[Federal Register Volume 59, Number 47 (Thursday, March 10, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5461]
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[Federal Register: March 10, 1994]
VOL. 59, NO. 47
Thursday, March 10, 1994
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FEDERAL ELECTION COMMISSION
11 CFR Part 8
[Notice 1994-3]
National Voter Registration Act of 1993
AGENCY: Federal Election Commission.
ACTION: Notice of Proposed Rulemaking.
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SUMMARY: The Federal Election Commission is seeking comments on
proposed regulations governing the national mail registration form and
recordkeeping and reporting requirements under the National Voter
Registration Act of 1993 (``NVRA'' or ``the Act''). Please note that
the draft rules which follow do not represent a final decision by the
Commission on the issues presented by this rulemaking.
DATES: Comments must be received on or before April 11, 1994.
ADDRESSES: Comments must be in writing and addressed to: Ms. Susan E.
Propper, Assistant General Counsel, 999 E Street, NW., Washington, DC
20463.
FOR FURTHER INFORMATION CONTACT:
Ms. Susan E. Propper, Assistant General Counsel, 999 E Street, NW.,
Washington, DC 20463, (202) 219-3690 or (800) 424-9530.
SUPPLEMENTARY INFORMATION: Under section 9 of the National Voter
Registration Act of 1993, Public Law 103-31, 197 Stat. 77, 42 U.S.C.
1973gg-1 et seq., the Federal Election Commission is required to
develop a national mail voter registration form (``form'') for
elections to federal office, and to submit to Congress no later than
June 30 of each odd-numbered year (beginning June 30, 1995), a report
that assesses the impact of the Act and recommends improvements in
federal and state procedures, forms, and other matters affected by the
Act. 42 U.S.C. 1973gg-7(a). The Commission has no interpretive
authority beyond these areas, and no enforcement powers.
The Commission notes, however, that this rulemaking does not apply
to states where, on and after March 11, 1993, there was no voter
registration requirement for any voter in the state with respect to an
election for Federal office; or all voters in the State may register to
vote at the polling place at the time of voting in the general election
for Federal office. 42 U.S.C. 1973gg-2(b).
On September 30, 1993, the Commission published an Advance Notice
of Proposed Rulemaking (``ANPRM'') to gain general guidance from the
regulated community and other interested parties on how best to carry
out these responsibilities. 58 FR 51132. The Commission received 65
comments from 63 commenters in response to the ANPRM. In addition, the
Commission's National Clearinghouse on Election Administration
conducted a survey of state election officials to obtain information on
state laws and procedures that impact on Commission responsibilities
under the NVRA. Both the comments on the ANPRM and results of the
survey have been considered in drafting these proposed rules and are
thus part of the rulemaking record.
The Commission is publishing this Notice of Proposed Rulemaking
(``NPRM'') to seek comments from the regulated community and other
interested parties on the specific items of information that it
proposes to include on the mail registration form, and on the specific
items of information that it proposes be required from the states to
carry out the Act's reporting requirements.
The National Mail Voter Registration Form
The Commission is charged with developing a national mail voter
registration form that ``may require only such identifying information
(including the signature of the applicant) and other information
(including data relating to previous registration by the applicant) as
is necessary to enable the appropriate State election official to
assess the eligibility of the applicant and to administer voter
registration and other parts of the election process.'' 42 U.S.C.
1973gg-7(b)(1). (The Act also requires certain specific information and
attestation items to be included on the form. However, except with
regard to format, these items are not discussed below because they are
required by the Act.) The Commission is seeking comments on both the
proposed items of information to be required or requested on the
national mail registration form and the form's proposed format.
The form may require only information that is ``necessary'' to
assess the eligibility of the applicant and to administer voter
registration and other parts of the election process. Since information
not deemed ``necessary'' cannot be required on the form, there may be
conflicts between what is permissible under the NVRA and current state
requirements. Several comments to the ANPRM questioned whether states
may take the national form and add additional or optional items on a
version of the form prepared by a state under 42 U.S.C. 1973gg-4(a)(2).
However, the Commission does not have the authority to provide legal
interpretations regarding issues raised by the Act. Determinations of
whether to add items on the form must be made by each state in
consultation with its State Attorney General. Moreover, because of the
Commission's concern that the national form not be unduly lengthy,
complex, or intrusive, preliminary decisions have been made that
information considered ``necessary'' by certain states not be included
on the national form. Comments are therefore sought from states and
other interested parties on those items that the Commission proposes
not to include on the national form that may nevertheless be considered
as ``necessary.''
The Layout
In addition, the Commission invites comment on the layout of the
form as prescribed in proposed section 8.3. The Commission places a top
priority on ensuring that the form and accompanying instructions be as
``user friendly'' and clear as possible while accommodating
requirements under the NVRA. The Commission notes that the Act requires
the development of a single national form, accepted by all covered
jurisdictions, that complies with the NVRA, and that: contains all
elements necessary for jurisdictions to determine voter qualification
and to administer voter registration and other parts of the election
process (42 U.S.C. 1973gg-7(b)(1)); specifies each eligibility
requirement (including citizenship) (42 U.S.C. 1973gg-7(b)(2)(A)); and
contains an attestation that the applicant meets each such requirement
(42 U.S.C. 1973gg-7(b)(2)(B)).
The states' comments on the ANPRM reflected a broad range of voter
eligibility requirements among the states. Other comments urged the
Commission to develop a form that accommodates administrative and legal
requirements, such as electronic imaging, additional information space,
and bilingual requirements. In the ANPRM, the Commission sought comment
on the best or most practical approach to incorporate all these aspects
and still develop a single national form.
One option presented in the ANPRM was the use of a booklet format.
The booklet would contain one or more tear out forms, instructions on
how to complete the form, and a list of each covered state's
eligibility requirements. Under this approach, the information
contained in the booklet would be critical to the form, and the form
could not be used without the accompanying booklet. See, proposed
sections 8.2(a) and 8.3. All of the information relating to a
particular state would be arranged so that the applicant will only have
to turn to one place in the booklet. If the applicant had any questions
concerning the form or his or her state eligibility requirements, the
applicant would be able to read the information under his or her state
in the booklet. Upon completing the form, the applicant would forward
the form to the appropriate voter registration official, as listed in
the booklet.
The Commission received several comments on the booklet approach.
Comments in favor stated that the booklet approach is the most
practical and feasible in light of the requirement to develop a
universal form, the need to include the different state eligibility
requirements, the desire to provide for additional space, and the
desire that the form be ``user friendly.'' One comment in favor raised
the question of extra forms being provided without the booklet attached
and suggested that the Commission require the applicant to sign that he
or she has read the information contained in the booklet. Indeed, if
this approach is adopted, the applicant would be required to affirm
that he or she has read the contents of the form and booklet. See,
proposed section 8.4(b)(3). Another comment acknowledged that the
booklet approach should be used as a last resort, but suggested an
alternative approach--a multi-page fold out with a tear-off
registration form--and argued that the alternative approach would have
less verbiage and would be less intimidating. Another comment suggested
that states should be able to provide the form with their own state
instructions instead of the entire national booklet. Finally, another
comment urged that the form be modeled after the mail registration form
used in the District of Columbia as it is considered to be the best
example in terms of simplicity and clarity.
On the other hand, comments that opposed the booklet reflected
concern that the form be as easy to fill out as possible, and argued
that the booklet approach was costly, complicated, intimidating, time
consuming, and would have a chilling effect. One commenter suggested
instead that a 10'' x 8'' back-sided application form be implemented
with one 5'' x 8'' portion as the actual and the other 5'' x 8''
portion as instructions. Other commenters suggested that the Commission
limit or compromise state requirements to reflect only those
requirements universally required in the covered states. One of these
commenters further argued that the Commission could limit the
variations on the form to, for example, those relating to felony
conviction or mental capacity, or in the alternative, develop a form
with printed state-specific variations. However, such an option would
result in numerous state-specific printed versions instead of a single
national form as contemplated by the Act.
While the Commission welcomes additional comments on these and
other alternative approaches, it appears that the format that most
closely meets the requirements of the NVRA is the booklet proposal.
Therefore, the Commission has used that format in the proposed rules.
I. Proposed Items To Be Included on the Form
For the reasons given, the Commission is proposing in section 8.4
that the following information items be considered necessary to assess
the eligibility of the applicant or to administer voter registration or
other parts of the election process, and thus be included on the
national mail voter registration form.
A. Whether the Application Is a New Registration, Address Change, Name
Change, or a Party Change
In order to accommodate the NVRA requirement that the national form
be usable as a change of address form as well as an original
registration application in accordance with 42 U.S.C. 1973gg-4(a),
proposed section 8.4(a)(1) would request this information as the first
item on the application. Because changes of name and, in some states,
changes of party affiliation are equally necessary to administering
voter registration or primary elections, the Commission proposes to
include these options as well. This proposed information block would
contain instructions explaining that if the application is to be used
as a new or change of address form, then the applicant should complete
item A on the detachable portion of the form. If the application is to
be used as a change of either name or party affiliation, then the
applicant should complete item B on the detachable portion of the form.
This approach is proposed, in part, to help facilitate the necessary
keeping of up to date voter registration records.
B. Full Name of Applicant
Every state currently requires the full name of the voter
registration applicant. There are, however, variations on how the full
name is elicited. In light of the confusion that could result from
cultural differences in the placement of the last name, and in
accordance with the alphabetical order of most voter registration
files, the Commission proposes in section 8.4(a)(2)(i) to require the
last name first, the first name, and then the middle name. In addition,
the Commission proposes to include an area for designating any suffix
to the name (such as Jr., Sr., II, III, or IV).
C. Address Where You Live
Every state requires the address of each applicant, whether this be
a traditional or non-traditional residence, for the necessary purpose
of identifying the applicant's voting precinct and polling place.
Proposed section 8.4(a)(2)(ii) would obtain this information by
requiring: The applicant's street number; street name (with an
instruction not to use post office box or rural route numbers);
apartment or unit number; city, town, or village name; state name; and
zip code. Further, in order to accommodate the concerns of several
respondents to the ANPRM regarding rural addresses, proposed section
8.5(b)(3) would provide an area in the detachable portion of the
application for applicants to sketch a map identifying the physical
location of their residence in cases where street names, numbers, or
rural route box numbers alone are insufficient.
D. Address Where You Get Your Mail (if Different From the Address Where
You Live)
Because it is necessary for registrars to be able to communicate
with registrants by mail, the Commission proposes in section
8.4(a)(2)(iii) to require the applicant's mailing address if it is
different from the physical address. Such information at once
accommodates post office boxes, rural routes, and mailing addresses for
non-traditional residences. The required items would include the
applicant's: post office box, rural route number, or other mailing
addresses; city, town, or village; state name; and zip code.
E. Date of Birth
The date of the applicant's birth is considered to be necessary or
desirable by virtually all of the states in determining the applicant's
eligibility, occasionally in differentiating between registrants of the
same name, and in verifying the identity of voters at the polls.
Proposed section 8.4(a)(2)(iv) would require the applicant's date of
birth on the form in the standard month-day-year sequence.
F. Telephone Number (Optional)
Although not absolutely necessary, the applicant's telephone number
is thought to be necessary or desirable by most of the respondents to
the state survey, primarily as a means of facilitating registration
applications by enabling registrars to clarify or complete required
items of information by telephone. The Commission therefore proposes in
section 8.4(a)(2)(v) to request the applicant's telephone number as an
optional item, so as to avoid undue intrusion into the applicant's
privacy and to avoid any apparent discrimination against applicants
without telephones.
G. Political Party Preference
Under proposed section 8.4(a)(2)(vi), a statement of political
party preference would be required only of those applicants applying in
the states that require it as a necessary precondition to voting in
primary elections (``closed primary states''). Applicants completing
the form will be directed to consult the accompanying instructions in
the booklet for their state of residence in order to determine whether
their state requires this information, and, if so, how to determine
whether their preferred political party is recognized in their state.
For those states requiring such information, the Commission proposes to
offer ``unaffiliated'' as an alternative to designating a political
party instead of the more ambiguous and potentially confusing term
``independent.''
H. Voter Identification Number
The issue of requesting or requiring an identification number from
voter registration applicants is a complex one. Thirteen states
currently may and do require the applicant to provide their full social
security number in accordance with the Privacy Act of 1974 (5 U.S.C.
552a note) while an additional 21 states consider the social security
number either ``necessary'' or desirable. Still other states request
either the social security number or some alternative to it, such as
the state's driver's license or identification number.
The Commission recognizes the necessity of voter identification
numbers in distinguishing between voters with the same name and date of
birth. The Commission is aware, however, of the limits imposed by
federal law on requiring an applicant's full social security number. 5
U.S.C. 552a note. See also 42 U.S.C. 405(c)(2)(C)(vii)(I). Even in
states where this is legally permissible, the Commission is mindful of
the privacy concerns articulated by the United States Court of Appeals
for the Fourth Circuit in Greidinger v. Davis, 988 F.2d 1344 (4th Cir.
1993), which held that a state's practice of requiring social security
numbers on voter registration applications and subsequent public
disclosure of such social security numbers substantially burdened the
applicant's fundamental right to vote. Therefore, states that require
or accept social security numbers must keep that information
confidential.
In the ANPRM, the Commission sought comment on the alternative of
requiring only the last four digits of the applicant's social security
number as a means of meeting privacy concerns while still allowing the
use of these numbers for identification purposes. Although the
Commission suggests such a practice as a possibility in states that
cannot legally require full social security numbers, the Commission is
concerned that requiring this alternative would arbitrarily impose on
the states an identification system that may conflict with current
state practices and may ultimately conflict with future individual
identification systems currently under discussion or development in the
public and private sectors.
In order to ensure the greatest flexibility for the states, the
Commission proposes in section 8.4(a)(3) to request only whatever
identification number may be required or requested from the applicant's
state of residence by directing the applicant to the booklet
instructions for that state, where the request or requirement would be
identified.
I. Signature of Applicant Under Oath
Virtually every state requires the signature of the applicant under
penalty of perjury. In addition, the Act requires the signature of the
applicant under penalty of perjury. 42 U.S.C. 1973gg-7(b)(2)(C). This
requirement is reflected in proposed section 8.4(b)(4).
The Act further requires a statement that ``specifies each
eligibility requirement (including citizenship)'' and ``contains an
attestation that the applicant meets each such requirement.'' 42 U.S.C.
1973gg-7(b)(2)(A) and (B). Both because states vary significantly in
their specific voter eligibility requirements, and to simplify the
application form, proposed section 8.4 (b)(1) would specifically
identify U.S. Citizenship on the application itself (since citizenship
is a universal requirement) and then incorporate by reference the other
specific voter eligibility requirements of each individual state,
directing the applicant to the instructions under the applicant's state
for the list of those requirements.
Under this approach, the form cannot be used without the booklet
because the booklet would contain necessary information for the
applicant to fill out the form. The applicant would sign a statement
that he or she has read the accompanying booklet, and to the best of
his or her knowledge, meets the requirements as stated in the form and
in the accompanying booklet. See, proposed section 8.4(b)(3). Because a
few states require a special pledge of allegiance to their state
Constitution or other special oath as an eligibility requirement, the
Commission likewise proposes in proposed paragraph 8.4(b)(1) to
incorporate by reference any such state pledge in the oath on the
national application.
J. Date of Signature
A majority of the states commented that the date of the applicant's
signature is either necessary or desirable. The Commission recognizes
the potential necessity of such an item whether for legal or
administrative purposes, especially in light of the Act's provisions
regarding the date of submitting an application versus the date of its
receipt by the registrar. For example, the Act requires that completed
registration applications must be forwarded to the appropriate state
election official within 10 days after acceptance, except applications
accepted within 5 days before the last day for registration to vote in
an election must be forwarded no later than 5 days after the date of
acceptance. 42 U.S.C. 1973gg-3(e) and 1973gg-5(d). Therefore, proposed
section 8.4(b)(4) would require the date of signature in the standard
month-day-year format.
K. If You Are Unable To Sign Your Name, the Name, Address, and
Telephone Number of the Person Who Assisted You in Completing This Form
Several commenters on the ANPRM expressed concern about cases in
which applicants are unable, by reason of disability or illiteracy, to
sign their names. These commenters questioned whether requiring the
name of the person who assisted such an applicant in completing the
form would violate the Act's prohibition against ``any requirement for
notarization or other formal authentication.'' 42 U.S.C. 1973gg-
7(b)(3).
In cases where the applicant is unable to sign the application, it
may be legally or administratively necessary to require the name,
address, and telephone number of the person assisting the applicant.
Such a requirement does not appear to constitute the kind of ``formal
authentication'' prohibited by the Act. The Commission therefore
proposes in section 8.4(b)(5) to require the name, address, and
telephone number of any person assisting an applicant who is unable to
sign the application. However, the Commission seeks comments on whether
requiring the disclosure of an assistant would constitute the kind of
``formal authentication'' prohibited under the Act.
II. Items on Which the Commission Has Not Made a Preliminary Proposal
The Commission is still considering whether to include race/
ethnicity and gender as data elements. The Commission received several
comments on both of these data elements, and recognizes that compelling
arguments exist for the inclusion or exclusion of these data elements.
In order to be included on the form, the data elements must meet the
``necessary threshold'' of the NVRA to assess voter eligibility and to
administer voter registration. Therefore, further comments are
encouraged from all of the states and other interested parties as to
whether race/ethnicity and gender meet the ``necessary threshold''
under the Act. The Commission will consider all comments in issuing the
final rules.
A. Race/Ethnicity
Whether race/ethnicity should be regarded as a ``necessary''
element to be included on the national mail registration form is still
a matter under consideration. Comments on the ANPRM reflected different
viewpoints and an overall concern about the impact of its inclusion or
exclusion. The Commission therefore welcomes comments regarding the
inclusion or exclusion of this data element.
Seven states currently require race on their voter application
forms, and 2 states request race as an optional item. The remaining
jurisdictions do not require or request it.
Several of the key concerns of the Voting Rights Act relate to
voter registration activity in that racial voter registration data
facilitates the enforcement of that Act's provisions. Therefore, race/
ethnicity information collected on the national form would be helpful
in administrative determinations and litigation under that law. 42
U.S.C. 1973 et seq. Section 2 of the Voting Rights Act prohibits
discriminatory voting practices and procedures nationwide, including
the use of discriminatory redistricting plans and election systems that
dilute minority voting strength. Section 5 of that Act prohibits the
specially covered jurisdictions, all or some portions of 16 states,
from implementing new election laws or procedures without preclearance
from the U.S. Attorney General or the U.S. District Court for the
District of Columbia. While that Act does not require specially covered
jurisdictions to include race on their voter registration forms, it may
be that information on registrants broken down by race is used both
``as a sword and a shield'' in certain instances to help the states
administer and enforce the Voting Rights Act. It should be noted,
however, that one covered jurisdiction employs Census Bureau figures
for this purpose. In addition, one of the express findings in the NVRA
was that, ``discriminatory and unfair registration laws and procedures
can have a direct and damaging effect on voter participation in
elections for Federal office and can disproportionately harm voter
participation by various groups, including racial minorities.'' 42
U.S.C. 1973gg(a)(3). Moreover, the NVRA specifically cautions that its
implementation is to be consistent with the Voting Rights Act of 1965
and that the NVRA does not authorize or require conduct that is
prohibited by that Act. 42 U.S.C. 1973gg-9(d).
Arguments advanced by commenters in favor of requiring race/
ethnicity included: it is necessary to monitor the effectiveness of
registration efforts under the Act; it is necessary to comply with the
intent of the NVRA to eliminate the barriers to equal voter
registration; it is essential for full enforcement of the NVRA anti-
discrimination provisions concerning confirmation mailings; it would
provide a statistical basis for administering or enforcing the Voting
Rights Act; it is necessary under the U.S. Constitution to determine
whether a jurisdiction unconstitutionally discriminates on the basis of
race; and, it would serve as a guide to determine minority
representation of pollworkers. Furthermore, if race/ethnicity data is
not included on the form, incomplete and inconclusive data on race/
ethnicity would result for those jurisdictions that currently collect
such data.
On the other hand, arguments presented against requiring race/
ethnicity included: it is not necessary to comply with the intent of
the NVRA; it is not essential for voter registration purposes; it may
be viewed by potential applicants as personally offensive, an invasion
on privacy, or as intimidating; and, it could lead to an application
being rejected because the applicant failed to indicate his or her
race.
Some of the comments suggested alternatives to an all or nothing
inclusion or exclusion proposal. For example, one commenter suggested
that race/ethnicity data be included on the form as an optional item
only (similar to applicants optionally providing telephone numbers).
Another suggestion was that racial data be included on the form only
for states that currently require it by state law. A third suggestion
was that racial data be included on the form only for those states that
are specially covered by the Voting Rights Act (similar to the party
preference requirement only for closed primary states). Finally,
another suggestion was to exclude the data element from the national
form, but to require or request applicants to indicate race/ethnicity
on the confirmation notices required under the Act.
In light of the Voting Rights Act, the conflicting state
requirements, the suggested alternatives, and the arguments presented
on both sides, the Commission seeks further comments from states and
other interested parties on whether race/ethnicity meets the
``necessary threshold'' required by the Act to assess eligibility or to
administer voter registration, and whether to include race/ethnicity as
a data element on the form in the final rules.
B. Gender
Whether to request or require gender as an information item is
another matter still under consideration. Forty-four respondents to the
state survey declared gender to be unnecessary information while two
more found it to be merely desirable. Its primary utility appears to be
in generating statistics. Furthermore, gender is not an eligibility
requirement in any state and it is seldom necessary for distinguishing
between voters (since date of birth and/or identification numbers can
accomplish this as readily). The Commission welcomes further comment on
whether to include or exclude this data element on the form in the
final rules.
III. Proposed Items To Be Excluded From the Form
For the reasons given, the Commission is proposing that the
following items be excluded from the national mail voter registration
form because they do not appear to meet the ``necessary threshold'' of
the NVRA to assess the eligibility of the applicant or to administer
voter registration or other parts of the election process. The
Commission will consider all the comments it receives in issuing the
final rules, and welcomes further comments on the following data
elements.
A. Information Regarding Naturalization
Respondents to the state survey were evenly divided on the
necessity or desirability of requiring naturalization information,
while 5 commenters on the ANPRM advocated including it. The issue of
U.S. citizenship appears to be best addressed within the oath required
by the Act, and signed by the applicant under penalty of perjury as
previously proposed. The basis of citizenship, whether it be by birth
or by naturalization, is irrelevant to the citizen's eligibility.
Therefore, the Commission proposes not to request or require such
information on the national form.
B. Place of Birth
Eleven commenters on the ANPRM advocated requiring place of birth
as an information item on the national voter registration application
(with 1 opposed and 2 dissenting in favor of a state voter
identification number). At the same time, 33 respondents to the state
survey found place of birth to be necessary or desirable (with 15
finding it unnecessary). The Commission nevertheless proposes not to
request or require place of birth.
The chief argument advanced for including place of birth is that it
might serve as a means of distinguishing between applicants of the same
name and date of birth. However, requiring this information has the
potential for inviting unequal scrutiny of applications from citizens
born outside the U.S. Given the potentially chilling effect of
including this item, the Commission proposes to exclude it from the
form. Moreover, the administrative purpose of distinguishing between
applicants can be as effectively accomplished by employing a voter
identification number such as: the full social security number in
states that can require it; the last four digits of the social security
number in states that cannot require the full number; the state
driver's license or identification number; or another voter
identification number decided on by the state. Indeed, the fact that 17
states currently function without requiring place of birth draws into
question its necessity.
C. Occupation
Only 5 survey respondents declared occupation to be a necessary or
desirable information item while 43 survey respondents and 1 commenter
on the ANPRM declared it to be unnecessary. The only use advanced for
this datum would be for the purposes of voter identification at the
polls. Because there is no mutually exclusive list of occupations,
individuals may have more than one occupation at a time, occupations
may be readily changed, and this information is not essential for voter
identification, the Commission therefore proposes not to include it on
the national voter registration form.
D. Specific Information Regarding Criminal Conviction or Mental
Incapacity
The Act specifically requires that the national voter registration
form contain a statement that ``specifies each eligibility requirement
(including citizenship)'' and ``contains an attestation that the
applicant meets each such requirement.'' 42 U.S.C. 1973GG-7(b)(2) (A)
and (B). Yet voter eligibility requirements vary considerably among the
states especially with regard to both criminal conviction and mental
incapacity.
Some states, for example, disenfranchise all persons convicted of
any felony. Other states disenfranchise only persons convicted of
certain types of crimes (e.g. election crimes). Some states
disenfranchise felons for the entire period of their sentence while
others disenfranchise only incarcerated felons, or felons incarcerated
or on parole but not those on probation.
State voter eligibility requirements regarding mental incapacity
also vary, with some providing very specific definitions and categories
and others not.
In order to accommodate the different sets of eligibility
requirements without burdening the application form with them, the
Commission proposes, as noted previously, to list the specific voter
eligibility requirements for each state in a booklet containing a set
of instructions to accompany the application. The form would direct an
applicant to the state voter eligibility list in the booklet. The oath,
attesting that the applicant meets the eligibility requirements of the
state including those regarding criminal conviction or mental
incapacity, would be signed by the applicant, and thus incorporate by
reference all eligibility requirements for each of the applicable
states. Therefore, because the oath appears to be sufficient to
determine voter eligibility, the Commission proposes that a separate
item requiring specific criminal conviction or mental incapacity
information would be unnecessary.
E. Height, Weight, Hair and Eye Color, or Other Physical
Characteristics
The majority of respondents to the state survey find no value in
requiring height, weight, hair and eye color, or other physical
characteristics on the voter registration form. Only a handful, along
with 1 commenter on the ANPRM found it necessary or desirable.
It appears that the only purpose for requiring or requesting
information regarding personal characteristics is for voter
identification at the polls, and there is little evidence that it has
ever in fact been used for that purpose. Moreover, the Commission notes
that, as with occupation, many personal characteristics are variable,
most notably weight and hair color but also, to some extent, height and
eye color. Because such information appears to be of negligible value
in voter identification, and therefore not ``necessary'', the
Commission proposes not to require or request it on the national voter
registration form.
F. Marital Status
No state considers marital status to be a necessary item of
information. The Commission therefore proposes not to require or
request marital status on the national voter registration form.
G. Other Names
This section deals with other names such as maiden name, spouse's
name, father's name, mother's maiden name, and prior legal name. Only 7
states currently require any other name on their voter registration
form, presumably for the purposes of voter identification or for
capturing changes of name.
The Commission notes that many applicants might find such items to
be offensive or intrusive on their privacy. Moreover, because the
proposed national form would serve as a notice of change of name, that
important purpose is achieved in the individual cases where it is
relevant. See, proposed section 8.4(a)(1). As discussed previously,
other less intrusive means are proposed for distinguishing between
applicants. The Commission therefore proposes not to require or request
any other names on the national voter registration form.
H. Miscellaneous Items
Several comments on the ANPRM addressed whether to include
miscellaneous items such as language preference, the need for
assistance by persons with disabilities, and the willingness to serve
as a pollworker.
Three commenters on the ANPRM advocated including such
miscellaneous information items on the voter registration form in order
to provide useful information and to facilitate administering other
aspects of the election process. Four commenters opposed the inclusion
of such information because it would unnecessarily complicate the form
and is not essential.
The Commission is aware of the concerns of language minority
groups, as well as the language minority requirements of the Voting
Rights Act specified in 42 U.S.C. 1973aa-1a and 1973b(f)(4). Indeed,
the Commission is hoping to develop separate versions of the national
voter registration form by translating the form into each of the
written languages covered by the Voting Rights Act, to the extent
technically possible in a side by side format with the English version.
The Commission is also aware of the needs of persons with
disabilities and the requirements of both the Voting Accessibility for
the Elderly and Handicapped Act of 1984 and the Americans with
Disabilities Act. 42 U.S.C. 1973ee, 42 U.S.C. 12101 et seq. For
example, the Commission proposes below to develop the national voter
registration form in the largest practicable type size in order to
accommodate applicants with vision impairments.
Further, the Commission realizes that local election officials face
a challenge due to the dwindling pool of potential pool workers.
However, alternative means exist for eliciting these miscellaneous
items of information without burdening the voter registration form with
them. States and localities might, for example, want to consider using
a detachable return postcard seeking this information on the
acknowledgment notice required by the Act in response to voter
applications.
Because such information is not, then, necessary in the act of
applying to register, the Commission proposes not to require or request
any such miscellaneous information on the national voter registration
form.
IV. Format
A. Layout
With regard to format, the Commission considered in the ANPRM
whether the layout of the form should be a single sheet or a booklet.
The booklet would include a tear out application portion and
accompanying instructions. The Commission is proposing this latter
approach, in proposed sections 8.3 and 8.5, because it appears to be
the best way to accommodate the information requirements under the
NVRA, different state requirements, and other goals for the form. Under
this approach, the Commission considers the ``form'' to include both
the application portion and the accompanying instructions. The
Commission welcomes comments on this approach.
B. Size, Weight, and Color of the Form
The Commission proposes in section 8.5(a) to capture all of the
required data elements on a single 5" x 8" application card of
sufficient stock and weight to satisfy postal regulations and standard
filing requirements. The application card would be attached by a
perforated fold to another 5" x 8" card containing requests for such
ancillary information, where applicable, as previous address, previous
name, previous political party affiliation, and a locational map space.
Under proposed section 8.5(b)(1), applicants would be able to seal the
completed application by removing a strip covering a pre-glued area
along the bottom of the form, folding the form at the center
perforation, and attaching the pre-glued area to the top of the form.
Registrars would be able to remove the sealing strip portion (which
itself would be perforated) and either remove the ancillary portion or
else fold it back and file it along with the application.
The Commission is proposing in section 8.5(b)(2) that the
``outside'' of the application contain address lines. The address of
each state registration official would be provided in the accompanying
instructions. Applicants would be directed to affix first class
postage, and appropriate postal indicia would be preprinted
accordingly.
In order to accommodate optical scanning capabilities, proposed
section 8.5(c) would require ink and paper colors of sufficient
contrast for that purpose, to minimize the volume of preprinted
material on the application without sacrificing clarity to the
applicant, and to designate a signature field rather than a signature
line for the applicant's signature or mark.
A number of commenters on the ANPRM expressed concern about their
need to add additional information to the application such as precinct
and legislative districts. Accordingly, the Commission proposes in
section 8.5(b)(4) to provide space where practicable, and on both sides
of the application, blank boxes labeled ``For Official Use Only.''
C. Type Size
In order to accommodate applicants with vision impairments,
proposed section 8.5(e) would require that the form employ the largest
practicable sans serif type size.
D. Bilingual Requirements
Jurisdictions covered by the NVRA must provide forms which meet the
requirements of the Voting Rights Act of 1965 to eliminate language
barriers. 42 U.S.C. 1973aa-1(a). In order to accommodate the concerns
of several commenters on the ANPRM regarding the needs of language
minority groups and the language minority requirements of the Voting
Rights Act, the Commission hopes to develop separate versions of the
form in each of the written languages covered by that Act, to the
extent technically possible in a side by side format with the English
version.
E. Additional Concerns
Pursuant to the Act's requirement that the form specify ``each
eligibility requirement'' of each state (42 U.S.C. 1973gg-7(b)(2)(A)),
proposed section 8.6(a) would require the chief election official of
each state responsible for coordinating activities under the NVRA to
certify to the Commission each voter eligibility requirement of the
state, including the standard deadline for submitting applications
(with State Constitutional or statutory citations), within 30 days
after the promulgation of the Final Rule. Under proposed section
8.6(b), the election official must also provide the Commission with
notice of any change thereafter to such eligibility requirements or
dates within 30 days of the change. The Commission also proposes in
section 8.6(c) to require, from officials in states requiring or
requesting the applicant's full social security number, the state's
privacy statement required under the Privacy Act of 1974. 5 U.S.C. 552a
note.
In addition, the Commission is considering ways to keep printing
and production costs at a minimum while maintaining printing quality
control. To help achieve these goals, the Commission proposes to have a
modest number of each version of the form printed at the Government
Printing Office. This would make the form a government document,
available for sale through the Government Printing Office, and would
offer the States and other interested groups an opportunity to ``ride''
the print order for as many copies as they feel necessary and to
reorder as needed. The Commission feels that such an approach would
substantially reduce costs and provide an avenue for obtaining large
quantities of the booklet.
Recordkeeping and Reporting Requirements
Under 42 U.S.C. 1973gg-7(a)(3), the Commission is required to
submit to the Congress not later than June 30 of each odd-numbered year
a report assessing the impact of the NVRA on the administration of
elections for federal office during the preceding 2 year period. The
report must also include recommendations for improvements in federal
and state forms, procedures, and other matters affected by the Act. The
Commission is granted regulatory authority to prescribe, in
consultation with the chief election officials of the states, such
regulations as are necessary to implement this reporting requirement.
42 U.S.C. 1973gg-7(a)(1).
The Commission welcomes comment on how best to implement this
responsibility while maintaining confidentiality and privacy rights of
individuals and not unduly burdening the states and other reporting
entities. In order to produce a document that is both useful and
comprehensive, the Commission anticipates that it will need several
different types of data. For some of this data (such as total voting
age population by state and demographic figures on reported voter
registration), the Commission will use figures produced by the Bureau
of Census. For the data elements identified below, however, the
Commission will require the chief election official of each state
responsible for coordinating activities under the NVRA to report to the
Commission.
The proposed rules in new section 8.7(a) would require each state's
chief election official responsible for coordinating activities under
the NVRA to report to the FEC, on a form provided by the Commission,
the information identified below no later than March 31 of each odd-
numbered year (the year following each regularly scheduled general
election for federal office, hereafter referred to as ``federal general
election'') beginning March 31, 1995.
I. Contents of the Report
For the reasons given, the Commission invites comments on whether
the following information items should be considered necessary to
assessing the impact of the NVRA on the administration of elections for
federal office.
A. The Total Number of Voters Registered Statewide (Both as ``Active''
and as ``Inactive'') in the Federal General Election Two Years Prior to
the Most Recent Federal General Election
The Commission believes that in order to assess the impact of the
NVRA between each two federal general elections, it is essential to
obtain as a baseline the total number of registrants statewide (both
``active'' and ``inactive'' if the state makes such a distinction) in
the federal general election prior to the one just preceding the
reporting date. For example, for the 1999 report, the number would be
the number of voters registered in the November 1996 election.
The Commission therefore proposes in section 8.7(b)(1) to require
this information on each state report. It further proposes to convey
the number of active registrants to the Congress not only in numbers,
but also, based on Census figures, as a percentage of voting age
population in each state.
According to the NVRA legislative history, states may designate
registrants, under certain circumstances, as ``inactive''. Throughout
the following discussion, the term ``active'' refers to all registered
voters except those who have received and not responded to the
confirmation mailing sent in accordance with 42 U.S.C. 1973gg-6(d) and
not offered to vote. See, proposed section 8.2(c). The term
``inactive'' refers to registrants who have neither responded to the
confirmation mailing nor offered to vote. See, proposed section 8.2(d).
For purposes of reporting under these rules, if a state does
distinguish between ``active'' and ``inactive'' registrants, then the
state shall also report the number of each.
B. The Total Number of Voters Registered Statewide (Both as ``Active''
and as ``Inactive'') in the Most Recent Federal General Election
In order to determine the overall increase or decrease in voter
registration between federal general elections, proposed section
8.7(b)(2) would require from each state the total number of voters
registered in the most recent federal general election and the number
of ``active'' and ``inactive'' registrants if the state makes such a
distinction.
C. The Total Number of New Valid Registrations Statewide Between the
Past Two Federal General Elections
Because changes in total voter registration figures between federal
general elections result from additions to the list as well as
deletions from the list, the Commission proposes in section 8.7(b)(3)
to require of each state the total number of new valid registrations
between the date of the most recent federal election and the one prior
to the most recent (ruling out any duplicate or rejected applications).
D. If the State Distinguished Between ``Inactive'' and ``Active''
Voters, the Total Number of Registrants Statewide That Were Designated
``Inactive'' Between the Past Two Federal General Elections and Were
Still Designated ``Inactive'' After the Past Federal General Election
In order to maintain consistency in the numbers of registrants
reported, proposed section 8.7(b)(4) would require from those states
who adopt the practice of distinguishing between ``active'' and
``inactive'', the number of registrants designated as ``inactive''
between the most recent federal general election and the one prior to
that and who remained ``inactive'' after the most recent federal
general election (thus ruling out registrants that were designated
``inactive'' but were restored to ``active'' status by reason of
returning a confirmation notice or voting).
Confirmation notices must be mailed to ensure the maintenance of
accurate and current voter registration rolls for election to Federal
office according to 42 U.S.C. 1973gg-6(b). Therefore, the proposed
information should be readily obtained by state election officials,
since the Act specifically requires registration officials to maintain
records for at least 2 years regarding confirmation notices mailed out
as well as the responses to such notices (42 U.S.C. 1973gg-6(i)(2)),
and because the number of registrants designated as ``inactive'' is
merely the number of persons who have neither responded to the
confirmation notices nor subsequently voted.
E. The Total Number of Registrations Statewide That Were, for Whatever
Reason, Deleted From the Registration List Between the Past Two Federal
General Elections
Because changes in total voter registration figures between federal
general elections result from deletions from the list as well as from
additions to it, the Commission proposes in section 8.7(b)(5) to
require of each state the total number of registrations (both
``active'' and ``inactive'' if the state makes such a distinction) that
were, for whatever reason, deleted from the registration list between
the past two federal general elections.
F. The Total Number of Registration Applications Statewide That,
Between the Past Two Federal General Elections, Were Received or
Generated by Collectively: (1) All Motor Vehicle Offices; (2) Mail; (3)
All Public Assistance Agencies That Are Mandated as Registration Sites
Under the NVRA; (4) All State Funded Agencies Primarily Serving Persons
With Disabilities; (5) All Armed Forces Recruitment Offices; (6) All
Other Agencies Designated by the State; and (7) All Other Means
(Including In-Person, Deputy Registrars, Organized Voter Registration
Drives Delivering Forms Directly to Registrars, etc.)
A principal objective of the NVRA is to expand the number and range
of locations where eligible citizens may obtain and complete a voter
registration application. Accordingly, the Commission believes that any
assessment of the impact of the NVRA should include an indication of
the level of voter registration activity at the various categories of
locations (as distinct from individual agencies or offices). Under
proposed section 8.7(b)(6), information regarding the number of
registration applications received from or generated by the various
categories of locations identified above would be required to be
reported. It is important to note that the Commission seeks the total
number of applications (regardless of whether they are valid, rejected,
duplicative, or address changes) since these numbers will reflect the
overall level of registration activity at various types of sites.
Issues of how to categorize certain applications (such as those that
are obtained by the applicant from a public assistance agency or from
an organized registration drive but are mailed in by the applicant) are
not as important as assuring that the method of categorization is
consistent throughout the State and over time.
G. The Total Number of Redundant or ``Duplicate'' Registration
Applications Statewide That, Between the Past Two Federal General
Elections, Were Received From or Generated by Collectively: (1) All
Motor Vehicle Offices; (2) Mail; (3) All Public Assistance Agencies
That Are Mandated as Registration Sites Under the NVRA; (4) All State
Funded Agencies Primarily Serving Persons With Disabilities; (5) All
Armed Forces Recruitment Offices; (6) All Other Agencies Designated by
the State; and (7) All Other Means (Including In-Person, Deputy
Registrars, Organized Voter Registration Drives Delivering Forms
Directly to Registrars, etc.)
The Commission believes that it is important to gauge the level of
unfruitful voter registration activity at both the categories of
registration sites and by voter registrars. In order to do so, the
Commission proposes in section 8.7(b)(7) requiring the number of
redundant or duplicate registration applications received from each
category of registration site identified above. A ``duplicate
registration application'' is an offer to register by a person already
registered to vote within the same jurisdiction. See, proposed section
8.2(e). Collecting such information might lead to better registration
site selection or may indicate the need for improved voter information
regarding the absence of the need to reapply if one is already
registered and has not changed address.
H. The Statewide Number of Confirmation Notices Mailed Out Between the
Past Two Federal General Elections and the Statewide Number of
Responses Received to These Notices During That Same Period
The Act requires that registrars mail out confirmation notices to
certain types of registrants. 42 U.S.C. 1973gg-6(d)(2). The Act further
requires that States maintain records of all such mailings along with
information concerning whether each recipient has responded to the
notice. 42 U.S.C. 1973gg-6(i)(2). The Commission notes that such
information is important in assessing the impact of the NVRA and that,
in States which do not distinguish between ``active'' and ``inactive''
registrants, such numbers are essential to adjusting overall
registration figures. The Commission, therefore, proposes in section
8.7(b)(8) to require that such information be reported.
I. The Postal Costs Incurred Statewide Between the Past Two Federal
General Elections for All Mailings Required Under the NVRA
The Act requires at least five types of mailings to be paid for by
the registrar's office: A notice to each applicant of the disposition
of the registration application (42 U.S.C. 1973gg-6(a)(2)); a
forwardable mailing to registrants who, according to Postal Service
information, have changed address within the registrar's jurisdiction
(42 U.S.C. 1973gg-6(c)(1)(B)(i)); a postage prepaid, pre-addressed
return form by which registrants who may have moved within the same
jurisdiction may verify or correct their address information (42 U.S.C.
1973gg-6(c)(1)(B)(i)); a forwardable confirmation mailing to
registrants who may have moved outside the registrar's jurisdiction (42
U.S.C. 1973gg-6(d)(2)); and a prepaid, pre-addressed return card
whereby registrants who may have moved outside the jurisdiction may
state their current address (42 U.S.C. 1973gg-6(d)(2)). In addition to
these required mailings, and depending on the specific procedures
adopted by each state, the Act may also entail the costs of employing
the Postal Service's National Change of Address (``NCOA'') program or
(in lieu of using the NCOA) a direct, return-if-undeliverable, address-
correction-requested mailing to some or all of the voter registration
list.
The Commission believes that, in order to gauge the impact of the
NVRA on the administration of federal elections, it is important to
require reporting of the postal costs incurred statewide for each of
these items. Proposed section 8.7(b)(9) would require such reporting.
J. In the State's First Report, a Brief Narrative Description of the
State's Implementation of the NVRA; and in Subsequent State Reports,
any Significant Changes to the Program
Because the Act provides the states a number of options in
complying with the NVRA, the Commission believes that an overall
description on how each state has initially gone about implementing the
Act is essential to assessing its impact. In order to ease this burden,
and in order to enhance comparability across states, the Commission
proposes in section 8.7(b)(10) to provide, on the FEC reporting form, a
series of questions with categorical responses requiring the state to
indicate the options or procedures the state has selected in
implementing the NVRA. By the same token, and in the same manner, the
Commission proposes to inquire in all subsequent reports about any
significant changes in each state's program.
K. Problems Encountered
The Commission notes that no report on the impact of the NVRA would
be complete without identifying the types of problems encountered in
its implementation and operation. Accordingly, under proposed section
8.7(b)(11), an area on the reporting form would be provided for states
to identify any problems they have encountered along with the measures
they have taken to address any such problems.
II. Items Not To Be Reported
Although a few commenters on the ANPRM suggested them, the
Commission, for the reasons given, proposes not to request reporting of
the following items:
A. Any Numbers or Other Information Regarding Registration Applications
From Specific Offices or Agencies Designated as Registration Sites
Under the NVRA
Although, as noted previously, the Commission proposes to require
the numbers of applications from categories of registration sites
designated under the NVRA, the Commission believes that the required
reporting of information regarding specific offices or agencies would
place an undue burden on local registration offices and could undermine
the confidentiality requirements of the Act (which prohibits public
disclosure of information regarding the specific public assistance
agency or motor vehicle office through which any individual registered)
with respect to applications from specific motor vehicle offices (42
U.S.C. 1973gg-3(c)(2)(D)(iii)) and from specific public assistance
agencies (42 U.S.C. 1973gg-6(i)(1)). At the same time, however, states
may for their own purposes wish to code their registration applications
in such a manner as to be able, under certain circumstances, to
identify originating offices or agencies. Although such information
might be valuable to states in assessing the accuracy and efficiency of
their individual intake sites, the Commission proposes not to require
the reporting of such information.
B. The Number of Declinations Filed at Agencies or Motor Vehicle
Offices
The Act requires that applicants at public assistance agencies be
provided a form on which they may decline in writing to register to
vote and permits, though does not require, such a procedure in motor
vehicle offices. 42 U.S.C. 1973gg-5(a)(6)(B). There are any number of
reasons why a person may decline to register to vote, not the least of
them being that the person is already registered. Moreover, the same
person may decline to register several times during the same two year
period at different agencies or even at the same agency. Retaining
records on the number of declinations will therefore not be likely to
yield any statistically useful information. The Commission also wishes
to avoid discouraging agencies from participating in voter registration
activities by imposing on them burdensome reporting responsibilities.
At the same time, however, states must retain declination documents
for 22 months. 42 U.S.C. 1974 et seq. Although states may want to
ensure that such declinations are retained in such a manner as to be
able to identify originating offices or agencies, the Commission
proposes not to request the number of declinations.
C. The Number of Persons Voting Under the ``Fail-Safe'' Provisions of
the NVRA
The Act permits some registrants, under very specific
circumstances, to vote on election day by affirming their residence. In
doing so, it grants states considerable latitude in how to administer
such a process. Some procedures may generate statistics more readily
than others. Moreover, such cases may be difficult to distinguish from
other cases whereby, under state law, voters may already be permitted
to cast a provisional ballot. The Commission therefore proposes that
the burden on state and local registration offices of counting the
number of persons voting under the ``fail-safe'' provisions of the Act
outweighs whatever value such information might have in assessing the
impact of the NVRA.
D. The Number of Persons Newly Registered Between the Past Two Federal
General Elections Who Voted in the Past Federal General Election
The overall purpose of the NVRA is to increase the opportunity of
citizens to register to vote. The information the Commission is
proposing to be reported is designed to gauge the effect of the Act in
increasing voter registration. Whether or not registered persons
subsequently vote, however, is a separate matter driven by a multitude
of variables outside the Act. Moreover, levels of voter participation
can be ascertained by other means. Both because state and local
election offices do not routinely gather information on the subsequent
voting of specific groups of registrants and the burden such a data
collection effort would impose, the Commission proposes not to require
such information to be reported.
E. The Implementation or Operating Costs, Other Than the Postal Costs,
of the NVRA
Based on some comments to the ANPRM, the Commission recognizes that
a number of people will want to know the implementation and operating
costs of the NVRA. For a number of very practical reasons, however, the
Commission proposes not to seek such data other than postal costs as
previously proposed.
The first of these reasons is that the states approach the NVRA
from different starting points. Some already have motor voter, mail, or
agency voter registration programs in progress while others operate
none of these. It seems reasonable to imagine that the costs of newly
implementing any of these programs will entail an up-front expenditure
which could not be compared to any new costs incurred by states that
already administer some or all of the programs.
The second reason is that states vary considerably in their degrees
of computerization in election offices as well as in motor vehicle and
public assistance agencies. Computerization at both the state and local
levels will result in apparent reduced operating costs in states that
already employ such technology.
The third reason is that, in recognition of the differences among
state election laws and procedures, the Act provides the states a wide
variety of options in implementing many of its provisions. Since
different implementation strategies are likely to incur different kinds
of costs, comparisons and even total cost figures would be misleading.
Finally, it is the experience of this Commission in conducting
previous research on election costs, that few local election offices
are able to isolate their election related costs from the costs of
other non-election-related office activities. Fewer still are able to
isolate registration-related costs from other election costs, and very
few indeed would be able to isolate NVRA-related costs from other
registration costs. Moreover, cost accounting systems vary widely not
only from state to state but also from locality to locality within
states.
Because ascertaining the implementation and operating costs of the
NVRA would require imposing on election offices nationwide a uniform
and burdensome accounting system, the Commission proposes to limit cost
data to the more uniform, comparable, and readily obtained item of
postal costs. However, this proposal would not preclude states from
voluntarily reporting other costs, e.g. in the Problems Encountered
section of the report.
List of Subjects--11 CFR Part 8
National Voter Registration Act.
Certification of No Effect Pursuant to 5 U.S.C. 605(b) [Regulatory
Flexibility Act]
The attached proposed rules would not, if promulgated, have a
significant economic impact on a substantial number of small entities.
The basis for this certification is that few, if any, small entities
would be affected by these rules.
For the reasons set out in the preamble, it is proposed to add a
new part 8 to Chapter I of Title 11 of the Code of Federal Regulations
as follows:
PART 8--NATIONAL VOTER REGISTRATION ACT (42 U.S.C. 1973gg-1 ET
SEQ.)
Subpart A--General Provisions
Sec.
8.1 Purpose and scope (42 U.S.C. 1973gg-7(a)(1)).
8.2 Definitions.
Subpart B--Mail Voter Registration Form
Sec.
8.3 General information.
8.4 Contents (42 U.S.C. 1973gg-7(a) and (b)).
8.5 Format (42 U.S.C. 1973gg-7(a)).
8.6 Chief State Election Official (42 U.S.C. 1973gg-7(a) and
1973gg-8)
Subpart C--Recordkeeping and Reporting
Sec.
8.7 Contents of Reports from the States (42 U.S.C. 1973gg-7)
Authority: 42 U.S.C. 1973gg-1 et seq.
Subpart A--General Provisions
Sec. 8.1 Purpose and scope (42 U.S.C. 1973gg-7(a)(1)).
These regulations implement the responsibilities delegated to the
Commission under section 9 of the National Voter Registration Act of
1993, Public Law 103-31, 97 Stat. 77, 42 U.S.C. 1973gg-1 et seq.
(``NVRA''). They describe the format and contents of the national mail
voter registration form and the information that will be required from
the states for inclusion in the Commission's biennial report to
Congress.
Sec. 8.2 Definitions.
As used in this part:
(a) Form means the national mail voter registration application
form which includes the registration application and accompanying
booklet.
(b) Chief State Election Official means the designated chief state
officer or employee responsible for the coordination of state
responsibilities under the NVRA.
(c) Active voters means all registered voters except those who have
received and not responded to a confirmation mailing sent in accordance
with 42 U.S.C. 1973gg-6(d) and not offered to vote.
(d) Inactive voters means registrants who have received and not
responded to a confirmation mailing sent in accordance with 42 U.S.C.
1973gg-6(d) and not offered to vote.
(e) Duplicate registration application means an offer to register
by a person already registered to vote within the same jurisdiction.
Subpart B--Mail Voter Registration Form
Sec. 8.3 General Information.
The mail voter registration form shall consist of two components: a
tear-gas application, which shall contain appropriate spaces for the
applicant to provide all of the information required under 11 CFR
8.4(a); and an accompanying booklet, which shall contain instructions
for completing the application arranged by state, the state election
officials' addresses and telephone numbers, and information regarding
each state's voter registration requirements as described in 11 CFR
8.4(b)(1).
Sec. 8.4 Contents (42 U.S.C. 1973gg-7(a) and (b)).
(a) Information about the applicant. The mail voter registration
form shall provide appropriate spaces for the following information
from each applicant:
(1) Whether the application is a new registration application,
change of address, change of name, or change of party affiliation.
(i) If the application is a new application or change of address,
the form shall instruct the applicant to complete item A on the
detachable portion of the application indicating the address from which
the applicant was previously registered.
(ii) If the application is for a change of name or a change of
party, the form shall instruct the applicant to complete item B on the
detachable portion of the application indicating the applicant's former
name or party affiliation.
(2) The applicant's:
(i) Last, first, and middle name and any suffix;
(ii) Address where the applicant lives including: street number;
street name; apartment or unit number; city, town, or village name;
state; and zip code, with instructions not to use a post office box or
rural route number;
(iii) Mailing address if different from the address where the
applicant lives, such as a post office box, rural route number, or
other street address; city, town, or village name; state; and zip code;
(iv) Month, day, and year of birth;
(v) Telephone number as an optional item for the applicant to
provide; and
(vi) Political party preference, for applicants whose states
require a statement of political party preference as a necessary
precondition for voting in primary elections (``closed primary
state'').
(A) The application shall include instructions telling applicants
to consult the accompanying booklet to determine if the applicant's
state is a closed primary state and to obtain the telephone number of
the state election official for information on the qualified parties of
the applicant's state.
(B) The application shall also include a warning that if the
applicant is registering in a closed primary state, failure to indicate
a political party preference will prevent the applicant from voting in
partisan races in primary elections.
(C) The booklet shall list whether a state is a closed primary
state and include the telephone number of the state election official.
The booklet shall also list ``unaffiliated'' as a political party
preference option.
(3) A voter identification number as required or requested by the
applicant's state of residence.
(i) The application shall include instructions for the applicant to
consult the accompanying booklet to determine what type of voter
identification number the state requires or requests.
(ii) The booklet shall include what type of voter identification
number, if any, is required or requested by each state.
(iii) For each state using the applicant's full social security
number as its voter identification number, the state's Privacy Act
notice provided in accordance with 11 CFR 8.6(c), shall be reprinted in
the booklet.
(b) Required information. (42 U.S.C. 1973gg-7(b)(2) and (4)). The
form shall also include a statement that:
(1) Specifies each eligibility requirement (including citizenship).
The application shall list U.S. Citizenship as an eligibility
requirement and include a statement, through incorporation by
reference, of each state's eligibility requirements (including any
special pledges) and shall instruct the applicant to consult the
booklet to determine what his or her state requirements are;
(2) Informs applicants of the penalties provided by law for
submitting false voter registration applications;
(3) Contains an attestation that the applicant has read both the
form and the accompanying booklet and, to the best of his or her
knowledge and belief, meets each of his or her state's eligibility
requirements;
(4) Requires the signature of the applicant, under penalty of
perjury, and the date of the applicant's signature;
(5) If the applicant is unable to sign the application without
assistance, the name, address, and telephone number of the person who
assisted the applicant in completing the form;
(6) If an applicant declines to register to vote, a statement of
the fact that the applicant has declined to register will remain
confidential and will be used only for voter registration purposes; and
(7) If an applicant does register to vote, the office at which the
applicant submits a voter registration application will remain
confidential and will be used only for voter registration purposes.
Sec. 8.5 Format (42 U.S.C. 1973gg-7(a)).
(a) Size. The form shall consist of a 5'' by 8'' application card
of sufficient stock and weight to satisfy postal regulations and
standard filing requirements. The application card shall be attached by
a perforated fold to another 5'' by 8'' card containing space for items
A and B, in accordance with 11 CFR 8.4(a)(1).
(b) Layout. (1) The form shall be sealable.
(2) The ``outside'' of the form shall contain an appropriate number
of address lines.
(3) The detachable portion of the application shall contain space
to permit applicants from rural districts to draw a locational map
showing their place of residence and to indicate, where applicable, a
former address, former name, or former party preference.
(4) Both sides of the application card shall contain space
designated ``For Official Use Only.''
(c) Color. The form shall be of ink and paper colors of sufficient
contrast to permit for optical scanning capabilities.
(d) Signature field. The form shall contain a signature field in
lieu of a signature line.
(e) Type size. (1) All print on the form shall be of the largest
practicable sans serif type size.
(2) The requirements on the form specified in 11 CFR 8.4(b) (1),
(6), and (7) shall be in print identical to that used in the
attestation portion of the application required by 11 CFR 8.4(b)(3).
Sec. 8.6 Chief State Election Official (42 U.S.C. 1973gg-7(a) and
1973gg-8).
(a) Each chief state election official shall certify to the
Commission within 30 days after the promulgation of these rules:
(1) Each voter registration eligibility requirement of the state
and its corresponding State Constitution or Statutory citation; and
(2) The State's deadline for submitting voter registration
applications.
(b) Each chief state election official shall notify the Federal
Election Commission, in writing, within 30 days of any change to the
State's voter registration eligibility requirements.
(c) If the state, in accordance with 11 CFR 8.4(a)(3), requires or
requests the applicant's full social security number, the chief state
election official shall provide the Commission with the text of the
state's privacy statement required under the Privacy Act of 1974. (5
U.S.C. 552a note).
Subpart C--Recordkeeping and Reporting
Sec. 8.7 Contents of reports from the states. (42 U.S.C. 1973gg-7).
(a) The chief state election official is responsible for filing the
information required under this section with the Commission by March 31
of each odd-numbered year beginning March 31, 1995. Reports must be
mailed to: National Clearinghouse on Election Administration, Federal
Election Commission, 999 E Street, NW., Washington, DC 20463. The data
to be reported in accordance with this section shall consist of
applications or responses received up to and including the date of the
federal general election.
(b) The report required under this section shall include:
(1) The total number of voters registered statewide, including
``active'' and ``inactive'' voters if that information is maintained by
the state, in the federal general election two years prior to the most
recent federal general election;
(2) The total number of voters registered statewide, including
``active'' and ``inactive'' voters if that distinction is made by the
state, in the most recent federal election;
(3) The total number of new valid registrations statewide between
the past two federal general elections, less any duplicate or rejected
applications;
(4) If the state distinguishes between ``inactive'' and ``active''
voters, the total number of registrants statewide that were designated
``inactive'' between the past two federal general elections and were
still designated ``inactive after the past federal general election;
(5) The total number of registrations statewide that were, for
whatever reason, deleted from the registration list, including both
``active'' and ``inactive'' voters if that distinction is made by the
state, between the past two federal general elections;
(6) The total number of registration applications received
statewide (regardless of whether they were valid, rejected,
duplicative, or address changes) that were received from or generated
by each of the following categories of locations:
(i) All motor vehicle offices;
(ii) Mail;
(iii) All public assistance agencies that are mandated as
registration sites under the Act;
(iv) All state funded agencies primarily serving persons with
disabilities;
(v) All Armed Forces recruitment offices;
(vi) All other agencies designated by the state;
(vii) All other means, including but not limited to, in person,
deputy registrars, and organized voter registration drives delivering
forms directly to registrars;
(7) The total number of redundant or duplicate registration
applications statewide that, between the past two federal general
elections were received from or generated by each of the categories
described in paragraphs (b)(6) (i) through (vii) of this section;
(8) The statewide number of confirmation notices mailed out between
the past two federal general elections and the statewide number of
responses received to these notices during the same period;
(9) The postal costs incurred statewide between the past two
federal general elections for each of the following categories;
(i) Notices to applicants of the disposition of registration
applications;
(ii) Forwardable mailings to applicants who, according to Postal
Service information, have changed address within the registrar's
jurisdiction;
(iii) Postage prepaid pre-addressed return forms by which
registrants who may have moved within the same jurisdiction may verify
or correct their address information;
(iv) Forwardable mailings to registrants who may have moved outside
the registrar's jurisdiction;
(v) Prepaid, pre-addressed return cards whereby registrants who may
have moved outside the jurisdiction may state their current address;
(vi) The costs of employing the Postal Service's National Change of
Address program or the cost of direct, return-if-undeliverable,
address-correction-requested mailings to some or all of the voter
registration list;
(10) For the first state report due, a brief narrative or general
description of the State's implementation of the NVRA and, in all
subsequent reports, any significant changes to the state's voter
registration program. The report form will contain a series of
questions with categorical responses for the state to indicate which
options or procedures the state has selected in implementing the NVRA;
and
(11) Problems encountered and the measures taken, if any, to
address these problems.
Dated: March 4, 1994.
Trevor Potter,
Chairman.
[FR Doc. 94-5461 Filed 3-9-94; 8:45 am]
BILLING CODE 6715-01-M
