voting or qualifying to vote....".

In 1993, Congress enacted the National Voter Registration Act29 (NVRA), which requires

that, for federal elections, states establish demo and expeditious procedures so that eligible citizens

may register to vote.30 Pursuant to the NVRA, version 1974a of title 42 makes it a crime for any

person to willfully steal, destroy, conceal, mutilate, or alter any voting records, including those

having to do with voter registration.31

After the widespread problems that occurred in the November 2000 election, Congress

enacted the Help America Vote Act (HAVA),32 thereby creating a new federal agency with

election administration responsibilities, setting requirements for voting and voter-registration

systems and certain other aspects of election administration, and providing federal funding.

Perhaps the central requirement of HAVA was that, beginning January 1, 2004, any voter not

listed as registered must be offered and permitted to cast a provisional ballot. HAVA included a

variety of additional new requirements, including a provision that beginning January 1, 2004

(extendable to 2006), states using voter registration must employ computerized, statewide voter

registration systems that are accurately maintained.

C.

Ohio Election Safeguards

Ohio has enacted numerous provisions designed to protect the integrity of the voting and

tabulation process.

42 U.S.C. § 1973gg et seq. This is the so-called "motor-voter" law.

Id. Specifically, the NVRA requires states to provide procedures so that eligible

citizens may register to vote:

(1) by application made simultaneously with an application for a motor

vehicle driver's license ... ;

(2) by mail application ... ; and

(3) by application in person (A) at the appropriate registration site designated with respect

to the residence of the applicant in accordance with state law; and (B) at a federal, state,

or nongovernmental office designated under Section 7 (required for state agencies

providing public assistance and agencies primarily engaged in providing services to

persons with disabilities).

In addition, a person who knowingly and willfully deprives, defrauds, or attempts to

deprive or defraud the residents of a State of a fair and impartially conducted election process, by

the procurement or submission of voter registration applications that are known by the person to

be materially false, fictitious, or fraudulent is guilty of a crime under Section 1973gg-10 of Title

42. The act of engaging in fraudulent voter registration practices, destroying voter registration

forms, or otherwise interfering with the ability of qualified voters to register as prescribed by law

are clearly covered by these statutes and demand prompt action by the Department of Justice.

Pub. L. No. 107-252.

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