Assessing Potential Automatic Voter Registration Partner Agencies and Programs

What agencies are in the best position to integrate secure automatic voter registration? This report finds that eight key agencies — Departments of Motor Vehicles, Medicaid, State and Federal Health Insurance Marketplaces, Unemployment Insurance, Tribal Enrollment, Naturalization, Departments of Corrections, and Medicare — have the most potential to help us reach universal registration. Many agencies and programs are not well-suited for integrating AVR because they do not collect the necessary information as part of their application process or other touchpoints with customers. Programs that are not currently AVR ready include the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC); Fishing and Hunting Licenses; and Public and Private Colleges and Universities.

Summary Findings

• When considering Automatic Voter Registration (AVR) policies, eight state and federal agencies and programs rose to the top in terms of readiness to integrate AVR and potential to reach new voters. These include: Departments of Motor Vehicles, Medicaid, State and Federal Health Insurance Marketplaces, Unemployment Insurance, Tribal Enrollment, Naturalization, Departments of Corrections, and Medicare.
• Maximizing registration rates does not require maximizing the number of AVR agencies. Many state and federal agencies are not well-suited for integrating AVR into their current application processes and other touchpoints with their customers. Excellent AVR implementation at select agencies will lead to more equitable voter registration than implementation at multiple ill-suited agencies.
• With the right constellation of agencies covered by AVR policies, states can approach the North Star of universal registration of eligible citizens along with more accurate voter records.

Introduction

The National Voter Registration Act (NVRA) of 1993 requires states to offer a voter registration opportunity to any eligible U.S. citizen who applies for a driver’s license or public assistance.¹ However, in many states, the NVRA has not reached its full potential because agency processes are not automatic and state agencies and staff are focused on other agency priorities. This is particularly true at non-DMV agencies.

In the last decade, 22 states and Washington DC have implemented Automatic Voter Registration (AVR), a more automated type of voter registration.² AVR is a process that replaces outdated paper-based registration with secure, modern, electronic systems that aim to develop complete and accurate voter registration rolls.³ AVR systems use information already collected and validated by the agency as part of its normal procedures (such as name, address, date of birth, and citizenship status) to automatically register eligible voters or update voter registration information when people apply for or renew their driver’s license or change their address.⁴ Where information necessary for voter registration is not collected as part of the license transaction, individuals are given an opportunity to attest to and/or provide this information. Agency customers voters are also given an opportunity to opt-out of the voter registration service at their request.⁵

AVR has been pioneered mostly at state Departments of Motor Vehicles (DMVs), where individuals whose proof of identity and residency documents prove their eligibility to register to vote (based on age, address and U.S. citizenship) will be automatically registered unless they decline the opportunity. This type of automatic registration significantly increases the accuracy and completeness of voter registration rolls while decreasing workloads for agency employees, lowering costs for agencies, shortening transaction times, and avoiding confusion among the public.⁶ In Oregon alone, more than 272,000 new people were added to the other rolls through transactions coming from the office of motor vehicles, and more than 98,000 of them were new voters in the November 2016 presidential election.⁷ And in 2017 and 2018, millions were registered by AVR in the states that have implemented it.⁸

This analysis focuses on evaluating agencies and programs for their capability to integrate AVR into existing applications for government programs and services. While AVR has a high impact, agencies and programs must include certain safeguards in order to be a good fit. AVR requires that agencies and programs meet certain requirements to ensure that applicants moving quickly through complicated applications do not accidentally register to vote when they are ineligible. In particular, AVR systems must prevent the registration of non-U.S. citizens, because the consequences of being erroneously registered to vote can be severe.

AVR can and should be designed in ways that do not create additional paperwork for the partner agency or the applicant. AVR works by using information provided at a point of service with an authorized agency. The authorized agency then automaticall­­­y transfers the data of individuals eligible to vote to election officials, who register these eligible individuals to vote unless they decide to opt-out. AVR policies can vary by scope and design, with the location of the opt-out opportunity forming a key design element. The two major forms of AVR, which differ on this issue, are known as partial AVR and secure AVR.

• Partial AVR (also known as “front-end” AVR): The potential voter registrant is asked about voter registration at the time of the agency transaction (phrased either as an opt-in or opt-out question) and are often asked additional questions related to voter registration. For example, in applying for or renewing their driver’s license, potential voter registrants are informed of voting eligibility requirements and given the opportunity to decline registration—often by checking a box on a paper or electronic form—indicating their desire not to be registered to vote. Unless they decline, their information is electronically transferred to state election offices in order to be added to the voter rolls. As a result of the Partial AVR model inserting additional questions during a DMV transaction, this process is not considered fully automatic.
• Secure AVR (also known as “back-end” AVR): Potential voter registrants are given the opportunity to opt out of registration after the agency transaction. Here, an individual’s information is automatically transferred by the AVR source agency to state election offices if the person is clearly eligible to register based on information and documents provided during the transaction. After receiving and processing the information, election officials send the person a mailer informing them that they will be automatically registered to vote unless they return the mailer indicating their desire not to be registered.

Baseline AVR Agency/ Program Requirements

AVR works best when an agency or program already collects and verifies all the information election officials need to register applicants to vote, identified below. Our attached table addresses each of these program requirements and a key is provided below.

• Full Name – Receives a ✓ if agencies require at least a first and last name to be provided.
• Current Street Address – Receives a ✓ if application requires a street address, and not just a mailing address, and ​​o if it asks for a street address but does not require it.
• Citizenship Status – Receives a ✓ if attestation of U.S. citizenship is verified through a paper document provided or electronically verified with a federal database. Receive an o if it asks the applicant to attest to being a U.S. citizen but it is not based on documentation presented during the transaction or otherwise verified.
• Date of Birth – Receives a ✓ if an applicant’s date of birth is required.
• Social Security Number or Driver’s License Number – Receives a ✓if requires an applicant to provide a social security number or driver’s license number.
• Signature Image⁹ – Requires an individual to actually physically sign a document either online or on paper, and captures a separate, digitized signature file. Receives a ✓ if a signature image is required.

Assessing AVR Readiness

Below we assess AVR readiness based on meeting baseline requirements described above: full name, current street address, citizenship status, date of birth, and social security number (or driver’s license number). As noted in the table, a check mark “✓“ is worth 1 point and a dot “o“ is worth ½ a point.

Agencies/ Programs with Highest Level of AVR Readiness Beyond DMV

Highest Level of Readiness (scored 5 and more) – The application process for these programs / agencies has all the elements needed for automatic voter registration.

• Departments of Motor Vehicles
• Department of Corrections (Transition to Community)
• Medicare¹⁰
• Tribal Enrollment

Very High Level of Readiness (scored 4.5 and more w no Xes) – The application processes for these programs / agencies currently meet the baseline features to explore implementation of automatic voter registration.

• Medicaid
• Children’s Health Insurance Program (CHIP) (for states with 16 and 17 year old early voter registration only)
• Federal Housing Programs
• Naturalization/ Becoming a U.S. Citizen
• Social Security Retirement Benefits
• Social Security Disability Insurance (“SSDI”)
• State and Federal Health Insurance Marketplaces
• State and Local Disability
• Supplemental Security Income (“SSI”)
• Temporary Assistance for Needy Families (“TANF”)
• Unemployment Insurance

Significant Registration Potential

Although the programs/agencies noted above meet the system requirements for AVR, it’s important to consider which programs are most likely to provide significant registration of current voters who are not registered at all through the DMV or are facing a transition where they may need to re-register or update their registration because of a new address.

Agencies/ Programs with the Most Significant Registration Potential Beyond DMV

*This number refers to licensed drivers in the US in 2020.

• Department of Motor Vehicles – In 2020, there were 228 million licensed drivers in the United States, the vast majority of all adults.¹¹ Recognizing the opportunity to register so many people, 22 states currently have some type of automatic voter registration available at the DMV.
• Medicaid – 83.6 million adults nationwide are currently enrolled in Medicaid.¹² People of color, new U.S. citizens, young adults, people with disabilities, and low-income people have been disproportionately excluded from voting in the U.S.¹³ They are also overrepresented among Medicaid recipients. Medicaid AVR would also reach people that the DMV misses, such as people who are elderly, low-income] or who have recently reached voting age.¹⁴ Increasing registration and voter turnout rates among people applying for Medicaid will reduce gaps on the basis of income, age, and race that persist in voter registration.
• State and Federal Health Insurance Marketplaces – 14.5 million people enrolled in their applicable marketplace in 2022. Many people enroll when moving to a new state, or after leaving a job to start a business. The marketplace requires annual open enrollment, which is a great opportunity for any address updates to be provided to the voter registration agency.
• Unemployment Insurance – About 1.6 million people received unemployment compensation nationwide in January 2023,¹⁵ and 232,000 people filed for unemployment insurance the week ending May 27.¹⁶ Although the numbers fluctuate, and the totals in any given state are smaller, AVR would allow people to stay connected to government and provide updated address information at a time of transition when they may need to relocate to a new state or county because they have lost employment.
• Tribal Enrollment – The Census Bureau estimates that 4.3 million people identify as American Indian and Alaska Native (AIAN) in 2020.¹⁷ In 1990, about 60 percent of people self-identified in the Census were enrolled in recognized tribes.¹⁸ However, a recent report identified that only about ⅔ of those eligible are registered to vote due to specific barriers they face, such as non-traditional mailing addresses, housing insecurity, lack of identity documents and more.¹⁹ Integrating voter registration into tribal enrollment could fill this gap.
• Naturalization – Between 600,000 and 800,000 people have become naturalized U.S. every year since 2010, and the vast majority of them are of voting age.²⁰ Integrating AVR into the naturalization process provides an opportunity to register people as soon as they become citizens and eligible to vote. For this reason, new U.S. citizens are a high priority for AVR.
• Department of Corrections – Each year, about 600,000 people leave state and federal prisons.²¹ In addition to legal restoration of voting rights for the formerly incarcerated, it’s also important to ensure these individuals are actually registered to vote. Most people leaving incarceration are paroled, and before parole begins there is a formal process that requires that individuals to identify an address when they exit. This address and other information could then be used for automatic voter registration.
• Medicare – 62.5 million people are enrolled in Medicare, our nation’s health coverage programs for people 65 and older,²² making it one of the largest programs in the U.S. Although older people are more likely to be registered to vote²³ than younger people and turnout to vote at higher rates²⁴ than younger people, gaps remain. Integrating Medicare beneficiaries into AVR makes sense because all the data needed to enroll them is provided in the Medicare application. However, because Medicare is a federal program, state voter agencies would have to work on implementation with the U.S. Department of Health and Human Services.

Moderate Level of AVR Readiness (scored 4 with no Xes) – The application process for these programs may not provide all the components of AVR readiness in every state (in the case of SNAP) or every local housing authority (Federal Housing programs). AVR may be possible in certain states based on state policy choices and application systems.

• Free Application for Federal Student Aid (“FAFSA”)
• Supplemental Nutrition Assistance Program (“SNAP” – Formerly Food Stamp Program)

Limited Level of AVR Readiness (scored below 4 / had an X) – These applications or programs may not require a street address, or may not require verification or attestation of U.S. citizenship in every state. Some of these agencies or programs could be good partners for updating addresses in the voter registration file (see next category).

• Birth Certificate Issuance
• Child Care Development Fund
• Fishing and Hunting Licenses
• Public and Private Colleges and Universities
• Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)
• State Tax Filings
• National School Lunch Program
• Veterans Programs (Verification of Military Service, Health Care, Disability)²⁵

Agencies and Programs Helpful for Address Updates

Another way in which programs and agencies can help support civic participation is by providing address updates to voter registration agencies. These programs or agencies require all applicants/ customers to provide their current street address, date of birth, and also either a social security number or driver’s license number, which can be used for matching to existing voter registration records.

• Department of Corrections
• FAFSA
• Medicare
• Naturalization/ Becoming a U.S. Citizen
• Tribal Enrollment
• Veterans Programs (Verification of Military Service, Health Care, Disability)²⁶
• Some State Tax Filings²⁷

These programs or agencies require street address information in some states, or ask for street address to be provided, but do not require it.

• CHIP (for states with 16 and 17 year old pre-registration to vote only)
• Federal Housing Programs
• Fishing and Hunting License
• Medicaid
• State Health Insurance Marketplace
• Federal Health Insurance Marketplace
• Social Security Retirement Benefits
• SSDI
• SNAP
• SSI
• TANF
• Unemployment Insurance

Additional AVR Considerations

When considering which programs and agencies have the capacity to conduct automatic voter registration, these additional criteria can be helpful in assessing feasibility:

Allows Data Sharing: Confidentiality & privacy restrictions allow for the transfer of applicant data to elections officials for the purposes of voter registration.

Substantial Impact on Voter Registration: Coverage for communities by the new agency should substantially add new registrants or more frequent updates to voter rolls. In many cases,
coverage from agency expansion can be duplicative of agencies like the DMV and Medicaid.

Protection for Non-Citizens: Non-citizens must be protected by the establishment of an
application filter which, with a high degree of confidence, ensures that non-citizens are not automatically registered to vote based on documents provided during the transaction and/or external verification of citizenship information.

Tech Readiness: Technology at the agency is ready for the implementation of AVR. Features of an agency which is “AVR-ready” include: capability to establish a secure electronic transfer of applicant data; modern processing of data including validation of physical street addresses and form validation to catch errors; and technical staff (or an external vendor) who can help maintain an AVR system post-implementation.

Accuracy of Applicant Data: A high degree of confidence in the accuracy of the information provided by applicants at the agency, specifically the fields relevant to voter registration. For example, some agencies are not strict about applicants providing their current street address versus their mailing address in the address field if it does not impact their service.

Conclusion

Although the NVRA requires states to register U.S. citizens to vote when they apply for driver’s licenses or public assistance, it has not reached its full potential because many states use outdated paper-based registration. AVR, particularly when implemented as a Secure AVR system, streamlines and modernizes these transactions, using information and documents already provided during the transaction to automate the voter registration process.

Our analysis finds it unnecessary to develop AVR systems with dozens of state and federal agencies. Instead, setting up efficient AVR systems at eight key agencies that already collect the necessary information to register voters, has the potential to help states reach universal registration with current and accurate voter rolls. The seven agencies are: Departments of Motor Vehicles, Medicaid, State and Federal Health Insurance Marketplaces, Unemployment Insurance, Tribal Enrollment, Naturalization, Departments of Corrections, and Medicare.

Acknowledgments

Thank you to the following organizations for collaborating on the detailed agency/ program analysis provided in the data appendix to this report.

• Benefits Data Trust
• Center for Law and Social Policy
• Food Research & Action Center
• Native American Rights Fund
• Justice in Aging
• National Employment Law Program
• When We All Vote
• Mass Law Reform Institute
• National Housing Law Project
• Center on Budget and Policy Priorities
• Urban Institute

Appendix: Program/Agency Detailed Analysis

^{1 Alexander Keyssar, “Voter Registration: A Very Short History,” Institute for Responsive Government, August 1, 2022, available at: https://responsivegoverning.org/research/voter-registration-a-very-short-history/
2 U.S. Election Assistance Commission to the 117th Congress, “Election Administration and Voting Survey 2020 Comprehensive Report,” August 2021, available at: https://www.eac.gov/sites/default/files/document_library/files/2020_EAVS_Report_Final_508c.pdf
3 ibid.
4 Institute for Responsive Government, “Automatic Voter Registration, November 2022,” available at: https://responsivegoverning.org/automatic-voter-registration/.
5 ibid.
6 Secure Elections Project, “How AVR Improves the Accuracy of Registration Lists,” August 2019, https://www.secureelectionsproject.org/report/how-avr-improves-the-accuracy-of-registration-lists/
7 “Who Votes with Automatic Voter Registration? Impact Analysis of Oregon’s First in the Nation Program”, Center for American Progress, June 7, 2017, available at: https://www.americanprogress.org/article/votes-automatic-voter-registration/
8 “What Happened When 2.2 Million People Were Automatically Registered to Vote,” FiveThirtyEight,October 10, 2019, https://fivethirtyeight.com/features/what-happened-when-2-2-million-people-were-automatically-registered-to-vote/
9 A signature, while sometimes necessary for voter registration (depending on the state), is not required to be collected at the point of service. With the mandatory fields collected, election officials will have sufficient information to be able to match a customer application with the voter file or the motor vehicle agency to check for an existing signature and, if none exists, to send a follow-up mailing to collect the signature.
10 This report does not explore Medicare both because Medicare is a federal program and it focuses more on state agencies that states can work with.
11 U.S. Department of Transportation, Federal Highway Administration, Highway Statistics 2020, available at: https://www.fhwa.dot.gov/policyinformation/statistics/2020/dl1c.cfm
12 Medicaid and CHIP Payment and Access Commission, “Medicaid Enrollment by State, Eligibility Group, Eligible Status,” December 22, available at: https://www.macpac.gov/publication/medicaid-enrollment-by-state-eligibility-group-and-dually-eligible-status/
13 Institute for Responsive Government, “Medicaid AVR and Vulnerable Populations,” December 9, 2022, available at: https://responsivegoverning.org/research/medicaid-avr-vulnerable-populations-2/
14 Institute for Responsive Government, “Medicaid Automatic Voter Registration Background and Overview,” December 9, 2022, available at: https://responsivegoverning.org/research/medicaid-automatic-voter-registration-background-and-overview-2/
15 U.S. Department of Labor, “Unemployment Insurance Weekly Claims,” February 2, 2023, available at: https://www.dol.gov/ui/data.pdf
16 U.S. Department of Labor, “Unemployment Insurance Weekly Claims,” June 1,, 2023, available at: https://www.dol.gov/ui/data.pdf
17 The United States Census Bureau, “Native American Heritage Day, 2022,” available at https://www.census.gov/newsroom/stories/native-american-heritage-day.html
18 Thornton, Russell. (1997) “Tribal Membership Requirements and the Demography of ‘Old’ and ‘New’ Native Americans”. Population Research and Policy Review Vol. 16, Issue 1, available at: https://www.ncbi.nlm.nih.gov/books/NBK233104/
19 National Indian Council on Aging, Inc., “Over 1.5 Million American Indians Aren’t Registered to Vote,” September 16, 2020, available at: https://www.nicoa.org/over-1-5-million-american-indians-arent-registered-to-vote/
20 Migration Policy Institute, “Migration in the United States,” 1910-Present, https://www.migrationpolicy.org/programs/data-hub/charts/number-immigrants-who-became-us-citizens
21 The Office of The Assistant Secretary for Planning and Evaluation, “Incarceration & Reentry,” available at: https://aspe.hhs.gov/topics/human-services/incarceration-reentry-0#:~:text=Each%20year%2C%20more%20than%20600%2C000,release%20and%20half%20are%20reincarcerated.
22 Kaiser Family Foundation, Total Number of Medicare Beneficiaries by Type of Coverage, 2021, available at: https://www.kff.org/medicare/state-indicator/total-medicare-beneficiaries/?currentTimeframe=0&sortModel=%7B%22colId%22:%22Location%22,%22sort%22:%22asc%22%7D.
23 Statista, Share of people registered to vote in the United States in 2022, by age, https://www.statista.com/statistics/999919/share-people-registered-vote-age/
24 U.S. Census Bureau, More Millenials Vote, available at: https://www.census.gov/content/dam/Census/library/visualizations/2017/comm/voting-rates-age.jpg
25 While Veterans programs hold promise, we were not able to confirm what information is required by the Veterans Administration, so cannot confirm how AVR ready they are.
26 ibid.
27 Vanessa Williamson,, “Using Individual Income Tax Data in Automatic Voter Registration Systems: A State-By-State Analysis,” Governance Studies at Brookings, Brookings Institution, August 2022, available at: https://responsivegoverning.org/research/usingindividualincometaxdatainautomaticvoterregistrationsystems/}