NCSL - National Conference of State Legislatures
07/20/2024 | Press release | Distributed by Public on 07/20/2024 15:19
Same Day Voter Registration
Related Topic:Elections
Our organization does not run elections and cannot provide legal advice. If you are a voter looking for assistance, please contact your local election official. You can find your local election official's website and contact information by using this database from the US Vote Foundation.
Twenty-two states and Washington, D.C., have implemented same-day registration, which allows any qualified resident of the state to register to vote and cast a ballot at the same time. Twenty of those states and Washington, D.C., offer Election Day registration, which means voters can both register and vote on Election Day, often during the early voting period. Other items of note:
- In 2022, Delaware enacted HB 25, establishing Election Day registration for presidential primary, primary, special and general elections. In October 2022, the Delaware Supreme Court struck down HB 25, citing conflicts with the state's constitution.
- In 2021, Montana passed HB 176, repealing the state's Election Day registration law and moving the registration deadline to the day before Election Day. In September 2022, the Montana Supreme Court blocked implementation of the law repealing Election Day registration and, in 2024, the law was declared unconstitutional for violating the state's constitution, leaving the previous law permitting Election Day registration in effect.
- Alaska and Rhode Island allow same-day registration only to vote for president and vice president. In Rhode Island, same-day registration is done at the office of the Board of Canvassers, not at the polling place. Neither state is included in the table below.
In most other states, voters must register by a given deadline before Election Day. The deadline varies by state, with most falling between eight and 30 days before the election.
The table below provides details on states with same-day and Election Day registration, including statutes, state resources, verification procedures, locations and timeframes.
Modal title
×Implementing Same-Day Registration
Same-Day Registration Requirements
Proof of residency is a key requirement in all states that offer same-day registration. In a traditional (pre-Election Day) registration, election officials have time to send a non-forwardable mailing to the prospective voter to verify the voter's residence before processing the registration application. Because that isn't possible with same-day registration, the prospective voter must present proof of residency at the time of registration or soon after registering. A current driver's license or ID card will suffice in all states. In some states, documents such as a paycheck or utility bill with an address are acceptable for proving residence. A few states also permit an already-registered voter to vouch for the residency of an Election Day registrant.
All of the same-day registration states also require voters who register and vote on Election Day to present documentation to verify their identity. Some states require a photo ID; others accept IDs without a photo.
Ensuring Security
All states employ various measures to ensure the security of same-day voter registration. Many of the processes listed below are used in conjunction with one another. Common security measures include:
- Proof of identity and residency. All states require prospective voters to show ID. Some states will allow a provisional ballot to be cast if the prospective voter cannot provide identification at the time of registration, but ID must be provided before it is counted in the election.
- Casting of provisional ballots. Several states will count a ballot as provisional until proper ID is supplied or until the voter's application is fully checked.
- State-wide voter systems. These are used to check if the voter has already voted and to check ID. Such systems can provide real-time checks, while others are used after registration and voting. Electronic poll books often accompany this type of security measure.
- Oaths and sworn affidavits. Several states require same-day registrants to sign an affidavit or swear an oath that they are eligible to vote and have not already voted in the election.
- Criminal penalties for fraudulent voting. Some states classify voting fraud as a felony, while others will refer suspected voting fraud to proper authorities to investigate.
- In-person registration. States require those who register and vote on the same to do so in person.
- Non-forwardable mailings. If it is returned as non-deliverable or is not returned signed by the voter, a second notice is sent. The case may be forwarded to proper authorities for investigation after a second unsuccessful attempt to confirm the voter's residency.
- Restriction of location. Several states limit the locations where individuals can participate in same-day registration.
- Cross-agency and interstate verification. Some states verify an applicant's information with numerous other state agencies and even with interstate organizations.
Potential Costs
Same-day registration procedures and costs vary within states. Some states indicate there is little additional cost to implement same-day registration, though costs may include:
- The purchase of additional equipment, which could include electronic poll books or ballot-on-demand printers. Additional technology is not a requirement to implement same-day registration, however, and Connecticut, Hawaii, Idaho, Maine, Montana, New Hampshire and Vermont have all conducted same-day registration without using electronic poll books.
- If electronic poll books are used, an additional cost may be associated with connecting to a network, either within the polling place or connecting to the statewide voter registration database. This may also be difficult in more rural areas.
- Updates of the existing statewide voter registration system to accommodate same-day registration.
- Increased election staff or poll workers to process same-day registrations. This extra administrative task can be time-consuming at the same-day registration site and includes verifying registration information after the election. Many states report this is more a reallocation of costs and resources, though, rather than an additional cost.
Effect on Turnout
There is strong evidence that same-day and Election Day registration increase voter turnout, but the extent of the impact is difficult to conclude. Immediately following the implementation of same-day registration, states usually see a boost in voter numbers. States with same-day registration states also tend to outperform other states in terms of turnout percentages. Many states that have implemented same-day registration have historically produced higher voter numbers, making changes hard to gauge. Multiple studies place the effect between an increase of 3% to 7%, with an average of a 5% increase. Finally, studies reveal no conclusive evidence that same-day registration shapes partisan outcomes or whether certain populations are more likely to benefit.
Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming District of Columbia American Samoa Guam Northern Mariana Islands Puerto Rico U.S. Virgin Islands
Details for Same-Day and Election Day Registration States
| State | Year Enacted | Timeframe | Locations | Verification Process |
|
California CA Elec Code § 2170 Registration on Election Day |
2012 |
"Conditional voter registration" (CVR) is 14 days before an election through Election Day. |
County election official offices, satellite locations, and all polling places in the county. |
An elections official may offer a nonprovisional ballot to a registrant if they first verify that the registrant is eligible, has not voted, and has not been included on a roster for that election in another county in the state. The election official must then update the voter's record to indicate that the voter has already voted. If these conditions do not apply,the voter is issued a provisional ballot. Checks are done through the statewide voter registration database (VoteCal)) either through an electronic poll book or by connecting to either through an electronic poll book or by connecting to VoteCal at the office. If CVR occurs on Election Day, wherever it takes place, the elections official will wait until all polling place ballots are logged before counting a CVR provisional ballot. An elections official has until the close of the canvass to count or reject a CVR provisional ballot. |
|
Colorado Colo. Rev. Stat. § § 1-2-217.7 |
2013 |
Early voting period through Election Day. |
Statewide vote centers. Any eligible voter can register or update voter registration from any county in the state. However, the voter's unique ballot style will only be available within his/her county. A registered voter from an outside county will only receive a ballot for statewide races. |
Voters must show a Colorado state driver's license, ID card issued by the Department of Revenue or provide the last four digits of their Social Security number. A voter who does not have any of these forms of identification can indicate that on the registration form. A voter must also complete and sign a self-affirmation and affidavit. Colorado developed its own electronicpoll book system that is networked to communicate with the statewide voter registration database in real time. All jurisdictions have access to the system to check that a new registrant has not registered or voted in a different county in the same election. |
|
Connecticut Conn. Gen. Stat. § § 9-19j |
2012 |
Election Day (not offered for primary elections). |
Designated locations in each town (not at precinct polling places). |
Proof of identity and residency is required. The applicant must appear in person at the location. Applicant must, under oath, declare they have not voted previously in the election. Registrars check the state-wide centralized voter registration system. The applicant will also sign the ballot envelope confirming they are eligible to vote in the election. |
|
District of Columbia D.C. Code Ann. § 1-1001.07 Register to Vote |
2010 |
Election Day. Individuals may registerafter the 30th day preceding an election, including on Election Day. They may only register and vote on Election Day. |
Any voting location during the early voting period, and precinct polling place on Election Day. |
Applicant must appear in person at the Board of Elections' office. Applicant makes an oath and provides proof of residence and may provide any identification as required by federal, district, or board law/regulation including valid government ID, copy of current utility bill, bank statement, government check, paycheck, or other documents specified by the board. Electronic poll books are networked and synchronized, and indicate if a voter has previously registered or voted. Voters who register on Election Day and cannot provide proof of residence must vote provisionally. |
|
Hawaii Hawaii Rev. Stat. § 11-15.2 |
2014 |
Early voting period through Election Day. |
Precinct polling place or absentee polling place established in the county associated with a voter's residence. |
To register, applicants must provide their Hawaii driver license, state ID, last four digits of their social security number, or voter ID, which will be confirmed when received by the clerk's office. Applicant makes a sworn affirmation that they have not voted and are qualified to vote. Any applicant providing false information may be guilty of a Class C felony pursuant to state law. |
|
Idaho Idaho Code § 34-408A |
1994 |
Election Day. |
Precinct polling place where voter resides. |
Voters doing same-day registration are required to show a photo ID and proof of residence, i.e. a bill, bank statement, check stub, or any other document with their name and residence address within the precinct printed on it. Voters also complete an oath as prescribed by the secretary of state. |
|
Illinois Ill. Rev. Stat. ch. 10, § 5/5-50 Voter Registration |
2005 and 2015 |
"Grace period registration" is from the 27th day prior to the election through Election Day. |
Office of the election authority, at a permanent polling place, at any other early voting site beginning 15 days prior to the election, at a polling place on election day, or at a voter registration location specifically designated for this purpose by the election authority. |
Two forms of identification with at least one showing current address. Driver's license and university or collage ID can be one of the two, as can current utility bill, bank statement, paycheck, government check, or other government document that shows name and address. Local election officials verify information of same-day registrants, usually after the election. If duplicate registrations and voting history are found, it would be up to each local official to provide that information to their local state's attorney. If a voter is unable to provide the required identification, they would vote provisionally. |
|
Iowa Iowa Code §39A.2, §48A.7a |
2007 |
In-person absentee period through Election Day. |
To register and vote on Election Day, voters must show a current photo ID as well as current proof of residency. The applicant also completes a written oath. Counties do use electronic poll books, but they are not connected to the statewide voter registration database. If a voter did register and vote at more than one location on Election Day, it would be caught when vote credit is applied through the statewide voter registration database. Voting more than once is election misconduct in the first degree. |
|
|
Maine Me. Rev. Stat. Ann. tit. 21, § 112-A, §121-A, §122 |
1973 |
Election Day, however, there is no registration deadline when registering to vote in person at the town office or city hall. The deadline for mail registrations and voter registration drives is the 21st day before the election. |
In person at the town office or city hall prior to the election, and precinct polling place where voter resides on Election Day. |
If a voter registers to vote on Election Day, and can show proof of identity and residency, then they vote a regular ballot. If they don't show satisfactory proof, then they vote a provisional ballot. Real-time registration is not available, but if a voter attempts to register and vote in more than one location, the local election official would be alerted when trying to enter voting history after the election in the statewide voter registration database. The voter would be referred for prosecution for dual voting if applicable. |
|
Maryland Md. Code, Election Law, § 3-305, 3-306 |
2013 and 2018 |
Early voting period through Election Day. |
Early voting locations and precinct polling place on Election Day. |
During the early voting period, Maryland partners with the Motor Vehicle Administration to obtain the drivers licenses of those who are eligible to register but aren't in the statewide voter registration database. An individual would supply their driver's license to register and vote. If the individual doesn't have a driver's license they would vote via provisional ballot. Electronic poll books are networked together during the early voting period, but not on Election Day. Individuals appearing at a polling place on Election Day must provide proof of residency. If the voter is a resident of the precinct and is qualified to register, they are issued a regular ballot. If the voter is a resident of the county but not the precinct and is qualified to register to vote, the voter is issued a provisional ballot. |
|
Michigan Mich. Comp. Laws § 168.497 Registration on Election Day |
2018 |
Early voting period through Election Day. |
At the city or town clerk's office where the voter resides. |
An individual who applies to register to vote during this period must provide proof of residency in the city or township to vote a regular ballot. If an individual cannot provide proof of residency, the ballot is considered a provisional ballot and will be counted unless determined otherwise. |
|
Minnesota Minn. Stat. § 201.061 |
1974 |
Election Day. |
Precinct polling place where voter resides , county offices, and in-person absentee voting centers. |
Election Day registrants must provide proof of residence. Voting history and Election Day registrants are input simultaneously into the statewide voter registration database after the election. The system provides notifications if there is an indication that an individual voted before an Election Day registration, or if more than one Election Day registrations were input for the same individual. Data provided by an Election Day registrant is verified with the Division of Vehicle Services and/or the Social Security Administration, the Department of Corrections and the Department of Public Safety. |
|
Montana Mont. Code Ann. § 13-2-110; § 13-2-304; § 13-2-514 |
2005; Election Day registration repealed in 2021 Note: In 2021, Montana passed HB 176 , repealing the state's Election Day registration law and moving the registration deadline to the day before Election Day. In September 2022, the Montana Supreme Court blocked implementation of the law repealing Election Day registration. It was declared unconstitutional in 2024 for violating the state's constitution, leaving the previous law permitting Election Day registration in effect. |
Late registration (after the registration deadline 30 days before an election) is available through noon the day before the election at county election offices. |
County election office. |
Local election officials verify signatures and identification of voters. |
|
Nevada Nev. Rev. Stat. § 293.5842; § 293.5847 Register to Vote |
2019 |
Early voting period through Election Day. |
Any polling location in the county or city, as applicable, in which the elector is eligible to vote. |
A voter must provide a current and valid driver's license or identification card issues by the Department of Vehicles which shows his or her physical address. If that card does not have the elector's current residential address, other documents containing the elector's current residential address may be used to establish residency. During early voting, it must be verified that the elector is qualified to register to vote to cast a regular ballot, or the voter must cast a provisional ballot. Voters registering on Election Day are conditionally registered and must vote a provisional ballot. County and city clerks must establish procedures, approved by the secretary of state, for carrying out final verification to determine whether a person who cast a provisional ballot was qualified to register cast the ballot in the election. |
|
New Hampshire N.H. Rev. Stat. Ann. §654:7, §654:7-a Register to Vote |
1996 |
Election Day. |
Town or city ward where the voter resides. |
Voters must provide sufficient identification and proof of residency to receive a ballot. Those who present insufficient photo identification get their picture taken at the polls and sign an affidavit. New Hampshire sends letters with return post cards to all who sign affidavits on Election Day and submits to the attorney general all who fail to return signed post cards or whose letters are returned marked "undeliverable." After the election, New Hampshire runs a variety of checks to identify potential double voters. A check is conducted against the statewide voter registration database to identify those that may have voted elsewhere in the state, and the Interstate Crosscheck to identify those that may have voted out-of-state. If found, double voters are referred to the attorney general for enforcement. |
|
New Mexico N.M. Stat. Ann § 1-4-8 Registration on Election Day |
2019 |
Twenty-eight days prior to the election through Election Day. |
County election official offices and alternate locations designated by the county election official |
A voter looking to update their registration or register to vote must provide either:
If an early voting site does not have real-time access to the statewide electronic voter file, the voter will be issued a provisional ballot. |
|
North Carolina N.C. Gen. Stat. § § 163-865 |
2007 |
Early voting period only. |
Early voting locations determined by county. |
Voters must attest to their eligibility and provide proof of residence. Within two business days of the person's registration, the county board of elections will verify the registrant's driver license or social security number, update the voter registration database, search for possible duplicate registrations, and proceed to verify the registrant's address by mail. The registrant's vote will be counted unless the county board of elections determines that he or she is not qualified to vote. |
|
Utah Utah Code Ann. § 20A-2-207 Register to Vote |
2018 |
Early voting period and Election Day. |
Early voting locations and polling places. |
Voters may register to vote and vote via provisional ballot. Voters must provide valid voter identification and proof of residency, and the provisional ballot is counted at canvass if the voter has met the required qualifications. The ballot is not counted if the county clerk finds that the voter is not eligible for registration or not legally entitled to vote. |
|
Vermont Vt. Stat. Ann. tit. 17, §2144 Voter Registration |
2015 |
Up to and including Election Day. |
Town or city clerk's office before the election, and precinct polling place where voter resides on Election Day. |
Vermont has the ability to conduct a post-election audit that would identify any individual who registered and voted in more than one town in the same election. The results of that report would be sent to the attorney general's office for investigation and prosecution. |
|
Virginia Va. Code § 24.2-420.1 |
2020; implemented 2022 |
Early voting period through Election Day. |
Office of the registrar and polling place locations on Election Day. |
Voters may register to vote and vote via provisional ballot, and the provisional ballot is counted at canvass if the voter has met the required qualifications. The ballot is not counted if the county clerk finds that the voter is not eligible for registration or not legally entitled to vote. |
|
Washington Wash. Rev. Code § 29A.08.140 Register to Vote |
2018 |
Up to and including Election Day. |
County auditor's office, a voting center, or other location designated by the county auditor |
n/a |
|
Wisconsin Wis. Stat. §6.29 Register to Vote |
1975 |
Election Day. |
Precinct polling place where voter resides. |
All individuals must provide both a proof of residency document and proof of identification document to register on Election Day. The statewide voter registration system provides notification to local election officials to prevent duplicate registration records, although that process happens only after the registration is entered into the system which is usually after Election Day. Voting at two locations on Election Day is a felony offense. |
|
Wyoming Wy. Stat. §22-3-104 |
1994 |
Election Day. |
Polling place or vote center, if vote centers are available in the county, or other location designated by the county clerk. |
Applicants may vote a regular ballot if they are able to provide proof of identity and residency. Otherwise, they are required to cast a provisional ballot. Every county that uses vote centers has its electronic poll books networked securely through a VPN and several layers of encryption. Electronic poll books are used to check whether a potential registrant has already voted elsewhere. |