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U.S. Code as of:
01/19/04
Section 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
(B) 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.
(B) 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)(B) 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.
(B) If a voter registration agency designated under paragraph
(2)(B) 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;
(B) display any such political preference or party allegiance;
(C) 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;
(B) 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 (C)),
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
(C) 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.
(b) 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.
(c) 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.
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