National Voter Registration Act of 1993

FEDERAL ELECTION COMMISSION

11 CFR Part 8

[Notice 1994-3]

National Voter Registration Act of 1993

AGENCY: Federal Election Commission.

ACTION: Notice of Proposed Rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Federal Election Commission is seeking comments on

proposed regulations governing the national mail registration form and

recordkeeping and reporting requirements under the National Voter

Registration Act of 1993 (``NVRA'' or ``the Act''). Please note that

the draft rules which follow do not represent a final decision by the

Commission on the issues presented by this rulemaking.

DATES: Comments must be received on or before April 11, 1994.

ADDRESSES: Comments must be in writing and addressed to: Ms. Susan E.

Propper, Assistant General Counsel, 999 E Street, NW., Washington, DC

20463.

FOR FURTHER INFORMATION CONTACT:

Ms. Susan E. Propper, Assistant General Counsel, 999 E Street, NW.,

Washington, DC 20463, (202) 219-3690 or (800) 424-9530.

SUPPLEMENTARY INFORMATION: Under section 9 of the National Voter

Registration Act of 1993, Public Law 103-31, 197 Stat. 77, 42 U.S.C.

1973gg-1 et seq., the Federal Election Commission is required to

develop a national mail voter registration form (``form'') for

elections to federal office, and to submit to Congress no later than

June 30 of each odd-numbered year (beginning June 30, 1995), a report

that assesses the impact of the Act and recommends improvements in

federal and state procedures, forms, and other matters affected by the

Act. 42 U.S.C. 1973gg-7(a). The Commission has no interpretive

authority beyond these areas, and no enforcement powers.

The Commission notes, however, that this rulemaking does not apply

to states where, on and after March 11, 1993, there was no voter

registration requirement for any voter in the state with respect to an

election for Federal office; or all voters in the State may register to

vote at the polling place at the time of voting in the general election

for Federal office. 42 U.S.C. 1973gg-2(b).

On September 30, 1993, the Commission published an Advance Notice

of Proposed Rulemaking (``ANPRM'') to gain general guidance from the

regulated community and other interested parties on how best to carry

out these responsibilities. 58 FR 51132. The Commission received 65

comments from 63 commenters in response to the ANPRM. In addition, the

Commission's National Clearinghouse on Election Administration

conducted a survey of state election officials to obtain information on

state laws and procedures that impact on Commission responsibilities

under the NVRA. Both the comments on the ANPRM and results of the

survey have been considered in drafting these proposed rules and are

thus part of the rulemaking record.

The Commission is publishing this Notice of Proposed Rulemaking

(``NPRM'') to seek comments from the regulated community and other

interested parties on the specific items of information that it

proposes to include on the mail registration form, and on the specific

items of information that it proposes be required from the states to

carry out the Act's reporting requirements.

The National Mail Voter Registration Form

The Commission is charged with developing a national mail voter

registration form that ``may require only such identifying information

(including the signature of the applicant) and other information

(including data relating to previous registration by the applicant) as

is necessary to enable the appropriate State election official to

assess the eligibility of the applicant and to administer voter

registration and other parts of the election process.'' 42 U.S.C.

1973gg-7(b)(1). (The Act also requires certain specific information and

attestation items to be included on the form. However, except with

regard to format, these items are not discussed below because they are

required by the Act.) The Commission is seeking comments on both the

proposed items of information to be required or requested on the

national mail registration form and the form's proposed format.

The form may require only information that is ``necessary'' to

assess the eligibility of the applicant and to administer voter

registration and other parts of the election process. Since information

not deemed ``necessary'' cannot be required on the form, there may be

conflicts between what is permissible under the NVRA and current state

requirements. Several comments to the ANPRM questioned whether states

may take the national form and add additional or optional items on a

version of the form prepared by a state under 42 U.S.C. 1973gg-4(a)(2).

However, the Commission does not have the authority to provide legal

interpretations regarding issues raised by the Act. Determinations of

whether to add items on the form must be made by each state in

consultation with its State Attorney General. Moreover, because of the

Commission's concern that the national form not be unduly lengthy,

complex, or intrusive, preliminary decisions have been made that

information considered ``necessary'' by certain states not be included

on the national form. Comments are therefore sought from states and

other interested parties on those items that the Commission proposes

not to include on the national form that may nevertheless be considered

as ``necessary.''

The Layout

In addition, the Commission invites comment on the layout of the

form as prescribed in proposed section 8.3. The Commission places a top

priority on ensuring that the form and accompanying instructions be as

``user friendly'' and clear as possible while accommodating

requirements under the NVRA. The Commission notes that the Act requires

the development of a single national form, accepted by all covered

jurisdictions, that complies with the NVRA, and that: contains all

elements necessary for jurisdictions to determine voter qualification

and to administer voter registration and other parts of the election

process (42 U.S.C. 1973gg-7(b)(1)); specifies each eligibility

requirement (including citizenship) (42 U.S.C. 1973gg-7(b)(2)(A)); and

contains an attestation that the applicant meets each such requirement

(42 U.S.C. 1973gg-7(b)(2)(B)).

The states' comments on the ANPRM reflected a broad range of voter

eligibility requirements among the states. Other comments urged the

Commission to develop a form that accommodates administrative and legal

requirements, such as electronic imaging, additional information space,

and bilingual requirements. In the ANPRM, the Commission sought comment

on the best or most practical approach to incorporate all these aspects

and still develop a single national form.

One option presented in the ANPRM was the use of a booklet format.

The booklet would contain one or more tear out forms, instructions on

how to complete the form, and a list of each covered state's

eligibility requirements. Under this approach, the information

contained in the booklet would be critical to the form, and the form

could not be used without the accompanying booklet. See, proposed

sections 8.2(a) and 8.3. All of the information relating to a

particular state would be arranged so that the applicant will only have

to turn to one place in the booklet. If the applicant had any questions

concerning the form or his or her state eligibility requirements, the

applicant would be able to read the information under his or her state

in the booklet. Upon completing the form, the applicant would forward

the form to the appropriate voter registration official, as listed in

the booklet.

The Commission received several comments on the booklet approach.

Comments in favor stated that the booklet approach is the most

practical and feasible in light of the requirement to develop a

universal form, the need to include the different state eligibility

requirements, the desire to provide for additional space, and the

desire that the form be ``user friendly.'' One comment in favor raised

the question of extra forms being provided without the booklet attached

and suggested that the Commission require the applicant to sign that he

or she has read the information contained in the booklet. Indeed, if

this approach is adopted, the applicant would be required to affirm

that he or she has read the contents of the form and booklet. See,

proposed section 8.4(b)(3). Another comment acknowledged that the

booklet approach should be used as a last resort, but suggested an

alternative approach--a multi-page fold out with a tear-off

registration form--and argued that the alternative approach would have

less verbiage and would be less intimidating. Another comment suggested

that states should be able to provide the form with their own state

instructions instead of the entire national booklet. Finally, another

comment urged that the form be modeled after the mail registration form

used in the District of Columbia as it is considered to be the best

example in terms of simplicity and clarity.

On the other hand, comments that opposed the booklet reflected

concern that the form be as easy to fill out as possible, and argued

that the booklet approach was costly, complicated, intimidating, time

consuming, and would have a chilling effect. One commenter suggested

instead that a 10'' x 8'' back-sided application form be implemented

with one 5'' x 8'' portion as the actual and the other 5'' x 8''

portion as instructions. Other commenters suggested that the Commission

limit or compromise state requirements to reflect only those

requirements universally required in the covered states. One of these

commenters further argued that the Commission could limit the

variations on the form to, for example, those relating to felony

conviction or mental capacity, or in the alternative, develop a form

with printed state-specific variations. However, such an option would

result in numerous state-specific printed versions instead of a single

national form as contemplated by the Act.

While the Commission welcomes additional comments on these and

other alternative approaches, it appears that the format that most

closely meets the requirements of the NVRA is the booklet proposal.

Therefore, the Commission has used that format in the proposed rules.

I. Proposed Items To Be Included on the Form

For the reasons given, the Commission is proposing in section 8.4

that the following information items be considered necessary to assess

the eligibility of the applicant or to administer voter registration or

other parts of the election process, and thus be included on the

national mail voter registration form.

A. Whether the Application Is a New Registration, Address Change, Name

Change, or a Party Change

In order to accommodate the NVRA requirement that the national form

be usable as a change of address form as well as an original

registration application in accordance with 42 U.S.C. 1973gg-4(a),

proposed section 8.4(a)(1) would request this information as the first

item on the application. Because changes of name and, in some states,

changes of party affiliation are equally necessary to administering

voter registration or primary elections, the Commission proposes to

include these options as well. This proposed information block would

contain instructions explaining that if the application is to be used

as a new or change of address form, then the applicant should complete

item A on the detachable portion of the form. If the application is to

be used as a change of either name or party affiliation, then the

applicant should complete item B on the detachable portion of the form.

This approach is proposed, in part, to help facilitate the necessary

keeping of up to date voter registration records.

B. Full Name of Applicant

Every state currently requires the full name of the voter

registration applicant. There are, however, variations on how the full

name is elicited. In light of the confusion that could result from

cultural differences in the placement of the last name, and in

accordance with the alphabetical order of most voter registration

files, the Commission proposes in section 8.4(a)(2)(i) to require the

last name first, the first name, and then the middle name. In addition,

the Commission proposes to include an area for designating any suffix

to the name (such as Jr., Sr., II, III, or IV).

C. Address Where You Live

Every state requires the address of each applicant, whether this be

a traditional or non-traditional residence, for the necessary purpose

of identifying the applicant's voting precinct and polling place.

Proposed section 8.4(a)(2)(ii) would obtain this information by

requiring: The applicant's street number; street name (with an

instruction not to use post office box or rural route numbers);

apartment or unit number; city, town, or village name; state name; and

zip code. Further, in order to accommodate the concerns of several

respondents to the ANPRM regarding rural addresses, proposed section

8.5(b)(3) would provide an area in the detachable portion of the

application for applicants to sketch a map identifying the physical

location of their residence in cases where street names, numbers, or

rural route box numbers alone are insufficient.

D. Address Where You Get Your Mail (if Different From the Address Where

You Live)

Because it is necessary for registrars to be able to communicate

with registrants by mail, the Commission proposes in section

8.4(a)(2)(iii) to require the applicant's mailing address if it is

different from the physical address. Such information at once

accommodates post office boxes, rural routes, and mailing addresses for

non-traditional residences. The required items would include the

applicant's: post office box, rural route number, or other mailing

addresses; city, town, or village; state name; and zip code.

E. Date of Birth

The date of the applicant's birth is considered to be necessary or

desirable by virtually all of the states in determining the applicant's

eligibility, occasionally in differentiating between registrants of the

same name, and in verifying the identity of voters at the polls.

Proposed section 8.4(a)(2)(iv) would require the applicant's date of

birth on the form in the standard month-day-year sequence.

F. Telephone Number (Optional)

Although not absolutely necessary, the applicant's telephone number

is thought to be necessary or desirable by most of the respondents to

the state survey, primarily as a means of facilitating registration

applications by enabling registrars to clarify or complete required

items of information by telephone. The Commission therefore proposes in

section 8.4(a)(2)(v) to request the applicant's telephone number as an

optional item, so as to avoid undue intrusion into the applicant's

privacy and to avoid any apparent discrimination against applicants

without telephones.

G. Political Party Preference

Under proposed section 8.4(a)(2)(vi), a statement of political

party preference would be required only of those applicants applying in

the states that require it as a necessary precondition to voting in

primary elections (``closed primary states''). Applicants completing

the form will be directed to consult the accompanying instructions in

the booklet for their state of residence in order to determine whether

their state requires this information, and, if so, how to determine

whether their preferred political party is recognized in their state.

For those states requiring such information, the Commission proposes to

offer ``unaffiliated'' as an alternative to designating a political

party instead of the more ambiguous and potentially confusing term

``independent.''

H. Voter Identification Number

The issue of requesting or requiring an identification number from

voter registration applicants is a complex one. Thirteen states

currently may and do require the applicant to provide their full social

security number in accordance with the Privacy Act of 1974 (5 U.S.C.

552a note) while an additional 21 states consider the social security

number either ``necessary'' or desirable. Still other states request

either the social security number or some alternative to it, such as

the state's driver's license or identification number.

The Commission recognizes the necessity of voter identification

numbers in distinguishing between voters with the same name and date of

birth. The Commission is aware, however, of the limits imposed by

federal law on requiring an applicant's full social security number. 5

U.S.C. 552a note. See also 42 U.S.C. 405(c)(2)(C)(vii)(I). Even in

states where this is legally permissible, the Commission is mindful of

the privacy concerns articulated by the United States Court of Appeals

for the Fourth Circuit in Greidinger v. Davis, 988 F.2d 1344 (4th Cir.

1993), which held that a state's practice of requiring social security

numbers on voter registration applications and subsequent public

disclosure of such social security numbers substantially burdened the

applicant's fundamental right to vote. Therefore, states that require

or accept social security numbers must keep that information

confidential.

In the ANPRM, the Commission sought comment on the alternative of

requiring only the last four digits of the applicant's social security

number as a means of meeting privacy concerns while still allowing the

use of these numbers for identification purposes. Although the

Commission suggests such a practice as a possibility in states that

cannot legally require full social security numbers, the Commission is

concerned that requiring this alternative would arbitrarily impose on

the states an identification system that may conflict with current

state practices and may ultimately conflict with future individual

identification systems currently under discussion or development in the

public and private sectors.

In order to ensure the greatest flexibility for the states, the

Commission proposes in section 8.4(a)(3) to request only whatever

identification number may be required or requested from the applicant's

state of residence by directing the applicant to the booklet

instructions for that state, where the request or requirement would be

identified.

I. Signature of Applicant Under Oath

Virtually every state requires the signature of the applicant under

penalty of perjury. In addition, the Act requires the signature of the

applicant under penalty of perjury. 42 U.S.C. 1973gg-7(b)(2)(C). This

requirement is reflected in proposed section 8.4(b)(4).

The Act further requires a statement that ``specifies each

eligibility requirement (including citizenship)'' and ``contains an

attestation that the applicant meets each such requirement.'' 42 U.S.C.

1973gg-7(b)(2)(A) and (B). Both because states vary significantly in

their specific voter eligibility requirements, and to simplify the

application form, proposed section 8.4 (b)(1) would specifically

identify U.S. Citizenship on the application itself (since citizenship

is a universal requirement) and then incorporate by reference the other

specific voter eligibility requirements of each individual state,

directing the applicant to the instructions under the applicant's state

for the list of those requirements.

Under this approach, the form cannot be used without the booklet

because the booklet would contain necessary information for the

applicant to fill out the form. The applicant would sign a statement

that he or she has read the accompanying booklet, and to the best of

his or her knowledge, meets the requirements as stated in the form and

in the accompanying booklet. See, proposed section 8.4(b)(3). Because a

few states require a special pledge of allegiance to their state

Constitution or other special oath as an eligibility requirement, the

Commission likewise proposes in proposed paragraph 8.4(b)(1) to

incorporate by reference any such state pledge in the oath on the

national application.

J. Date of Signature

A majority of the states commented that the date of the applicant's

signature is either necessary or desirable. The Commission recognizes

the potential necessity of such an item whether for legal or

administrative purposes, especially in light of the Act's provisions

regarding the date of submitting an application versus the date of its

receipt by the registrar. For example, the Act requires that completed

registration applications must be forwarded to the appropriate state

election official within 10 days after acceptance, except applications

accepted within 5 days before the last day for registration to vote in

an election must be forwarded no later than 5 days after the date of

acceptance. 42 U.S.C. 1973gg-3(e) and 1973gg-5(d). Therefore, proposed

section 8.4(b)(4) would require the date of signature in the standard

month-day-year format.

K. If You Are Unable To Sign Your Name, the Name, Address, and

Telephone Number of the Person Who Assisted You in Completing This Form

Several commenters on the ANPRM expressed concern about cases in

which applicants are unable, by reason of disability or illiteracy, to

sign their names. These commenters questioned whether requiring the

name of the person who assisted such an applicant in completing the

form would violate the Act's prohibition against ``any requirement for

notarization or other formal authentication.'' 42 U.S.C. 1973gg-

7(b)(3).

In cases where the applicant is unable to sign the application, it

may be legally or administratively necessary to require the name,

address, and telephone number of the person assisting the applicant.

Such a requirement does not appear to constitute the kind of ``formal

authentication'' prohibited by the Act. The Commission therefore

proposes in section 8.4(b)(5) to require the name, address, and

telephone number of any person assisting an applicant who is unable to

sign the application. However, the Commission seeks comments on whether

requiring the disclosure of an assistant would constitute the kind of

``formal authentication'' prohibited under the Act.

II. Items on Which the Commission Has Not Made a Preliminary Proposal

The Commission is still considering whether to include race/

ethnicity and gender as data elements. The Commission received several

comments on both of these data elements, and recognizes that compelling

arguments exist for the inclusion or exclusion of these data elements.

In order to be included on the form, the data elements must meet the

``necessary threshold'' of the NVRA to assess voter eligibility and to

administer voter registration. Therefore, further comments are

encouraged from all of the states and other interested parties as to

whether race/ethnicity and gender meet the ``necessary threshold''

under the Act. The Commission will consider all comments in issuing the

final rules.

A. Race/Ethnicity

Whether race/ethnicity should be regarded as a ``necessary''

element to be included on the national mail registration form is still

a matter under consideration. Comments on the ANPRM reflected different

viewpoints and an overall concern about the impact of its inclusion or

exclusion. The Commission therefore welcomes comments regarding the

inclusion or exclusion of this data element.

Seven states currently require race on their voter application

forms, and 2 states request race as an optional item. The remaining

jurisdictions do not require or request it.

Several of the key concerns of the Voting Rights Act relate to

voter registration activity in that racial voter registration data

facilitates the enforcement of that Act's provisions. Therefore, race/

ethnicity information collected on the national form would be helpful

in administrative determinations and litigation under that law. 42

U.S.C. 1973 et seq. Section 2 of the Voting Rights Act prohibits

discriminatory voting practices and procedures nationwide, including

the use of discriminatory redistricting plans and election systems that

dilute minority voting strength. Section 5 of that Act prohibits the

specially covered jurisdictions, all or some portions of 16 states,

from implementing new election laws or procedures without preclearance

from the U.S. Attorney General or the U.S. District Court for the

District of Columbia. While that Act does not require specially covered

jurisdictions to include race on their voter registration forms, it may

be that information on registrants broken down by race is used both

``as a sword and a shield'' in certain instances to help the states

administer and enforce the Voting Rights Act. It should be noted,

however, that one covered jurisdiction employs Census Bureau figures

for this purpose. In addition, one of the express findings in the NVRA

was that, ``discriminatory and unfair registration laws and procedures

can have a direct and damaging effect on voter participation in

elections for Federal office and can disproportionately harm voter

participation by various groups, including racial minorities.'' 42

U.S.C. 1973gg(a)(3). Moreover, the NVRA specifically cautions that its

implementation is to be consistent with the Voting Rights Act of 1965

and that the NVRA does not authorize or require conduct that is

prohibited by that Act. 42 U.S.C. 1973gg-9(d).

Arguments advanced by commenters in favor of requiring race/

ethnicity included: it is necessary to monitor the effectiveness of

registration efforts under the Act; it is necessary to comply with the

intent of the NVRA to eliminate the barriers to equal voter

registration; it is essential for full enforcement of the NVRA anti-

discrimination provisions concerning confirmation mailings; it would

provide a statistical basis for administering or enforcing the Voting

Rights Act; it is necessary under the U.S. Constitution to determine

whether a jurisdiction unconstitutionally discriminates on the basis of

race; and, it would serve as a guide to determine minority

representation of pollworkers. Furthermore, if race/ethnicity data is

not included on the form, incomplete and inconclusive data on race/

ethnicity would result for those jurisdictions that currently collect

such data.

On the other hand, arguments presented against requiring race/

ethnicity included: it is not necessary to comply with the intent of

the NVRA; it is not essential for voter registration purposes; it may

be viewed by potential applicants as personally offensive, an invasion

on privacy, or as intimidating; and, it could lead to an application

being rejected because the applicant failed to indicate his or her

race.

Some of the comments suggested alternatives to an all or nothing

inclusion or exclusion proposal. For example, one commenter suggested

that race/ethnicity data be included on the form as an optional item

only (similar to applicants optionally providing telephone numbers).

Another suggestion was that racial data be included on the form only

for states that currently require it by state law. A third suggestion

was that racial data be included on the form only for those states that

are specially covered by the Voting Rights Act (similar to the party

preference requirement only for closed primary states). Finally,

another suggestion was to exclude the data element from the national

form, but to require or request applicants to indicate race/ethnicity

on the confirmation notices required under the Act.

In light of the Voting Rights Act, the conflicting state

requirements, the suggested alternatives, and the arguments presented

on both sides, the Commission seeks further comments from states and

other interested parties on whether race/ethnicity meets the

``necessary threshold'' required by the Act to assess eligibility or to

administer voter registration, and whether to include race/ethnicity as

a data element on the form in the final rules.

B. Gender

Whether to request or require gender as an information item is

another matter still under consideration. Forty-four respondents to the

state survey declared gender to be unnecessary information while two

more found it to be merely desirable. Its primary utility appears to be

in generating statistics. Furthermore, gender is not an eligibility

requirement in any state and it is seldom necessary for distinguishing

between voters (since date of birth and/or identification numbers can

accomplish this as readily). The Commission welcomes further comment on

whether to include or exclude this data element on the form in the

final rules.

III. Proposed Items To Be Excluded From the Form

For the reasons given, the Commission is proposing that the

following items be excluded from the national mail voter registration

form because they do not appear to meet the ``necessary threshold'' of

the NVRA to assess the eligibility of the applicant or to administer

voter registration or other parts of the election process. The

Commission will consider all the comments it receives in issuing the

final rules, and welcomes further comments on the following data

elements.

A. Information Regarding Naturalization

Respondents to the state survey were evenly divided on the

necessity or desirability of requiring naturalization information,

while 5 commenters on the ANPRM advocated including it. The issue of

U.S. citizenship appears to be best addressed within the oath required

by the Act, and signed by the applicant under penalty of perjury as

previously proposed. The basis of citizenship, whether it be by birth

or by naturalization, is irrelevant to the citizen's eligibility.

Therefore, the Commission proposes not to request or require such

information on the national form.

B. Place of Birth

Eleven commenters on the ANPRM advocated requiring place of birth

as an information item on the national voter registration application

(with 1 opposed and 2 dissenting in favor of a state voter

identification number). At the same time, 33 respondents to the state

survey found place of birth to be necessary or desirable (with 15

finding it unnecessary). The Commission nevertheless proposes not to

request or require place of birth.

The chief argument advanced for including place of birth is that it

might serve as a means of distinguishing between applicants of the same

name and date of birth. However, requiring this information has the

potential for inviting unequal scrutiny of applications from citizens

born outside the U.S. Given the potentially chilling effect of

including this item, the Commission proposes to exclude it from the

form. Moreover, the administrative purpose of distinguishing between

applicants can be as effectively accomplished by employing a voter

identification number such as: the full social security number in

states that can require it; the last four digits of the social security

number in states that cannot require the full number; the state

driver's license or identification number; or another voter

identification number decided on by the state. Indeed, the fact that 17

states currently function without requiring place of birth draws into

question its necessity.

C. Occupation

Only 5 survey respondents declared occupation to be a necessary or

desirable information item while 43 survey respondents and 1 commenter

on the ANPRM declared it to be unnecessary. The only use advanced for

this datum would be for the purposes of voter identification at the

polls. Because there is no mutually exclusive list of occupations,

individuals may have more than one occupation at a time, occupations

may be readily changed, and this information is not essential for voter

identification, the Commission therefore proposes not to include it on

the national voter registration form.

D. Specific Information Regarding Criminal Conviction or Mental

Incapacity

The Act specifically requires that the national voter registration

form contain a statement that ``specifies each eligibility requirement

(including citizenship)'' and ``contains an attestation that the

applicant meets each such requirement.'' 42 U.S.C. 1973GG-7(b)(2) (A)

and (B). Yet voter eligibility requirements vary considerably among the

states especially with regard to both criminal conviction and mental

incapacity.

Some states, for example, disenfranchise all persons convicted of

any felony. Other states disenfranchise only persons convicted of

certain types of crimes (e.g. election crimes). Some states

disenfranchise felons for the entire period of their sentence while

others disenfranchise only incarcerated felons, or felons incarcerated

or on parole but not those on probation.

State voter eligibility requirements regarding mental incapacity

also vary, with some providing very specific definitions and categories

and others not.

In order to accommodate the different sets of eligibility

requirements without burdening the application form with them, the

Commission proposes, as noted previously, to list the specific voter

eligibility requirements for each state in a booklet containing a set

of instructions to accompany the application. The form would direct an

applicant to the state voter eligibility list in the booklet. The oath,

attesting that the applicant meets the eligibility requirements of the

state including those regarding criminal conviction or mental

incapacity, would be signed by the applicant, and thus incorporate by

reference all eligibility requirements for each of the applicable

states. Therefore, because the oath appears to be sufficient to

determine voter eligibility, the Commission proposes that a separate

item requiring specific criminal conviction or mental incapacity

information would be unnecessary.

E. Height, Weight, Hair and Eye Color, or Other Physical

Characteristics

The majority of respondents to the state survey find no value in

requiring height, weight, hair and eye color, or other physical

characteristics on the voter registration form. Only a handful, along

with 1 commenter on the ANPRM found it necessary or desirable.

It appears that the only purpose for requiring or requesting

information regarding personal characteristics is for voter

identification at the polls, and there is little evidence that it has

ever in fact been used for that purpose. Moreover, the Commission notes

that, as with occupation, many personal characteristics are variable,

most notably weight and hair color but also, to some extent, height and

eye color. Because such information appears to be of negligible value

in voter identification, and therefore not ``necessary'', the

Commission proposes not to require or request it on the national voter

registration form.

F. Marital Status

No state considers marital status to be a necessary item of

information. The Commission therefore proposes not to require or

request marital status on the national voter registration form.

G. Other Names

This section deals with other names such as maiden name, spouse's

name, father's name, mother's maiden name, and prior legal name. Only 7

states currently require any other name on their voter registration

form, presumably for the purposes of voter identification or for

capturing changes of name.

The Commission notes that many applicants might find such items to

be offensive or intrusive on their privacy. Moreover, because the

proposed national form would serve as a notice of change of name, that

important purpose is achieved in the individual cases where it is

relevant. See, proposed section 8.4(a)(1). As discussed previously,

other less intrusive means are proposed for distinguishing between

applicants. The Commission therefore proposes not to require or request

any other names on the national voter registration form.

H. Miscellaneous Items

Several comments on the ANPRM addressed whether to include

miscellaneous items such as language preference, the need for

assistance by persons with disabilities, and the willingness to serve

as a pollworker.

Three commenters on the ANPRM advocated including such

miscellaneous information items on the voter registration form in order

to provide useful information and to facilitate administering other

aspects of the election process. Four commenters opposed the inclusion

of such information because it would unnecessarily complicate the form

and is not essential.

The Commission is aware of the concerns of language minority

groups, as well as the language minority requirements of the Voting

Rights Act specified in 42 U.S.C. 1973aa-1a and 1973b(f)(4). Indeed,

the Commission is hoping to develop separate versions of the national

voter registration form by translating the form into each of the

written languages covered by the Voting Rights Act, to the extent

technically possible in a side by side format with the English version.

The Commission is also aware of the needs of persons with

disabilities and the requirements of both the Voting Accessibility for

the Elderly and Handicapped Act of 1984 and the Americans with

Disabilities Act. 42 U.S.C. 1973ee, 42 U.S.C. 12101 et seq. For

example, the Commission proposes below to develop the national voter

registration form in the largest practicable type size in order to

accommodate applicants with vision impairments.

Further, the Commission realizes that local election officials face

a challenge due to the dwindling pool of potential pool workers.

However, alternative means exist for eliciting these miscellaneous

items of information without burdening the voter registration form with

them. States and localities might, for example, want to consider using

a detachable return postcard seeking this information on the

acknowledgment notice required by the Act in response to voter

applications.

Because such information is not, then, necessary in the act of

applying to register, the Commission proposes not to require or request

any such miscellaneous information on the national voter registration

form.

IV. Format

A. Layout

With regard to format, the Commission considered in the ANPRM

whether the layout of the form should be a single sheet or a booklet.

The booklet would include a tear out application portion and

accompanying instructions. The Commission is proposing this latter

approach, in proposed sections 8.3 and 8.5, because it appears to be

the best way to accommodate the information requirements under the

NVRA, different state requirements, and other goals for the form. Under

this approach, the Commission considers the ``form'' to include both

the application portion and the accompanying instructions. The

Commission welcomes comments on this approach.

B. Size, Weight, and Color of the Form

The Commission proposes in section 8.5(a) to capture all of the

required data elements on a single 5" x 8" application card of

sufficient stock and weight to satisfy postal regulations and standard

filing requirements. The application card would be attached by a

perforated fold to another 5" x 8" card containing requests for such

ancillary information, where applicable, as previous address, previous

name, previous political party affiliation, and a locational map space.

Under proposed section 8.5(b)(1), applicants would be able to seal the

completed application by removing a strip covering a pre-glued area

along the bottom of the form, folding the form at the center

perforation, and attaching the pre-glued area to the top of the form.

Registrars would be able to remove the sealing strip portion (which

itself would be perforated) and either remove the ancillary portion or

else fold it back and file it along with the application.

The Commission is proposing in section 8.5(b)(2) that the

``outside'' of the application contain address lines. The address of

each state registration official would be provided in the accompanying

instructions. Applicants would be directed to affix first class

postage, and appropriate postal indicia would be preprinted

accordingly.

In order to accommodate optical scanning capabilities, proposed

section 8.5(c) would require ink and paper colors of sufficient

contrast for that purpose, to minimize the volume of preprinted

material on the application without sacrificing clarity to the

applicant, and to designate a signature field rather than a signature

line for the applicant's signature or mark.

A number of commenters on the ANPRM expressed concern about their

need to add additional information to the application such as precinct

and legislative districts. Accordingly, the Commission proposes in

section 8.5(b)(4) to provide space where practicable, and on both sides

of the application, blank boxes labeled ``For Official Use Only.''

C. Type Size

In order to accommodate applicants with vision impairments,

proposed section 8.5(e) would require that the form employ the largest

practicable sans serif type size.

D. Bilingual Requirements

Jurisdictions covered by the NVRA must provide forms which meet the

requirements of the Voting Rights Act of 1965 to eliminate language

barriers. 42 U.S.C. 1973aa-1(a). In order to accommodate the concerns

of several commenters on the ANPRM regarding the needs of language

minority groups and the language minority requirements of the Voting

Rights Act, the Commission hopes to develop separate versions of the

form in each of the written languages covered by that Act, to the

extent technically possible in a side by side format with the English

version.

E. Additional Concerns

Pursuant to the Act's requirement that the form specify ``each

eligibility requirement'' of each state (42 U.S.C. 1973gg-7(b)(2)(A)),

proposed section 8.6(a) would require the chief election official of

each state responsible for coordinating activities under the NVRA to

certify to the Commission each voter eligibility requirement of the

state, including the standard deadline for submitting applications

(with State Constitutional or statutory citations), within 30 days

after the promulgation of the Final Rule. Under proposed section

8.6(b), the election official must also provide the Commission with

notice of any change thereafter to such eligibility requirements or

dates within 30 days of the change. The Commission also proposes in

section 8.6(c) to require, from officials in states requiring or

requesting the applicant's full social security number, the state's

privacy statement required under the Privacy Act of 1974. 5 U.S.C. 552a

note.

In addition, the Commission is considering ways to keep printing

and production costs at a minimum while maintaining printing quality

control. To help achieve these goals, the Commission proposes to have a

modest number of each version of the form printed at the Government

Printing Office. This would make the form a government document,

available for sale through the Government Printing Office, and would

offer the States and other interested groups an opportunity to ``ride''

the print order for as many copies as they feel necessary and to

reorder as needed. The Commission feels that such an approach would

substantially reduce costs and provide an avenue for obtaining large

quantities of the booklet.

Recordkeeping and Reporting Requirements

Under 42 U.S.C. 1973gg-7(a)(3), the Commission is required to

submit to the Congress not later than June 30 of each odd-numbered year

a report assessing the impact of the NVRA on the administration of

elections for federal office during the preceding 2 year period. The

report must also include recommendations for improvements in federal

and state forms, procedures, and other matters affected by the Act. The

Commission is granted regulatory authority to prescribe, in

consultation with the chief election officials of the states, such

regulations as are necessary to implement this reporting requirement.

42 U.S.C. 1973gg-7(a)(1).

The Commission welcomes comment on how best to implement this

responsibility while maintaining confidentiality and privacy rights of

individuals and not unduly burdening the states and other reporting

entities. In order to produce a document that is both useful and

comprehensive, the Commission anticipates that it will need several

different types of data. For some of this data (such as total voting

age population by state and demographic figures on reported voter

registration), the Commission will use figures produced by the Bureau

of Census. For the data elements identified below, however, the

Commission will require the chief election official of each state

responsible for coordinating activities under the NVRA to report to the

Commission.

The proposed rules in new section 8.7(a) would require each state's

chief election official responsible for coordinating activities under

the NVRA to report to the FEC, on a form provided by the Commission,

the information identified below no later than March 31 of each odd-

numbered year (the year following each regularly scheduled general

election for federal office, hereafter referred to as ``federal general

election'') beginning March 31, 1995.

I. Contents of the Report

For the reasons given, the Commission invites comments on whether

the following information items should be considered necessary to

assessing the impact of the NVRA on the administration of elections for

federal office.

A. The Total Number of Voters Registered Statewide (Both as ``Active''

and as ``Inactive'') in the Federal General Election Two Years Prior to

the Most Recent Federal General Election

The Commission believes that in order to assess the impact of the

NVRA between each two federal general elections, it is essential to

obtain as a baseline the total number of registrants statewide (both

``active'' and ``inactive'' if the state makes such a distinction) in

the federal general election prior to the one just preceding the

reporting date. For example, for the 1999 report, the number would be

the number of voters registered in the November 1996 election.

The Commission therefore proposes in section 8.7(b)(1) to require

this information on each state report. It further proposes to convey

the number of active registrants to the Congress not only in numbers,

but also, based on Census figures, as a percentage of voting age

population in each state.

According to the NVRA legislative history, states may designate

registrants, under certain circumstances, as ``inactive''. Throughout

the following discussion, the term ``active'' refers to all registered

voters except those who have received and not responded to the

confirmation mailing sent in accordance with 42 U.S.C. 1973gg-6(d) and

not offered to vote. See, proposed section 8.2(c). The term

``inactive'' refers to registrants who have neither responded to the

confirmation mailing nor offered to vote. See, proposed section 8.2(d).

For purposes of reporting under these rules, if a state does

distinguish between ``active'' and ``inactive'' registrants, then the

state shall also report the number of each.

B. The Total Number of Voters Registered Statewide (Both as ``Active''

and as ``Inactive'') in the Most Recent Federal General Election

In order to determine the overall increase or decrease in voter

registration between federal general elections, proposed section

8.7(b)(2) would require from each state the total number of voters

registered in the most recent federal general election and the number

of ``active'' and ``inactive'' registrants if the state makes such a

distinction.

C. The Total Number of New Valid Registrations Statewide Between the

Past Two Federal General Elections

Because changes in total voter registration figures between federal

general elections result from additions to the list as well as

deletions from the list, the Commission proposes in section 8.7(b)(3)

to require of each state the total number of new valid registrations

between the date of the most recent federal election and the one prior

to the most recent (ruling out any duplicate or rejected applications).

D. If the State Distinguished Between ``Inactive'' and ``Active''

Voters, the Total Number of Registrants Statewide That Were Designated

``Inactive'' Between the Past Two Federal General Elections and Were

Still Designated ``Inactive'' After the Past Federal General Election

In order to maintain consistency in the numbers of registrants

reported, proposed section 8.7(b)(4) would require from those states

who adopt the practice of distinguishing between ``active'' and

``inactive'', the number of registrants designated as ``inactive''

between the most recent federal general election and the one prior to

that and who remained ``inactive'' after the most recent federal

general election (thus ruling out registrants that were designated

``inactive'' but were restored to ``active'' status by reason of

returning a confirmation notice or voting).

Confirmation notices must be mailed to ensure the maintenance of

accurate and current voter registration rolls for election to Federal

office according to 42 U.S.C. 1973gg-6(b). Therefore, the proposed

information should be readily obtained by state election officials,

since the Act specifically requires registration officials to maintain

records for at least 2 years regarding confirmation notices mailed out

as well as the responses to such notices (42 U.S.C. 1973gg-6(i)(2)),

and because the number of registrants designated as ``inactive'' is

merely the number of persons who have neither responded to the

confirmation notices nor subsequently voted.

E. The Total Number of Registrations Statewide That Were, for Whatever

Reason, Deleted From the Registration List Between the Past Two Federal

General Elections

Because changes in total voter registration figures between federal

general elections result from deletions from the list as well as from

additions to it, the Commission proposes in section 8.7(b)(5) to

require of each state the total number of registrations (both

``active'' and ``inactive'' if the state makes such a distinction) that

were, for whatever reason, deleted from the registration list between

the past two federal general elections.

F. The Total Number of Registration Applications Statewide That,

Between the Past Two Federal General Elections, Were Received or

Generated by Collectively: (1) All Motor Vehicle Offices; (2) Mail; (3)

All Public Assistance Agencies That Are Mandated as Registration Sites

Under the NVRA; (4) All State Funded Agencies Primarily Serving Persons

With Disabilities; (5) All Armed Forces Recruitment Offices; (6) All

Other Agencies Designated by the State; and (7) All Other Means

(Including In-Person, Deputy Registrars, Organized Voter Registration

Drives Delivering Forms Directly to Registrars, etc.)

A principal objective of the NVRA is to expand the number and range

of locations where eligible citizens may obtain and complete a voter

registration application. Accordingly, the Commission believes that any

assessment of the impact of the NVRA should include an indication of

the level of voter registration activity at the various categories of

locations (as distinct from individual agencies or offices). Under

proposed section 8.7(b)(6), information regarding the number of

registration applications received from or generated by the various

categories of locations identified above would be required to be

reported. It is important to note that the Commission seeks the total

number of applications (regardless of whether they are valid, rejected,

duplicative, or address changes) since these numbers will reflect the

overall level of registration activity at various types of sites.

Issues of how to categorize certain applications (such as those that

are obtained by the applicant from a public assistance agency or from

an organized registration drive but are mailed in by the applicant) are

not as important as assuring that the method of categorization is

consistent throughout the State and over time.

G. The Total Number of Redundant or ``Duplicate'' Registration

Applications Statewide That, Between the Past Two Federal General

Elections, Were Received From or Generated by Collectively: (1) All

Motor Vehicle Offices; (2) Mail; (3) All Public Assistance Agencies

That Are Mandated as Registration Sites Under the NVRA; (4) All State

Funded Agencies Primarily Serving Persons With Disabilities; (5) All

Armed Forces Recruitment Offices; (6) All Other Agencies Designated by

the State; and (7) All Other Means (Including In-Person, Deputy

Registrars, Organized Voter Registration Drives Delivering Forms

Directly to Registrars, etc.)

The Commission believes that it is important to gauge the level of

unfruitful voter registration activity at both the categories of

registration sites and by voter registrars. In order to do so, the

Commission proposes in section 8.7(b)(7) requiring the number of

redundant or duplicate registration applications received from each

category of registration site identified above. A ``duplicate

registration application'' is an offer to register by a person already

registered to vote within the same jurisdiction. See, proposed section

8.2(e). Collecting such information might lead to better registration

site selection or may indicate the need for improved voter information

regarding the absence of the need to reapply if one is already

registered and has not changed address.

H. The Statewide Number of Confirmation Notices Mailed Out Between the

Past Two Federal General Elections and the Statewide Number of

Responses Received to These Notices During That Same Period

The Act requires that registrars mail out confirmation notices to

certain types of registrants. 42 U.S.C. 1973gg-6(d)(2). The Act further

requires that States maintain records of all such mailings along with

information concerning whether each recipient has responded to the

notice. 42 U.S.C. 1973gg-6(i)(2). The Commission notes that such

information is important in assessing the impact of the NVRA and that,

in States which do not distinguish between ``active'' and ``inactive''

registrants, such numbers are essential to adjusting overall

registration figures. The Commission, therefore, proposes in section

8.7(b)(8) to require that such information be reported.

I. The Postal Costs Incurred Statewide Between the Past Two Federal

General Elections for All Mailings Required Under the NVRA

The Act requires at least five types of mailings to be paid for by

the registrar's office: A notice to each applicant of the disposition

of the registration application (42 U.S.C. 1973gg-6(a)(2)); a

forwardable mailing to registrants who, according to Postal Service

information, have changed address within the registrar's jurisdiction

(42 U.S.C. 1973gg-6(c)(1)(B)(i)); a postage prepaid, pre-addressed

return form by which registrants who may have moved within the same

jurisdiction may verify or correct their address information (42 U.S.C.

1973gg-6(c)(1)(B)(i)); a forwardable confirmation mailing to

registrants who may have moved outside the registrar's jurisdiction (42

U.S.C. 1973gg-6(d)(2)); and a prepaid, pre-addressed return card

whereby registrants who may have moved outside the jurisdiction may

state their current address (42 U.S.C. 1973gg-6(d)(2)). In addition to

these required mailings, and depending on the specific procedures

adopted by each state, the Act may also entail the costs of employing

the Postal Service's National Change of Address (``NCOA'') program or

(in lieu of using the NCOA) a direct, return-if-undeliverable, address-

correction-requested mailing to some or all of the voter registration

list.

The Commission believes that, in order to gauge the impact of the

NVRA on the administration of federal elections, it is important to

require reporting of the postal costs incurred statewide for each of

these items. Proposed section 8.7(b)(9) would require such reporting.

J. In the State's First Report, a Brief Narrative Description of the

State's Implementation of the NVRA; and in Subsequent State Reports,

any Significant Changes to the Program

Because the Act provides the states a number of options in

complying with the NVRA, the Commission believes that an overall

description on how each state has initially gone about implementing the

Act is essential to assessing its impact. In order to ease this burden,

and in order to enhance comparability across states, the Commission

proposes in section 8.7(b)(10) to provide, on the FEC reporting form, a

series of questions with categorical responses requiring the state to

indicate the options or procedures the state has selected in

implementing the NVRA. By the same token, and in the same manner, the

Commission proposes to inquire in all subsequent reports about any

significant changes in each state's program.

K. Problems Encountered

The Commission notes that no report on the impact of the NVRA would

be complete without identifying the types of problems encountered in

its implementation and operation. Accordingly, under proposed section

8.7(b)(11), an area on the reporting form would be provided for states

to identify any problems they have encountered along with the measures

they have taken to address any such problems.

II. Items Not To Be Reported

Although a few commenters on the ANPRM suggested them, the

Commission, for the reasons given, proposes not to request reporting of

the following items:

A. Any Numbers or Other Information Regarding Registration Applications

From Specific Offices or Agencies Designated as Registration Sites

Under the NVRA

Although, as noted previously, the Commission proposes to require

the numbers of applications from categories of registration sites

designated under the NVRA, the Commission believes that the required

reporting of information regarding specific offices or agencies would

place an undue burden on local registration offices and could undermine

the confidentiality requirements of the Act (which prohibits public

disclosure of information regarding the specific public assistance

agency or motor vehicle office through which any individual registered)

with respect to applications from specific motor vehicle offices (42

U.S.C. 1973gg-3(c)(2)(D)(iii)) and from specific public assistance

agencies (42 U.S.C. 1973gg-6(i)(1)). At the same time, however, states

may for their own purposes wish to code their registration applications

in such a manner as to be able, under certain circumstances, to

identify originating offices or agencies. Although such information

might be valuable to states in assessing the accuracy and efficiency of

their individual intake sites, the Commission proposes not to require

the reporting of such information.

B. The Number of Declinations Filed at Agencies or Motor Vehicle

Offices

The Act requires that applicants at public assistance agencies be

provided a form on which they may decline in writing to register to

vote and permits, though does not require, such a procedure in motor

vehicle offices. 42 U.S.C. 1973gg-5(a)(6)(B). There are any number of

reasons why a person may decline to register to vote, not the least of

them being that the person is already registered. Moreover, the same

person may decline to register several times during the same two year

period at different agencies or even at the same agency. Retaining

records on the number of declinations will therefore not be likely to

yield any statistically useful information. The Commission also wishes

to avoid discouraging agencies from participating in voter registration

activities by imposing on them burdensome reporting responsibilities.

At the same time, however, states must retain declination documents

for 22 months. 42 U.S.C. 1974 et seq. Although states may want to

ensure that such declinations are retained in such a manner as to be

able to identify originating offices or agencies, the Commission

proposes not to request the number of declinations.

C. The Number of Persons Voting Under the ``Fail-Safe'' Provisions of

the NVRA

The Act permits some registrants, under very specific

circumstances, to vote on election day by affirming their residence. In

doing so, it grants states considerable latitude in how to administer

such a process. Some procedures may generate statistics more readily

than others. Moreover, such cases may be difficult to distinguish from

other cases whereby, under state law, voters may already be permitted

to cast a provisional ballot. The Commission therefore proposes that

the burden on state and local registration offices of counting the

number of persons voting under the ``fail-safe'' provisions of the Act

outweighs whatever value such information might have in assessing the

impact of the NVRA.

D. The Number of Persons Newly Registered Between the Past Two Federal

General Elections Who Voted in the Past Federal General Election

The overall purpose of the NVRA is to increase the opportunity of

citizens to register to vote. The information the Commission is

proposing to be reported is designed to gauge the effect of the Act in

increasing voter registration. Whether or not registered persons

subsequently vote, however, is a separate matter driven by a multitude

of variables outside the Act. Moreover, levels of voter participation

can be ascertained by other means. Both because state and local

election offices do not routinely gather information on the subsequent

voting of specific groups of registrants and the burden such a data

collection effort would impose, the Commission proposes not to require

such information to be reported.

E. The Implementation or Operating Costs, Other Than the Postal Costs,

of the NVRA

Based on some comments to the ANPRM, the Commission recognizes that

a number of people will want to know the implementation and operating

costs of the NVRA. For a number of very practical reasons, however, the

Commission proposes not to seek such data other than postal costs as

previously proposed.

The first of these reasons is that the states approach the NVRA

from different starting points. Some already have motor voter, mail, or

agency voter registration programs in progress while others operate

none of these. It seems reasonable to imagine that the costs of newly

implementing any of these programs will entail an up-front expenditure

which could not be compared to any new costs incurred by states that

already administer some or all of the programs.

The second reason is that states vary considerably in their degrees

of computerization in election offices as well as in motor vehicle and

public assistance agencies. Computerization at both the state and local

levels will result in apparent reduced operating costs in states that

already employ such technology.

The third reason is that, in recognition of the differences among

state election laws and procedures, the Act provides the states a wide

variety of options in implementing many of its provisions. Since

different implementation strategies are likely to incur different kinds

of costs, comparisons and even total cost figures would be misleading.

Finally, it is the experience of this Commission in conducting

previous research on election costs, that few local election offices

are able to isolate their election related costs from the costs of

other non-election-related office activities. Fewer still are able to

isolate registration-related costs from other election costs, and very

few indeed would be able to isolate NVRA-related costs from other

registration costs. Moreover, cost accounting systems vary widely not

only from state to state but also from locality to locality within

states.

Because ascertaining the implementation and operating costs of the

NVRA would require imposing on election offices nationwide a uniform

and burdensome accounting system, the Commission proposes to limit cost

data to the more uniform, comparable, and readily obtained item of

postal costs. However, this proposal would not preclude states from

voluntarily reporting other costs, e.g. in the Problems Encountered

section of the report.

List of Subjects--11 CFR Part 8

National Voter Registration Act.

Certification of No Effect Pursuant to 5 U.S.C. 605(b) [Regulatory

Flexibility Act]

The attached proposed rules would not, if promulgated, have a

significant economic impact on a substantial number of small entities.

The basis for this certification is that few, if any, small entities

would be affected by these rules.

For the reasons set out in the preamble, it is proposed to add a

new part 8 to Chapter I of Title 11 of the Code of Federal Regulations

as follows:

PART 8--NATIONAL VOTER REGISTRATION ACT (42 U.S.C. 1973gg-1 ET

SEQ.)

Subpart A--General Provisions

Sec.

8.1 Purpose and scope (42 U.S.C. 1973gg-7(a)(1)).

8.2 Definitions.

Subpart B--Mail Voter Registration Form

Sec.

8.3 General information.

8.4 Contents (42 U.S.C. 1973gg-7(a) and (b)).

8.5 Format (42 U.S.C. 1973gg-7(a)).

8.6 Chief State Election Official (42 U.S.C. 1973gg-7(a) and

1973gg-8)

Subpart C--Recordkeeping and Reporting

Sec.

8.7 Contents of Reports from the States (42 U.S.C. 1973gg-7)

Authority: 42 U.S.C. 1973gg-1 et seq.

Subpart A--General Provisions

Sec. 8.1 Purpose and scope (42 U.S.C. 1973gg-7(a)(1)).

These regulations implement the responsibilities delegated to the

Commission under section 9 of the National Voter Registration Act of

1993, Public Law 103-31, 97 Stat. 77, 42 U.S.C. 1973gg-1 et seq.

(``NVRA''). They describe the format and contents of the national mail

voter registration form and the information that will be required from

the states for inclusion in the Commission's biennial report to

Congress.

Sec. 8.2 Definitions.

As used in this part:

(a) Form means the national mail voter registration application

form which includes the registration application and accompanying

booklet.

(b) Chief State Election Official means the designated chief state

officer or employee responsible for the coordination of state

responsibilities under the NVRA.

(c) Active voters means all registered voters except those who have

received and not responded to a confirmation mailing sent in accordance

with 42 U.S.C. 1973gg-6(d) and not offered to vote.

(d) Inactive voters means registrants who have received and not

responded to a confirmation mailing sent in accordance with 42 U.S.C.

1973gg-6(d) and not offered to vote.

(e) Duplicate registration application means an offer to register

by a person already registered to vote within the same jurisdiction.

Subpart B--Mail Voter Registration Form

Sec. 8.3 General Information.

The mail voter registration form shall consist of two components: a

tear-gas application, which shall contain appropriate spaces for the

applicant to provide all of the information required under 11 CFR

8.4(a); and an accompanying booklet, which shall contain instructions

for completing the application arranged by state, the state election

officials' addresses and telephone numbers, and information regarding

each state's voter registration requirements as described in 11 CFR

8.4(b)(1).

Sec. 8.4 Contents (42 U.S.C. 1973gg-7(a) and (b)).

(a) Information about the applicant. The mail voter registration

form shall provide appropriate spaces for the following information

from each applicant:

(1) Whether the application is a new registration application,

change of address, change of name, or change of party affiliation.

(i) If the application is a new application or change of address,

the form shall instruct the applicant to complete item A on the

detachable portion of the application indicating the address from which

the applicant was previously registered.

(ii) If the application is for a change of name or a change of

party, the form shall instruct the applicant to complete item B on the

detachable portion of the application indicating the applicant's former

name or party affiliation.

(2) The applicant's:

(i) Last, first, and middle name and any suffix;

(ii) Address where the applicant lives including: street number;

street name; apartment or unit number; city, town, or village name;

state; and zip code, with instructions not to use a post office box or

rural route number;

(iii) Mailing address if different from the address where the

applicant lives, such as a post office box, rural route number, or

other street address; city, town, or village name; state; and zip code;

(iv) Month, day, and year of birth;

(v) Telephone number as an optional item for the applicant to

provide; and

(vi) Political party preference, for applicants whose states

require a statement of political party preference as a necessary

precondition for voting in primary elections (``closed primary

state'').

(A) The application shall include instructions telling applicants

to consult the accompanying booklet to determine if the applicant's

state is a closed primary state and to obtain the telephone number of

the state election official for information on the qualified parties of

the applicant's state.

(B) The application shall also include a warning that if the

applicant is registering in a closed primary state, failure to indicate

a political party preference will prevent the applicant from voting in

partisan races in primary elections.

(C) The booklet shall list whether a state is a closed primary

state and include the telephone number of the state election official.

The booklet shall also list ``unaffiliated'' as a political party

preference option.

(3) A voter identification number as required or requested by the

applicant's state of residence.

(i) The application shall include instructions for the applicant to

consult the accompanying booklet to determine what type of voter

identification number the state requires or requests.

(ii) The booklet shall include what type of voter identification

number, if any, is required or requested by each state.

(iii) For each state using the applicant's full social security

number as its voter identification number, the state's Privacy Act

notice provided in accordance with 11 CFR 8.6(c), shall be reprinted in

the booklet.

(b) Required information. (42 U.S.C. 1973gg-7(b)(2) and (4)). The

form shall also include a statement that:

(1) Specifies each eligibility requirement (including citizenship).

The application shall list U.S. Citizenship as an eligibility

requirement and include a statement, through incorporation by

reference, of each state's eligibility requirements (including any

special pledges) and shall instruct the applicant to consult the

booklet to determine what his or her state requirements are;

(2) Informs applicants of the penalties provided by law for

submitting false voter registration applications;

(3) Contains an attestation that the applicant has read both the

form and the accompanying booklet and, to the best of his or her

knowledge and belief, meets each of his or her state's eligibility

requirements;

(4) Requires the signature of the applicant, under penalty of

perjury, and the date of the applicant's signature;

(5) If the applicant is unable to sign the application without

assistance, the name, address, and telephone number of the person who

assisted the applicant in completing the form;

(6) If an applicant declines to register to vote, a statement of

the fact that the applicant has declined to register will remain

confidential and will be used only for voter registration purposes; and

(7) If an applicant does register to vote, the office at which the

applicant submits a voter registration application will remain

confidential and will be used only for voter registration purposes.

Sec. 8.5 Format (42 U.S.C. 1973gg-7(a)).

(a) Size. The form shall consist of a 5'' by 8'' application card

of sufficient stock and weight to satisfy postal regulations and

standard filing requirements. The application card shall be attached by

a perforated fold to another 5'' by 8'' card containing space for items

A and B, in accordance with 11 CFR 8.4(a)(1).

(b) Layout. (1) The form shall be sealable.

(2) The ``outside'' of the form shall contain an appropriate number

of address lines.

(3) The detachable portion of the application shall contain space

to permit applicants from rural districts to draw a locational map

showing their place of residence and to indicate, where applicable, a

former address, former name, or former party preference.

(4) Both sides of the application card shall contain space

designated ``For Official Use Only.''

(c) Color. The form shall be of ink and paper colors of sufficient

contrast to permit for optical scanning capabilities.

(d) Signature field. The form shall contain a signature field in

lieu of a signature line.

(e) Type size. (1) All print on the form shall be of the largest

practicable sans serif type size.

(2) The requirements on the form specified in 11 CFR 8.4(b) (1),

(6), and (7) shall be in print identical to that used in the

attestation portion of the application required by 11 CFR 8.4(b)(3).

Sec. 8.6 Chief State Election Official (42 U.S.C. 1973gg-7(a) and

1973gg-8).

(a) Each chief state election official shall certify to the

Commission within 30 days after the promulgation of these rules:

(1) Each voter registration eligibility requirement of the state

and its corresponding State Constitution or Statutory citation; and

(2) The State's deadline for submitting voter registration

applications.

(b) Each chief state election official shall notify the Federal

Election Commission, in writing, within 30 days of any change to the

State's voter registration eligibility requirements.

(c) If the state, in accordance with 11 CFR 8.4(a)(3), requires or

requests the applicant's full social security number, the chief state

election official shall provide the Commission with the text of the

state's privacy statement required under the Privacy Act of 1974. (5

U.S.C. 552a note).

Subpart C--Recordkeeping and Reporting

Sec. 8.7 Contents of reports from the states. (42 U.S.C. 1973gg-7).

(a) The chief state election official is responsible for filing the

information required under this section with the Commission by March 31

of each odd-numbered year beginning March 31, 1995. Reports must be

mailed to: National Clearinghouse on Election Administration, Federal

Election Commission, 999 E Street, NW., Washington, DC 20463. The data

to be reported in accordance with this section shall consist of

applications or responses received up to and including the date of the

federal general election.

(b) The report required under this section shall include:

(1) The total number of voters registered statewide, including

``active'' and ``inactive'' voters if that information is maintained by

the state, in the federal general election two years prior to the most

recent federal general election;

(2) The total number of voters registered statewide, including

``active'' and ``inactive'' voters if that distinction is made by the

state, in the most recent federal election;

(3) The total number of new valid registrations statewide between

the past two federal general elections, less any duplicate or rejected

applications;

(4) If the state distinguishes between ``inactive'' and ``active''

voters, the total number of registrants statewide that were designated

``inactive'' between the past two federal general elections and were

still designated ``inactive after the past federal general election;

(5) The total number of registrations statewide that were, for

whatever reason, deleted from the registration list, including both

``active'' and ``inactive'' voters if that distinction is made by the

state, between the past two federal general elections;

(6) The total number of registration applications received

statewide (regardless of whether they were valid, rejected,

duplicative, or address changes) that were received from or generated

by each of the following categories of locations:

(i) All motor vehicle offices;

(ii) Mail;

(iii) All public assistance agencies that are mandated as

registration sites under the Act;

(iv) All state funded agencies primarily serving persons with

disabilities;

(v) All Armed Forces recruitment offices;

(vi) All other agencies designated by the state;

(vii) All other means, including but not limited to, in person,

deputy registrars, and organized voter registration drives delivering

forms directly to registrars;

(7) The total number of redundant or duplicate registration

applications statewide that, between the past two federal general

elections were received from or generated by each of the categories

described in paragraphs (b)(6) (i) through (vii) of this section;

(8) The statewide number of confirmation notices mailed out between

the past two federal general elections and the statewide number of

responses received to these notices during the same period;

(9) The postal costs incurred statewide between the past two

federal general elections for each of the following categories;

(i) Notices to applicants of the disposition of registration

applications;

(ii) Forwardable mailings to applicants who, according to Postal

Service information, have changed address within the registrar's

jurisdiction;

(iii) Postage prepaid pre-addressed return forms by which

registrants who may have moved within the same jurisdiction may verify

or correct their address information;

(iv) Forwardable mailings to registrants who may have moved outside

the registrar's jurisdiction;

(v) Prepaid, pre-addressed return cards whereby registrants who may

have moved outside the jurisdiction may state their current address;

(vi) The costs of employing the Postal Service's National Change of

Address program or the cost of direct, return-if-undeliverable,

address-correction-requested mailings to some or all of the voter

registration list;

(10) For the first state report due, a brief narrative or general

description of the State's implementation of the NVRA and, in all

subsequent reports, any significant changes to the state's voter

registration program. The report form will contain a series of

questions with categorical responses for the state to indicate which

options or procedures the state has selected in implementing the NVRA;

and

(11) Problems encountered and the measures taken, if any, to

address these problems.

Dated: March 4, 1994.

Trevor Potter,

Chairman.

[FR Doc. 94-5461 Filed 3-9-94; 8:45 am]

BILLING CODE 6715-01-M