There has been a recent uproar regarding an X post by one of our legislators regarding voter registration forms that were provided to a refugee in Spartanburg. Before you get your panties in a bunch let us review our federal and state law.
The national voter registration also known as motor voter law allows for these forms to be made available in the state agencies.
From their website:
What is the NVRA?
The National Voter Registration Act of 1993 (also known as the “NVRA” or “motor voter law”) sets forth certain voter registration requirements with respect to elections for federal office. Section 5 of the NVRA requires that States offer voter registration opportunities at State motor vehicle agencies. Section 6 of the NVRA requires that States offer voter registration opportunities by mail-in application. Section 7 of the NVRA requires that States offer voter registration opportunities at certain State and local offices, including public assistance and disability offices. Section 8 of the NVRA contains requirements with respect to the administration of voter registration by States and requires States to implement procedures to maintain accurate and current voter registration lists.
What voter registration opportunity is required by Section 5 of the NVRA?
Each State motor vehicle driver’s license application (including any renewal application) submitted to a State motor vehicle authority must serve as a simultaneous voter registration application unless the applicant fails to sign the voter registration application. This application for voter registration must be considered as updating any previous voter registration by the applicant.
In addition, any change of address form submitted for State driver’s license purposes must also serve as notification of change of address for voter registration purposes unless the registrant states on the form that the change of address is not for voter registration purposes. This means that all changes of address submitted to State motor vehicle offices must be forwarded to election authorities unless the registrant affirmatively requests otherwise by opting out on the form.
Our state law also coordinates with this via Article 4 Section 7 5 310 and 7 5 320
These laws allow multiple state agencies to provide voter registration forms. Here is an excerpt from 7 5 310.
Multiple Site Voter Registration and Responsibilities of the State Election Commission in Implementing the National Voter Registration Act of 1993
SECTION 7 5 310. Definitions; designations.
(A) As used in this article:
(1) “Voter registration agency” means an office designated to perform specific voter registration activities;
(2) “Motor vehicle driver’s license” means any personal identification document issued by the Department of Motor Vehicles.
(B) There are designated the following voter registration agencies:
(1) Department of Social Services;
(2) Department of Health and Environmental Control WIC program;
(3) Department of Disabilities and Special Needs;
(4) Commission for the Blind;
(5) Department of Vocational Rehabilitation;
(6) South Carolina Protection and Advocacy System for the Handicapped;
(7) Armed Forces recruiting offices;
(8) Alcohol and Other Drug Abuse Services;
(9) Department of Mental Health.
(C) At each voter registration agency, the following services must be made available:
(1) distribution of voter registration application forms in accordance with subsection (F);
(2) assistance to applicants in completing voter registration application forms, unless the applicant refuses the assistance;
(3) acceptance of completed voter registration application forms for transmittal to the county board of voter registration and elections.
(D) If a voter registration agency designated under the provisions of this section provides services to a person with a disability at the person’s home, the agency shall provide the services described in subsection (C) at the person’s home.
(E) A person who provides services described in subsection (C) may not:
(1) seek to influence an applicant’s political preference;
(2) display a political preference or party allegiance;
(3) 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
(4) 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 to vote has any bearing on the availability of services or benefits.
(F) A voter registration agency that is an office that provides service or assistance in addition to conducting voter registration shall:
(1) distribute to each applicant for the service or assistance, and with each recertification, renewal, or change of address form relating to the service or assistance the voter registration application form, including a statement that:
(a) specifies each eligibility requirement (including citizenship);
(b) contains an attestation that the applicant meets the requirement; and
(c) requires the signature of the applicant, under penalty of perjury; or
(2)(a) 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 decline to register to vote (failure to check either box being considered to constitute a declination to register for purposes of subsection (G), 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.”
(2) If a registration application is accepted within five days before the last day for registration to vote in an election, the application must be transmitted to the county board of voter registration and elections not later than five days after the date of acceptance………..
Note the highlight above that specifically states that they are supposed to specify eligibility particularly citizenship.
What is illegal is for the noncitizen to register. If they vote in an election, it would be a felony and it would eliminate their ability to gain citizenship in the future.
The fundamental problem is that there is no formal identification to determine who is and who isn’t a noncitizen.
In fact, the only barrier to registering as a citizen is signing an oath to the effect that you are a citizen. See the “Voter Registration Oath” on the registration form below:
What we need are stronger ID laws (and border laws) and a definitive way to designate non citizenship on licenses, etc.
Note that the ease of these forms is not the issue it is the way we verify people. Anyone can download these forms and apply as well and if they are 65 or older no ID is required!
We need better controls and processes in our entire election system to fight dirty rolls and fraud. We also need our laws to be followed rigorously and there should be consequences if they are not. These two issues are the most fundamental to the problem. If law enforcement is not going to take this issue seriously, all the laws in the world won’t fix these problems. Accountability is key.