May a State delay the effective date of a person's registration to give it time to undertake HAVA's verification procedures?

There are two relevant federal law obligations. Section 8(a)(1) of NVRA requires that covered States to "ensure that any eligible applicant is registered to vote in an election" if the "valid voter registration form of the applicant" is submitted, accepted, received or postmarked, as the case may be, within 30 days before the federal election in question (or lesser period if allowed by state law). Under the new HAVA, Section 303(b) requires States to begin verifying certain information from mail-in registrants as of January 1, 2004, and Section 303(a)(5) requires non-exempt States to begin verifying certain information from all registrants as of January 1, 2004 or with a good cause extension from the EAC, as of January 1, 2006.

The creation of an efficient verification process is critical because an applicant's registration cannot become effective until the information has been verified. If the verification cannot be completed between the close of registration and the election date, ... more.

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