Same Day Registration Act
This bill, titled the Same Day Registration Act, would amend the Help America Vote Act of 2002 to require states to offer same-day voter registration (SDR) for federal elections. On the day of a federal election (and on any day when voting is permitted, including early voting), eligible individuals could register to vote at the polling place using a form required by the National Voter Registration Act (NVRA), or update existing registration information, and then cast their ballot in that election. There is an exception for states that, by state law in effect on enactment, do not require voter registration for federal elections. The bill also sets up a phased compliance schedule through 2030 with transitional rules to avoid immediate nationwide penalties, and it requires polling places to have the necessary forms available. Enforcement and certain clerical provisions are updated accordingly. In short, the bill would make it possible for eligible voters to register and vote at the same time and location for federal elections, subject to a staged rollout and certain logistical requirements for polling places.
Key Points
- 1Same-day registration at the polling place: On election day and on days when voting (including early voting) is permitted, eligible individuals can register to vote using NVRA-form forms, or revise their registration, and then cast their vote in that same election.
- 2Eligibility and exceptions: An “eligible individual” is someone otherwise qualified to vote in the federal election. States with a continuous state law that has no voter registration requirement for federal elections are exempt from these SDR requirements.
- 3Compliance and logistics: States must ensure polling places have copies of the registration forms that may be required. The law redesignates and relocates certain sections of HAVA to accommodate the new SDR provision.
- 4Phase-in and transitional rules: States must comply with SDR beginning with the regularly scheduled federal general election in November 2026, with adjustment paths through 2030. Early transition rules (through 2028 and 2030) allow flexibility based on population and geographic coverage:
- 5- By 2026-2027 elections, at least 1 SDR location per 15,000 registered voters must exist in each jurisdiction, and locations must be reasonably located to serve voters equitably.
- 6- If a state certifies by November 7, 2028 that full SDR is impracticable for the 2028 general election, it can still be deemed compliant for that election and for elections before November 2030 if the 1-location-per-15,000-registered-voters standard is met.
- 7Enforcement and clerical updates: Enforcement language is updated to refer to the appropriate subdivision (subtitle A of title III) rather than older sections, and the table of contents is updated to reflect the new SDR provision.