State Restrictions on Voter Registration Drives

1 State Restrictions on Voter Registration Drives By Diana KasdanBrennan Center for Justice at New York University School of LawABOUT THE BRENNAN CENTER FOR JUSTICE The Brennan Center for Justice at New York University School of Law is a non-partisan public policy and law institute that focuses on the fundamental issues of democracy and justice. Our work ranges from voting rights to campaign finance reform, from racial justice in criminal law to Constitutional protection in the fight against terrorism. A singular institution part think tank, part public interest law firm, part advocacy group the Brennan Center combines scholarship, legislative and legal advocacy, and communications to win meaningful, measurable change in the public sector.

2 ABOUT THE BRENNAN CENTER S DEMOCRACY PROGRAM The Brennan Center s Democracy Program works to repair the broken systems of American democracy. We encourage broad citizen participation by promoting voting and campaign reform. We work to secure fair courts and to advance a First Amendment jurisprudence that puts the rights of citizens not special interests at the center of our democracy. We collaborate with grassroots groups, advocacy organizations, and government officials to eliminate the obstacles to an effective democracy.

3 ACKNOWLEDGEMENTS The Brennan Center gratefully acknowledges the Democracy Alliance Partners, Educational Foundation of America, Ford Foundation, Anne Gumowitz, Irving Harris Foundation, The Joyce Foundation, The JPB Foundation, Mitchell Kapor Foundation, John D. and Catherine T. MacArthur Foundation, Mertz Gilmore Foundation, Open Society Foundations, Rockefeller Family Fund, the State Infrastructure Fund, the William B. Wiener Jr. Foundation, and Nancy Meyer and Marc Weiss for their generous support of our voting work.

4 Thank you to Brennan Center colleagues, Jonathan Brater for his invaluable contributions to both the research and drafting of this report and Lianna Reagan for her many hours of assistance, particularly in contacting election officials. A special thank you to legal intern Josh Stager for his extensive research throughout this project. This report also benefited greatly from the direction and guidance of Wendy Weiser and the thoughtful editorial assistance of Jim Lyons. ABOUT THE AUTHOR Diana Kasdan serves as counsel for the Brennan Center s Democracy Program.

5 As part of the Voting Rights and Election team, Ms. Kasdan focuses on litigation and advocacy to enhance political participation, prevent Voter disenfranchisement, and ensure election integrity. Prior to joining the Brennan Center, Ms. Kasdan was a senior staff attorney at the ACLU Reproductive Freedom Project where she litigated a variety of constitutional and civil rights cases in federal and State courts across the country. A graduate of New York University School of Law and Washington University, Ms.

6 Kasdan clerked for the Honorable Nicholas G. Garaufis of the United states District Court for the Eastern District of New York. TABLE OF CONTENTS Foreword 1 I. Introduction 2 II. The Value of Voter Registration Drives 3 III. State Laws Restricting Voter Registration Drives 4 1. Official Volunteer Systems 5 2. Training Programs 5 3. State Registration and Reporting Mandates 6 4. Return Deadlines and Penalties 6 IV. State -by- State Survey 12 State Restrictions ON Voter Registration Drives | 1 FOREWORD Our democracy is strongest when all eligible citizens participate.

7 And to do so, they need to be registered to vote. This guide is issued at a time when politicians and political operatives across the country are trying to make it harder for some Americans to engage in the democratic process. Since the beginning of 2011, 19 states have passed 25 laws and 2 executive actions about voting. The laws vary from requiring certain forms of government-issued photo ID to vote, to making it harder to register to vote, to cutting back on early voting, to name a few. But they all have the same impact: They all make it more difficult for those Americans who typically have the least access to power in our democracy to have their say at the ballot box.

8 Given their success at bringing in new voters, it is not surprising that Voter Registration Drives have also come under attack. This past year, at least 8 states saw legislative efforts to restrict Voter Registration Drives . Laws passed in Florida and Texas shut down Drives across the State , including those run by the League of Women Voters of Florida, which had been registering voters for 70 years. The most onerous parts of the new laws have recently been blocked by federal court decisions, but the battle is not yet over.

9 In Michigan, the governor recently vetoed a similar attempt to limit Voter Registration groups, which the legislature is trying to revive. Restrictive legislation also came close to passage in South Carolina. This misguided legislative movement appears to be growing, not abating. The obstacles these new laws put in the path of voting particularly impact minorities, seniors, people with disabilities, students, and those who have been hardest hit by the economy. Many of the same groups are also being affected by inaccurate and hasty efforts to purge the Voter lists of ineligible voters right before the election.

10 But the news isn't all bad. While some politicians are targeting certain Americans with new voting requirements, community-based groups across the country are seeking out those same Americans to provide assistance. Voter Registration Drives are especially helpful to those who have the hardest time navigating new voting obstacles. Blacks and Hispanics, for example, register through Voter Registration Drives at twice the rate as other groups, according to Census figures. While Voter Registration Drives are especially needed in some communities, they benefit everyone.