The Voting Section enforces the National Voter Registration Act of 1993, 52 U.S.C. §§ 20501 to 20511, which established certain required voter registration procedures for elections for federal office. The National Voter Registration Act provides for voter registration to be available in connection with drivers’ license applications, provides for mail-in voter registration, and provides that states must designate certain agencies such as public assistance and disability services offices as voter registration agencies. The National Voter Registration Act contains requirements with respect to administration of voter registration by states, including requiring states to implement procedures to maintain accurate and current voting rolls. The National Voter Registration Act regulates the removal of voters from the voting rolls due to change of residence by providing procedural safeguards and prohibits removals based solely on failure to vote. The National Voter Registration Act requires United States Attorney’s Offices to share written notice of federal felony criminal convictions to state election officials.

When a United States Attorney’s Office receives a complaint or other information regarding the possibility of a National Voter Registration Act violation, that office should forward the complaint or other information to the Voting Section as soon as practicable. The Assistant Attorney General for the Civil Rights Division retains final authority to determine whether a civil rights investigation should be opened; a complaint should be filed; or, in most instances (see JM 8-2.100 and 28 C.F.R. §§ 0.160 to 0.164), a case should be settled, and on what terms. The Assistant Attorney General for the Civil Rights Division may delegate this authority to subordinate Civil Rights Division officials and United States Attorneys, where appropriate. The United States Attorney’s Office and the Voting Section may work together, as appropriate, on these investigations and any resulting litigation. Division of responsibilities is determined on a case-by-case basis.

[updated December 2022]