[Federal Register Volume 59, Number 120 (Thursday, June 23, 1994)]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15199]
Federal Register / Vol. 59, No. 120 / Thursday, June 23, 1994 /
[[Page Unknown]]
[Federal Register: June 23, 1994]
VOL. 59, NO. 120
Thursday, June 23, 1994
FEDERAL ELECTION COMMISSION
11 CFR Part 8
[Notice 1994-8]
National Voter Registration Act of 1993
AGENCY: Federal Election Commission.
ACTION: Final rules.
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SUMMARY: The Federal Election Commission is promulgating regulations
governing the national mail registration form and recordkeeping and
reporting requirements under the National Voter Registration Act of
1993 (``NVRA'' or ``the Act'').
DATES: These rules will take effect July 25, 1994.
FOR FURTHER INFORMATION CONTACT:
Ms. Susan E. Propper, Assistant General Counsel, 999 E Street, NW.,
Washington, DC 20463, (202) 219-3690 or 1-800-242-9530.
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 under the NVRA.
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 persons 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 surveys of state election officials to obtain information on
state laws and procedures that impact on Commission responsibilities
under the NVRA.
The Commission published a Notice of Proposed Rulemaking (``NPRM'')
on March 10, 1994 to seek comments from the regulated community and
other interested parties on the specific items of information that it
proposed to include on the mail registration form, and on the specific
items of information that it proposed be required from the states to
carry out the Act's reporting requirements. 59 FR 11211. 108 comments
were received in response to this notice.
Several of the comments addressed issues outside the Commission's
rulemaking authority. The Commission's rulemaking authority does not,
for example, extend to superseding regulations of the U.S. Postal
Service, to revising specific state voter eligibility requirements, or
to interpreting how decisions on the national form affect state voter
registration forms.
In addition to the comments received, the Commission conducted
several surveys of state election officials to ascertain whether or not
they plan to develop and use their own state mail and agency
registration forms (or use the national form), and to clarify certain
state voter registration requirements and procedures. These surveys are
also part of the rulemaking record on which the final rules are based.
The Commission notes 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, because such states are exempt from complying with provisions
of the National Voter Registration Act under 42 U.S.C. 1973gg-2(b).
Statement of Basis and Purpose
The Commission is charged with developing a single national form,
to be 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)); contains an attestation that the applicant
meets each such requirement (42 U.S.C 1973gg-7(b)(2)(B)); and requires
the signature of the applicant, under penalty of perjury (42 U.S.C
1973gg-7(b)(2)(C)).
In addition, 42 U.S.C 1973gg-7(a)(3) requires the Commission 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 shall also include recommendations for improvements in Federal
and state forms, procedures, and other matters affected by the Act.
General Provisions
Section 8.1 of the final rules summarizes the purpose and scope of
this new part of the Code of Federal Regulations.
Section 8.2 defines various terms used in this part. Paragraph (a)
defines ``form'' as the national mail voter registration application
form, which includes the registration application, accompanying general
instructions for completing the application, and state-specific
instructions.
Comments received in response to the NPRM suggested a number of
minor revisions to this definition. Some of the comments were directed
at ensuring the application could be separate from the instructions and
that the application could be reproduced. The issues of separate
applications and the reproduction of applications are addressed below
in Section E ``Production of Forms'', rather than in the definition.
Paragraph (b) defines ``Chief State Election Official'' as the
designated state officer or employee responsible for the coordination
of state responsibilities under 42 U.S.C. 1973gg-8. This is the same
definition proposed in the NPRM and no comments were received.
Paragraph (c) defines ``Active voters'' to mean all registered
voters except those who have been sent but have not responded to a
confirmation mailing sent in accordance with 42 U.S.C. 1973gg-6(d) and
have not since offered to vote. Paragraph (d) defines ``Inactive
voters'' to mean registrants who have been sent but have not responded
to a confirmation mailing sent in accordance with 42 U.S.C. 1973gg-6(d)
and have not since offered to vote.
Several commenters questioned the definitions of ``active'' and
``inactive'' voter. According to the NVRA's legislative history, states
may designate registrants, under certain circumstances, as
``inactive''. See, e.g. S. Rep. No. 6, 103d Cong., 1st Sess. 33 (1993).
The term ``inactive'' as used in the legislative history refers to
registrants who have neither responded to the confirmation mailing
required in 42 U.S.C. 1973gg-6(d) nor since offered to vote. The term
``active'', therefore, encompasses all registered voters except those
who have been declared ``inactive''.
Paragraph (e) defines ``Duplicate registration application''.
Several commenters to the NPRM expressed concern that the proposed
definition of duplicate registration could be construed to include
registration applications that have been submitted to inform the
election official of important changes to a registrant's information.
The Commission, therefore, modified the definition to mean an offer to
register by a person already registered to vote at the same address,
under the same name, and (where applicable) in the same political
party.
New paragraph (f) defines ``State'' to mean a state of the United
States and the District of Columbia not exempt from coverage under 42
U.S.C. 1973gg-2(b).
New paragraph (g) defines ``Closed primary state'' to mean a state
that requires party registration as a precondition to vote for partisan
races in primary elections, or to participate in other nominating
processes such as political party caucuses or conventions. Some
commenters expressed concern that the term ``closed primary'' is not
universally understood and could confuse the applicant. The term,
therefore, is used in the final rules for the sake of convenience but
will not be included in the instructions for the national form.
The National Mail Voter Registration Form
In developing the regulations for the national form, the Commission
considered what items are deemed necessary to determine eligibility to
register to vote and what items are deemed necessary to administer
voter registration and other parts of the election process in each
state. The Commission also considered how to accommodate such
administrative and legal requirements as electronic imaging, additional
information space for office use, and the bilingual provisions of the
Voting Rights Act (``VRA''). Finally, the Commission considered what
layout and format would best meet the requirements of the NVRA, the
administrative needs of election officials, and the Commission's goal
of a form that is as ``user friendly'' and clear as possible to the
applicant.
I. Items To Be Included on the Form
Some comments in response to the NPRM suggested that the
regulations clearly state which items are required and which are
optional. The final rules indicate which items are only requested
(optional) and which are required only by certain states and under
certain circumstances (such as the declaration of party affiliation in
order to participate in partisan nominating procedures in certain
states). The remaining items, by inference, are considered to be
required for registration in all covered states. In making this
determination, however, the Commission expresses no opinion on whether
or not election officials may process applications when applicants fail
to complete any of the required items, as this is beyond its authority
under the Act.
The Commission has determined that the following information items
are necessary to assess the eligibility of the applicant or to
administer voter registration or other parts of the election process,
and thus has included them on the national mail voter registration form
as specified at 11 CFR 8.4.
A. Full Name of Applicant
Paragraph 8.4(a)(1) requires the applicant's name (last name first,
then first name, and then the middle name) and the inclusion of an area
for designating any suffix to the name (such as Jr., Sr., II, III, or
IV). No commenters opposed this approach.
The NPRM also sought comments on the desirability of requesting
gender on the application. In response to commenters requesting that
the form ask the applicant's gender to assist in voter identification
in cases of ambiguous or similar names, paragraph 8.4(a)(1) includes an
optional prefix. The Commission intends to provide an area on the
national application where the applicant may choose to circle the
appropriate prefix (such as Mr., Mrs., Ms., Miss).
B. Former Name, If Applicable
In order to facilitate the maintenance of accurate voter
registration records, paragraph 8.4(c) of the final rules includes on
the form a field for this information. The form will also contain
instructions explaining that if the application is to be used to report
a change of name, then the applicant should complete both the
application and item B on a detachable portion of the application. No
comments were received opposing this provision.
C. Address Where You Live
The NPRM proposed that the applicant be required to provide a
complete residential address. Many commenters supported this proposal
in its entirety. The NPRM also proposed that the form include 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. There was no opposition to this proposal.
However, the NPRM would have required the national form to include
an instruction not to use rural route numbers for residential address.
One state election official noted that rural route with a box number
was as acceptable for residence address as street address with house
number. In response to a survey, several others agreed with this
comment. Another election official noted that a locational map would
still be needed for rural route addresses to identify the applicant's
election district because the box number may be physically located
across the street from the dwelling and the street may serve as the
dividing line for local election districts. A representative of the
U.S. Postal Service confirmed that the post office is assigning box
numbers to all rural routes and star routes.
Paragraph 8.4(a)(2), therefore, contains modified language to note
that a rural route with box number is an acceptable residential
address. Paragraph 8.4(c) continues to provide a place for applicants
to draw a simple locational map. While rural or star route numbers are
sufficient residential addresses if they include a box number,
applicants in rural areas will still need to complete the locational
map in order that they may be placed in the proper election districts.
The instructions will note that this map also may be used by
individuals with non-traditional residences (such as those living on
city streets) to show where they live.
D. Address Where You Get Your Mail (If Different from the Address Where
You Live)
The NPRM proposed that the applicant's mailing address be included
if it is different from the physical address. No objections were
received to this proposal. This information would be provided by
applicants with post office boxes, rural or star routes without box
numbers, and mailing addresses for non-traditional residences.
Paragraph 8.4(a)(3), however, has been modified to reference rural and
star routes without box numbers because those with box numbers are now
considered acceptable for residential address.
E. Former Address, If Applicable
The NVRA requires at 42 U.S.C. 1973gg-4(a) that the national form
be usable as a change of address form as well as an original
registration application. In addition, the states have indicated that
the applicant's former address is necessary on new registrations to
facilitate canceling prior registrations. The NPRM proposed that the
form include instructions explaining that if the application is used
for a new registration or change of address, then the applicant should
provide in the detachable portion of the application the former address
at which he or she was registered. There were no objections to this
proposal; accordingly, this provision is retained in paragraph 8.4(c)
of the final rules.
F. Date of Birth
Since there were no objections to requiring the date of the
applicant's birth as proposed in the NPRM, paragraph 8.4(a)(4) of the
final rules continues to require the applicant's date of birth on the
form in the standard month-day-year sequence.
G. Telephone Number (Optional)
Although not absolutely necessary, the applicant's telephone number
is thought to be necessary or desirable by most of the election
officials responding to a state survey, primarily as a means to enable
registrars to clarify or complete required items of information by
telephone rather than rejecting questionable applications outright. The
NPRM proposed that the form request the applicant's telephone number as
an optional item, so as to avoid undue intrusion into the applicant's
privacy.
There were a few objections to this proposal. One commenter wanted
the phone number to be mandatory and another wanted the Commission to
exclude this element. A third commenter wanted the form to designate
``daytime'' or ``evening'' phone number. For the reasons listed above,
paragraph 8.4(a)(5) of the final rules continues to request the
telephone number as an optional item, permitting the applicant to
decide which number is appropriate.
H. Voter Identification Number (for States That Require or Request It)
States currently use voter identification numbers in the
administration of voter registration to assist in identifying name
changes for individuals already registered; to differentiate between
individuals of the same or similar name and the same birth date to
prevent duplicate registrations; to identify registrants who have moved
within a jurisdiction and facilitate the transfer of change of address
information from motor vehicle and agency registration sites; and to
combat voter fraud through removal of registrants who are no longer
eligible to vote in a particular jurisdiction. The identification
number is also the primary key for many computer operations related to
the administration of elections (such as voter registration and review
of ballot access petitions), without which staff would have to enter
significantly more information or run through several iterations of an
operation to find the record of a particular individual, slowing the
process and increasing the possibility of duplicate registrations.
The issue of requesting or requiring an identification number from
voter registration applicants raises difficult questions. The ANPRM
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. State and local election officials, however,
made compelling arguments in support of the need for full voter
identification numbers. They argued that the last four digits were
insufficient to differentiate between individuals, particularly in
large areas with highly mobile populations where the incidence of
individuals having the same or very similar last four digits increases.
Several also contended that the last four digits do not provide a
sufficient identifier for use with a number of established automated
voter registries, driver's license records, and other agency records.
The Commission was also concerned that requiring only the last four
digits would arbitrarily impose on the states an identification system
that might conflict with current state needs and practices, and
ultimately conflict with future individual identification systems
currently under discussion or development in the public and private
sectors. The NPRM proposed that the application provide a field for
whatever identification number might be required or requested from the
applicant's state of residence. The general instructions would direct
the applicant to the instructions for that state, where the request or
requirement would be identified.
A number of commenters, primarily election officials, supported
this proposal. These commenters repeated arguments originally made in
response to the ANPRM on the need for the full social security or other
identification number in the administration of voter registration and
other parts of the election process.
Commenters who opposed it felt that the requirement should either
be eliminated or simplified by requiring only the last four digits of
the social security number. Some commenters protested that the proposed
procedure would be onerous because it would require the applicant to
look up the appropriate state requirements and provide a number that
might not be easily remembered. Some argued that the number cannot be
deemed necessary because only a minority of states currently require
it. Others were concerned about confidentiality issues associated with
providing a social security number for records that may be accessible
to the public. One commenter expressed concern that the Commission's
proposal would encourage states that do not now request a voter
identification number to begin doing so.
While only 13 states may and do require the applicant to provide
their full social security number under provisions of the Federal
Privacy Act of 1974 (5 U.S.C. 552a note), 21 others (including some
states that do not now request such information) stated in response to
a Commission survey that they consider the social security number or
other number such as the driver's license number either necessary or
desirable for the administration of voter registration. Some states
prohibited by the Privacy Act from requiring the social security number
find that by requesting it, the majority of registrants will provide
the number, thereby facilitating the maintenance of accurate voter
registration records.
Seventeen states currently do not request or require such an
identification number, but most of these have relied upon place of
birth information to assist them in distinguishing between individuals
with similar names and the same date of birth. As noted below, final
rules will exclude place of birth from the national form; therefore,
that information will not be available when applicants use the national
form. Such states may thus turn to requesting a voter identification
number, in lieu of place of birth. Some are considering the use of an
identification number to facilitate the automated transfer of change of
address information from motor vehicle offices and agencies designated
to register voters.
Voter identification numbers are not necessary for determining the
eligibility of the applicant. Nevertheless, a field for this number has
been included on the application because a majority of states indicated
that it is necessary to effectively administer the voter registration
process. The Privacy Act permits (and federal courts have upheld)
states' rights to require the social security number for voter
registration records if the state had required it by statute or
regulation prior to January 1, 1975; and the Public Health and Welfare
Code (42 U.S.C. 405) permits agencies that are required to be or that
may be designated as voter registration sites under the NVRA (such as
state motor vehicle, general public assistance, and tax offices) to
require social security numbers for their records administration.
Paragraph 8.4(a)(6) retains the provision referring applicants to
their particular state's requirements for an identification number
because the Privacy Act permits some states to require the full social
security number while others may only request it; some states may
choose some other number such as a driver's license number; and some
states will be satisfied with the last four digits of the social
security number. The Commission will make the instructions as simple as
possible to reduce any potential confusion.
While some commenters expressed concern about the issue of
maintaining the confidentiality of social security numbers, the
Commission believes that this is best life to the states and courts who
have begun to address the matter.
I. Political Party Preference (for States Where it is Required to
Participate in Partisan Nominating Procedures)
The NPM proposed that a field be provided for applicants to declare
political party preference when registering in states that require this
information in order to participate in partisan nominating processes.
Applicants completing the form would have been directed to consult the
accompanying instructions for their state of residence to determine
whether their state requires this designation, and if so, how to
determine whether their preferred political party is recognized in
their state, and to offer ``unaffiliated'' as an alternative to
designating a political party.
Many commenters supported this proposal, but others objected to
certain aspects. Some commenters objected to the proposal that
applicants telephone the state election office to determine if a
particular party was recognized. Their suggested solutions included
modifying the instructions to list qualified political parties by state
and providing the state election official's telephone number for
information on parties that qualified after the booklet was printed. In
addition, some commenters suggested that ``no party registration'' or
``none'' would be more easily understood than ``unaffiliated''.
The Commission, while sensitive to these concerns, has determined
that it would be inadvisable to list parties currently recognized by
each state, both because such recognition may be removed and because
other parties may be recognized subsequently. On the other hand, having
applicants call for information on newly qualified parties requires an
additional step in the registration process. Furthermore, the
Commission notes that the telephone numbers of state election offices
often change over short periods of time, a fact which would necessitate
frequent revision of the instructions for the national form.
Therefore, paragraph 8.4(a)(7) provides that the instructions
direct applicants to consult the accompanying instructions for their
state of residence to determine if that state requires this information
in order to participate in partisan nominating processes. The
instructions will note that if applicants registering in these states
list ``none'', leave the field blank, or list a political party not
recognized by the state, they may be prohibited from voting in partisan
nominating contests but can still vote in other elections.
J. 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 paragraph 8.4(b)(3).
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). Because states vary significantly in their
specific voter eligibility requirements, the NPRM proposed that the
application identify U.S. Citizenship (the only eligibility requirement
that is universal) and then incorporate by reference the other specific
voter eligibility requirements of each individual state (such as age,
residence, criminal conviction, and mental incapacity), directing the
applicant to the instructions under the applicant's state for the list
of those requirements. Because a few states require a special pledge of
allegiance to their state Constitution or other special oath as an
eligibility requirement, the NPRM proposed to incorporate by reference
any such state pledge in the oath on the national application. This
approach is retained in paragraph 8.4(b)(1) of the final rules.
One commenter proposed modifying the oath to attest that signing
the application authorizes cancellation of previous registrations. This
modification has not been included both because it is not required by
the NVRA, and because the applications may be used to change
information on the registry, and cancellation of the previous
registrations would not be appropriate in such cases.
Some commenters argued that at least some of the states'
eligibility requirements could be simplified (especially regarding
party affiliation, criminal conviction, and mental incapacity) so that
they could be listed on the application along with citizenship.
However, there are enough variations in state eligibility requirements
that such an approach could misstate the requirements of particular
states, mislead the applicant, and unduly complicate the application.
Accordingly, paragraph 8.4(b)(1) of the final rules retains the
original proposal.
The NPRM also proposed that the applicant 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 on the form and in the
accompanying instructions. Numerous commenters noted that this
requirement could both constitute a literacy test prohibited by the
Voting Rights Act and discriminate against the visually impaired. These
commenters urged that the form simply require the applicant to attest
to meeting each requirement, in accordance with 42 U.S.C. 1973gg-
7(b)(2)(B). The Commission agrees; accordingly, paragraph 8.4(b)(2) of
the final rules has been so modified.
K. Date of Signature
While no commenters opposed the proposal in the NPRM that a field
be provided for the date of signature in the standard month-day-year
format, one election official suggested that states be permitted to
accept applications even when this information has not been provided.
The Commission considers this a matter for states to decide; therefore,
paragraph 8.4(b)(3) retains this provision.
L. If You Are Unable to Sign Your Name, The Name, Address, and
(Optional) Telephone Number of the Person Who Assisted You In
Completing This Form
A few commenters expressed concern about the proposal to require
the name, address, and telephone number of the person assisting an
applicant who is unable to sign his or her name. They noted that such a
requirement might have a dampening effect on participants in organized
voter registration drives, especially in poor rural areas; and that
such a requirement might constitute the kind of ``formal
authentication'' prohibited by the Act.
However, in cases where the applicant is unable to sign the
application, and only in such cases, it may be legally or
administratively necessary to require the name, address, and (optional)
telephone number of the person assisting the applicant as a reasonable
means of deterring or detecting fraudulent voter registration
applications. Such an important purpose outweighs whatever dampening
effect the requirement might have on those providing assistance.
Moreover, some states have indicated that they will not process an
application without the applicant's signature unless information on the
person assisting the applicant has been provided. Paragraph 8.4(b)(5),
therefore, retains this requirement.
Such a requirement does not constitute the kind of ``formal
authentication'' prohibited by the Act. The Act's use of ``formal
authentication'' in conjunction with its use of ``notarization'' refers
to an official act by a public officer. The mere identification of the
person who provided assistance to an applicant unable to sign the
application does not, then, qualify as ``formal authentication.''
One commenter suggested that the regulations prohibit this item
from being used as a means of formal authentication. Since the NVRA
already prohibits mail registration forms from including any
requirement for notarization or other formal authentication, at 42
U.S.C. 1973gg-7(b)(3), the regulations need not restate this
prohibition.
M. Race/Ethnicity
Both the ANPRM and the NPRM sought comments on whether ``race/
ethnicity'' should be included on the national mail registration form.
Those who responded to this issue presented a wide range of well-
reasoned arguments.
Arguments raised in support 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 barriers to equal voter registration; it is essential
for full enforcement of the NVRA's anti-discrimination provisions
concerning confirmation mailings; it would provide a statistical basis
for administering and 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.
Arguments presented against asking ``race/ethnicity'' included: it
is not necessary to determine eligibility to vote; it is not essential
for voter registration purposes; it is not necessary to comply with the
intent of the NVRA; it is not required by the Voting Rights Act; it
could have a chilling effect on voter registration, because applicants
may view such a request as personally offensive, an invasion of
privacy, or intimidating; it would require an unwieldy and/or
emotionally charged classification scheme of possible races or ethnic
groups; it could lead to an application's being rejected because the
applicant failed to indicate his or her race or ethnicity; and it could
result in some applications being more closely scrutinized than others
on the basis of the applicant's race or ethnicity.
The Commission considered several options on how best to deal with
this issue. These included requiring ``race/ethnicity'' from every
applicant using the national voter registration form in every state;
requiring ``race/ethnicity'' as an optional item in every state;
requiring ``race/ethnicity'' only in those states that currently
require it under state law; providing a box for ``race/ethnicity'' on
the application, with instructions to applicants to complete the space
in accordance with the state-specific requirements listed for their
states; and not requesting or requiring ``race/ethnicity'' on the
application.
Requiring ``race/ethnicity'' on every form from every applicant
using the national voter registration form in every state would
facilitate the enforcement and administration of those sections of the
Voting Rights Act that involve determinations of racial impact, along
with any monitoring of the racial impact of the NVRA itself. It would
also satisfy all of the other arguments in favor of asking ``race/
ethnicity,'' and is simple and straightforward for the applicant.
However, adopting this option would raise the difficult question of
whether the Commission can impose requirements beyond what many states
require under state law. It also fails to accommodate any of the
concerns expressed by those opposed to including this item, especially
the concern that applications might be rejected simply because
applicants failed to respond to the question.
The Commission notes that any approach that does not require
``race/ethnicity'' nationwide would not be helpful in administering
Section 2 of the Voting Rights Act (42 U.S.C. 1973), or in monitoring
the racial impact of the NVRA, in states that do not require this
information. However, the data generated through the NVRA form in
states that do not otherwise seek this information would likely be of
limited use either under Section 2 of the VRA, or in monitoring the
racial impact of the NVRA.
If ``race/ethnicity'' were to be requested as an optional item
nationwide, states that do not currently require this information would
be unlikely to reject applications from those who failed to respond to
the question. This approach would also satisfy a number of other
concerns from those opposed to including the question. For example,
those opposed to providing this information on personal privacy grounds
would not be required to do so. Finally, it is simple and
straightforward for the applicant.
Its principal disadvantage is that, to the degree that applicants
fail to respond, there would be gaps in the data bases of states that
currently require this information and use it to help maintain racial
statistics to help in administering Section 5 of the VRA (42 U.S.C.
1973c).
Requiring ``race/ethnicity'' only in those seven states that
currently require it under state law would neither enhance nor hinder
current data collection efforts pursuant to Section 5 of the VRA. This
would be consistent with current state practices to require ``race/
ethnicity'' in states that currently do so but would not impose this
requirement on applicants in states that do not. However, this approach
would not serve the needs of the two states that currently request but
do not require this information.
Omitting ``race/ethnicity'' entirely would simplify the application
form, booklet, and process, while satisfying all the concerns of those
opposed to asking for this information. However, this could diminish
data collection efforts pursuant to Section 5 of the VRA by creating
gaps in the data bases of those states that currently require this
information and use it for this purpose.
After considering all of these options, the Commission has decided
to provide a box for ``race/ethnicity'' on the application, with
instructions to applicants to complete the space in accordance with the
state-specific requirements for their states. This approach is most
consistent with current state practices, in that it requires or
requests ``race/ethnicity'' in states that currently do so without
imposing it on applicants in states that do not. It also accommodates
changes in state requirements by permitting changes in the booklet
portion of the form without having to change the application itself.
Thus, new paragraph 8.4(a)(8) includes a field for ``race/
ethnicity'' on the national mail registration application, to be
completed by applicants if applicable for their state of residence. It
also states that the application shall direct the applicant to consult
the state-specific instructions to determine whether ``race/ethnicity''
is required or requested by his or her state.
II. Items to be Excluded From the Form
The Commission has determined, in consultation with the states, to
exclude the following items from the national mail voter registration
form because they do not 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.
A. A Checkbox To Identify Whether the Application is a New
Registration, Address Change, Name Change, or a Party Change
The NPRM proposed that this information be requested in a checkbox
as the first item on the application to facilitate the maintenance of
accurate voter registration lists. Some commenters noted that this
field is unnecessary so long as the applicant is required to complete
the application and also provide former address and, where appropriate,
former name. Others noted that they have found the use of such a
checkbox to be unreliable.
Accordingly, this provision has been deleted from the final rules.
B. Information on Former Party Affiliation
The NPRM proposed that applicants be required to provide
information on former party affiliation on a detachable portion of the
application. One state election official objected to this proposal
because the only way to establish or change party affiliation in his
state was to vote in the party's primary election. In addition,
information on former party affiliation is not considered necessary to
maintain accurate voter registration records. Accordingly, this
requirement has been deleted.
C. Gender
The NPRM invited comment on the desirability of including a field
for gender on the national voter registration application. Comments
made in response were mixed.
The principal argument including gender was that it is unnecessary
in determining the eligibility of the applicant.
Arguments for including it were twofold: that it is useful in voter
identification in cases of ambiguous or similar names, and that it is
desirable for generating statistics sought by researchers, candidates,
and the media.
Given these legitimate viewpoints, paragraph 8.4(a)(1), as
discussed above, provides for an optional prefix to the applicant's
name. Although not including a gender field per se, the application
will list the possible choices of ``Mr.'', ``Mrs.'', ``Miss'', or
``Ms.'' in a box before the field for the applicant's name.
D. Information Regarding Naturalization
Many commenters agreed that information regarding naturalization
should not be included on the national mail voter registration
application. While several commenters stated that information regarding
whether or not an individual has become a naturalized citizen is
essential in order to assess an individual's qualifications for voting,
numerous others urged the Commission to exclude any items, including
information regarding naturalization, that are not absolutely essential
to the registration process.
While U.S. citizenship is a prerequisite for voting in every state,
the basis of citizenship, whether it be by birth or by naturalization,
is irrelevant to voter eligibility. The issue of U.S. citizenship is
addressed within the oath required by the Act and signed by the
applicant under penalty of perjury. To further emphasize this
prerequisite to the applicant, the words ``For U.S. Citizens Only''
will appear in prominent type on the front cover of the national mail
voter registration form. For these reasons, the final rules do not
include this additional requirement.
E. Place of Birth
Comments on whether or not to include place of birth on the
national mail voter registration application were divided. The central
argument advanced for including place of birth was its usefulness as a
vehicle for distinguishing duplicate registrations. One commenter noted
that his state had a Constitutional requirement that place of birth be
included on registration forms, while another noted that place of birth
is often used as a starting point to ``investigate'' citizenship as it
pertains to voting eligibility.
The Commission notes, however, that duplicate registrations can
effectively be distinguished given the required information contained
on the application, including the optional prefix field, date of birth,
and voter identification number in those states that will utilize some
form of specific numerical identifier. Seventeen states currently
function without requiring place of birth. Given its potential for
inviting unequal scrutiny of applications from citizens born outside
the United States, such as those born of parents serving overseas in
the Armed Forces, the final rules do not include place of birth on the
national mail voter registration application.
F. Occupation
All commenters agreed that occupational information is neither
essential for determining vote, eligibility nor for the administration
of the election process. The final rules do not provide for a field for
an individual's occupation on the application.
G. Specific Information Regarding Criminal Conviction or Mental
Incapacity
Voter eligibility requirements vary considerably among the states,
especially with regard to both disenfranchising for criminal
convictions and definitions of mental incapacity; therefore, the NPRM
proposed to incorporate these matters into the application by reference
to the individual state voter eligibility requirements.
One commenter pointed out that his state currently requires
applicants who have been convicted of a disenfranchising crime to
provide the date on which the applicant's voting rights were formally
restored. A survey of the states suggests, however, that the majority
of them do not formally restore a convicted felon's voting rights by
any special act or ceremony. Instead, rights are automatically restored
either upon completion of the sentence or upon completion of the period
of incarceration. Moreover, the overwhelming majority of states do not
request or require the date of the restoration of their voting rights
from applicants who have been convicted of a disenfranchising crime.
It appears, then, that the date of restoration of voting rights is
not itself essential to determining the eligibility of applicants,
provided that applicants affirm in writing and under penalty of perjury
that they have not been convicted of a disenfranchising crime, or, if
so, that their voting rights have been restored.
For these reasons, paragraph 8.4(b)(1) parallels the NPRM by
incorporating matters of criminal conviction and mental incapacity by
reference to the individual state voter eligibility requirements.
H. Height, Weight, Hair and Eye Color, or Other Physical
Characteristics
Although one response to the NPRM indicated that height was a
useful element in identifying voters at the polls, all other commenters
on this issue agreed with the NPRM that physical characteristics are
essential neither for determining voter eligibility nor for the
administration of the election process. The final rules do not include
a field on the application for information pertaining to an
individual's height, weight, hair and eye color, or any other physical
characteristic.
I. Marital Status
All commenters agreed with the NPRM that marital status is
essential neither for determining voter eligibility nor for the
administration of the election process. The Commission is not including
marital status on the application.
J. Other Names
A number of commenters agreed with the NPRM that other names,
including maiden name, spouse's name, mother's maiden name and others,
are neither essential for determining voter eligibility nor for the
administration of the election process. One commenter urged that maiden
name be required because it is used as the chief identifier to update
and cancel voter registrations. Another argued that maiden name was
necessary to avoid a dual registration system in his state because it
was required by the State Constitution. However, the national
application will serve as a notice of name change; and most states
indicated in response to a Commission survey that other names are not
necessary. The Commission is not including information regarding other
names on the application.
K. Miscellaneous Items
A number of comments received in response to the NPRM supported the
exclusion from the national form of such items as language preference,
the need for assistance by persons with disabilities, and the
willingness to serve as a poll worker. One commenter, however,
supported a checkbox for language preference and another suggested
adding a checkbox to be used for requesting an absentee ballot.
The Commission recognizes 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 1973(f)(4). Indeed, the Commission
is hoping to develop separate versions of the national mail voter
registration form by translating the form into each of the written
languages covered by the Voting Rights Act, and to do so to the extent
technically possible in a side by side format with the English version.
Furthermore, the Commission realizes that local election officials face
a challenge due to the dwindling pool of potential poll workers, and
that a number of individuals who register by mail may also apply to
vote by absentee ballot.
Nevertheless, alternative means exist for eliciting these
miscellaneous items other than including such questions on the
application. Also, states have the option of implementing a provision
of the NVRA permitting them to require persons who register by mail to
vote in person the first time after registration, unless the
registrant's right to vote absentee is protected under federal law. The
final rules, therefore, do not require or request any such
miscellaneous information.
III. Format
A. Layout
The ANPRM sought comments on whether the design of the form should
be a single sheet, an application with a separate set of instructions,
or a tear out application within a booklet of instructions. Sections
8.3 and 8.5 of the NPRM proposed the third approach because it appeared
to be the best way to develop a universal form that would accommodate
the information requirements under the NVRA and different state
requirements. Under this approach, the Commission considered the
``form'' to include both the application portion and the accompanying
booklet of instructions.
The NPRM proposed that 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 and information requirements. under this
approach, the information contained in the booklet would be critical to
the application, and the application could not be used without the
accompanying instructions. All of the information relating to a
particular state would be consolidated in one place. If the applicant
had any questions concerning his or her state's requirements, the
applicant would be able to read the relevant information under his or
her specific state. Upon completing it, the applicant would forward the
form to the appropriate state-level election official, as listed in the
booklet.
Although a number of commenters supported this approach as the most
practical way of developing a universal form meeting all the
requirements of the NVRA, there were also a substantial number who
opposed it. Opponents argued that the booklet was likely to be complex;
intimidating, confusing, and time-consuming to use; and costly to
produce. A number of commenters urged that states, agencies, and voter
registration drives be permitted to distribute the national application
with only the pertinent state's instructions, instead of a booklet with
all state requirements. However, one commenter was concerned that
applications might become separated from the booklet and suggested the
application include a note warning the applicant not to complete the
application if it had been detached from the booklet.
In considering whether or not the application should be made
available separate from the general instructions and specific state
instructions, the Commission worked to ensure that: (1) the form meet
all the requirements of the NVRA and be ``user friendly''; (2) the
appropriate general instructions and state-specific information always
be provided with the application; (3) the form be usable anywhere in
the nation, enabling persons temporarily away from home (such as
students and travelers) to apply to register to vote from a state other
than the one in which they legally reside for voting purposes; and (4)
the cost of producing the form be kept to a minimum.
Relating to item 2 above, permitting applications to be distributed
without attached general instructions and state voter registration
requirements could result in applicants not receiving the information
needed to correctly complete the application and attest to their
eligibility. Also, if the distribution of the application with the
general instructions and a single state's information is permitted,
states and voter registration drives may not maintain a sufficient
supply of information booklets to enable individuals to register in
another state where they maintain their voting residence.
The latter concern was reinforced when a recent Commission survey
established that 42 states and the District of Columbia are planning to
develop or have developed their own state mail registration form as
permitted at 42 U.S.C. 1973gg-(a)(2). (The remaining 3 states that
responded noted that they did not know yet if they would do so.) Only 7
of the 46 indicated that they might use the national form, under
limited circumstances, in their agency registration process. In most
instances, therefore, the national form is likely to be used only by
students, business travelers, and others who are temporarily away from
their state of residence. On the other hand, organized voter
registration drives may prefer to use the national form when state
forms are not readily available or are extremely complex, or where
registrants come from many states.
In weighting all these considerations, the Commission has
determined the national application card may be made available without
the entire booklet attached. This will enable voter registration drives
targeting only one state's residents to distribute with the application
only the general instructions and that state's information.
The chief state election official, however, must still make
available the complete national mail voter registration form (the
application and booklet) as required under 42 U.S.C. 1973gg-4(b). As
stated in paragraph 8.3(a), this includes the application, general
instructions for completing the application, and each state's
instructions for the unique eligibility and voter registration
requirements.
Applicants must attest to meeting each of their state's eligibility
requirements, and so they have to be familiar with that portion of the
instructions. Out-of-state applicants will not be able to use the
national application to register if a particular state or organization
does not supply instructions for their states.
Because some commenters did not think the regulations stated
clearly enough that all information for a specific state would be
consolidated in one place, paragraph 8.3(b) states that the information
for each state will be arranged by state. And because commenters noted
that proposed regulations in the NPRM did not clearly differentiate
between what would be on the application and what would appear
elsewhere in the form, section 8.6 provides that distinction.
In the NPRM the Commission considered making the completed
application sealable by employing a removable strip covering a pre-
glued area along the bottom of the form. The form could be folded at
the center perforation and attached to a 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.
There were no objections to this proposal, although one commenter did
not think that a pre-glued strip was necessary because the postal
service is required to hold the information confidential.
The purpose in suggesting that the application be sealable was to
ensure that the application meets postal service size specifications
and that both parts remain intact through the mail. Paragraph
8.5(c)(1), therefore, retains the provision that the application be
sealable. The reason for using a removable strip covering a pre-glued
area is to prevent unused applications stored under humid conditions
from sticking to one another. The Commission, however, is currently
investigating practical and cost-saving alternatives before deciding on
one particular method.
The NPRM proposed that the ``outside'' of the application contain
blank address lines. The address of each state registration official
would be provided in the accompanying instructions. Applicants would be
directed to complete the front of the application with the appropriate
address and affix first class postage. Appropriate postal indicia would
be preprinted accordingly. Although one commenter suggested that the
forms be postage-prepaid, this is not feasible because no federal funds
have been appropriated to cover such postage.
Some commenters suggested that the proposed rule be amended to
require ``Chief Election Official, state of __________'' be preprinted
on the application with instructions for the applicant to fill in the
name of the appropriate state. They argued that a more complicated
address is not needed under the NVRA. While this would be a simpler
approach, a representative of the national office of the U.S. Postal
Service stated that it is unlikely applications with such abbreviated
addresses would be delivered. This representative and some election
officials also indicated that even with the addition of the city and
zip code, delivery could be significantly delayed. The Commission is
mindful that adopting such an approach could result in too many
applications not reaching their destination at all or reaching it too
late for applicants to be registered for upcoming elections, thus
defeating one of the goals of the NVRA. Accordingly, paragraph
8.5(c)(2) retains the provision that application contain blank lines to
be completed by the applicant using the state information provided.
B. Size, Weight, and Color of the Form
The NPRM proposed 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. A few
commenters objected that this size was either too big in comparison to
the size of forms currently used in their state, or too small to
accommodate all data elements in a type size large enough for the
average voter. Nevertheless, the Commission has determined that this is
the best size for the application given postal requirements, the
majority of states' requirements, and the need for the form to be
readable.
The NPRM suggested that the application card be attached by a
perforated fold to another 5'' x 8'' card containing requests for
ancillary information, where applicable, such as former name, previous
address, and a locational map. One commenter urged that the fields for
former name and address be included on the application itself to ensure
that applicants know that they should provide this information. Another
commenter recommended this information be included within the
application because optical scanning equipment will have to be adjusted
to record each combined application and attached lower portion.
Including fields for such information on the application, however,
would require the use of a smaller type size, making the application
difficult to read. Paragraph 8.5(b), therefore, parallels the proposed
regulations with regard to size of the application card and the
detachable portion. The application will rely on explicit instructions
to ensure that this information is provided in the detachable portion.
To accommodate optical scanning capabilities, the NPRM proposed to
use 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. Commenters supported these provisions, but one suggested that the
application also be printed with drop-out ink in areas where the
applicant prints his or her information and include tick marks to show
the applicant where to print characters representing the information
they are required to provide. The Commission will explore to what
extent these suggestions can be incorporated in the specifications for
producing the form, but has not addressed these matters in the final
rules at paragraphs 8.5 (d) and (e).
A number of commenters on the ANPRM expressed their need to add
information to the application such as precinct and legislative
districts. Accordingly, the NPRM proposed to include, where
practicable, blank areas on both sides of the form labeled ``For
Official Use Only''. No objections were received to this proposal and
paragraph 8.5(c)(3) parallels the language in the NPRM.
Some comments received in response to the NPRM indicated a need for
margins from \1/2\'' to 1'' around the periphery of the application
where holes can be punched permitting placement of the card in a
binder. The Commission will explore to what extent this is possible
given the primary goal of producing a readable form in the largest
practicable type size.
C. Type Size
To accommodate applicants with vision impairments, the NPRM
proposed that the form employ the largest practicable sans serif type
size. The Commission has now decided, however, that limiting the type
face to sans serif would be unduly restrictive. Paragraph 8.5(f),
therefore, does not reference a specific type face.
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). To accommodate the needs of language
minority groups and the language minority requirements of the Voting
Rights Act, the Commission noted in the NPRM that it 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.
One commenter suggested amending the regulations to state this
requirement. Another suggested that the form, including confirmation
mailings, be provided in languages not covered by the Voting Rights
Act. Federal regulations relating to the requirements to provide
election materials in a language other than English are the
responsibility of the U.S. Department of Justice and, therefore, the
Commission has not addressed this topic in these regulations. However,
the Commission intends to explore the possibility of developing the
national form in the written languages determined necessary by the U.S.
Department of Justice as a means of assisting covered states and local
jurisdictions in their implementation of the NVRA and the Voting Rights
Act. Where more than one written dialect exists for the language, the
Commission will seek the advice of the Department of Justice,
organizations representing the various language minority groups, and
affected election officials before determining which one(s) will be
used for the translation.
E. Meeting the Needs of the Disabled
A few commenters objected to the proposed form because they
believed it would present particular barriers to Americans with
disabilities. The Commission is 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 (``ADA''). 42 U.S.C. 1973ee, 42 U.S.C. 12101 et seq.
The ADA requires that states provide disabled persons with ``auxiliary
aids and services'' where necessary to participate in a program or
benefit. Determinations of what must be done to comply with both the
NVRA and the ADA must be made by each state in consultation with its
state Attorney General.
One commenter pointed out that section 504 of the Rehabilitation
Act of 1973 prohibits excluding a person, by reason of handicap, from
participation in any program or activity conducted by a federal agency.
29 U.S.C. 794. The Commission proposes below to develop the national
voter registration form in the largest practicable type size and to
explore the feasibility of reproducing the national form's instructions
on audiotape in order to accommodate applicants with vision
impairments. Furthermore, the NVRA requires distribution of the form at
agencies that are primarily engaged in providing services to persons
with disabilities. Therefore, many disabled applicants will have the
assistance of agency personnel when completing the form, if assistance
is needed.
F. Production of Forms
As noted in the NPRM, the Commission is considering methods of
keeping printing and production costs to a minimum while maintaining
printing quality control. To achieve these objectives, the Commission
will have a modest number of each version (English only and those in a
language other than English) of the form (the booklet of consolidated
instructions and attached applications) as well as the separate
application printed at the Government Printing Office (``GPO''). This
will make these items government documents, available for sale through
GPO, and will offer the states and other interested groups an
opportunity to ``ride'' the print order for the quantities they feel
necessary (and to reorder as needed). Given GPO economies of scale,
such an approach should substantially reduce costs and provide an
avenue for obtaining large quantities of the form and separate
application.
One commenter wanted the Commission to pay for the forms and
provide a sufficient number to the states. Another commenter proposed
that the forms be made available to 501(c)(3) organizations free of
charge. Although the Commission plans to pay for the initial production
of the form and the separate application, the Commission does not have
the funds to produce enough to meet the states' needs. Each state will
have to decide whether or not the forms will be made available to
various organizations free of charge.
Several commenters recommended that the regulations be revised to
permit the independent reproduction of the application and relevant
parts of the instructions. The Commission does not foresee any problem
with reprinting or photocopying the general instructions and relevant
state information, or their independent reproduction in a format more
accessible to the visually impaired (such as in Braille or audiotape).
The reproduction of the application, however, is more problematic.
First, some methods of reproduction will not yield a product that meets
U.S. Post Office specifications. Although a photocopied application
which is too flimsy to go through the mail on its own could be mailed
in an envelope or delivered by hand to the appropriate election
official, this would require more effort from the applicant than an
application that meets these specifications. Second, some methods of
reproduction will not result in an application that meets the handling
and optical scanning requirements of election offices. Still, the
Commission is sensitive to the issue of forms availability and is aware
that a few states permit the acceptance of applications that are not on
the usual card stock used in the state.
Accordingly, paragraph 8.5(a) has been rewritten to permit the
reprinting of the national application using technical specifications
to be set forth by the Commission at a later date. These specifications
will incorporate specific instructions on acceptable type size, layout,
ink color and quality, paper weight, and the like. The Commission also
plans to provide camera-ready copies of the national application, upon
request, to interested states and organizations.
Whether or not photocopies of the national application are
acceptable is a matter for each state to decide.
G. Obtaining State Information
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)),
the NPRM proposed that the chief election official of each state
responsible for coordinating activities under the NVRA be required 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. The NPRM also proposed 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.
These requirements are retained in section 8.6. This section now
also: provides examples of eligibility requirements for which state
information is sought; requires what, if any, voter identification
number the state requires or requests; whether the state requires or
requests a declaration of race/ethnicity; and, as recommended by one
commenter, requires the designation and address of the state election
office where completed national mail registration applications should
be sent.
This section also retains the NPRM's requirement that the chief
state election official provide the Commission with notice of any
change thereafter to the state's eligibility requirements within 30
days of the change. This provision has been amended in paragraph 8.6(c)
to state that such notification also is required for changes to any of
the other state-specific information referenced in paragraphs 8.6 (a)
and (b), such as deadlines for registration, voter identification
number, privacy notice, title and address of the state election office.
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).
In order to produce a document that is both useful and
comprehensive, the Commission 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.
Paragraph 8.7(a) requires each state's chief election official to
report to the FEC, on a form provided by the Commission, the identified
information, 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.
The Commission notes that several persons commenting on the NPRM
suggested that the date of the first report be moved to March 31, 1997,
to enable the states to provide a comprehensive report covering the
entire two year period. However, the NVRA requires a report to Congress
in 1995. Paragraph 8.7(c) states that this first report need only
include a brief narrative description of the state's NVRA
implementation as described below, and the number of registered voters
in the state in the 1994 general election to use as a baseline for
future reports.
I. Contents of the Report
For the reasons given, the following items are necessary to assess
the impact of the NVRA on the administration of elections for federal
office.
A. The Total Number of Registered Voters 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 each two years, 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.
In the absence of any specific comments on the NPRM opposing this
reporting requirement, paragraph 8.7(b)(1) requires this information on
each state report. The Commission plans 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.
B. The Total Number of Registered Voters 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, paragraph 8.7(b)(2)
requires 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 Accepted Statewide
Between the Past Two Federal General Elections, Including All
Registrations That Are New to the Local Jurisdiction and Re-
Registrations Across Jurisdictional Lines, but Excluding All
Applications That Are Duplicates, Rejected, or Report Only a Change of
Name, Address, or (Where Applicable) Party Preference Within the Local
Jurisdiction
Because changes in total voter registration figures between federal
general elections result from additions to the list as well as
deletions from the list, paragraph 8.7(b)(3) requires 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. The
Commission expanded the NPRM's language in response to comments seeking
clarification of the definition of what constitutes a ``new valid
registration.''
While no commenters specifically objected to this reporting
requirement, one commenter suggested that the Commission also require
the reporting of the number of registration applications rejected, as
well as the reason for their rejection, in order to monitor the
effectiveness of NVRA compliance to the Voting Rights Act. The final
rules do not require this additional information as the burden it would
place on the states and other reporting entities would far outweigh its
potential usefulness.
D. If the State Distinguishes Between ``Active'' and ``Inactive''
Voters, the Total Number of Registrants Statewide That Were Designated
``Inactive'' at the Close Of the Most Recent Federal General Election
The language in paragraph 8.7(b)(4) describing this reporting item
has been altered from that in the NPRM to reflect the concern shared by
several commenters that, since individuals would be added and deleted
from the voter roles at various times during the election cycle in each
state, no meaningful correlation could be made from the information as
proposed. The Commission feels a better basis of comparison will result
by uniformly requiring the collection of this information ``at the
close of the most recent federal general election.''
In order to maintain consistency in the numbers of registrants
reported, paragraph 8.7(b)(4) requires from those states that adopt the
practice of distinguishing between ``active'' and ``inactive'' voters,
the number of registrants designated as ``inactive'' at the close of
the most recent federal general election 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).
E. The Total Number of Registrations Statewide That Were Deleted From
the Registration List Between the Past Two Federal General Elections
Paragraph 8.7(b)(5) requires each state to report 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.
Although one commenter opposed this provision, this information is
necessary to provide a more complete view of changes in total
registration figures than would be available from information relating
solely to additions to the voter registration list.
F. The Statewide Number of Registration Applications That Were Received
From or Generated By Each of the Following Categories of Sources: (1)
All Motor Vehicles 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 wording of paragraph 8.7(b)(6) of the final rules has been
revised from that proposed in NPRM to more clearly define the
information sought by the Commission. Several commenters were uncertain
if the Commission would be asking for the total number of registration
applications (regardless of whether they are valid, rejected,
duplicative, or other information changes) from the various categories
of locations as distinct from individual agency offices throughout the
state.
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. The final rules, therefore, require
information regarding the number of registration applications received
from or generated by the sources identified above to provide an
indication of the level of voter registration activity from each.
There was no significant opposition to this reporting requirement.
A few commenters suggested that the Commission go beyond the proposed
requirements to include such things as the total number of
registrations received from each individual office of each entity
providing registration services, and the total volume of people served
by each agency to compare the rate of individuals registered to the
total number of people seeking service or assistance from each entity.
While this additional information might provide useful statistics for
the evaluation and comparison of particular agency sites, the final
rules do not seek this information in view of the negative impact more
complicated recordkeeping and reporting requirements would impose on
the staff of both election offices and agencies or other entities
providing voter registration services who are often already burdened
with overwhelming caseloads.
The Commission notes, however, that the collection and retention of
this information may be deemed necessary by the Department of Justice
in those states that require disclosure of race on the voter
registration application in order to assist the Department in enforcing
the various provisions of the Voting Rights Act.
G. The Total Number of ``Duplicate'' Registration Applications
Statewide That, Between the Past Two Federal General Elections, Were
Received in the Appropriate Election Office and Generated by Each of
the Following Categories: (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 received comments both favoring and opposing this
reporting requirement. The nature of the objections varied from
concerns regarding the cost and logistical problems of collecting such
information, to statements that the state's current data system could
not collect this information, to concerns that determining duplicate
applications in agencies would result in the applicant's
confidentiality being compromised.
The Commission believes that it is important to gauge the level of
overlapping voter registration activity from all categories of
registration sources. Collecting such information will lead to better
registration site selection and can indicate the need for improved
voter information regarding the absence of the need to re-register if
one is already registered and has not changed address.
Although the collection of this information might present
difficulties for some jurisdictions, it is needed to meet the
Commission's legal responsibility to accurately report to the U.S.
Congress on the impact of the NVRA on the administration of elections.
Moreover, mechanisms exist (such as coding techniques using an alpha-
numeric identifier) which would allow for the accurate reporting of
this information while maintaining the confidentiality of the applicant
in those instances in which confidentiality is a primary concern.
Accordingly, paragraph 8.7(b)(7) requires the number of duplicate
registration applications received from each category identified above.
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
Paragraph 8.7(b)(8) requires that such information be reported,
absent any specific objections to the NPRM on the inclusion of this
reporting requirement, because the Act requires that registrars mail
out confirmation notices to certain types of registrants, and because
the Act further requires that states maintain records of all such
mailings along with information concerning whether each recipient has
responded to the notice. Such information is important in assessing the
impact of the NVRA on the administration of elections and, in states
which do not distinguish between ``active'' and ``inactive''
registrants, such numbers are essential to adjusting overall
registration figures.
I. 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, an overall description of how each state has
initially implemented the Act is essential to assessing its impact. In
order to enhance comparability across states, the Commission will
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. This
requirement is contained in paragraph 8.7(b)(9) of the final rules.
In response to concerns of several commenters, the Commission notes
that the last section of the reporting form will be left blank for
states to include other information that they may wish to report, such
as specific information on forms and systems used by the state to
facilitate implementation of the Act, a description of those offices
designated by the state as discretionary voter registration agencies,
any programs or approaches to implementation that have proved
especially innovative or successful in implementing the provisions of
the NVRA, and any other additional information not covered in a
specific category.
In like manner, the Commission will inquire in all subsequent
reports about any significant changes in each state's program.
J. Any Additional Information
The NPRM proposed that no report on the impact of the NVRA on the
administration of elections would be complete without identifying the
types of problems encountered in its implementation and operation.
Several commenters suggested that the Commission ask not only for
problems encountered, but also for successes in the implementation and
operation of the NVRA.
New paragraph 8.7(b)(10) requires states to provide any additional
information that would be helpful to the Commission in meeting the
reporting requirement under 42 U.S.C. 1973gg-7(a)(3). Accordingly, the
Commission will provide an area on the reporting form for states to
identify and describe any particularly successful program, any specific
problems they have encountered (including any financial impact the
states wishes to report) along with the measures they have taken to
address any such problems, and any other information they deem
relevant.
K. Miscellaneous Items
Commenters suggested a number of additional items be reported that
do not conveniently fit into any of the above categories.
One advocated the inclusion of such miscellaneous items as: The
number of bilingual registration forms distributed and the number of
bilingual confirmation notices mailed for each covered language; the
number of bilingual registration forms distributed and the number of
confirmation notices mailed for each covered language, by jurisdiction,
for each jurisdiction covered by the Voting Rights Act; voting age
population (based on census statistics) by race and ethnicity; and the
percent of whites and each protected class under the Voting Rights Act
plus the percent of statewide voting age population reflected in each
category of information to be reported under paragraph 8.7(b)(6),
disaggregated to voter tabulation district and precinct level.
Another commenter suggested that the Commission include a
compilation and analysis of racial data relating to the impact of the
law on historically disenfranchised groups.
While the Commission acknowledges the concerns of many groups that
the NVRA achieve one of its stated goals in opening and simplifying the
voter registration process for those traditionally underenfranchised,
such detailed statistical reporting would not be necessary to assess
the impact of the NVRA on the administration of elections.
As noted previously, however, the collection and retention of these
and other types of demographic data relating to race may be necessary
in those states that require race be included on the voter registration
application in order to assist the Department of Justice in enforcing
the Voting Rights Act.
II. Items Not To Be Reported
For the reasons given, the Commission will not request reporting of
the following items:
A. 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. The majority of commenters agreed with the
Commission's proposal not to include the number of declinations filed
with the various agencies because of the ambiguous nature of this
information and the substantial additional costs for recordkeeping. The
person most strongly in favor of requiring information regarding
declinations suggested that, if available with the reasons for the
declinations, the results could be used to monitor whether states are
in compliance with the Voting Rights Act, and if applicants are being
denied effective access to the franchise. However, there are any number
of reasons why a person may decline to register to vote, including 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.
Also, states must retain declinations for 22 months. 42 U.S.C. 1974
et seq. States may want to ensure that such declinations are retained
in such a manner as to be able to identify originating offices or
agencies to permit an examination of declination patterns, if
necessary.
B. The Number of Persons Voting Under the ``Fail-Safe'' Provisions of
the NVRA
One commenter requested that the Commission include information on
the number of persons voting under the ``fail-safe'' provisions of 42
U.S.C. 1973gg-6(e) in order to help determine the efficiency of the
Act. These provisions permit certain classes of registrants to vote
that were formerly unable to do so because of bureaucratic or legal
technicalities.
The NVRA specifically affords states considerable latitude in how
to administer the ``fail-safe'' voting process. The procedures adopted
in some states, therefore, will generate statistics on the number of
``fail-safe'' voters more readily than will the procedures adopted in
others. Moreover, in some instances it may be difficult to distinguish
between voters utilizing the ``fail-safe'' procedures developed in
accordance with the Act and those utilizing existing state provisions
for casting a provisional ballot.
For these reasons, the Commission is not seeking this information.
C. The Number of Persons Newly Registered Between the Past Two Federal
General Elections Who Voted in the Past Federal General Election
No comments were received regarding this item. Because whether or
not registered persons subsequently vote is a matter driven by a
multitude of variables outside the Act, and also because election
officials do not routinely undertake the burdensome task of gathering
information on the subsequent voting of a specific group of
registrants, the Commission is not requiring this information.
D. The Postal Costs Incurred Statewide Between the Past Two Federal
General Elections for All Mailings Required Under the NVRA
Comments on the proposal to report the postal costs incurred
statewide for all mailings required under the NVRA were generally
negative. Most commenters questioned the necessity of collecting this
information, and felt that the administrative costs of gathering the
information would impose a considerable additional financial burden on
localities. Other commenters stated that for many smaller
jurisdictions, the data gathered would be incomplete and unreliable.
Of those commenters in favor of including postal costs, a few went
beyond the scope of the proposed rules and stated that they would like
to see not only postal costs reported, but also all other costs
associated with the implementation of the NVRA.
These comments have persuaded the Commission to delete this
requirement from the final rules. This would not preclude states from
voluntarily providing this information in their biennial report to the
Commission.
E. Other Implementation or Operating Costs of the NVRA
As was the case with the ANPRM, a number of commenters to the NPRM
wanted to report other implementation and operating costs of the NVRA.
For a number of very practical reasons, however, the Commission is not
seeking such data.
First, states will approach the NVRA from many different starting
points. The costs of newly implementing any of these programs will
entail an upfront expenditure which could not be compared to any new
costs incurred by states that already administer some or all of the
required programs.
Second, states vary considerably in their degree 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 Commission also recognizes that the different implementation
strategies of the various states will likely show different kinds of
costs and therefore 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 election offices are able
to isolate their election related costs from the costs of other non-
election-related office activities. However, this would not preclude
states from voluntarily reporting other costs (e.g., in the brief
narrative description of the state's implementation of the NVRA section
of the report).
Regulatory Flexibility Act
One commenter argued that the proposed rules would violate the
Regulatory Flexibility Act under 5 U.S.C. 605(b) because of the impact
on small entities. However, as the commenter notes, both the NVRA and
the rules are directed to the covered states and not to local
jurisdictions. Under the rules, the covered states will choose their
own methods of implementing these requirements.
List of Subjects in 11 CFR Part 8
Elections, National Voter Registration Act, Reporting and
recordkeeping requirements.
Certification of No Effect Pursuant to 5 U.S.C. 605(b) [Regulatory
Flexibility Act]
The attached final rules will 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
will be directly affected by these rules.
For the reasons set out in the preamble, new Part 8 is added 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 & scope.
8.2 Definitions.
Subpart B--National Mail Voter Registration Form
Sec.
8.3 General Information.
8.4 Contents.
8.5 Format.
8.6 Chief State Election Official.
Subpart C--Recordkeeping and Reporting
Sec.
8.7 Contents of reports from the states.
Authority: 42 U.S.C. 1973gg-1 et seq.
Subpart A--General Provisions
Sec. 8.1 Purpose & scope.
The regulations in this part 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, accompanying general
instructions for completing the application, and state-specific
instructions.
(b) Chief state election official means the designated state
officer or employee responsible for the coordination of state
responsibilities under 42 U.S.C. 1973gg-8.
(c) Active voters means all registered voters except those who have
been sent but have not responded to a confirmation mailing sent in
accordance with 42 U.S.C. 1973gg-6(d) and have not since offered to
vote.
(d) Inactive voters means registrants who have been sent but have
not responded to a confirmation mailing sent in accordance with 42
U.S.C. 1973gg-6(d) and have not since offered to vote.
(e) Duplicate registration application means an offer to register
by a person already registered to vote at the same address, under the
same name, and (where applicable) in the same political party.
(f) State means a state of the United States and the District of
Columbia not exempt from coverage under 42 U.S.C. 1973gg-2(b).
(g) Closed primary state means a state that requires party
registration as a precondition to vote for partisan races in primary
elections or for other nominating procedures.
Subpart B--National Mail Voter Registration Form
Sec. 8.3 General information.
(a) The national mail voter registration form shall consist of
three components: An application, which shall contain appropriate
fields for the applicant to provide all of the information required or
requested under 11 CFR 8.4; general instructions for completing the
application; and accompanying state-specific instructions.
(b) The state-specific instructions shall contain the following
information for each state, arranged by state: the address where the
application should be mailed and information regarding the state's
specific voter eligibility and registration requirements.
(c) States shall accept, use, and make available the form described
in this section.
Sec. 8.4 Contents.
(a) Information about the applicant.
The application shall provide appropriate fields for the
applicant's:
(1) Last, first, and middle name, any suffix, and (optional) any
prefix;
(2) Address where the applicant lives including: street number and
street name, or rural route with a box number; apartment or unit
number; city, town, or village name, state; and zip code; with
instructions to draw a locational map if the applicant lives in a rural
district or has a non-traditional residence, and directions not to use
a post office box or rural route without a box number;
(3) Mailing address if different from the address where the
applicant lives, such as a post office box, rural route without a box
number, or other street address; city, town, or village name; state;
and zip code;
(4) Month, day, and year of birth;
(5) Telephone number (optional); and
(6) Voter identification number as required or requested by the
applicant's state of residence for election administration purposes.
(i) The application shall direct the applicant to consult the
accompanying state-specific instructions to determine what type of
voter identification number, if any, is required or requested by the
applicant's state.
(ii) For each state that requires the applicant's full social
security number as its voter identification number, the state's Privacy
Act notice required at 11 CFR 8.6(c) shall be reprinted with the
instructions for that state.
(7) Political party preference, for an applicant in a closed
primary state.
(i) The application shall direct the applicant to consult the
accompanying state-specific instructions to determine if the
applicant's state is a closed primary state.
(ii) The accompanying instructions shall state that if the
applicant is registering in a state that requires the declaration of
party affiliation, then failure to indicate a political party
preference, indicating ``none'', or selecting a party that is not
recognized under state law may prevent the applicant from voting in
partisan races in primary elections and participating in political
party caucuses or conventions, but will not bar an applicant from
voting in other elections.
(8) Race/ethnicity, if applicable for the applicant's state of
residence. The application shall direct the applicant to consult the
state-specific instructions to determine whether race/ethnicity is
required or requested by the applicant's state.
(b) Additional information required by the Act. (42 U.S.C. 1973gg-
7(b)(2) and (4)).
The form shall also:
(1) Specify each eligibility requirement (including citizenship).
The application shall list U.S. Citizenship as a universal eligibility
requirement and include a statement that incorporates by reference each
state's specific additional eligibility requirements (including any
special pledges) as set forth in the accompany state instructions;
(2) Contain an attestation on the application that the applicant,
to the best of his or her knowledge and belief, meets each of his or
her state's specific eligibility requirements;
(3) Provide a field on the application for the signature of the
applicant, under penalty of perjury, and the date of the applicant's
signature;
(4) Inform an applicant on the application of the penalties
provided by law for submitting a false voter registration application;
(5) Provide a field on the application for the name, address, and
(optional) telephone number of the person who assisted the applicant in
completing the form if the applicant is unable to sign the application
without assistance;
(6) State that if an applicant declines to register to vote, the
fact that the applicant has declined to register will remain
confidential and will be used only for voter registration purposes; and
(7) State that 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.
(c) Other information. The form will, if appropriate, require an
applicant's former address or former name or request a drawing of the
area where the applicant lives in relation to local landmarks.
Sec. 8.5 Format.
(a) The application shall conform to the technical specifications
described in the Federal Election Commission's National Mail Voter
Registration Form Technical Specifications.
(b) Size. The application shall consist of a 5'' by 8'' application
card of sufficient stock and weight to satisfy postal regulations. The
application card shall be attached by a perforated fold to another 5''
by 8'' card that contains space for the information set forth at 11 CFR
8.4(c).
(c) Layout.
(1) The application shall be sealable.
(2) The outside of the application shall contain an appropriate
number of address lines to be completed by the applicant using the
state information provided.
(3) Both sides of the application card shall contain space
designated ``For Official Use Only.''
(d) Color. The application shall be of ink and paper colors of
sufficient contrast to permit for optical scanning capabilities.
(e) Signature field. The application shall contain a signature
field in lieu of a signature line.
(f) Type size.
(1) All print on the form shall be of the largest practicable 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)(2).
Sec. 8.6 Chief state election official.
(a) Each chief state election official shall certify to the
Commission within 30 days after July 25, 1994:
(1) All voter registration eligibility requirements of that state
and their corresponding state constitution or statutory citations,
including but not limited to the specific state requirements, if any,
relating to minimum age, length of residence, reasons to disenfranchise
such as criminal conviction or mental incompetence, and whether the
state is a closed primary state.
(2) Any voter identification number that the state requires or
requests; and
(3) Whether the state requires or requests a declaration of race/
ethnicity;
(4) The state's deadline for accepting voter registration
applications; and
(5) The state election office address where the application shall
be mailed.
(b) If a state, in accordance with 11 CFR 8.4(a)(2), requires 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).
(c) Each chief state election official shall notify the Commission,
in writing, within 30 days of any change to the state's voter
eligibility requirements or other information reported under this
section.
Subpart C--Recordkeeping and Reporting
Sec. 8.7 Contents of reports from the states.
(a) The chief state election official shall provide the information
required under this section with the Commission by March 31 of each
odd-numbered year beginning March 31, 1995 on a form to be provided by
the Commission. Reports shall 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 preceding federal general election.
(b) Except as provided in paragraph (c) of this section, the report
required under this section shall include:
(1) The total number of registered voters statewide, including both
``active'' and ``inactive'' voters if such a distinction is made by the
state, in the federal general election two years prior to the most
recent federal general election;
(2) The total number of registered voters statewide, including both
``active'' and ``inactive'' voters if such a distinction is made by the
state, in the most recent federal election;
(3) The total number of new valid registrations accepted statewide
between the past two federal general elections, including all
registrations that are new to the local jurisdiction and re-
registrations across jurisdictional lines, but excluding all
applications that are duplicates, rejected, or report only a change of
name, address, or (where applicable) party preference within the local
jurisdiction;
(4) If the state distinguishes between ``active'' and ``inactive''
voters, the total number of registrants statewide that were considered
``inactive'' at the close of the most recent 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 such a distinction is made by the
state, between the past two federal general elections;
(6) The statewide number of registration applications received
statewide (regardless of whether they were valid, rejected,
duplicative, or address, name or party changes) that were received from
or generated by each of the following categories:
(i) All motor vehicle offices statewide;
(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 duplicate registration applications
statewide that, between the past two federal general elections were
received in the appropriate election office and 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) Answers to a series of questions with categorical responses for
the state to indicate which options or procedures the state has
selected in implementing the NVRA or any significant changes to the
state's voter registration program; and
(10) Any additional information that would be helpful to the
Commission for meeting the reporting requirement under 42 U.S.C.
1973gg-7(a)(3).
(c) For the State report due March 31, 1995, the chief state
election official need only provide the information described in
paragraph (b)(1) of this section and a brief narrative or general
description of the state's implementation of the NVRA.
Dated: June 17, 1994.
Danny L. McDonald,
Vice Chairman.
[FR Doc. 94-15199 Filed 6-22-94; 8:45 am]
BILLING CODE 6715-01-M
