2.27.15 Noncitizen MotorVoter Gaps Prelim

True the Vote | PO Box 131768 | Houston, Texas 77219-1768 | truethevote.org

PRELIMINARY RELEASE

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Preliminary Findings of States Affirmatively Offering Noncitizen Driver

Licenses and the Impacts to Voter Registration

Project Overview

In late 2014, amid intense discussion of forthcoming executive actions on amnesty for noncitizens and

recent academic studies on the effects of the same individuals engaging in the electoral process, True the

Vote embarked on a research effort to study how state laws allowing for the issuance of drivers licenses

potentially impacted the accuracy of voter rolls. The question of whether noncitizens were registering and

voting was settled; but how these instances were allowed to occur remained largely unclear.

True the Vote now offers a progress report on its study of the ways states that issue noncitizen licenses

balance their public safety interest against federal mandates to screen all individuals engaging in covered

transactions. Preliminary findings are beginning to demonstrate comforting patterns between a number of

states. However, some stark contrasts have emerged that deserve immediate exposure.

The Landscape

A number of laws passed and executive actions taken have brought about the current crisis of confidence

that Americans feel with respect to the nations voter rolls. Taken individually, none of the policy reforms

would reasonably cause heightened concern for noncitizen voting. The following combination, though,

threatens to ring bells that cannot be un-rung and impact electoral confidence beyond a point of no

return.

In 1993, President Bill Clinton brandished his signing pen for the first time on the National Voter

Registration Act. The law created a variety of standardized procedures with respect to voter registration.

Perhaps one of the most consequential aspects of the law is Section 7, which mandates that state agencies

serving the general public must screen those participating in covered transactions for voter registration

status and offer needed assistance. This mandate was experienced most commonly when Americans

required drivers license services, and it gained the moniker Motor Voter.

In the years following the enactment of Motor Voter, a considerable number of states across the

continental U.S. opted to reform access laws for drivers licenses to noncitizens particularly those that

could not establish legal presence. Today, a total of 12 states and the District of Columbia have such laws

on their books.

Shortly before the November 2014 General Election, researchers from Old Dominion University

published data findings arguing that Most non-citizens do not register, let alone vote. But enough do that

their participation can change the outcome of close races. Their finding suggested that between the 2008

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and 2010 election cycles, more than 14 percent of noncitizens living in the United States were illegally

registered to vote.1

President Obamas November 2014 executive order to protect nearly 5 million noncitizens without proof

of legal residence from deportation stood to potentially heighten demand on states issuing drivers

licenses.2 The added concern of Social Security numbers being offered could complicate states

verification efforts between U.S. Citizens and noncitizens as well.3

The Survey

Understanding that drivers license services are likely opportunities for voter registration screenings and

that certain states are affirmatively deciding to issue them to noncitizens without legal residence, TTV

narrowed its initial survey to study mechanisms that prevent noncitizen registration in an otherwise-

mandatory transaction under the NVRA. Offices issuing drivers licenses in Arizona, California,

Colorado, Connecticut, District of Columbia, Illinois, Maryland, Nevada, New Mexico, North Carolina,

Utah, Vermont and Washington are currently being surveyed.

Three primary areas of study currently exist throughout the highlighted states. TTV has inquired how

service agents are trained to handle citizen applications versus those submitted by noncitizens. Questions

also delve into the mechanisms in place to block service agents from accidentally offering voter

registration screenings in situations that would legally not apply. Finally, TTV asks what safeguard

procedures have been put in place to prevent against fraud.

A Tale of Two States: Maryland & California

The first two states to offer full answers on initial rounds of questions, Maryland and California, serve as

a perfect case study in contrasts.

Maryland4

Beginning in January 2014, Maryland enforced new procedures for those wishing to obtain a drivers

license without valid United States Citizenship and Immigration Services documentation. According to

interviews conducted by True the Vote and available information on the Maryland Motor Vehicle

Administrations website, a noncitizen applicant faces a considerable number of steps and documents

required to qualify. Potential license holders must provide the following: proof of two (2) years filing

state and federal income taxes (certified by the Comptroller of Maryland); current, valid proof of

identification issued by a foreign government (passports are the gold standard); two documents

demonstrating Maryland residency (current residential lease, utility bills, etc.); and complete online

tutorials for written exams. All applicants must schedule an appointment for service no walk-ins at the

local MVA allowed.

1 The Washington Post; Could non-citizens decide the November election? (10/24/2014),

http://www.washingtonpost.com/blogs/monkey-cage/wp/2014/10/24/could-non-citizens-decide-the-november-

election/ 2 WhiteHouse.gov; FACT SHEET: Immigration Accountability Executive Action (11/20/2014),

http://www.whitehouse.gov/the-press-office/2014/11/20/fact-sheet-immigration-accountability-executive-action 3 Associated Press; Some Immigrants Eligible for Social Security Under Obama Immigration Executive Order

(11/26/2014), http://www.huffingtonpost.com/2014/11/26/immigration-executive-order_n_6229236.html 4 Content was gathered via State of Maryland websites and phone/email correspondence with the Maryland Motor

Vehicles Administration, Office of External Affairs.

http://www.washingtonpost.com/blogs/monkey-cage/wp/2014/10/24/could-non-citizens-decide-the-november-election/http://www.washingtonpost.com/blogs/monkey-cage/wp/2014/10/24/could-non-citizens-decide-the-november-election/http://www.whitehouse.gov/the-press-office/2014/11/20/fact-sheet-immigration-accountability-executive-actionhttp://www.huffingtonpost.com/2014/11/26/immigration-executive-order_n_6229236.html


Interviews with MVA staff offered general details on how service agents handling noncitizen applications

are given training and equipment to spot forged documents. All documentation provided is captured in

case of potential subsequent law enforcement investigations. With respect to voter registration

protections, agents software interfaces disable all voter registration prompts and will not allow data entry

when a noncitizen application is being processed. As a final check on the accuracy of the residential

address provided, newly issued licenses are sent via U.S. Postal Service no same-day service is

available.

California5

Californias new procedures allowing for noncitizen access to drivers licenses came into force in January

2015 and are already yielding substantial application rates according to recent DMV reports. A February

18, 2015, press release claimed a total of 236,000 applications were created in the month of January

2015.6 Californias application process and document requirements vary, compared to Maryland rules.

Applicants are encouraged to schedule appointments, yet are offered walk-in service at locations in Los

Angeles, Lompoc, San Jose and Stanton. While California applicants are required to provide proofs of

residence and identity similar to those in Maryland,7 they need not provide tax filings. Standard vision

tests, thumbprints, photographs and appropriate examinations must also be taken in due course.

Interview attempts regarding voter registration precautions yielded only few, yet alarming answers as the

State began its enforcement procedures. Questions regarding training against registering noncitizen voters

and further mechanisms to prevent such actions were not answered due to claims that such materials are

not to be publicly disseminated. However, documents made available indicate that instructions for

service agents to screen walk-ins for their citizenship status as it pertained to voter registration

were formally distributed across the state only after True the Vote made its inquiry. In sum, TTV

requested such information on December 1, 2014, and was later informed on December 24 that

responsive documents existed, which included copies of instructions and screening scripts sent to all

DMV Field Operations Division Regional Administrators on December 24, 2014. Similar instruction

packets distributed on April 25 and September 29, 2014, -- well after AB 60 was signed in 2013 make

no mention of noncitizen screening.

Next Steps

California and Maryland are not the only states beginning to offer answers. As of the date of this report,

all states, with the exception of Arizona, Connecticut, Illinois and Washington State, are sharing vital

information. Upon completion of this survey project, True the Vote intends to highlight the strengths and

weaknesses of processes across the country and arm citizen activists with the information they need to

spark reform. Depending on the future trajectory of President Obamas executive actions, TTV will work

to demonstrate how federal activity can reasonably impact individual states procedures as well.

5 Content was gathered via State of California websites and phone/email correspondence with the California

Department of Motor Vehicles, Legal Affairs Division. 6 California Department of Motor Vehicles press release; DMV Weekly AB 60 Implementation Statistics Update

(2/18/2015), https://www.dmv.ca.gov/portal/dmv/detail/pubs/newsrel/newsrel15/2015_16 7 AB 60 Document Options for A California Driver License, http://dmv.ca.gov/portal/wcm/connect/11a86d62-

f848-4012-bc7d-4192bdef4f00/doc_req_matrix.pdf?MOD=AJPERES

https://www.dmv.ca.gov/portal/dmv/detail/pubs/newsrel/newsrel15/2015_16http://dmv.ca.gov/portal/wcm/connect/11a86d62-f848-4012-bc7d-4192bdef4f00/doc_req_matrix.pdf?MOD=AJPEREShttp://dmv.ca.gov/portal/wcm/connect/11a86d62-f848-4012-bc7d-4192bdef4f00/doc_req_matrix.pdf?MOD=AJPERES


What You Can Do

Research Database: True the Vote is currently circulating its national application for those wishing to

become trained for the new Voter Registration Research Database. Whether you are a veteran sleuth or

new recruit, the first step to get involved is by signing up here.

Ask Questions: You are in an ideal position to submit open records requests to your local jury

commission. Seek records of those trying to avoid being called upon by claiming they are not a U.S.

citizen. Based on our experience, it will take some work. However, you will have excellent source

material to begin verifying voter rolls. If you have additional questions about this process, shoot us an

email.

Support the Cause: Studying potential gateways for noncitizens to land on voter rolls is exhausting,

resource-consuming work. Please consider helping us grow our research efforts with a generous financial

contribution. You would be amazed by what we find -- and what we change -- just by asking

questions. These voter rolls belong to the American electorate. Your financial support helps us keep it

that way.

True the Vote (TTV) is an IRS-designated 501(c)(3) voters rights organization, founded to inspire

and equip voters for involvement at every stage of our electoral process. TTV empowers

organizations and individuals across the nation to actively protect the rights of legitimate voters,

regardless of their political party affiliation. For more information, please visit www.truethevote.org.

VoteStand is now available for both iOS (Apple) and Android devices free of charge. For more detailed

technical information, visit the official VoteStand website at www.votestand.com.

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2.27.15 Noncitizen MotorVoter Gaps Prelim