[Federal Register Volume 59, Number 47 (Thursday, March 10, 1994)]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5461]


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[Federal Register: March 10, 1994]


                                                    VOL. 59, NO. 47

                                           Thursday, March 10, 1994
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FEDERAL ELECTION COMMISSION

11 CFR Part 8

[Notice 1994-3]

 

National Voter Registration Act of 1993

AGENCY: Federal Election Commission.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Federal Election Commission is seeking comments on 
proposed regulations governing the national mail registration form and 
recordkeeping and reporting requirements under the National Voter 
Registration Act of 1993 (``NVRA'' or ``the Act''). Please note that 
the draft rules which follow do not represent a final decision by the 
Commission on the issues presented by this rulemaking.

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

ADDRESSES: Comments must be in writing and addressed to: Ms. Susan E. 
Propper, Assistant General Counsel, 999 E Street, NW., Washington, DC 
20463.

FOR FURTHER INFORMATION CONTACT:
Ms. Susan E. Propper, Assistant General Counsel, 999 E Street, NW., 
Washington, DC 20463, (202) 219-3690 or (800) 424-9530.

SUPPLEMENTARY INFORMATION: Under section 9 of the National Voter 
Registration Act of 1993, Public Law 103-31, 197 Stat. 77, 42 U.S.C. 
1973gg-1 et seq., the Federal Election Commission is required to 
develop a national mail voter registration form (``form'') for 
elections to federal office, and to submit to Congress no later than 
June 30 of each odd-numbered year (beginning June 30, 1995), a report 
that assesses the impact of the Act and recommends improvements in 
federal and state procedures, forms, and other matters affected by the 
Act. 42 U.S.C. 1973gg-7(a). The Commission has no interpretive 
authority beyond these areas, and no enforcement powers.
    The Commission notes, however, that this rulemaking does not apply 
to states where, on and after March 11, 1993, there was no voter 
registration requirement for any voter in the state with respect to an 
election for Federal office; or all voters in the State may register to 
vote at the polling place at the time of voting in the general election 
for Federal office. 42 U.S.C. 1973gg-2(b).
    On September 30, 1993, the Commission published an Advance Notice 
of Proposed Rulemaking (``ANPRM'') to gain general guidance from the 
regulated community and other interested parties on how best to carry 
out these responsibilities. 58 FR 51132. The Commission received 65 
comments from 63 commenters in response to the ANPRM. In addition, the 
Commission's National Clearinghouse on Election Administration 
conducted a survey of state election officials to obtain information on 
state laws and procedures that impact on Commission responsibilities 
under the NVRA. Both the comments on the ANPRM and results of the 
survey have been considered in drafting these proposed rules and are 
thus part of the rulemaking record.
    The Commission is publishing this Notice of Proposed Rulemaking 
(``NPRM'') to seek comments from the regulated community and other 
interested parties on the specific items of information that it 
proposes to include on the mail registration form, and on the specific 
items of information that it proposes be required from the states to 
carry out the Act's reporting requirements.

The National Mail Voter Registration Form

    The Commission is charged with developing a national mail voter 
registration form that ``may require only such identifying information 
(including the signature of the applicant) and other information 
(including data relating to previous registration by the applicant) as 
is necessary to enable the appropriate State election official to 
assess the eligibility of the applicant and to administer voter 
registration and other parts of the election process.'' 42 U.S.C. 
1973gg-7(b)(1). (The Act also requires certain specific information and 
attestation items to be included on the form. However, except with 
regard to format, these items are not discussed below because they are 
required by the Act.) The Commission is seeking comments on both the 
proposed items of information to be required or requested on the 
national mail registration form and the form's proposed format.
    The form may require only information that is ``necessary'' to 
assess the eligibility of the applicant and to administer voter 
registration and other parts of the election process. Since information 
not deemed ``necessary'' cannot be required on the form, there may be 
conflicts between what is permissible under the NVRA and current state 
requirements. Several comments to the ANPRM questioned whether states 
may take the national form and add additional or optional items on a 
version of the form prepared by a state under 42 U.S.C. 1973gg-4(a)(2). 
However, the Commission does not have the authority to provide legal 
interpretations regarding issues raised by the Act. Determinations of 
whether to add items on the form must be made by each state in 
consultation with its State Attorney General. Moreover, because of the 
Commission's concern that the national form not be unduly lengthy, 
complex, or intrusive, preliminary decisions have been made that 
information considered ``necessary'' by certain states not be included 
on the national form. Comments are therefore sought from states and 
other interested parties on those items that the Commission proposes 
not to include on the national form that may nevertheless be considered 
as ``necessary.''

The Layout

    In addition, the Commission invites comment on the layout of the 
form as prescribed in proposed section 8.3. The Commission places a top 
priority on ensuring that the form and accompanying instructions be as 
``user friendly'' and clear as possible while accommodating 
requirements under the NVRA. The Commission notes that the Act requires 
the development of a single national form, accepted by all covered 
jurisdictions, that complies with the NVRA, and that: contains all 
elements necessary for jurisdictions to determine voter qualification 
and to administer voter registration and other parts of the election 
process (42 U.S.C. 1973gg-7(b)(1)); specifies each eligibility 
requirement (including citizenship) (42 U.S.C. 1973gg-7(b)(2)(A)); and 
contains an attestation that the applicant meets each such requirement 
(42 U.S.C. 1973gg-7(b)(2)(B)).
    The states' comments on the ANPRM reflected a broad range of voter 
eligibility requirements among the states. Other comments urged the 
Commission to develop a form that accommodates administrative and legal 
requirements, such as electronic imaging, additional information space, 
and bilingual requirements. In the ANPRM, the Commission sought comment 
on the best or most practical approach to incorporate all these aspects 
and still develop a single national form.
    One option presented in the ANPRM was the use of a booklet format. 
The booklet would contain one or more tear out forms, instructions on 
how to complete the form, and a list of each covered state's 
eligibility requirements. Under this approach, the information 
contained in the booklet would be critical to the form, and the form 
could not be used without the accompanying booklet. See, proposed 
sections 8.2(a) and 8.3. All of the information relating to a 
particular state would be arranged so that the applicant will only have 
to turn to one place in the booklet. If the applicant had any questions 
concerning the form or his or her state eligibility requirements, the 
applicant would be able to read the information under his or her state 
in the booklet. Upon completing the form, the applicant would forward 
the form to the appropriate voter registration official, as listed in 
the booklet.
    The Commission received several comments on the booklet approach. 
Comments in favor stated that the booklet approach is the most 
practical and feasible in light of the requirement to develop a 
universal form, the need to include the different state eligibility 
requirements, the desire to provide for additional space, and the 
desire that the form be ``user friendly.'' One comment in favor raised 
the question of extra forms being provided without the booklet attached 
and suggested that the Commission require the applicant to sign that he 
or she has read the information contained in the booklet. Indeed, if 
this approach is adopted, the applicant would be required to affirm 
that he or she has read the contents of the form and booklet. See, 
proposed section 8.4(b)(3). Another comment acknowledged that the 
booklet approach should be used as a last resort, but suggested an 
alternative approach--a multi-page fold out with a tear-off 
registration form--and argued that the alternative approach would have 
less verbiage and would be less intimidating. Another comment suggested 
that states should be able to provide the form with their own state 
instructions instead of the entire national booklet. Finally, another 
comment urged that the form be modeled after the mail registration form 
used in the District of Columbia as it is considered to be the best 
example in terms of simplicity and clarity.
    On the other hand, comments that opposed the booklet reflected 
concern that the form be as easy to fill out as possible, and argued 
that the booklet approach was costly, complicated, intimidating, time 
consuming, and would have a chilling effect. One commenter suggested 
instead that a 10'' x 8'' back-sided application form be implemented 
with one 5'' x 8'' portion as the actual and the other 5'' x 8'' 
portion as instructions. Other commenters suggested that the Commission 
limit or compromise state requirements to reflect only those 
requirements universally required in the covered states. One of these 
commenters further argued that the Commission could limit the 
variations on the form to, for example, those relating to felony 
conviction or mental capacity, or in the alternative, develop a form 
with printed state-specific variations. However, such an option would 
result in numerous state-specific printed versions instead of a single 
national form as contemplated by the Act.
    While the Commission welcomes additional comments on these and 
other alternative approaches, it appears that the format that most 
closely meets the requirements of the NVRA is the booklet proposal. 
Therefore, the Commission has used that format in the proposed rules.

I. Proposed Items To Be Included on the Form

    For the reasons given, the Commission is proposing in section 8.4 
that the following information items be considered necessary to assess 
the eligibility of the applicant or to administer voter registration or 
other parts of the election process, and thus be included on the 
national mail voter registration form.
A. Whether the Application Is a New Registration, Address Change, Name 
Change, or a Party Change
    In order to accommodate the NVRA requirement that the national form 
be usable as a change of address form as well as an original 
registration application in accordance with 42 U.S.C. 1973gg-4(a), 
proposed section 8.4(a)(1) would request this information as the first 
item on the application. Because changes of name and, in some states, 
changes of party affiliation are equally necessary to administering 
voter registration or primary elections, the Commission proposes to 
include these options as well. This proposed information block would 
contain instructions explaining that if the application is to be used 
as a new or change of address form, then the applicant should complete 
item A on the detachable portion of the form. If the application is to 
be used as a change of either name or party affiliation, then the 
applicant should complete item B on the detachable portion of the form. 
This approach is proposed, in part, to help facilitate the necessary 
keeping of up to date voter registration records.
B. Full Name of Applicant
    Every state currently requires the full name of the voter 
registration applicant. There are, however, variations on how the full 
name is elicited. In light of the confusion that could result from 
cultural differences in the placement of the last name, and in 
accordance with the alphabetical order of most voter registration 
files, the Commission proposes in section 8.4(a)(2)(i) to require the 
last name first, the first name, and then the middle name. In addition, 
the Commission proposes to include an area for designating any suffix 
to the name (such as Jr., Sr., II, III, or IV).
C. Address Where You Live
    Every state requires the address of each applicant, whether this be 
a traditional or non-traditional residence, for the necessary purpose 
of identifying the applicant's voting precinct and polling place. 
Proposed section 8.4(a)(2)(ii) would obtain this information by 
requiring: The applicant's street number; street name (with an 
instruction not to use post office box or rural route numbers); 
apartment or unit number; city, town, or village name; state name; and 
zip code. Further, in order to accommodate the concerns of several 
respondents to the ANPRM regarding rural addresses, proposed section 
8.5(b)(3) would provide an area in the detachable portion of the 
application for applicants to sketch a map identifying the physical 
location of their residence in cases where street names, numbers, or 
rural route box numbers alone are insufficient.
D. Address Where You Get Your Mail (if Different From the Address Where 
You Live)
    Because it is necessary for registrars to be able to communicate 
with registrants by mail, the Commission proposes in section 
8.4(a)(2)(iii) to require the applicant's mailing address if it is 
different from the physical address. Such information at once 
accommodates post office boxes, rural routes, and mailing addresses for 
non-traditional residences. The required items would include the 
applicant's: post office box, rural route number, or other mailing 
addresses; city, town, or village; state name; and zip code.
E. Date of Birth
    The date of the applicant's birth is considered to be necessary or 
desirable by virtually all of the states in determining the applicant's 
eligibility, occasionally in differentiating between registrants of the 
same name, and in verifying the identity of voters at the polls. 
Proposed section 8.4(a)(2)(iv) would require the applicant's date of 
birth on the form in the standard month-day-year sequence.
F. Telephone Number (Optional)
    Although not absolutely necessary, the applicant's telephone number 
is thought to be necessary or desirable by most of the respondents to 
the state survey, primarily as a means of facilitating registration 
applications by enabling registrars to clarify or complete required 
items of information by telephone. The Commission therefore proposes in 
section 8.4(a)(2)(v) to request the applicant's telephone number as an 
optional item, so as to avoid undue intrusion into the applicant's 
privacy and to avoid any apparent discrimination against applicants 
without telephones.
G. Political Party Preference
    Under proposed section 8.4(a)(2)(vi), a statement of political 
party preference would be required only of those applicants applying in 
the states that require it as a necessary precondition to voting in 
primary elections (``closed primary states''). Applicants completing 
the form will be directed to consult the accompanying instructions in 
the booklet for their state of residence in order to determine whether 
their state requires this information, and, if so, how to determine 
whether their preferred political party is recognized in their state. 
For those states requiring such information, the Commission proposes to 
offer ``unaffiliated'' as an alternative to designating a political 
party instead of the more ambiguous and potentially confusing term 
``independent.''
H. Voter Identification Number
    The issue of requesting or requiring an identification number from 
voter registration applicants is a complex one. Thirteen states 
currently may and do require the applicant to provide their full social 
security number in accordance with the Privacy Act of 1974 (5 U.S.C. 
552a note) while an additional 21 states consider the social security 
number either ``necessary'' or desirable. Still other states request 
either the social security number or some alternative to it, such as 
the state's driver's license or identification number.
    The Commission recognizes the necessity of voter identification 
numbers in distinguishing between voters with the same name and date of 
birth. The Commission is aware, however, of the limits imposed by 
federal law on requiring an applicant's full social security number. 5 
U.S.C. 552a note. See also 42 U.S.C. 405(c)(2)(C)(vii)(I). Even in 
states where this is legally permissible, the Commission is mindful of 
the privacy concerns articulated by the United States Court of Appeals 
for the Fourth Circuit in Greidinger v. Davis, 988 F.2d 1344 (4th Cir. 
1993), which held that a state's practice of requiring social security 
numbers on voter registration applications and subsequent public 
disclosure of such social security numbers substantially burdened the 
applicant's fundamental right to vote. Therefore, states that require 
or accept social security numbers must keep that information 
confidential.
    In the ANPRM, the Commission sought comment on the alternative of 
requiring only the last four digits of the applicant's social security 
number as a means of meeting privacy concerns while still allowing the 
use of these numbers for identification purposes. Although the 
Commission suggests such a practice as a possibility in states that 
cannot legally require full social security numbers, the Commission is 
concerned that requiring this alternative would arbitrarily impose on 
the states an identification system that may conflict with current 
state practices and may ultimately conflict with future individual 
identification systems currently under discussion or development in the 
public and private sectors.
    In order to ensure the greatest flexibility for the states, the 
Commission proposes in section 8.4(a)(3) to request only whatever 
identification number may be required or requested from the applicant's 
state of residence by directing the applicant to the booklet 
instructions for that state, where the request or requirement would be 
identified.
I. Signature of Applicant Under Oath
    Virtually every state requires the signature of the applicant under 
penalty of perjury. In addition, the Act requires the signature of the 
applicant under penalty of perjury. 42 U.S.C. 1973gg-7(b)(2)(C). This 
requirement is reflected in proposed section 8.4(b)(4).
    The Act further requires a statement that ``specifies each 
eligibility requirement (including citizenship)'' and ``contains an 
attestation that the applicant meets each such requirement.'' 42 U.S.C. 
1973gg-7(b)(2)(A) and (B). Both because states vary significantly in 
their specific voter eligibility requirements, and to simplify the 
application form, proposed section 8.4 (b)(1) would specifically 
identify U.S. Citizenship on the application itself (since citizenship 
is a universal requirement) and then incorporate by reference the other 
specific voter eligibility requirements of each individual state, 
directing the applicant to the instructions under the applicant's state 
for the list of those requirements.
    Under this approach, the form cannot be used without the booklet 
because the booklet would contain necessary information for the 
applicant to fill out the form. The applicant would sign a statement 
that he or she has read the accompanying booklet, and to the best of 
his or her knowledge, meets the requirements as stated in the form and 
in the accompanying booklet. See, proposed section 8.4(b)(3). Because a 
few states require a special pledge of allegiance to their state 
Constitution or other special oath as an eligibility requirement, the 
Commission likewise proposes in proposed paragraph 8.4(b)(1) to 
incorporate by reference any such state pledge in the oath on the 
national application.
J. Date of Signature
    A majority of the states commented that the date of the applicant's 
signature is either necessary or desirable. The Commission recognizes 
the potential necessity of such an item whether for legal or 
administrative purposes, especially in light of the Act's provisions 
regarding the date of submitting an application versus the date of its 
receipt by the registrar. For example, the Act requires that completed 
registration applications must be forwarded to the appropriate state 
election official within 10 days after acceptance, except applications 
accepted within 5 days before the last day for registration to vote in 
an election must be forwarded no later than 5 days after the date of 
acceptance. 42 U.S.C. 1973gg-3(e) and 1973gg-5(d). Therefore, proposed 
section 8.4(b)(4) would require the date of signature in the standard 
month-day-year format.
K. If You Are Unable To Sign Your Name, the Name, Address, and 
Telephone Number of the Person Who Assisted You in Completing This Form
    Several commenters on the ANPRM expressed concern about cases in 
which applicants are unable, by reason of disability or illiteracy, to 
sign their names. These commenters questioned whether requiring the 
name of the person who assisted such an applicant in completing the 
form would violate the Act's prohibition against ``any requirement for 
notarization or other formal authentication.'' 42 U.S.C. 1973gg-
7(b)(3).
    In cases where the applicant is unable to sign the application, it 
may be legally or administratively necessary to require the name, 
address, and telephone number of the person assisting the applicant. 
Such a requirement does not appear to constitute the kind of ``formal 
authentication'' prohibited by the Act. The Commission therefore 
proposes in section 8.4(b)(5) to require the name, address, and 
telephone number of any person assisting an applicant who is unable to 
sign the application. However, the Commission seeks comments on whether 
requiring the disclosure of an assistant would constitute the kind of 
``formal authentication'' prohibited under the Act.

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

    The Commission is still considering whether to include race/
ethnicity and gender as data elements. The Commission received several 
comments on both of these data elements, and recognizes that compelling 
arguments exist for the inclusion or exclusion of these data elements. 
In order to be included on the form, the data elements must meet the 
``necessary threshold'' of the NVRA to assess voter eligibility and to 
administer voter registration. Therefore, further comments are 
encouraged from all of the states and other interested parties as to 
whether race/ethnicity and gender meet the ``necessary threshold'' 
under the Act. The Commission will consider all comments in issuing the 
final rules.
A. Race/Ethnicity
    Whether race/ethnicity should be regarded as a ``necessary'' 
element to be included on the national mail registration form is still 
a matter under consideration. Comments on the ANPRM reflected different 
viewpoints and an overall concern about the impact of its inclusion or 
exclusion. The Commission therefore welcomes comments regarding the 
inclusion or exclusion of this data element.
    Seven states currently require race on their voter application 
forms, and 2 states request race as an optional item. The remaining 
jurisdictions do not require or request it.
    Several of the key concerns of the Voting Rights Act relate to 
voter registration activity in that racial voter registration data 
facilitates the enforcement of that Act's provisions. Therefore, race/
ethnicity information collected on the national form would be helpful 
in administrative determinations and litigation under that law. 42 
U.S.C. 1973 et seq. Section 2 of the Voting Rights Act prohibits 
discriminatory voting practices and procedures nationwide, including 
the use of discriminatory redistricting plans and election systems that 
dilute minority voting strength. Section 5 of that Act prohibits the 
specially covered jurisdictions, all or some portions of 16 states, 
from implementing new election laws or procedures without preclearance 
from the U.S. Attorney General or the U.S. District Court for the 
District of Columbia. While that Act does not require specially covered 
jurisdictions to include race on their voter registration forms, it may 
be that information on registrants broken down by race is used both 
``as a sword and a shield'' in certain instances to help the states 
administer and enforce the Voting Rights Act. It should be noted, 
however, that one covered jurisdiction employs Census Bureau figures 
for this purpose. In addition, one of the express findings in the NVRA 
was that, ``discriminatory and unfair registration laws and procedures 
can have a direct and damaging effect on voter participation in 
elections for Federal office and can disproportionately harm voter 
participation by various groups, including racial minorities.'' 42 
U.S.C. 1973gg(a)(3). Moreover, the NVRA specifically cautions that its 
implementation is to be consistent with the Voting Rights Act of 1965 
and that the NVRA does not authorize or require conduct that is 
prohibited by that Act. 42 U.S.C. 1973gg-9(d).
    Arguments advanced by commenters in favor of requiring race/
ethnicity included: it is necessary to monitor the effectiveness of 
registration efforts under the Act; it is necessary to comply with the 
intent of the NVRA to eliminate the barriers to equal voter 
registration; it is essential for full enforcement of the NVRA anti-
discrimination provisions concerning confirmation mailings; it would 
provide a statistical basis for administering or enforcing the Voting 
Rights Act; it is necessary under the U.S. Constitution to determine 
whether a jurisdiction unconstitutionally discriminates on the basis of 
race; and, it would serve as a guide to determine minority 
representation of pollworkers. Furthermore, if race/ethnicity data is 
not included on the form, incomplete and inconclusive data on race/
ethnicity would result for those jurisdictions that currently collect 
such data.
    On the other hand, arguments presented against requiring race/
ethnicity included: it is not necessary to comply with the intent of 
the NVRA; it is not essential for voter registration purposes; it may 
be viewed by potential applicants as personally offensive, an invasion 
on privacy, or as intimidating; and, it could lead to an application 
being rejected because the applicant failed to indicate his or her 
race.
    Some of the comments suggested alternatives to an all or nothing 
inclusion or exclusion proposal. For example, one commenter suggested 
that race/ethnicity data be included on the form as an optional item 
only (similar to applicants optionally providing telephone numbers). 
Another suggestion was that racial data be included on the form only 
for states that currently require it by state law. A third suggestion 
was that racial data be included on the form only for those states that 
are specially covered by the Voting Rights Act (similar to the party 
preference requirement only for closed primary states). Finally, 
another suggestion was to exclude the data element from the national 
form, but to require or request applicants to indicate race/ethnicity 
on the confirmation notices required under the Act.
    In light of the Voting Rights Act, the conflicting state 
requirements, the suggested alternatives, and the arguments presented 
on both sides, the Commission seeks further comments from states and 
other interested parties on whether race/ethnicity meets the 
``necessary threshold'' required by the Act to assess eligibility or to 
administer voter registration, and whether to include race/ethnicity as 
a data element on the form in the final rules.
B. Gender
    Whether to request or require gender as an information item is 
another matter still under consideration. Forty-four respondents to the 
state survey declared gender to be unnecessary information while two 
more found it to be merely desirable. Its primary utility appears to be 
in generating statistics. Furthermore, gender is not an eligibility 
requirement in any state and it is seldom necessary for distinguishing 
between voters (since date of birth and/or identification numbers can 
accomplish this as readily). The Commission welcomes further comment on 
whether to include or exclude this data element on the form in the 
final rules.

III. Proposed Items To Be Excluded From the Form

    For the reasons given, the Commission is proposing that the 
following items be excluded from the national mail voter registration 
form because they do not appear to meet the ``necessary threshold'' of 
the NVRA to assess the eligibility of the applicant or to administer 
voter registration or other parts of the election process. The 
Commission will consider all the comments it receives in issuing the 
final rules, and welcomes further comments on the following data 
elements.
A. Information Regarding Naturalization
    Respondents to the state survey were evenly divided on the 
necessity or desirability of requiring naturalization information, 
while 5 commenters on the ANPRM advocated including it. The issue of 
U.S. citizenship appears to be best addressed within the oath required 
by the Act, and signed by the applicant under penalty of perjury as 
previously proposed. The basis of citizenship, whether it be by birth 
or by naturalization, is irrelevant to the citizen's eligibility. 
Therefore, the Commission proposes not to request or require such 
information on the national form.
B. Place of Birth
    Eleven commenters on the ANPRM advocated requiring place of birth 
as an information item on the national voter registration application 
(with 1 opposed and 2 dissenting in favor of a state voter 
identification number). At the same time, 33 respondents to the state 
survey found place of birth to be necessary or desirable (with 15 
finding it unnecessary). The Commission nevertheless proposes not to 
request or require place of birth.
    The chief argument advanced for including place of birth is that it 
might serve as a means of distinguishing between applicants of the same 
name and date of birth. However, requiring this information has the 
potential for inviting unequal scrutiny of applications from citizens 
born outside the U.S. Given the potentially chilling effect of 
including this item, the Commission proposes to exclude it from the 
form. Moreover, the administrative purpose of distinguishing between 
applicants can be as effectively accomplished by employing a voter 
identification number such as: the full social security number in 
states that can require it; the last four digits of the social security 
number in states that cannot require the full number; the state 
driver's license or identification number; or another voter 
identification number decided on by the state. Indeed, the fact that 17 
states currently function without requiring place of birth draws into 
question its necessity.
C. Occupation
    Only 5 survey respondents declared occupation to be a necessary or 
desirable information item while 43 survey respondents and 1 commenter 
on the ANPRM declared it to be unnecessary. The only use advanced for 
this datum would be for the purposes of voter identification at the 
polls. Because there is no mutually exclusive list of occupations, 
individuals may have more than one occupation at a time, occupations 
may be readily changed, and this information is not essential for voter 
identification, the Commission therefore proposes not to include it on 
the national voter registration form.
D. Specific Information Regarding Criminal Conviction or Mental 
Incapacity
    The Act specifically requires that the national voter registration 
form contain a statement that ``specifies each eligibility requirement 
(including citizenship)'' and ``contains an attestation that the 
applicant meets each such requirement.'' 42 U.S.C. 1973GG-7(b)(2) (A) 
and (B). Yet voter eligibility requirements vary considerably among the 
states especially with regard to both criminal conviction and mental 
incapacity.
    Some states, for example, disenfranchise all persons convicted of 
any felony. Other states disenfranchise only persons convicted of 
certain types of crimes (e.g. election crimes). Some states 
disenfranchise felons for the entire period of their sentence while 
others disenfranchise only incarcerated felons, or felons incarcerated 
or on parole but not those on probation.
    State voter eligibility requirements regarding mental incapacity 
also vary, with some providing very specific definitions and categories 
and others not.
    In order to accommodate the different sets of eligibility 
requirements without burdening the application form with them, the 
Commission proposes, as noted previously, to list the specific voter 
eligibility requirements for each state in a booklet containing a set 
of instructions to accompany the application. The form would direct an 
applicant to the state voter eligibility list in the booklet. The oath, 
attesting that the applicant meets the eligibility requirements of the 
state including those regarding criminal conviction or mental 
incapacity, would be signed by the applicant, and thus incorporate by 
reference all eligibility requirements for each of the applicable 
states. Therefore, because the oath appears to be sufficient to 
determine voter eligibility, the Commission proposes that a separate 
item requiring specific criminal conviction or mental incapacity 
information would be unnecessary.
E. Height, Weight, Hair and Eye Color, or Other Physical 
Characteristics
    The majority of respondents to the state survey find no value in 
requiring height, weight, hair and eye color, or other physical 
characteristics on the voter registration form. Only a handful, along 
with 1 commenter on the ANPRM found it necessary or desirable.
    It appears that the only purpose for requiring or requesting 
information regarding personal characteristics is for voter 
identification at the polls, and there is little evidence that it has 
ever in fact been used for that purpose. Moreover, the Commission notes 
that, as with occupation, many personal characteristics are variable, 
most notably weight and hair color but also, to some extent, height and 
eye color. Because such information appears to be of negligible value 
in voter identification, and therefore not ``necessary'', the 
Commission proposes not to require or request it on the national voter 
registration form.
F. Marital Status
    No state considers marital status to be a necessary item of 
information. The Commission therefore proposes not to require or 
request marital status on the national voter registration form.
G. Other Names
    This section deals with other names such as maiden name, spouse's 
name, father's name, mother's maiden name, and prior legal name. Only 7 
states currently require any other name on their voter registration 
form, presumably for the purposes of voter identification or for 
capturing changes of name.
    The Commission notes that many applicants might find such items to 
be offensive or intrusive on their privacy. Moreover, because the 
proposed national form would serve as a notice of change of name, that 
important purpose is achieved in the individual cases where it is 
relevant. See, proposed section 8.4(a)(1). As discussed previously, 
other less intrusive means are proposed for distinguishing between 
applicants. The Commission therefore proposes not to require or request 
any other names on the national voter registration form.
H. Miscellaneous Items
    Several comments on the ANPRM addressed whether to include 
miscellaneous items such as language preference, the need for 
assistance by persons with disabilities, and the willingness to serve 
as a pollworker.
    Three commenters on the ANPRM advocated including such 
miscellaneous information items on the voter registration form in order 
to provide useful information and to facilitate administering other 
aspects of the election process. Four commenters opposed the inclusion 
of such information because it would unnecessarily complicate the form 
and is not essential.
    The Commission is aware of the concerns of language minority 
groups, as well as the language minority requirements of the Voting 
Rights Act specified in 42 U.S.C. 1973aa-1a and 1973b(f)(4). Indeed, 
the Commission is hoping to develop separate versions of the national 
voter registration form by translating the form into each of the 
written languages covered by the Voting Rights Act, to the extent 
technically possible in a side by side format with the English version.
    The Commission is also aware of the needs of persons with 
disabilities and the requirements of both the Voting Accessibility for 
the Elderly and Handicapped Act of 1984 and the Americans with 
Disabilities Act. 42 U.S.C. 1973ee, 42 U.S.C. 12101 et seq. For 
example, the Commission proposes below to develop the national voter 
registration form in the largest practicable type size in order to 
accommodate applicants with vision impairments.
    Further, the Commission realizes that local election officials face 
a challenge due to the dwindling pool of potential pool workers.
    However, alternative means exist for eliciting these miscellaneous 
items of information without burdening the voter registration form with 
them. States and localities might, for example, want to consider using 
a detachable return postcard seeking this information on the 
acknowledgment notice required by the Act in response to voter 
applications.
    Because such information is not, then, necessary in the act of 
applying to register, the Commission proposes not to require or request 
any such miscellaneous information on the national voter registration 
form.

IV. Format

A. Layout

    With regard to format, the Commission considered in the ANPRM 
whether the layout of the form should be a single sheet or a booklet. 
The booklet would include a tear out application portion and 
accompanying instructions. The Commission is proposing this latter 
approach, in proposed sections 8.3 and 8.5, because it appears to be 
the best way to accommodate the information requirements under the 
NVRA, different state requirements, and other goals for the form. Under 
this approach, the Commission considers the ``form'' to include both 
the application portion and the accompanying instructions. The 
Commission welcomes comments on this approach.

B. Size, Weight, and Color of the Form

    The Commission proposes in section 8.5(a) to capture all of the 
required data elements on a single 5" x 8" application card of 
sufficient stock and weight to satisfy postal regulations and standard 
filing requirements. The application card would be attached by a 
perforated fold to another 5" x 8" card containing requests for such 
ancillary information, where applicable, as previous address, previous 
name, previous political party affiliation, and a locational map space. 
Under proposed section 8.5(b)(1), applicants would be able to seal the 
completed application by removing a strip covering a pre-glued area 
along the bottom of the form, folding the form at the center 
perforation, and attaching the pre-glued area to the top of the form. 
Registrars would be able to remove the sealing strip portion (which 
itself would be perforated) and either remove the ancillary portion or 
else fold it back and file it along with the application.

    The Commission is proposing in section 8.5(b)(2) that the 
``outside'' of the application contain address lines. The address of 
each state registration official would be provided in the accompanying 
instructions. Applicants would be directed to affix first class 
postage, and appropriate postal indicia would be preprinted 
accordingly.

    In order to accommodate optical scanning capabilities, proposed 
section 8.5(c) would require ink and paper colors of sufficient 
contrast for that purpose, to minimize the volume of preprinted 
material on the application without sacrificing clarity to the 
applicant, and to designate a signature field rather than a signature 
line for the applicant's signature or mark.
    A number of commenters on the ANPRM expressed concern about their 
need to add additional information to the application such as precinct 
and legislative districts. Accordingly, the Commission proposes in 
section 8.5(b)(4) to provide space where practicable, and on both sides 
of the application, blank boxes labeled ``For Official Use Only.''
C. Type Size
    In order to accommodate applicants with vision impairments, 
proposed section 8.5(e) would require that the form employ the largest 
practicable sans serif type size.
D. Bilingual Requirements
    Jurisdictions covered by the NVRA must provide forms which meet the 
requirements of the Voting Rights Act of 1965 to eliminate language 
barriers. 42 U.S.C. 1973aa-1(a). In order to accommodate the concerns 
of several commenters on the ANPRM regarding the needs of language 
minority groups and the language minority requirements of the Voting 
Rights Act, the Commission hopes to develop separate versions of the 
form in each of the written languages covered by that Act, to the 
extent technically possible in a side by side format with the English 
version.
E. Additional Concerns
    Pursuant to the Act's requirement that the form specify ``each 
eligibility requirement'' of each state (42 U.S.C. 1973gg-7(b)(2)(A)), 
proposed section 8.6(a) would require the chief election official of 
each state responsible for coordinating activities under the NVRA to 
certify to the Commission each voter eligibility requirement of the 
state, including the standard deadline for submitting applications 
(with State Constitutional or statutory citations), within 30 days 
after the promulgation of the Final Rule. Under proposed section 
8.6(b), the election official must also provide the Commission with 
notice of any change thereafter to such eligibility requirements or 
dates within 30 days of the change. The Commission also proposes in 
section 8.6(c) to require, from officials in states requiring or 
requesting the applicant's full social security number, the state's 
privacy statement required under the Privacy Act of 1974. 5 U.S.C. 552a 
note.
    In addition, the Commission is considering ways to keep printing 
and production costs at a minimum while maintaining printing quality 
control. To help achieve these goals, the Commission proposes to have a 
modest number of each version of the form printed at the Government 
Printing Office. This would make the form a government document, 
available for sale through the Government Printing Office, and would 
offer the States and other interested groups an opportunity to ``ride'' 
the print order for as many copies as they feel necessary and to 
reorder as needed. The Commission feels that such an approach would 
substantially reduce costs and provide an avenue for obtaining large 
quantities of the booklet.

Recordkeeping and Reporting Requirements

    Under 42 U.S.C. 1973gg-7(a)(3), the Commission is required to 
submit to the Congress not later than June 30 of each odd-numbered year 
a report assessing the impact of the NVRA on the administration of 
elections for federal office during the preceding 2 year period. The 
report must also include recommendations for improvements in federal 
and state forms, procedures, and other matters affected by the Act. The 
Commission is granted regulatory authority to prescribe, in 
consultation with the chief election officials of the states, such 
regulations as are necessary to implement this reporting requirement. 
42 U.S.C. 1973gg-7(a)(1).
    The Commission welcomes comment on how best to implement this 
responsibility while maintaining confidentiality and privacy rights of 
individuals and not unduly burdening the states and other reporting 
entities. In order to produce a document that is both useful and 
comprehensive, the Commission anticipates that it will need several 
different types of data. For some of this data (such as total voting 
age population by state and demographic figures on reported voter 
registration), the Commission will use figures produced by the Bureau 
of Census. For the data elements identified below, however, the 
Commission will require the chief election official of each state 
responsible for coordinating activities under the NVRA to report to the 
Commission.
    The proposed rules in new section 8.7(a) would require each state's 
chief election official responsible for coordinating activities under 
the NVRA to report to the FEC, on a form provided by the Commission, 
the information identified below no later than March 31 of each odd-
numbered year (the year following each regularly scheduled general 
election for federal office, hereafter referred to as ``federal general 
election'') beginning March 31, 1995.

I. Contents of the Report

    For the reasons given, the Commission invites comments on whether 
the following information items should be considered necessary to 
assessing the impact of the NVRA on the administration of elections for 
federal office.
A. The Total Number of Voters Registered Statewide (Both as ``Active'' 
and as ``Inactive'') in the Federal General Election Two Years Prior to 
the Most Recent Federal General Election
    The Commission believes that in order to assess the impact of the 
NVRA between each two federal general elections, it is essential to 
obtain as a baseline the total number of registrants statewide (both 
``active'' and ``inactive'' if the state makes such a distinction) in 
the federal general election prior to the one just preceding the 
reporting date. For example, for the 1999 report, the number would be 
the number of voters registered in the November 1996 election.
    The Commission therefore proposes in section 8.7(b)(1) to require 
this information on each state report. It further proposes to convey 
the number of active registrants to the Congress not only in numbers, 
but also, based on Census figures, as a percentage of voting age 
population in each state.
    According to the NVRA legislative history, states may designate 
registrants, under certain circumstances, as ``inactive''. Throughout 
the following discussion, the term ``active'' refers to all registered 
voters except those who have received and not responded to the 
confirmation mailing sent in accordance with 42 U.S.C. 1973gg-6(d) and 
not offered to vote. See, proposed section 8.2(c). The term 
``inactive'' refers to registrants who have neither responded to the 
confirmation mailing nor offered to vote. See, proposed section 8.2(d). 
For purposes of reporting under these rules, if a state does 
distinguish between ``active'' and ``inactive'' registrants, then the 
state shall also report the number of each.
B. The Total Number of Voters Registered Statewide (Both as ``Active'' 
and as ``Inactive'') in the Most Recent Federal General Election
    In order to determine the overall increase or decrease in voter 
registration between federal general elections, proposed section 
8.7(b)(2) would require from each state the total number of voters 
registered in the most recent federal general election and the number 
of ``active'' and ``inactive'' registrants if the state makes such a 
distinction.
C. The Total Number of New Valid Registrations Statewide Between the 
Past Two Federal General Elections
    Because changes in total voter registration figures between federal 
general elections result from additions to the list as well as 
deletions from the list, the Commission proposes in section 8.7(b)(3) 
to require of each state the total number of new valid registrations 
between the date of the most recent federal election and the one prior 
to the most recent (ruling out any duplicate or rejected applications).
D. If the State Distinguished Between ``Inactive'' and ``Active'' 
Voters, the Total Number of Registrants Statewide That Were Designated 
``Inactive'' Between the Past Two Federal General Elections and Were 
Still Designated ``Inactive'' After the Past Federal General Election
    In order to maintain consistency in the numbers of registrants 
reported, proposed section 8.7(b)(4) would require from those states 
who adopt the practice of distinguishing between ``active'' and 
``inactive'', the number of registrants designated as ``inactive'' 
between the most recent federal general election and the one prior to 
that and who remained ``inactive'' after the most recent federal 
general election (thus ruling out registrants that were designated 
``inactive'' but were restored to ``active'' status by reason of 
returning a confirmation notice or voting).
    Confirmation notices must be mailed to ensure the maintenance of 
accurate and current voter registration rolls for election to Federal 
office according to 42 U.S.C. 1973gg-6(b). Therefore, the proposed 
information should be readily obtained by state election officials, 
since the Act specifically requires registration officials to maintain 
records for at least 2 years regarding confirmation notices mailed out 
as well as the responses to such notices (42 U.S.C. 1973gg-6(i)(2)), 
and because the number of registrants designated as ``inactive'' is 
merely the number of persons who have neither responded to the 
confirmation notices nor subsequently voted.
E. The Total Number of Registrations Statewide That Were, for Whatever 
Reason, Deleted From the Registration List Between the Past Two Federal 
General Elections
    Because changes in total voter registration figures between federal 
general elections result from deletions from the list as well as from 
additions to it, the Commission proposes in section 8.7(b)(5) to 
require of each state the total number of registrations (both 
``active'' and ``inactive'' if the state makes such a distinction) that 
were, for whatever reason, deleted from the registration list between 
the past two federal general elections.
F. The Total Number of Registration Applications Statewide That, 
Between the Past Two Federal General Elections, Were Received or 
Generated by Collectively: (1) All Motor Vehicle Offices; (2) Mail; (3) 
All Public Assistance Agencies That Are Mandated as Registration Sites 
Under the NVRA; (4) All State Funded Agencies Primarily Serving Persons 
With Disabilities; (5) All Armed Forces Recruitment Offices; (6) All 
Other Agencies Designated by the State; and (7) All Other Means 
(Including In-Person, Deputy Registrars, Organized Voter Registration 
Drives Delivering Forms Directly to Registrars, etc.)
    A principal objective of the NVRA is to expand the number and range 
of locations where eligible citizens may obtain and complete a voter 
registration application. Accordingly, the Commission believes that any 
assessment of the impact of the NVRA should include an indication of 
the level of voter registration activity at the various categories of 
locations (as distinct from individual agencies or offices). Under 
proposed section 8.7(b)(6), information regarding the number of 
registration applications received from or generated by the various 
categories of locations identified above would be required to be 
reported. It is important to note that the Commission seeks the total 
number of applications (regardless of whether they are valid, rejected, 
duplicative, or address changes) since these numbers will reflect the 
overall level of registration activity at various types of sites. 
Issues of how to categorize certain applications (such as those that 
are obtained by the applicant from a public assistance agency or from 
an organized registration drive but are mailed in by the applicant) are 
not as important as assuring that the method of categorization is 
consistent throughout the State and over time.
G. The Total Number of Redundant or ``Duplicate'' Registration 
Applications Statewide That, Between the Past Two Federal General 
Elections, Were Received From or Generated by Collectively: (1) All 
Motor Vehicle Offices; (2) Mail; (3) All Public Assistance Agencies 
That Are Mandated as Registration Sites Under the NVRA; (4) All State 
Funded Agencies Primarily Serving Persons With Disabilities; (5) All 
Armed Forces Recruitment Offices; (6) All Other Agencies Designated by 
the State; and (7) All Other Means (Including In-Person, Deputy 
Registrars, Organized Voter Registration Drives Delivering Forms 
Directly to Registrars, etc.)
    The Commission believes that it is important to gauge the level of 
unfruitful voter registration activity at both the categories of 
registration sites and by voter registrars. In order to do so, the 
Commission proposes in section 8.7(b)(7) requiring the number of 
redundant or duplicate registration applications received from each 
category of registration site identified above. A ``duplicate 
registration application'' is an offer to register by a person already 
registered to vote within the same jurisdiction. See, proposed section 
8.2(e). Collecting such information might lead to better registration 
site selection or may indicate the need for improved voter information 
regarding the absence of the need to reapply if one is already 
registered and has not changed address.
H. The Statewide Number of Confirmation Notices Mailed Out Between the 
Past Two Federal General Elections and the Statewide Number of 
Responses Received to These Notices During That Same Period
    The Act requires that registrars mail out confirmation notices to 
certain types of registrants. 42 U.S.C. 1973gg-6(d)(2). The Act further 
requires that States maintain records of all such mailings along with 
information concerning whether each recipient has responded to the 
notice. 42 U.S.C. 1973gg-6(i)(2). The Commission notes that such 
information is important in assessing the impact of the NVRA and that, 
in States which do not distinguish between ``active'' and ``inactive'' 
registrants, such numbers are essential to adjusting overall 
registration figures. The Commission, therefore, proposes in section 
8.7(b)(8) to require that such information be reported.
I. The Postal Costs Incurred Statewide Between the Past Two Federal 
General Elections for All Mailings Required Under the NVRA
    The Act requires at least five types of mailings to be paid for by 
the registrar's office: A notice to each applicant of the disposition 
of the registration application (42 U.S.C. 1973gg-6(a)(2)); a 
forwardable mailing to registrants who, according to Postal Service 
information, have changed address within the registrar's jurisdiction 
(42 U.S.C. 1973gg-6(c)(1)(B)(i)); a postage prepaid, pre-addressed 
return form by which registrants who may have moved within the same 
jurisdiction may verify or correct their address information (42 U.S.C. 
1973gg-6(c)(1)(B)(i)); a forwardable confirmation mailing to 
registrants who may have moved outside the registrar's jurisdiction (42 
U.S.C. 1973gg-6(d)(2)); and a prepaid, pre-addressed return card 
whereby registrants who may have moved outside the jurisdiction may 
state their current address (42 U.S.C. 1973gg-6(d)(2)). In addition to 
these required mailings, and depending on the specific procedures 
adopted by each state, the Act may also entail the costs of employing 
the Postal Service's National Change of Address (``NCOA'') program or 
(in lieu of using the NCOA) a direct, return-if-undeliverable, address-
correction-requested mailing to some or all of the voter registration 
list.
    The Commission believes that, in order to gauge the impact of the 
NVRA on the administration of federal elections, it is important to 
require reporting of the postal costs incurred statewide for each of 
these items. Proposed section 8.7(b)(9) would require such reporting.
J. In the State's First Report, a Brief Narrative Description of the 
State's Implementation of the NVRA; and in Subsequent State Reports, 
any Significant Changes to the Program
    Because the Act provides the states a number of options in 
complying with the NVRA, the Commission believes that an overall 
description on how each state has initially gone about implementing the 
Act is essential to assessing its impact. In order to ease this burden, 
and in order to enhance comparability across states, the Commission 
proposes in section 8.7(b)(10) to provide, on the FEC reporting form, a 
series of questions with categorical responses requiring the state to 
indicate the options or procedures the state has selected in 
implementing the NVRA. By the same token, and in the same manner, the 
Commission proposes to inquire in all subsequent reports about any 
significant changes in each state's program.
K. Problems Encountered
    The Commission notes that no report on the impact of the NVRA would 
be complete without identifying the types of problems encountered in 
its implementation and operation. Accordingly, under proposed section 
8.7(b)(11), an area on the reporting form would be provided for states 
to identify any problems they have encountered along with the measures 
they have taken to address any such problems.

II. Items Not To Be Reported

    Although a few commenters on the ANPRM suggested them, the 
Commission, for the reasons given, proposes not to request reporting of 
the following items:
A. Any Numbers or Other Information Regarding Registration Applications 
From Specific Offices or Agencies Designated as Registration Sites 
Under the NVRA
    Although, as noted previously, the Commission proposes to require 
the numbers of applications from categories of registration sites 
designated under the NVRA, the Commission believes that the required 
reporting of information regarding specific offices or agencies would 
place an undue burden on local registration offices and could undermine 
the confidentiality requirements of the Act (which prohibits public 
disclosure of information regarding the specific public assistance 
agency or motor vehicle office through which any individual registered) 
with respect to applications from specific motor vehicle offices (42 
U.S.C. 1973gg-3(c)(2)(D)(iii)) and from specific public assistance 
agencies (42 U.S.C. 1973gg-6(i)(1)). At the same time, however, states 
may for their own purposes wish to code their registration applications 
in such a manner as to be able, under certain circumstances, to 
identify originating offices or agencies. Although such information 
might be valuable to states in assessing the accuracy and efficiency of 
their individual intake sites, the Commission proposes not to require 
the reporting of such information.
B. The Number of Declinations Filed at Agencies or Motor Vehicle 
Offices
    The Act requires that applicants at public assistance agencies be 
provided a form on which they may decline in writing to register to 
vote and permits, though does not require, such a procedure in motor 
vehicle offices. 42 U.S.C. 1973gg-5(a)(6)(B). There are any number of 
reasons why a person may decline to register to vote, not the least of 
them being that the person is already registered. Moreover, the same 
person may decline to register several times during the same two year 
period at different agencies or even at the same agency. Retaining 
records on the number of declinations will therefore not be likely to 
yield any statistically useful information. The Commission also wishes 
to avoid discouraging agencies from participating in voter registration 
activities by imposing on them burdensome reporting responsibilities.
    At the same time, however, states must retain declination documents 
for 22 months. 42 U.S.C. 1974 et seq. Although states may want to 
ensure that such declinations are retained in such a manner as to be 
able to identify originating offices or agencies, the Commission 
proposes not to request the number of declinations.
C. The Number of Persons Voting Under the ``Fail-Safe'' Provisions of 
the NVRA
    The Act permits some registrants, under very specific 
circumstances, to vote on election day by affirming their residence. In 
doing so, it grants states considerable latitude in how to administer 
such a process. Some procedures may generate statistics more readily 
than others. Moreover, such cases may be difficult to distinguish from 
other cases whereby, under state law, voters may already be permitted 
to cast a provisional ballot. The Commission therefore proposes that 
the burden on state and local registration offices of counting the 
number of persons voting under the ``fail-safe'' provisions of the Act 
outweighs whatever value such information might have in assessing the 
impact of the NVRA.
D. The Number of Persons Newly Registered Between the Past Two Federal 
General Elections Who Voted in the Past Federal General Election
    The overall purpose of the NVRA is to increase the opportunity of 
citizens to register to vote. The information the Commission is 
proposing to be reported is designed to gauge the effect of the Act in 
increasing voter registration. Whether or not registered persons 
subsequently vote, however, is a separate matter driven by a multitude 
of variables outside the Act. Moreover, levels of voter participation 
can be ascertained by other means. Both because state and local 
election offices do not routinely gather information on the subsequent 
voting of specific groups of registrants and the burden such a data 
collection effort would impose, the Commission proposes not to require 
such information to be reported.
E. The Implementation or Operating Costs, Other Than the Postal Costs, 
of the NVRA
    Based on some comments to the ANPRM, the Commission recognizes that 
a number of people will want to know the implementation and operating 
costs of the NVRA. For a number of very practical reasons, however, the 
Commission proposes not to seek such data other than postal costs as 
previously proposed.
    The first of these reasons is that the states approach the NVRA 
from different starting points. Some already have motor voter, mail, or 
agency voter registration programs in progress while others operate 
none of these. It seems reasonable to imagine that the costs of newly 
implementing any of these programs will entail an up-front expenditure 
which could not be compared to any new costs incurred by states that 
already administer some or all of the programs.
    The second reason is that states vary considerably in their degrees 
of computerization in election offices as well as in motor vehicle and 
public assistance agencies. Computerization at both the state and local 
levels will result in apparent reduced operating costs in states that 
already employ such technology.
    The third reason is that, in recognition of the differences among 
state election laws and procedures, the Act provides the states a wide 
variety of options in implementing many of its provisions. Since 
different implementation strategies are likely to incur different kinds 
of costs, comparisons and even total cost figures would be misleading.
    Finally, it is the experience of this Commission in conducting 
previous research on election costs, that few local election offices 
are able to isolate their election related costs from the costs of 
other non-election-related office activities. Fewer still are able to 
isolate registration-related costs from other election costs, and very 
few indeed would be able to isolate NVRA-related costs from other 
registration costs. Moreover, cost accounting systems vary widely not 
only from state to state but also from locality to locality within 
states.
    Because ascertaining the implementation and operating costs of the 
NVRA would require imposing on election offices nationwide a uniform 
and burdensome accounting system, the Commission proposes to limit cost 
data to the more uniform, comparable, and readily obtained item of 
postal costs. However, this proposal would not preclude states from 
voluntarily reporting other costs, e.g. in the Problems Encountered 
section of the report.

List of Subjects--11 CFR Part 8

    National Voter Registration Act.

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

    The attached proposed rules would not, if promulgated, have a 
significant economic impact on a substantial number of small entities. 
The basis for this certification is that few, if any, small entities 
would be affected by these rules.
    For the reasons set out in the preamble, it is proposed to add a 
new part 8 to Chapter I of Title 11 of the Code of Federal Regulations 
as follows:

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

Subpart A--General Provisions

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

Subpart B--Mail Voter Registration Form

Sec.
8.3  General information.
8.4  Contents (42 U.S.C. 1973gg-7(a) and (b)).
8.5  Format (42 U.S.C. 1973gg-7(a)).
8.6  Chief State Election Official (42 U.S.C. 1973gg-7(a) and 
1973gg-8)

Subpart C--Recordkeeping and Reporting

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

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

Subpart A--General Provisions


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

    These regulations implement the responsibilities delegated to the 
Commission under section 9 of the National Voter Registration Act of 
1993, Public Law 103-31, 97 Stat. 77, 42 U.S.C. 1973gg-1 et seq. 
(``NVRA''). They describe the format and contents of the national mail 
voter registration form and the information that will be required from 
the states for inclusion in the Commission's biennial report to 
Congress.


Sec. 8.2  Definitions.

    As used in this part:
    (a) Form means the national mail voter registration application 
form which includes the registration application and accompanying 
booklet.
    (b) Chief State Election Official means the designated chief state 
officer or employee responsible for the coordination of state 
responsibilities under the NVRA.
    (c) Active voters means all registered voters except those who have 
received and not responded to a confirmation mailing sent in accordance 
with 42 U.S.C. 1973gg-6(d) and not offered to vote.
    (d) Inactive voters means registrants who have received and not 
responded to a confirmation mailing sent in accordance with 42 U.S.C. 
1973gg-6(d) and not offered to vote.
    (e) Duplicate registration application means an offer to register 
by a person already registered to vote within the same jurisdiction.

Subpart B--Mail Voter Registration Form


Sec. 8.3  General Information.

    The mail voter registration form shall consist of two components: a 
tear-gas application, which shall contain appropriate spaces for the 
applicant to provide all of the information required under 11 CFR 
8.4(a); and an accompanying booklet, which shall contain instructions 
for completing the application arranged by state, the state election 
officials' addresses and telephone numbers, and information regarding 
each state's voter registration requirements as described in 11 CFR 
8.4(b)(1).


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

    (a) Information about the applicant. The mail voter registration 
form shall provide appropriate spaces for the following information 
from each applicant:
    (1) Whether the application is a new registration application, 
change of address, change of name, or change of party affiliation.
    (i) If the application is a new application or change of address, 
the form shall instruct the applicant to complete item A on the 
detachable portion of the application indicating the address from which 
the applicant was previously registered.
    (ii) If the application is for a change of name or a change of 
party, the form shall instruct the applicant to complete item B on the 
detachable portion of the application indicating the applicant's former 
name or party affiliation.
    (2) The applicant's:
    (i) Last, first, and middle name and any suffix;
    (ii) Address where the applicant lives including: street number; 
street name; apartment or unit number; city, town, or village name; 
state; and zip code, with instructions not to use a post office box or 
rural route number;
    (iii) Mailing address if different from the address where the 
applicant lives, such as a post office box, rural route number, or 
other street address; city, town, or village name; state; and zip code;
    (iv) Month, day, and year of birth;
    (v) Telephone number as an optional item for the applicant to 
provide; and
    (vi) Political party preference, for applicants whose states 
require a statement of political party preference as a necessary 
precondition for voting in primary elections (``closed primary 
state'').
    (A) The application shall include instructions telling applicants 
to consult the accompanying booklet to determine if the applicant's 
state is a closed primary state and to obtain the telephone number of 
the state election official for information on the qualified parties of 
the applicant's state.
    (B) The application shall also include a warning that if the 
applicant is registering in a closed primary state, failure to indicate 
a political party preference will prevent the applicant from voting in 
partisan races in primary elections.
    (C) The booklet shall list whether a state is a closed primary 
state and include the telephone number of the state election official. 
The booklet shall also list ``unaffiliated'' as a political party 
preference option.
    (3) A voter identification number as required or requested by the 
applicant's state of residence.
    (i) The application shall include instructions for the applicant to 
consult the accompanying booklet to determine what type of voter 
identification number the state requires or requests.
    (ii) The booklet shall include what type of voter identification 
number, if any, is required or requested by each state.
    (iii) For each state using the applicant's full social security 
number as its voter identification number, the state's Privacy Act 
notice provided in accordance with 11 CFR 8.6(c), shall be reprinted in 
the booklet.
    (b) Required information. (42 U.S.C. 1973gg-7(b)(2) and (4)). The 
form shall also include a statement that:
    (1) Specifies each eligibility requirement (including citizenship). 
The application shall list U.S. Citizenship as an eligibility 
requirement and include a statement, through incorporation by 
reference, of each state's eligibility requirements (including any 
special pledges) and shall instruct the applicant to consult the 
booklet to determine what his or her state requirements are;
    (2) Informs applicants of the penalties provided by law for 
submitting false voter registration applications;
    (3) Contains an attestation that the applicant has read both the 
form and the accompanying booklet and, to the best of his or her 
knowledge and belief, meets each of his or her state's eligibility 
requirements;
    (4) Requires the signature of the applicant, under penalty of 
perjury, and the date of the applicant's signature;
    (5) If the applicant is unable to sign the application without 
assistance, the name, address, and telephone number of the person who 
assisted the applicant in completing the form;
    (6) If an applicant declines to register to vote, a statement of 
the fact that the applicant has declined to register will remain 
confidential and will be used only for voter registration purposes; and
    (7) If an applicant does register to vote, the office at which the 
applicant submits a voter registration application will remain 
confidential and will be used only for voter registration purposes.


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

    (a) Size. The form shall consist of a 5'' by 8'' application card 
of sufficient stock and weight to satisfy postal regulations and 
standard filing requirements. The application card shall be attached by 
a perforated fold to another 5'' by 8'' card containing space for items 
A and B, in accordance with 11 CFR 8.4(a)(1).
    (b) Layout. (1) The form shall be sealable.
    (2) The ``outside'' of the form shall contain an appropriate number 
of address lines.
    (3) The detachable portion of the application shall contain space 
to permit applicants from rural districts to draw a locational map 
showing their place of residence and to indicate, where applicable, a 
former address, former name, or former party preference.
    (4) Both sides of the application card shall contain space 
designated ``For Official Use Only.''
    (c) Color. The form shall be of ink and paper colors of sufficient 
contrast to permit for optical scanning capabilities.
    (d) Signature field. The form shall contain a signature field in 
lieu of a signature line.
    (e) Type size. (1) All print on the form shall be of the largest 
practicable sans serif type size.
    (2) The requirements on the form specified in 11 CFR 8.4(b) (1), 
(6), and (7) shall be in print identical to that used in the 
attestation portion of the application required by 11 CFR 8.4(b)(3).


Sec. 8.6  Chief State Election Official (42 U.S.C. 1973gg-7(a) and 
1973gg-8).

    (a) Each chief state election official shall certify to the 
Commission within 30 days after the promulgation of these rules:
    (1) Each voter registration eligibility requirement of the state 
and its corresponding State Constitution or Statutory citation; and
    (2) The State's deadline for submitting voter registration 
applications.
    (b) Each chief state election official shall notify the Federal 
Election Commission, in writing, within 30 days of any change to the 
State's voter registration eligibility requirements.
    (c) If the state, in accordance with 11 CFR 8.4(a)(3), requires or 
requests the applicant's full social security number, the chief state 
election official shall provide the Commission with the text of the 
state's privacy statement required under the Privacy Act of 1974. (5 
U.S.C. 552a note).

Subpart C--Recordkeeping and Reporting


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

    (a) The chief state election official is responsible for filing the 
information required under this section with the Commission by March 31 
of each odd-numbered year beginning March 31, 1995. Reports must be 
mailed to: National Clearinghouse on Election Administration, Federal 
Election Commission, 999 E Street, NW., Washington, DC 20463. The data 
to be reported in accordance with this section shall consist of 
applications or responses received up to and including the date of the 
federal general election.
    (b) The report required under this section shall include:
    (1) The total number of voters registered statewide, including 
``active'' and ``inactive'' voters if that information is maintained by 
the state, in the federal general election two years prior to the most 
recent federal general election;
    (2) The total number of voters registered statewide, including 
``active'' and ``inactive'' voters if that distinction is made by the 
state, in the most recent federal election;
    (3) The total number of new valid registrations statewide between 
the past two federal general elections, less any duplicate or rejected 
applications;
    (4) If the state distinguishes between ``inactive'' and ``active'' 
voters, the total number of registrants statewide that were designated 
``inactive'' between the past two federal general elections and were 
still designated ``inactive after the past federal general election;
    (5) The total number of registrations statewide that were, for 
whatever reason, deleted from the registration list, including both 
``active'' and ``inactive'' voters if that distinction is made by the 
state, between the past two federal general elections;
    (6) The total number of registration applications received 
statewide (regardless of whether they were valid, rejected, 
duplicative, or address changes) that were received from or generated 
by each of the following categories of locations:
    (i) All motor vehicle offices;
    (ii) Mail;
    (iii) All public assistance agencies that are mandated as 
registration sites under the Act;
    (iv) All state funded agencies primarily serving persons with 
disabilities;
    (v) All Armed Forces recruitment offices;
    (vi) All other agencies designated by the state;
    (vii) All other means, including but not limited to, in person, 
deputy registrars, and organized voter registration drives delivering 
forms directly to registrars;
    (7) The total number of redundant or duplicate registration 
applications statewide that, between the past two federal general 
elections were received from or generated by each of the categories 
described in paragraphs (b)(6) (i) through (vii) of this section;
    (8) The statewide number of confirmation notices mailed out between 
the past two federal general elections and the statewide number of 
responses received to these notices during the same period;
    (9) The postal costs incurred statewide between the past two 
federal general elections for each of the following categories;
    (i) Notices to applicants of the disposition of registration 
applications;
    (ii) Forwardable mailings to applicants who, according to Postal 
Service information, have changed address within the registrar's 
jurisdiction;
    (iii) Postage prepaid pre-addressed return forms by which 
registrants who may have moved within the same jurisdiction may verify 
or correct their address information;
    (iv) Forwardable mailings to registrants who may have moved outside 
the registrar's jurisdiction;
    (v) Prepaid, pre-addressed return cards whereby registrants who may 
have moved outside the jurisdiction may state their current address;
    (vi) The costs of employing the Postal Service's National Change of 
Address program or the cost of direct, return-if-undeliverable, 
address-correction-requested mailings to some or all of the voter 
registration list;
    (10) For the first state report due, a brief narrative or general 
description of the State's implementation of the NVRA and, in all 
subsequent reports, any significant changes to the state's voter 
registration program. The report form will contain a series of 
questions with categorical responses for the state to indicate which 
options or procedures the state has selected in implementing the NVRA; 
and
    (11) Problems encountered and the measures taken, if any, to 
address these problems.

    Dated: March 4, 1994.
Trevor Potter,
Chairman.
[FR Doc. 94-5461 Filed 3-9-94; 8:45 am]
BILLING CODE 6715-01-M