The National Voter Registration Act and Election Day Registration
Voter registration requirements that place the burden on the individual to register prior to an election – something unique to the United States among the world’s democracies – are among the first obstacles that potential voters must overcome. Partly as a result, the citizens who elect our leaders are not representative of the nation as a whole; rather they are disproportionately affluent, white, and educated. Indeed, in 2006, only 60 percent of adult citizens in households making $25,000 or less were registered to vote compared to over 80 percent of those in households making $100,000 or more. Similarly, only 61 percent of black citizens and 54 percent of Latino citizens reported being registered in 2006 compared to 71 percent of white citizens. By reducing the burden of registration requirements, full implementation of the National Voter Registration Act and Election Day Registration both have the potential to significantly increase the number of low-income and minority citizens participating in our electoral system.
Congress passed the National Voter Registration Act (NVRA) in 1993 to make voter registration more accessible and to increase the number of eligible citizens voting in U.S. elections. The most well-known of its provisions, “motor voter,” requires states to offer voter registration in conjunction with driver’s license applications. Importantly however, a lesser known provision of the NVRA requires voter registration to be offered to clients of public assistance agencies. Specifically, the opportunity to register must be offered to all individuals applying for, recertifying, or changing their address with respect to federal benefits such as Food Stamps, Temporary Assistance for Needy Families (TANF), Medicaid, and the nutritional program for Women, Infants, and Children (WIC). Congress included the agency-based registration requirements to reach those least likely to visit motor vehicle departments. The NVRA remains the only federal law requiring the government to affirmatively offer voter registration to low-income and disabled citizens.
Unfortunately, recent research indicates that states across the country are failing to offer voter registration at public assistance agencies. According to a new report by Dēmos and Project Vote, registrations from public assistance agencies declined by 79 percent since 1995, when the law was first implemented. Field investigations, client surveys, and statistical analysis strongly indicate that this decline is largely due to the states’ non-compliance with the law.
The good news is that, by implementing simple procedures, states can dramatically increase the number of low-income citizens registering to vote at public assistance agencies. For example, working with Dēmos and its partners, North Carolina’s State Board of Elections advised agencies of their responsibilities, identified NVRA coordinators for each county office, enhanced the training program, and instituted a system for tracking and monitoring agency compliance. As a result of the change in procedures, public assistance agencies experienced a five-fold increase in the average number of clients completing voter registration applications each month – increasing from 484 to 2,529. Thus, between January and August 2007, North Carolina’s agencies collected voter registration applications from more than 20,000 low-income individuals – more than these agencies registered in the preceding two years combined. Like North Carolina, Tennessee also improved its procedures (after a lawsuit by the U.S. Department of Justice) and remains a national leader in public assistance voter registration. In the two-year period 2005-2006, for example, Tennessee public assistance agencies submitted over 120,900 voter registration applications.
Election Day Registration (EDR) is another reform that eases the burden of voter registration and can help produce a more representative electorate. EDR allows eligible citizens to both register and vote on Election Day. Recent state-specific studies commissioned by Dēmos have projected substantial increases in voter turnout with EDR. In North Carolina, voting among African Americans could increase by almost 6 percentage points; a 9 percentage point increase was estimated for voters who have moved within the last six months. In Iowa, Latino turnout was projected to increase by 9 percentage points under EDR. In Colorado, turnout among the poorest citizens was estimated to increase by almost 7 percentage points.
Currently, the states of Idaho, Iowa, Maine, Minnesota, Montana, New Hampshire, North Carolina, Wisconsin, and Wyoming all have some form of EDR. The opportunity for Americans to participate in the electoral process is greatly enhanced in these states. The six states with substantial Election Day Registration experience have consistently boasted turnout rates that are 10 to 12 percentage points higher than non-EDR states. In the 2006 mid-term election, over three-quarters of a million voters took advantage of EDR in the then-seven states that offered it.
Momentum for the passage of EDR has been growing in state legislatures across the country. Iowa, Montana, and North Carolina have all enacted Election Day Registration or similar procedures since 2005, and at least 19 other states saw legislative activity on EDR in 2006-2007. Election Day Registration is a proven and effective reform to reduce barriers to participation and increase voter turnout among historically disfranchised populations.
The requirement in most states that citizens must proactively register prior to an election is a significant burden most Americans must overcome to cast a ballot. Even more unfortunate is that registration requirements seem to disproportionately inhibit participation by low-income individuals and persons of color. A strong democracy requires equal access to voter registration across all segments of the population. State election and public assistance officials are encouraged to voluntarily adopt changes to improve compliance with the NVRA, state legislators are encouraged to support EDR legislation, and local advocacy organizations are encouraged to mount campaigns (1) to ensure that their local agencies are adequately complying with the NVRA, and (2) to pass EDR in their state legislatures. Full implementation of the National Voter Registration Act and adoption of Election Day Registration are two reforms with a proven potential to reduce barriers to participation and dramatically increase the participation of low-income citizens and persons of color in the political process.