[EL] query re: online voter registration -- vote-in-person requirement

[Steve Kolbert]

SHORT VERSION:
Among states with online voter registration, do any states prohibit online
registrants from voting for the first time by mail (sometimes termed a
"vote-in-person" requirement)?

LONG VERSION:
The Florida Senate's Ethics and Elections Committee will be considering SPB
7068 <http://www.flsenate.gov/Session/Bill/2014/7068> at a hearing today at
4pm <http://www.flsenate.gov/Committees/show/EE>. The bill would, among
other things<http://www.miamiherald.com/2014/03/08/3982821/new-senate-bill-would-limit-absentee.html>,
establish an online voter registration system, but would bar first-time
voters who registered online from voting by mail until they had voted in at
least once in person, either via early voting or at their Election Day
polling place. (The bill would exempt from the requirement voters over 65,
military/overseas voters, and physically disabled voters.)

You can imagine this vote-in-person requirement being an issue for college
students: young voters are especially likely to register
online<http://www.governing.com/columns/tech-talk/col-online-registration-increased-california-youth-vote.html>,
but then would find themselves unable to request an absentee ballot be sent
to them at school.

I'm aware of states that impose a vote-in-person requirement for first-time
voters who register *by mail* -- see, e.g., Va. Code §
24.2-416.1<http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-416.1>--
but do any states have a similar requirement for *online* registrants?

I'd also be curious if anyone had an opinion on whether the NVRA, in
particular 42 U.S.C. §
1973gg-4(c)<http://www.gpo.gov/fdsys/pkg/USCODE-2011-title42/html/USCODE-2011-title42-chap20-subchapI-H-sec1973gg-4.htm>,
would raise questions about the legality of such a vote-in-person
requirement for voters who are *not* registering for the first time *by
mail* (i.e., they're registering online). I notice that § 1973gg-4(c) only
allows states to impose a vote-in-person requirement for first-time *mail*
registrants; it says nothing about permitting such a requirement for
first-time *online* registrants. Does anyone think the NVRA would cause a
problem here?

Any thoughts appreciated!


Steve Kolbert
(202) 422-2588
steve.kolbert at gmail.com
@Pronounce_the_T
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