary. According to our research, as of April 2019, at least 40 states permit the use of EPBs or have at least one jurisdiction that uses EPBs.  Now EPBs are just one of many different pieces of technology that are being incorporated into elections. Second, use of a tablet or pad in everyday activities, such as checking in at the barbershop, have made EPBs less of a novelty.


Worth Noting

Everyone’s a Target

joint intelligence bulletin issued by the Department of Homeland Security and the Federal Bureau of Investigation confirmed that during the 2016 election cycle, all 50 states were targeted by foreign actors. Although the report appears to provide no new technical information, this is a jump up from the previously reported 21 states being targeted.

Census Bureau Voting and Registration Supplement

The U.S. Census Bureau recently released its Voting and Registration Supplement to the Current Population Survey. According to the survey, the national turnout during the 2018 midterm was 53.4%, an increase of 11.5% from 2014. More so, the turnout rate amongst 18- to 29-year-olds jumped almost 16%, the largest increase for any age group. Lastly, 39.8% of voters cast their ballot using a method other than in-person Election Day voting.

HAVA Funds: Going, Going, Gone?

The U.S. Election Assistance Commission (EAC) released its Fiscal Year 2018 Grant Expenditure Report. Of the $3,628,946,231 (including the $380 million appropriated in 2018) appropriated to the states and U.S. Territories through the Help America Vote Act, roughly 85% has been spent. Of the funds appropriated in 2018, just over $30 million (roughly 13% of the $380 million) was used by states between April 17, 2018 and Sept. 30, 2018. A summary of state expenditures can be found on page 10.

RLA Pilot Program

Orange County, Calif., released a report on its 2018 risk-limiting audit (RLA) pilot program, which replaced its traditional 1% audit. The pilot program was conducted in the June primary and November general elections. The main conclusion of the report is that, even with a legacy voting system, an RLA can be conducted, albeit not without challenges.

April 15, Not Just for Taxes Anymore

Vanessa Williamson, of the Brookings Institution, tested whether voter registration during tax time could effectively (and at low cost) increase voter registration and turnout and improve representativeness of the voting population. The “Filer Voter” experiment was undertaken in seven Volunteer Income Tax Assistance centers in Cleveland and Dallas. The results indicate that those involved in the experiment (as compared to the control group) were twice as likely to register to vote.

Limited Seating

Picture 900 million voters voting on 8,000 candidates representing 2,000 political parties vying for only 543 parliamentary seats. Spanning 39 days, India’s 2019 General Election makes America’s seem small. The enormous undertaking utilizes over a million polling locations and 12 million polling officials. The Election Commission of India will also employ trains, planes, camels and elephants to reach the most remote parts of the country.    

New from NCSL

You can find some 2019 updates on our webpages covering the National Popular Vote Compact, Absentee and Early Voting, Vote Centers, and Same Day Registration. We also have two new blogs on Early Voting and Presidential Tax Return Disclosure legislation.

Registration Rates and Automatic Voter Registration

A newly released report from the Brennan Center found that the use of automatic voter registration increased voter registration rates in seven states and the District of Columbia. The rates of increase ranged from a 9.4 percent increase in D.C. to an almost 94 percent increase in Georgia. The report notes that automatic voter registration on a national scale could add up to 50 million new, eligible voters.


From the NCSL Elections Team

There’s never a dull moment here at NCSL. We are currently ramping up for our 2019 Legislative Summit, Aug. 5-8, in Nashville. This is our biggest annual event, and we’ll have lots on elections as infrastructure, how DMVs fit into elections and other hot topics. 

And as always, let us know what’s on your mind, elections-related or otherwise.

Dylan Lynch and Wendy Underhill

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