D.C. Law 24-265. Automatic Voter Registration Expansion Amendment Act of 2022.
AN ACT
To amend the District of Columbia Election Code of 1955 to expand automatic voter registration by creating back-end automatic voter registration in the District.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Automatic Voter Registration Expansion Amendment Act of 2022".
Sec. 2. The District of Columbia Election Code of 1955, approved August 12, 1955 (69 Stat. 699; D.C. Official Code § 1-1001.01 et seq.), is amended as follows:
(a) Section 7 (D.C. Official Code § 1-1001.07) is amended as follows:
(1) Subsection (a) is amended as follows:
(A) Paragraph (2) is amended as follows:
(i) Subparagraph (A) is amended by striking the phrase "; or" and inserting a semicolon in its place.
(ii) Subparagraph (B) is amended by striking the phrase "; and" and inserting the phrase "; or" in its place.
(iii) A new subparagraph (C) is added to read as follows:
"(C) Has been placed on the preapproved for registration list pursuant to
(B) Paragraph (3) is amended by striking the phrase "subsection (e)" and inserting the phrase "subsections (e) and (g)" in its place.
(2) Subsection (a-1)(1)(A) is amended by striking the phrase ", or" and inserting the phrase "; or" in its place.
(3) Subsection (c)(1) is amended as follows:
(A) Subparagraph (B) is amended as follows:
(i) The lead-in language is amended by striking the phrase "vote:" and inserting the phrase "vote or indicates the applicant is not a U.S. citizen:" in its place.
(ii) Sub-subparagraph (i) is amended by striking the phrase "card shall automatically serve as an application to register to vote or update the applicant's voter registration information;" and inserting the phrase "card by a person who is not already registered to vote or preregistered to vote in the District shall automatically serve as an application to register to vote. However, any person who, at the time of the transaction with the DMV provides a document that demonstrates non-citizenship shall not be offered the opportunity to register to vote;" in its place.
(B) Subparagraph (C)(ii)(VII) is amended by striking the phrase "to vote, or, if already registered in the District, ability to decline to update the applicant's voter registration" and inserting the phrase "to vote" in its place.
(C) Subparagraph (D) is amended by striking the phrase "to vote or update the applicant's voter registration information" and inserting the phrase "to vote" in its place.
(D) Subparagraph (F) is amended to read as follows:
"(F)(i) If a registered or preregistered voter submits a change of name or address notice to the DMV, or supplies a name or address as part of a driver's license or nondriver's identification card application, renewal, or correction that differs from the voter's name or address in the voter roll, the DMV shall automatically and electronically transmit the information necessary to update the voter roll to the Board.
"(ii) Subject to compliance with applicable federal laws and regulations, if a registered or preregistered voter supplies a name or address as part of an application for a District medical assistance program (including any recertification), such as Medicaid, that differs from the voter's name or address in the voter roll, the Department of Health Care Finance shall automatically and electronically transmit the information necessary to update the voter roll to the Board.
"(iii)(I) If a registered or preregistered voter supplies a name or address as part of an agency transaction to another government agency, which the Board designates by rulemaking, and such name or address differs from the name or address in the voter roll, the agency shall automatically and electronically transmit the information necessary to update the voter roll to the Board.
"(II) The Board may designate a government agency pursuant to this sub-subparagraph without designating such agency as an automatic voter registration agency pursuant to paragraph (1)(A) of this subsection.
"(III) A government agency designated pursuant to this sub-subparagraph may include an agency of the federal government, subject to the agreement of such agency.
"(iv) Upon receipt of the information described in sub-subparagraph (i), (ii), or (iii) of this subparagraph, the Board shall change the voter roll or preapproved for registration list to reflect the change of name or address and send to the voter's address of record, by forwardable mail, notice of the change and a return form and postage-paid, preaddressed envelope by which the voter may verify or correct the information.
"(v) If the voter returns the form described in sub-subparagraph (iv) of this subparagraph and indicates that the change to the voter roll was in error, the Board shall immediately correct the voter's previously updated information in the voter roll.".
(E) Subparagraph (J) is amended to read as follows:
"(J) The DMV and the Board shall prescribe a method by which the DMV, upon obtaining a person's full name, date of birth, DMV-issued identification number, last 4 digits of the person's social security number (if available), residence address, and mailing address if different from residence address, may use the information from the voter roll to determine whether the person is already registered to vote or preregistered to vote in the District, and, if so, whether the person is registered or preregistered at the address the person provided to the DMV.".
(F) A new subparagraph (M) is added to read as follows:
"(M) Automatic voter registration agencies shall not register individuals who are not U.S. citizens.".
(4) Subsection (g) is amended as follows:
(A) Paragraph (1) is amended by striking the phrase "by completing a voter registration application and submitting it in person at the Board's office, using the digital voter service system required by subsection (b)(2A) of this section, or by mail. A registration" and inserting the phrase "by completing a voter registration application or request to activate the qualified elector's registration and submitting it in person at the Board's office, using the digital voter service system required by subsection (b)(2A) of this section, or by mail. A registration or request to activate the elector's registration" in its place.
(B) Paragraph (2) is amended by striking the phrase "applications and voter registration update notifications that" and inserting the phrase "applications, voter registration update notifications, and requests to activate registration that" in its place.
(C) Paragraph (4) is amended to read as follows:
"(4)(A)(i) After the 21st day preceding an election, a qualified elector may register to vote in the precinct in which the voter maintains residence by completing a voter registration application or request to activate the qualified elector's registration and submitting it in person at the Board's office.
"(ii) The Board may permit a qualified elector to register to vote by requesting to activate the qualified elector's registration using the digital voter service system required by subsection (b)(2A) of this section or by mail after the 21st day preceding an election.
"(B) A qualified elector shall not change the qualified elector's party affiliation after the 21st day preceding an election; except, that a qualified elector on the preapproved for registration list who is requesting to activate the qualified elector's registration may select a party affiliation after the 21st day preceding an election; and
"(C) A qualified elector may register to vote by requesting to activate the qualified elector's registration through the return of a mail ballot pursuant to
(D) A new paragraph (8) is added to read as follows:
"(8) A qualified elector may register to vote by requesting to activate the qualified elector's registration while appearing in person at a Vote Center pursuant to
(5) Subsection (j)(1)(D) is amended to read as follows:
"(D)(i) The Board may, in addition, utilize information obtained from the United States Postal Service and the National Change of Address System, which identifies registrants who have moved from the addresses listed on the Board's records. In these cases, the Board shall issue the notices prescribed in subparagraph (B) of this paragraph.
"(ii) The Board shall process information obtained from the DMV identifying registrants who have updated their name or address from the information listed in the Board's records as provided in subsection (c)(1)(F) of this section.
"(iii) The Board shall utilize information obtained from the Department of Health Care Finance (subject to compliance with all applicable federal laws and regulations), and any other agency designated by the Board, identifying registrants who have updated their name or address from the information listed in the Board's records as provided in subsection (c)(1)(F) of this section.".
(b) A new section 7b is added to read as follows:
"Sec. 7b. Automatic voter registration expansion.
"(a) The DMV shall provide to the Board the following electronic records for any person who applies for a driver's license (including a renewal or correction) or nondriver's identification card, has provided documentation demonstrating United States citizenship, is of sufficient age to register to vote or to preregister to vote, is not already registered to vote in the District, and for whom the DMV does not submit an application for voter registration to the Board pursuant to
"(1) Legal name;
"(2) Date of birth;
"(3) Residence;
"(4) Mailing address;
"(5) DMV-issued identification number or social security number;
"(6) Citizenship information; and
"(7) Electronic signature, if available.
"(b) Subject to compliance with all applicable federal laws and regulations, the Department of Health Care Finance shall provide to the Board the following electronic records for all applicants contained on each application for the District medical assistance program (including any recertification), such as Medicaid, who are of sufficient age to register to vote or preregister to vote and who are externally verified as a United States citizen as part of the medical assistance application:
"(1) Legal name;
"(2) Date of birth;
"(3) Residence;
"(4) Mailing address;
"(5) DMV-issued identification number or social security number;
"(6) Citizenship information; and
"(7) Electronic signature, if available.
"(c) Upon a determination by the Board that an agency, designated by the Board, can confirm an applicant's citizenship through documentation or external verification in the regular course of its business, the Board shall establish a schedule by which the agency shall begin providing electronic records regarding applicants who are of sufficient age to register to vote or preregister to vote and who are verified as United States citizens, subject to any modifications necessary to comply with federal law. An agency designated by the Board pursuant to this subsection may include an agency of the federal government, subject to the agreement of such agency.
"(d)(1) Unless the Board has information indicating that a person is ineligible to register to vote or is already registered to vote in the District, upon receiving information from the DMV pursuant to subsection (a) of this section, the Department of Health Care Finance pursuant to subsection (b) of this section, or an agency designated by the Board pursuant to subsection (c) of this section, the Board shall add the person to a computerized preapproved for registration list of individuals maintained by the Board who are not registered to vote in the District but are preapproved for registration based on information presented during an agency transaction.
"(2) Within 14 calendar days after the receipt of information pursuant to this section, the Board shall mail a non-forwardable notification to any person added to the preapproved for registration list, including any voter education materials it considers appropriate. The notifications shall include:
"(A) Notice that the person has been added to the preapproved for registration list;
"(B) Instructions on how the person may activate their registration and become a registered voter in the District;
"(C) Instructions on how to affiliate with a political party and an explanation of the closed primary election system in the District;
"(D) The person's ward, precinct, single-member district, and Advisory Neighborhood Commission;
"(E) Instructions on how the person can request to be removed from the preapproved for registration list;
"(F) Instructions on how the person can request that their information on the preapproved for registration list be designated as confidential and not subject to public disclosure; and
"(G) A form and postage-paid return envelope by which the person may activate their registration, which shall also provide the option to affiliate with a political party.
"(3)(A) Eligible persons on the preapproved for registration list shall be automatically sent a mail-in ballot in general elections for 4 years after they are added to the preapproved for registration list and remain on the list.
"(B) Mail-in ballots sent pursuant to subparagraph (A) of this paragraph shall include an opportunity to request activation of the person's registration pursuant to paragraph (4) of this subsection.
"(4) Notwithstanding any other law, individuals on the preapproved for registration list may request activation of their registration and become registered voters in the District by any of the following methods:
"(A) Returning the notification described in paragraph (2) of this subsection;
"(B) Accessing the digital voter service system provided by the Board;
"(C) Appearing in person at the Board's office;
"(D) Appearing in person at a Vote Center; or
"(E) Returning a mail ballot sent pursuant to paragraph (3) of this subsection.
"(5) Qualified electors on the preapproved for registration list shall be ineligible to sign nominating petitions in support of a candidate or petitions for an initiative, referendum, or recall. Signing such a petition shall not activate a qualified elector's registration.
"(e) The Board shall adopt regulations to update the preapproved for registration list. The regulations shall utilize address and name information obtained from the United States Postal Service, the National Change of Address System, the DMV, the Department of Health Care Finance (subject to compliance with all applicable federal laws and regulations), and any other government agency designated by the Board to identify individuals who have moved from the addresses listed in the Board's records or updated their name. A government agency designated under this subsection may include an agency of the federal government, subject to the agreement of such agency. The regulations shall also utilize any available records to identify individuals who are deceased.
"(f) The Board, pursuant to
Sec. 3. Applicability.
(a)(1) Except as provided in subsection (b) of this section, this act shall apply as of January 1, 2025, or upon the date of inclusion of its fiscal effect in an approved budget and financial plan, whichever is latest.
(2) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification.
(3)(A) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.
(B) The date of publication of the notice of the certification shall not affect the applicability of this act.
(b) Section 2(a)(3)(A)(i) and (F) shall apply as of the effective date of this act.
Sec. 4. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 5. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.
