52 U.S.C. § 20504

Simultaneous application for voter registration and application for motor vehicle driver’s license

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(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.(b) 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.

(c) 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 (C));(B) may require only the minimum amount of information necessary to—(i) prevent duplicate voter registrations; and(ii) enable State election officials to assess the eligibility of the applicant and to administer voter registration and other parts of the election process;(C) shall include a statement that—(i) states each eligibility requirement (including citizenship);(ii) contains an attestation that the applicant meets each such requirement; and(iii) requires the signature of the applicant, under penalty of perjury;(D) shall include, in print that is identical to that used in the attestation portion of the application—(i) the information required in section 20507(a)(5)(A) and (B) 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, § 5, May 20, 1993, 107 Stat. 78.)Editorial NotesCodification

Section was formerly classified to section 1973gg–3 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Notes of Decisions

Cited in 29 cases (8 in the last 5 years), 2014–2024 · leading case: Action NC v. Strach, 216 F. Supp. 3d 597 (M.D.N.C. 2016).

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Action NC v. Strach, 216 F. Supp. 3d 597 (M.D.N.C. 2016). · cites it 11× “” 52 U.S.C. § 20504 (a)(1). Further, Section 5 provides that a voter registration application shall be integrated with the driver’s license application.”

Fish v. Kobach, 840 F.3d 710 (10th Cir. 2016). · cites it 4× “INTRODUCTION In this case, we -must resolve whether section 5 of the National Voter Registration Act (the “NVRA”), 52 U.S.C. § 20504 , preempts a Kansas law requiring documentary proof of citizenship (“DPOC”) for voter registration, Kan.”

Jarrod Stringer v. David Whitley, 942 F.3d 715 (5th Cir. 2019). · cites it 3× “Plaintiffs alleged that the DPS System violates a number of NVRA provisions, including 52 U.S.C. § 20504 (d), which states “[a]ny 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…”

Fish v. Schwab, 957 F.3d 1105 (10th Cir. 2020). · cites it 4× “at 715–16 (footnotes omitted) (quoting 52 U.S.C. § 20504 (c)(2)(B)). In Fish I, we held that—on the factual record then before this court—“the DPOC required by Kansas law [was] more than the minimum amount of information necessary [to perform the Kansas Secretary of State’s…”

Stringer v. Pablos, 320 F. Supp. 3d 862 (W.D. Tex. 2018). · cites it 15× “52 U.S.C. § 20504 (emphasis added). Section 20506(a)(5)(C) further states that "A person who provides service .”

Fish v. Kobach, 189 F. Supp. 3d 1107 (D. Kan. 2016). · cites it 3× “52 U.S.C. § 20504 . . Id. § 20504(e). . K.”

Stringer v. Pablos, 274 F. Supp. 3d 588 (W.D. Tex. 2017). · cites it 16× “]” 52 U.S.C. § 20504 (2012); Docket no. 1 at ¶¶ 59,■ 62-67, 70-74.”

First W. Capital Mgmt. Co. v. Malamed, 874 F.3d 1136 (10th Cir. 2017). “In Fish, voters in Kansas sued the Kansas Secretary of State, alleging that section 5 of the National Voter Registration Act (the “NVRA”), 52 U.S.C. § 20504 , preempted a Kansas law requiring documentary proof of citizenship (“DPOC”) for voter registration.”

Ruthelle Frank v. Scott Walker, 768 F.3d 744 (7th Cir. 2014). “Many people register to vote when they get drivers’ licenses (National Voter Registration Act of 1993, 52 U.S.C. § 20504 , formerly 42 U.S.C. § 1973gg-3), which links registration and photo ID from the outset.”

Alp Baysal v. Midvale Indem. Co., 78 F.4th 976 (7th Cir. 2023). “(Section 5 of the National Voter Regis- tration Act, 52 U.S.C. §20504 .) Many people thus know the numbers on strangers’ li- censes.”

League of Women Voters of MO v. John Ashcroft, 5 F.4th 937 (8th Cir. 2021). “See 52 U.S.C. §§ 20504 , 20510(b). Plaintiffs subsequently obtained a preliminary injunction requiring Missouri to send voter registration forms to thousands of Missouri citizens and to make certain changes to its voter registration procedures in time for the 2018 midterm…”

Arizona All. for Retired Americans v. Kristin K. Mayes, 117 F.4th 1165 (9th Cir. 2024). “” 52 U.S.C. § 20504 (d). The NVRA then directs state officials to treat a driver’s license application as “updating any previous voter registration by the applicant.”

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