What is the National Voter Registration Act of 1993?

Voting is one of our most cherished rights. The National Voter Registration Act of 1993 (NVRA), also known as the “Motor Voter Act”, makes it easier for Americans to register to vote. 

This article explains your rights under the NVRA and what to do if you feel those rights have been violated. However, civil rights cases can raise complex legal issues. Discuss your case with a lawyer who specializes in voting issues. 

The Basics of the National Voter Registration Act of 1993 

Many voter registration requirements are set by the U.S. Constitution and federal laws such as the Voting Rights Act. However, states can create their own voter registration laws as long as they do not violate the rules set by the federal government. Thus, voter registration requirements differ from state to state. 

Because voter eligibility requirements vary widely, eligible voters often find registration difficult. Congress passed the NVRA to simplify the voter registration process. It does this by:

• Requiring states to provide more voter registration opportunities 
• Creating a universal mail voter registration application form
• Limiting what states can do during voter registration list maintenance 

The NVRA applies to 44 states and the District of Columbia. (The remaining six states – Idaho, Minnesota, New Hampshire, North Dakota, Wisconsin, and Wyoming – were exempt from the NVRA because they either had no voter registration requirements or offered same-day registration services on election day.) The NVRA does not apply to U.S. territories like Puerto Rico and Guam. 

How the NVRA Makes Voter Registration Easier 

The NVRA requires states to offer voter registration services in specific locations. These places include: 

• The state motor vehicle authority (e.g., Department of Motor Vehicles (DMV))
• State agencies that administer federal public assistance programs such as Supplemental Nutrition Assistance Program (SNAP, a/k/a “food stamps”) and Medicaid
• State-funded programs that provide disability services 
• Armed forces recruitment offices 

Here’s an example of how the NVRA helps voters: You go to the DMV to renew your driver’s license. The NVRA requires that the state treat your driver’s license application as a voter registration application if you so choose. The DMV must send your registration application to the local voter registration agency.

If the agency agrees you qualify, it will register you to vote. Instead of making time to register to vote and renew your license, the NVRA lets you handle both tasks at once. Allowing people to register to vote while applying for or renewing their driver’s licenses gave the NVRA its nickname – the “Motor Voter” Act. 

What Does the NVRA Say About Voter Registration Forms? 

While most voters use DMV and online registration, many still choose to register by mail. The NVRA also helps those who use the U.S. postal service. 

The NVRA authorizes the U.S. Election Assistance Commission (EAC) to create a federal mail-in voter registration application. The NVRA requires all states to accept this form. However, states can create their own mailable voter registration forms as long as they meet the NVRA’s requirements.

How Does the NVRA Protect Voters From Having Their Names Removed From Voter Registration Lists? 

Every day, people become ineligible to vote. These people must be removed from state voter registration lists. But under the NVRA, states can only remove voters if they have: 

• Died
• Moved to another county or state 
• Criminal convictions that disqualify them from voting under state law
• Been found to have a mental incapacity
• Asked to be removed
• Not responded to communications from the local election office and failed to vote in a period covering the next two scheduled federal general elections 

Voter list maintenance is a controversial topic. Statistics show that these “voter purges” disproportionately affect voters of color, young voters, low-income persons, and the unhoused. If you feel that your right to vote was impacted due to your membership in one of these groups, an experienced voting rights attorney can help. 

What Should I Do if I Believe That the NVRA Has Been Violated? 

Although the NVRA has been law since 1995, some states still struggle to comply. Fortunately, the NVRA provides two methods of enforcement. 

First, the Department of Justice (DOJ) can sue cities, counties, and states that violate the NVRA. Over the past 20 years, the DOJ has successfully brought several lawsuits for NVRA violations, such as improperly removing voters, refusing to offer voter registration at required offices, and failing to promptly send completed voter registration applications to the designated election official or agency. 

The NVRA also allows you to sue state and local governments for their NVRA violations. You may have a claim if you were not given voter registration materials at the DMV or your voter registration application was not filed promptly.  Participating in the electoral process is every American’s constitutional right. A qualified civil rights attorney can investigate your claims and develop a solid legal strategy if someone illegally prevented you from registering or voting. If you need legal help to exercise your right to vote, find an experienced voting rights attorney near you.