National Voter Registration Act of 1993

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