Are We Registering Noncitizens In South Carolina?

 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.

The national voter registration also known as motor voter law allows for these forms to be made available in the state agencies.

The National Voter Registration Act of 1993 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 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.

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.

These laws allow multiple state agencies to provide voter registration forms.

"Voter registration agency" means an office designated to perform specific voter registration activities;.

Distribution of voter registration application forms in accordance with subsection;.

Assistance to applicants in completing voter registration application forms, unless the applicant refuses the assistance;.

Acceptance of completed voter registration application forms for transmittal to the county board of voter registration and elections.

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 at the person's home.

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.

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.

The question, "If you are not registered to vote where you live now, would you like to apply to register to vote here today?"

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.";.

Boxes for the applicant to check to indicate whether the applicant would like to register or decline to register to vote, together with the statement, "IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME."

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. 

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