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NEWS ALERT

Justice Department Issues Guidance on Implementation of National Voter Registration Act

In a significant move, the U.S. Department of Justice has issued guidance regarding the National Voter Registration Act, an important federal statute governing voter registration. Section 7 of the law requires states to provide voter registration services at public assistance offices and other public agencies--but many states have failed to provide these services to their low-income residents, or have done so inconsistently. Because the Department of Justice is the federal agency with responsibility to enforce the law, the guidance sends a strong signal to states of the importance of providing voter registration as required by federal law.

The guidance is presented in a series of Questions and Answers and identifies the elements and procedures that a state must have in place. With respect to Section 7, the guidance identifies the offices that must provide voter registration services, to whom a voter registration application and preference/declination form must be made available, the level of required assistance, and the need to collect and transmit completed forms to state or local election officials.

Since 2004, Demos has been at the forefront of efforts to ensure that states offer voter registration opportunities to low-income citizens. Demos’ NVRA implementation work has emphasized many of the same elements that are within the DOJ’s Guidance. The Department of Justice under the previous Administration neglected enforcement of Section 7. We are hopeful that this move signals a shift in the Justice Department’s enforcement efforts.

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