Hundreds of thousands of low-income citizens in Ohio and Indiana applied to register to vote, or updated their existing registrations, at public agency offices in 2011–2012, according to a new report released by the U.S. Election Assistance Commission (EAC). This represents a continuation of dramatic increases in applications resulting from successful lawsuits brought by voting rights groups to bring the states into compliance with the National Voter Registration Act (NVRA) of 1993.
The NVRA requires public agencies that provide public assistance, such as SNAP (food stamps), Medicaid, and other programs, also proactively offer their clients the opportunity to apply to register to vote, or update their registrations, every time they apply for benefits, recertify, or change their addresses.
NVRA Compliance in Ohio
This chart displays the numbers of voter registration applications collected by public agencies in the state of Ohio as reported to the EAC. In the years following Project Vote and its partners’ 2006 notice to the state about lack of compliance with the NVRA, the state saw an uptick in registrations. (Source: EAC; Analysis by Project Vote)
Since settling the lawsuit in 2009, Ohio’s trend has been significant gains in voter registrations at public agencies.
In 2006, Project Vote and its partners investigated Ohio’s dismal voter registration numbers at public agencies, which suggested that the state was failing to comply with this important law. In 2005 – 2006, fewer than 50,000 applications were collected. In addition, investigations at public agencies showed that many did not even have voter registration applications available. That same year, attorneys for Project Vote, Lawyers’ Committee for Civil Rights Under Law, and other groups filed suit against Ohio to bring the state into compliance with the NVRA. The law firm of Dechert LLP provided pro bono legal services. The case was affirmatively settled in 2009.
In 2009-2010, 246,923 applications or updates were submitted from public agency clients. Now, new data compiled and released by the EAC show that the trend of compliance has continued and that the changes as a result of the lawsuit are still working. Statewide, 399,214 voter registration applications, or registration updates, were submitted by public agency clients between 2011 and 2012. These numbers represent a dramatic and continued improvement over the 116,844 applications from public assistance clients collected over the two years prior to the legal settlement.
NVRA Compliance in Indiana
This chart displays the numbers of voter registration applications collected by public agencies in the state of Indiana as reported to the EAC. (Source: EAC; Analysis by Project Vote)
Since settling the lawsuit in 2011, Indiana’s trend has been significant gains in voter registrations at public agencies.
In 2009, Project Vote and its partners investigated Indiana’s dismal voter registration numbers at public agencies, which suggested that the state was failing to comply with this important law. When the NVRA first was implemented in Indiana, about 3,500 persons, on average, were submitting voter registration applications each month at public assistance offices. By 2007 – 2008, however, only about 100 registration applications per month were being collected.
In 2009, the Indiana State Conference of the NAACP brought a lawsuit to enforce the NVRA on behalf of all state public assistance clients injured by the state’s violation of federal law. Plaintiff and the class were represented by attorneys from the Lawyers’ Committee for Civil Rights Under Law, Project Vote, Dēmos, the Chicago law firm of Miner, Barnhill & Galland, the NAACP, and the ACLU of Indiana. The case was affirmatively settled in 2011.
New data compiled and released by the EAC show that the trend of compliance has continued and that the changes as a result of the lawsuit are working. In 2009-2010, 20,489 applications from public agency clients were submitted, and these numbers improved further with 52,845 voter registration applications between 2011 and 2012. These numbers represent a dramatic and continued improvement over the 2,519 voter registrations from public assistance clients collected in 2007 – 2008.
About the NVRA and the Public Agency Voter Registration Program
Widely known as the “motor voter” law, the NVRA was passed in 1993. Among its other provisions, it required voter registration be offered at motor vehicle offices and agencies providing public assistance. Over 140 million Americans have applied to register through their Department of Motor Vehicles and public agencies since the law was first implemented in 1995.
However, after initial implementation saw great gains in voter registration applications, a worrisome trend of drop offs in registrations at public agencies followed as states began ignoring the requirements of the NVRA. Voting rights groups Project Vote, Lawyers’ Committee for Civil Rights Under Law, and Dēmos created the Public Agency Voter Registration Program to ensure that voter registration at public agencies would occur in compliance with the law. Working with other voting rights groups and pro-bono legal counsel, the project works to ensure through advocacy, technical assistance, and litigation that public assistance agency clients—the poorest and most marginalized residents—are offered their legally-guaranteed opportunity to register to vote.
Over nearly a decade, Project Vote and allies have taken measures in dozens of states, through partnerships or legal action, to bring the states into compliance. This work has resulted in 1.8 million more Americans applying to be registered to vote.
References:
http://www.eac.gov/assets/1/Page/NVRA%20Reports%20and%20Data%20Sets%202006-2005.pdf
http://www.eac.gov/assets/1/Documents/2010%20NVRA%20FINAL%20REPORT.pdf
http://www.eac.gov/assets/1/Documents/EAC_NVRA%20Report_lowres.pdf