[Title 11 CFR 8]
[Code of Federal Regulations (annual edition) - January 1, 2002 Edition]
[Title 11 - FEDERAL ELECTIONS]
[Chapter I - FEDERAL ELECTION COMMISSION]
[Part 8 - NATIONAL VOTER REGISTRATION ACT (42 U.S.C. 1973gg-1 et seq.)]
[From the U.S. Government Printing Office]
11FEDERAL ELECTIONS12002-01-012002-01-01falseNATIONAL VOTER REGISTRATION ACT (42 U.S.C. 1973gg-1 et seq.)8PART 8FEDERAL ELECTIONSFEDERAL ELECTION COMMISSION
PART 8--NATIONAL VOTER REGISTRATION ACT (42 U.S.C. 1973gg-1 et seq.)--Table of Contents
Subpart A--General Provisions
Sec.
8.1 Purpose & scope.
8.2 Definitions.
Subpart B--National Mail Voter Registration Form
8.3 General Information.
8.4 Contents.
8.5 Format.
8.6 Chief state election official.
Subpart C--Recordkeeping and Reporting
8.7 Contents of reports from the states.
Authority: 42 U.S.C. 1973gg-1 et seq.
Source: 59 FR 32323, June 23, 1994, unless otherwise noted.
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.
[[Page 44]]
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
[[Page 45]]
applicant lives in relation to local landmarks.
[59 FR 32323, June 23, 1994; 59 FR 40639, Aug. 9, 1994]
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;
[[Page 46]]
(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)(2) of this section and a brief narrative or general
description of the state's implementation of the NVRA.
[59 FR 32323, June 23, 1994, as amended at 59 FR 64560, Dec. 15, 1994]
[[Page 47]]