Last week, Vermont became the most recent state to pass an automatic voter registration (AVR) reform to potentially bring significantly more citizens to the electorate.
Typically, a citizen is given the opportunity to register to vote when they apply for or update their driver’s license. To do this, they must affirmatively opt-in to register to vote. Automatic voter registration, however, shifts the presumption so eligible voters are automatically registered, unless they decline. Because of this streamlined model, AVR has the potential to significantly increase voter registration rates in America.
When a state implements an automatic voter registration system, it is important that the state continue to adhere to the requirements of the National Voter Registration Act (NVRA). Vermont’s new law illustrates that this can be easily accomplished and adopts many of the recommendations in our AVR Best Practices paper. Here’s how:
First, the NVRA requires agencies to offer voter registration during certain transactions, including, for example, an application for a new or renewed driver’s license. Vermont’s AVR law retains a registration offering, but streamlines the process and shifts the presumption to favor registration unless the applicant declines or “opts-out.”
Second, under the NVRA, the voter registration procedures must provide applicants with a chance to attest to meeting voter eligibility requirements. Vermont’s new law requires that applicants be provided the voter qualifications and alerts applicants that they may decline. Any AVR proposal should allow for voter registration declination during agency transactions, as this is the only way to obtain meaningful attestations about voter eligibility. Moreover, an upfront opt-out ensures ineligible people, or those who prefer to remain unregistered for any number of reasons, receive a clear, simple way to decline.
Third, Vermont’s AVR law also retains NVRA disclosures, such as notification to applicants that the decision to decline registration and the identity of the registration agency will remain confidential. While they may seem like technical requirements, there are good reasons behind the NVRA’s provisions. For example, applicants may feel more comfortable declining with knowledge that the decision is confidential. And, while AVR will only be offered in at DMVs in Vermont, the NVRA requires registration at other public agencies that some people may prefer to keep confidential.
Finally, the bill also contains critical language to help protect against unintended consequences that could face any ineligible person who is accidentally registered through this process. Many non-citizens, like Green Card and Visa holders, may apply for driver’s licenses. If the AVR system accidentally leads to the voter registration of non-citizens without their knowledge, there could be grave consequences that may even tear apart the families of law-abiding residents. Of course, registering to vote when a person knows they are not eligible is still a crime.
Project Vote commends Vermont lawmakers and Governor Peter Shumlin for passing an AVR system that will increase voter registration while providing important protections though NVRA compliance and other provisions. Given modern technology, there’s simply no reason for registration to create voting barriers. Automatic registration is a promising reform and Vermont is a great example of how to do it right.
