[Federal Register Volume 59, Number 47 (Thursday, March 10, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-5461] [[Page Unknown]] [Federal Register: March 10, 1994] VOL. 59, NO. 47 Thursday, March 10, 1994 ======================================================================= ----------------------------------------------------------------------- FEDERAL ELECTION COMMISSION 11 CFR Part 8 [Notice 1994-3] National Voter Registration Act of 1993 AGENCY: Federal Election Commission. ACTION: Notice of Proposed Rulemaking. ----------------------------------------------------------------------- SUMMARY: The Federal Election Commission is seeking comments on proposed regulations governing the national mail registration form and recordkeeping and reporting requirements under the National Voter Registration Act of 1993 (``NVRA'' or ``the Act''). Please note that the draft rules which follow do not represent a final decision by the Commission on the issues presented by this rulemaking. DATES: Comments must be received on or before April 11, 1994. ADDRESSES: Comments must be in writing and addressed to: Ms. Susan E. Propper, Assistant General Counsel, 999 E Street, NW., Washington, DC 20463. FOR FURTHER INFORMATION CONTACT: Ms. Susan E. Propper, Assistant General Counsel, 999 E Street, NW., Washington, DC 20463, (202) 219-3690 or (800) 424-9530. SUPPLEMENTARY INFORMATION: Under section 9 of the National Voter Registration Act of 1993, Public Law 103-31, 197 Stat. 77, 42 U.S.C. 1973gg-1 et seq., the Federal Election Commission is required to develop a national mail voter registration form (``form'') for elections to federal office, and to submit to Congress no later than June 30 of each odd-numbered year (beginning June 30, 1995), a report that assesses the impact of the Act and recommends improvements in federal and state procedures, forms, and other matters affected by the Act. 42 U.S.C. 1973gg-7(a). The Commission has no interpretive authority beyond these areas, and no enforcement powers. The Commission notes, however, that this rulemaking does not apply to states where, on and after March 11, 1993, there was no voter registration requirement for any voter in the state with respect to an election for Federal office; or all voters in the State may register to vote at the polling place at the time of voting in the general election for Federal office. 42 U.S.C. 1973gg-2(b). On September 30, 1993, the Commission published an Advance Notice of Proposed Rulemaking (``ANPRM'') to gain general guidance from the regulated community and other interested parties on how best to carry out these responsibilities. 58 FR 51132. The Commission received 65 comments from 63 commenters in response to the ANPRM. In addition, the Commission's National Clearinghouse on Election Administration conducted a survey of state election officials to obtain information on state laws and procedures that impact on Commission responsibilities under the NVRA. Both the comments on the ANPRM and results of the survey have been considered in drafting these proposed rules and are thus part of the rulemaking record. The Commission is publishing this Notice of Proposed Rulemaking (``NPRM'') to seek comments from the regulated community and other interested parties on the specific items of information that it proposes to include on the mail registration form, and on the specific items of information that it proposes be required from the states to carry out the Act's reporting requirements. The National Mail Voter Registration Form The Commission is charged with developing a national mail voter registration form that ``may require only such identifying information (including the signature of the applicant) and other information (including data relating to previous registration by the applicant) as is necessary to enable the appropriate State election official to assess the eligibility of the applicant and to administer voter registration and other parts of the election process.'' 42 U.S.C. 1973gg-7(b)(1). (The Act also requires certain specific information and attestation items to be included on the form. However, except with regard to format, these items are not discussed below because they are required by the Act.) The Commission is seeking comments on both the proposed items of information to be required or requested on the national mail registration form and the form's proposed format. The form may require only information that is ``necessary'' to assess the eligibility of the applicant and to administer voter registration and other parts of the election process. Since information not deemed ``necessary'' cannot be required on the form, there may be conflicts between what is permissible under the NVRA and current state requirements. Several comments to the ANPRM questioned whether states may take the national form and add additional or optional items on a version of the form prepared by a state under 42 U.S.C. 1973gg-4(a)(2). However, the Commission does not have the authority to provide legal interpretations regarding issues raised by the Act. Determinations of whether to add items on the form must be made by each state in consultation with its State Attorney General. Moreover, because of the Commission's concern that the national form not be unduly lengthy, complex, or intrusive, preliminary decisions have been made that information considered ``necessary'' by certain states not be included on the national form. Comments are therefore sought from states and other interested parties on those items that the Commission proposes not to include on the national form that may nevertheless be considered as ``necessary.'' The Layout In addition, the Commission invites comment on the layout of the form as prescribed in proposed section 8.3. The Commission places a top priority on ensuring that the form and accompanying instructions be as ``user friendly'' and clear as possible while accommodating requirements under the NVRA. The Commission notes that the Act requires the development of a single national form, accepted by all covered jurisdictions, that complies with the NVRA, and that: contains all elements necessary for jurisdictions to determine voter qualification and to administer voter registration and other parts of the election process (42 U.S.C. 1973gg-7(b)(1)); specifies each eligibility requirement (including citizenship) (42 U.S.C. 1973gg-7(b)(2)(A)); and contains an attestation that the applicant meets each such requirement (42 U.S.C. 1973gg-7(b)(2)(B)). The states' comments on the ANPRM reflected a broad range of voter eligibility requirements among the states. Other comments urged the Commission to develop a form that accommodates administrative and legal requirements, such as electronic imaging, additional information space, and bilingual requirements. In the ANPRM, the Commission sought comment on the best or most practical approach to incorporate all these aspects and still develop a single national form. One option presented in the ANPRM was the use of a booklet format. The booklet would contain one or more tear out forms, instructions on how to complete the form, and a list of each covered state's eligibility requirements. Under this approach, the information contained in the booklet would be critical to the form, and the form could not be used without the accompanying booklet. See, proposed sections 8.2(a) and 8.3. All of the information relating to a particular state would be arranged so that the applicant will only have to turn to one place in the booklet. If the applicant had any questions concerning the form or his or her state eligibility requirements, the applicant would be able to read the information under his or her state in the booklet. Upon completing the form, the applicant would forward the form to the appropriate voter registration official, as listed in the booklet. The Commission received several comments on the booklet approach. Comments in favor stated that the booklet approach is the most practical and feasible in light of the requirement to develop a universal form, the need to include the different state eligibility requirements, the desire to provide for additional space, and the desire that the form be ``user friendly.'' One comment in favor raised the question of extra forms being provided without the booklet attached and suggested that the Commission require the applicant to sign that he or she has read the information contained in the booklet. Indeed, if this approach is adopted, the applicant would be required to affirm that he or she has read the contents of the form and booklet. See, proposed section 8.4(b)(3). Another comment acknowledged that the booklet approach should be used as a last resort, but suggested an alternative approach--a multi-page fold out with a tear-off registration form--and argued that the alternative approach would have less verbiage and would be less intimidating. Another comment suggested that states should be able to provide the form with their own state instructions instead of the entire national booklet. Finally, another comment urged that the form be modeled after the mail registration form used in the District of Columbia as it is considered to be the best example in terms of simplicity and clarity. On the other hand, comments that opposed the booklet reflected concern that the form be as easy to fill out as possible, and argued that the booklet approach was costly, complicated, intimidating, time consuming, and would have a chilling effect. One commenter suggested instead that a 10'' x 8'' back-sided application form be implemented with one 5'' x 8'' portion as the actual and the other 5'' x 8'' portion as instructions. Other commenters suggested that the Commission limit or compromise state requirements to reflect only those requirements universally required in the covered states. One of these commenters further argued that the Commission could limit the variations on the form to, for example, those relating to felony conviction or mental capacity, or in the alternative, develop a form with printed state-specific variations. However, such an option would result in numerous state-specific printed versions instead of a single national form as contemplated by the Act. While the Commission welcomes additional comments on these and other alternative approaches, it appears that the format that most closely meets the requirements of the NVRA is the booklet proposal. Therefore, the Commission has used that format in the proposed rules. I. Proposed Items To Be Included on the Form For the reasons given, the Commission is proposing in section 8.4 that the following information items be considered necessary to assess the eligibility of the applicant or to administer voter registration or other parts of the election process, and thus be included on the national mail voter registration form. A. Whether the Application Is a New Registration, Address Change, Name Change, or a Party Change In order to accommodate the NVRA requirement that the national form be usable as a change of address form as well as an original registration application in accordance with 42 U.S.C. 1973gg-4(a), proposed section 8.4(a)(1) would request this information as the first item on the application. Because changes of name and, in some states, changes of party affiliation are equally necessary to administering voter registration or primary elections, the Commission proposes to include these options as well. This proposed information block would contain instructions explaining that if the application is to be used as a new or change of address form, then the applicant should complete item A on the detachable portion of the form. If the application is to be used as a change of either name or party affiliation, then the applicant should complete item B on the detachable portion of the form. This approach is proposed, in part, to help facilitate the necessary keeping of up to date voter registration records. B. Full Name of Applicant Every state currently requires the full name of the voter registration applicant. There are, however, variations on how the full name is elicited. In light of the confusion that could result from cultural differences in the placement of the last name, and in accordance with the alphabetical order of most voter registration files, the Commission proposes in section 8.4(a)(2)(i) to require the last name first, the first name, and then the middle name. In addition, the Commission proposes to include an area for designating any suffix to the name (such as Jr., Sr., II, III, or IV). C. Address Where You Live Every state requires the address of each applicant, whether this be a traditional or non-traditional residence, for the necessary purpose of identifying the applicant's voting precinct and polling place. Proposed section 8.4(a)(2)(ii) would obtain this information by requiring: The applicant's street number; street name (with an instruction not to use post office box or rural route numbers); apartment or unit number; city, town, or village name; state name; and zip code. Further, in order to accommodate the concerns of several respondents to the ANPRM regarding rural addresses, proposed section 8.5(b)(3) would provide an area in the detachable portion of the application for applicants to sketch a map identifying the physical location of their residence in cases where street names, numbers, or rural route box numbers alone are insufficient. D. Address Where You Get Your Mail (if Different From the Address Where You Live) Because it is necessary for registrars to be able to communicate with registrants by mail, the Commission proposes in section 8.4(a)(2)(iii) to require the applicant's mailing address if it is different from the physical address. Such information at once accommodates post office boxes, rural routes, and mailing addresses for non-traditional residences. The required items would include the applicant's: post office box, rural route number, or other mailing addresses; city, town, or village; state name; and zip code. E. Date of Birth The date of the applicant's birth is considered to be necessary or desirable by virtually all of the states in determining the applicant's eligibility, occasionally in differentiating between registrants of the same name, and in verifying the identity of voters at the polls. Proposed section 8.4(a)(2)(iv) would require the applicant's date of birth on the form in the standard month-day-year sequence. F. Telephone Number (Optional) Although not absolutely necessary, the applicant's telephone number is thought to be necessary or desirable by most of the respondents to the state survey, primarily as a means of facilitating registration applications by enabling registrars to clarify or complete required items of information by telephone. The Commission therefore proposes in section 8.4(a)(2)(v) to request the applicant's telephone number as an optional item, so as to avoid undue intrusion into the applicant's privacy and to avoid any apparent discrimination against applicants without telephones. G. Political Party Preference Under proposed section 8.4(a)(2)(vi), a statement of political party preference would be required only of those applicants applying in the states that require it as a necessary precondition to voting in primary elections (``closed primary states''). Applicants completing the form will be directed to consult the accompanying instructions in the booklet for their state of residence in order to determine whether their state requires this information, and, if so, how to determine whether their preferred political party is recognized in their state. For those states requiring such information, the Commission proposes to offer ``unaffiliated'' as an alternative to designating a political party instead of the more ambiguous and potentially confusing term ``independent.'' H. Voter Identification Number The issue of requesting or requiring an identification number from voter registration applicants is a complex one. Thirteen states currently may and do require the applicant to provide their full social security number in accordance with the Privacy Act of 1974 (5 U.S.C. 552a note) while an additional 21 states consider the social security number either ``necessary'' or desirable. Still other states request either the social security number or some alternative to it, such as the state's driver's license or identification number. The Commission recognizes the necessity of voter identification numbers in distinguishing between voters with the same name and date of birth. The Commission is aware, however, of the limits imposed by federal law on requiring an applicant's full social security number. 5 U.S.C. 552a note. See also 42 U.S.C. 405(c)(2)(C)(vii)(I). Even in states where this is legally permissible, the Commission is mindful of the privacy concerns articulated by the United States Court of Appeals for the Fourth Circuit in Greidinger v. Davis, 988 F.2d 1344 (4th Cir. 1993), which held that a state's practice of requiring social security numbers on voter registration applications and subsequent public disclosure of such social security numbers substantially burdened the applicant's fundamental right to vote. Therefore, states that require or accept social security numbers must keep that information confidential. In the ANPRM, the Commission sought comment on the alternative of requiring only the last four digits of the applicant's social security number as a means of meeting privacy concerns while still allowing the use of these numbers for identification purposes. Although the Commission suggests such a practice as a possibility in states that cannot legally require full social security numbers, the Commission is concerned that requiring this alternative would arbitrarily impose on the states an identification system that may conflict with current state practices and may ultimately conflict with future individual identification systems currently under discussion or development in the public and private sectors. In order to ensure the greatest flexibility for the states, the Commission proposes in section 8.4(a)(3) to request only whatever identification number may be required or requested from the applicant's state of residence by directing the applicant to the booklet instructions for that state, where the request or requirement would be identified. I. Signature of Applicant Under Oath Virtually every state requires the signature of the applicant under penalty of perjury. In addition, the Act requires the signature of the applicant under penalty of perjury. 42 U.S.C. 1973gg-7(b)(2)(C). This requirement is reflected in proposed section 8.4(b)(4). The Act further requires a statement that ``specifies each eligibility requirement (including citizenship)'' and ``contains an attestation that the applicant meets each such requirement.'' 42 U.S.C. 1973gg-7(b)(2)(A) and (B). Both because states vary significantly in their specific voter eligibility requirements, and to simplify the application form, proposed section 8.4 (b)(1) would specifically identify U.S. Citizenship on the application itself (since citizenship is a universal requirement) and then incorporate by reference the other specific voter eligibility requirements of each individual state, directing the applicant to the instructions under the applicant's state for the list of those requirements. Under this approach, the form cannot be used without the booklet because the booklet would contain necessary information for the applicant to fill out the form. The applicant would sign a statement that he or she has read the accompanying booklet, and to the best of his or her knowledge, meets the requirements as stated in the form and in the accompanying booklet. See, proposed section 8.4(b)(3). Because a few states require a special pledge of allegiance to their state Constitution or other special oath as an eligibility requirement, the Commission likewise proposes in proposed paragraph 8.4(b)(1) to incorporate by reference any such state pledge in the oath on the national application. J. Date of Signature A majority of the states commented that the date of the applicant's signature is either necessary or desirable. The Commission recognizes the potential necessity of such an item whether for legal or administrative purposes, especially in light of the Act's provisions regarding the date of submitting an application versus the date of its receipt by the registrar. For example, the Act requires that completed registration applications must be forwarded to the appropriate state election official within 10 days after acceptance, except applications accepted within 5 days before the last day for registration to vote in an election must be forwarded no later than 5 days after the date of acceptance. 42 U.S.C. 1973gg-3(e) and 1973gg-5(d). Therefore, proposed section 8.4(b)(4) would require the date of signature in the standard month-day-year format. K. If You Are Unable To Sign Your Name, the Name, Address, and Telephone Number of the Person Who Assisted You in Completing This Form Several commenters on the ANPRM expressed concern about cases in which applicants are unable, by reason of disability or illiteracy, to sign their names. These commenters questioned whether requiring the name of the person who assisted such an applicant in completing the form would violate the Act's prohibition against ``any requirement for notarization or other formal authentication.'' 42 U.S.C. 1973gg- 7(b)(3). In cases where the applicant is unable to sign the application, it may be legally or administratively necessary to require the name, address, and telephone number of the person assisting the applicant. Such a requirement does not appear to constitute the kind of ``formal authentication'' prohibited by the Act. The Commission therefore proposes in section 8.4(b)(5) to require the name, address, and telephone number of any person assisting an applicant who is unable to sign the application. However, the Commission seeks comments on whether requiring the disclosure of an assistant would constitute the kind of ``formal authentication'' prohibited under the Act. II. Items on Which the Commission Has Not Made a Preliminary Proposal The Commission is still considering whether to include race/ ethnicity and gender as data elements. The Commission received several comments on both of these data elements, and recognizes that compelling arguments exist for the inclusion or exclusion of these data elements. In order to be included on the form, the data elements must meet the ``necessary threshold'' of the NVRA to assess voter eligibility and to administer voter registration. Therefore, further comments are encouraged from all of the states and other interested parties as to whether race/ethnicity and gender meet the ``necessary threshold'' under the Act. The Commission will consider all comments in issuing the final rules. A. Race/Ethnicity Whether race/ethnicity should be regarded as a ``necessary'' element to be included on the national mail registration form is still a matter under consideration. Comments on the ANPRM reflected different viewpoints and an overall concern about the impact of its inclusion or exclusion. The Commission therefore welcomes comments regarding the inclusion or exclusion of this data element. Seven states currently require race on their voter application forms, and 2 states request race as an optional item. The remaining jurisdictions do not require or request it. Several of the key concerns of the Voting Rights Act relate to voter registration activity in that racial voter registration data facilitates the enforcement of that Act's provisions. Therefore, race/ ethnicity information collected on the national form would be helpful in administrative determinations and litigation under that law. 42 U.S.C. 1973 et seq. Section 2 of the Voting Rights Act prohibits discriminatory voting practices and procedures nationwide, including the use of discriminatory redistricting plans and election systems that dilute minority voting strength. Section 5 of that Act prohibits the specially covered jurisdictions, all or some portions of 16 states, from implementing new election laws or procedures without preclearance from the U.S. Attorney General or the U.S. District Court for the District of Columbia. While that Act does not require specially covered jurisdictions to include race on their voter registration forms, it may be that information on registrants broken down by race is used both ``as a sword and a shield'' in certain instances to help the states administer and enforce the Voting Rights Act. It should be noted, however, that one covered jurisdiction employs Census Bureau figures for this purpose. In addition, one of the express findings in the NVRA was that, ``discriminatory and unfair registration laws and procedures can have a direct and damaging effect on voter participation in elections for Federal office and can disproportionately harm voter participation by various groups, including racial minorities.'' 42 U.S.C. 1973gg(a)(3). Moreover, the NVRA specifically cautions that its implementation is to be consistent with the Voting Rights Act of 1965 and that the NVRA does not authorize or require conduct that is prohibited by that Act. 42 U.S.C. 1973gg-9(d). Arguments advanced by commenters in favor of requiring race/ ethnicity included: it is necessary to monitor the effectiveness of registration efforts under the Act; it is necessary to comply with the intent of the NVRA to eliminate the barriers to equal voter registration; it is essential for full enforcement of the NVRA anti- discrimination provisions concerning confirmation mailings; it would provide a statistical basis for administering or enforcing the Voting Rights Act; it is necessary under the U.S. Constitution to determine whether a jurisdiction unconstitutionally discriminates on the basis of race; and, it would serve as a guide to determine minority representation of pollworkers. Furthermore, if race/ethnicity data is not included on the form, incomplete and inconclusive data on race/ ethnicity would result for those jurisdictions that currently collect such data. On the other hand, arguments presented against requiring race/ ethnicity included: it is not necessary to comply with the intent of the NVRA; it is not essential for voter registration purposes; it may be viewed by potential applicants as personally offensive, an invasion on privacy, or as intimidating; and, it could lead to an application being rejected because the applicant failed to indicate his or her race. Some of the comments suggested alternatives to an all or nothing inclusion or exclusion proposal. For example, one commenter suggested that race/ethnicity data be included on the form as an optional item only (similar to applicants optionally providing telephone numbers). Another suggestion was that racial data be included on the form only for states that currently require it by state law. A third suggestion was that racial data be included on the form only for those states that are specially covered by the Voting Rights Act (similar to the party preference requirement only for closed primary states). Finally, another suggestion was to exclude the data element from the national form, but to require or request applicants to indicate race/ethnicity on the confirmation notices required under the Act. In light of the Voting Rights Act, the conflicting state requirements, the suggested alternatives, and the arguments presented on both sides, the Commission seeks further comments from states and other interested parties on whether race/ethnicity meets the ``necessary threshold'' required by the Act to assess eligibility or to administer voter registration, and whether to include race/ethnicity as a data element on the form in the final rules. B. Gender Whether to request or require gender as an information item is another matter still under consideration. Forty-four respondents to the state survey declared gender to be unnecessary information while two more found it to be merely desirable. Its primary utility appears to be in generating statistics. Furthermore, gender is not an eligibility requirement in any state and it is seldom necessary for distinguishing between voters (since date of birth and/or identification numbers can accomplish this as readily). The Commission welcomes further comment on whether to include or exclude this data element on the form in the final rules. III. Proposed Items To Be Excluded From the Form For the reasons given, the Commission is proposing that the following items be excluded from the national mail voter registration form because they do not appear to meet the ``necessary threshold'' of the NVRA to assess the eligibility of the applicant or to administer voter registration or other parts of the election process. The Commission will consider all the comments it receives in issuing the final rules, and welcomes further comments on the following data elements. A. Information Regarding Naturalization Respondents to the state survey were evenly divided on the necessity or desirability of requiring naturalization information, while 5 commenters on the ANPRM advocated including it. The issue of U.S. citizenship appears to be best addressed within the oath required by the Act, and signed by the applicant under penalty of perjury as previously proposed. The basis of citizenship, whether it be by birth or by naturalization, is irrelevant to the citizen's eligibility. Therefore, the Commission proposes not to request or require such information on the national form. B. Place of Birth Eleven commenters on the ANPRM advocated requiring place of birth as an information item on the national voter registration application (with 1 opposed and 2 dissenting in favor of a state voter identification number). At the same time, 33 respondents to the state survey found place of birth to be necessary or desirable (with 15 finding it unnecessary). The Commission nevertheless proposes not to request or require place of birth. The chief argument advanced for including place of birth is that it might serve as a means of distinguishing between applicants of the same name and date of birth. However, requiring this information has the potential for inviting unequal scrutiny of applications from citizens born outside the U.S. Given the potentially chilling effect of including this item, the Commission proposes to exclude it from the form. Moreover, the administrative purpose of distinguishing between applicants can be as effectively accomplished by employing a voter identification number such as: the full social security number in states that can require it; the last four digits of the social security number in states that cannot require the full number; the state driver's license or identification number; or another voter identification number decided on by the state. Indeed, the fact that 17 states currently function without requiring place of birth draws into question its necessity. C. Occupation Only 5 survey respondents declared occupation to be a necessary or desirable information item while 43 survey respondents and 1 commenter on the ANPRM declared it to be unnecessary. The only use advanced for this datum would be for the purposes of voter identification at the polls. Because there is no mutually exclusive list of occupations, individuals may have more than one occupation at a time, occupations may be readily changed, and this information is not essential for voter identification, the Commission therefore proposes not to include it on the national voter registration form. D. Specific Information Regarding Criminal Conviction or Mental Incapacity The Act specifically requires that the national voter registration form contain a statement that ``specifies each eligibility requirement (including citizenship)'' and ``contains an attestation that the applicant meets each such requirement.'' 42 U.S.C. 1973GG-7(b)(2) (A) and (B). Yet voter eligibility requirements vary considerably among the states especially with regard to both criminal conviction and mental incapacity. Some states, for example, disenfranchise all persons convicted of any felony. Other states disenfranchise only persons convicted of certain types of crimes (e.g. election crimes). Some states disenfranchise felons for the entire period of their sentence while others disenfranchise only incarcerated felons, or felons incarcerated or on parole but not those on probation. State voter eligibility requirements regarding mental incapacity also vary, with some providing very specific definitions and categories and others not. In order to accommodate the different sets of eligibility requirements without burdening the application form with them, the Commission proposes, as noted previously, to list the specific voter eligibility requirements for each state in a booklet containing a set of instructions to accompany the application. The form would direct an applicant to the state voter eligibility list in the booklet. The oath, attesting that the applicant meets the eligibility requirements of the state including those regarding criminal conviction or mental incapacity, would be signed by the applicant, and thus incorporate by reference all eligibility requirements for each of the applicable states. Therefore, because the oath appears to be sufficient to determine voter eligibility, the Commission proposes that a separate item requiring specific criminal conviction or mental incapacity information would be unnecessary. E. Height, Weight, Hair and Eye Color, or Other Physical Characteristics The majority of respondents to the state survey find no value in requiring height, weight, hair and eye color, or other physical characteristics on the voter registration form. Only a handful, along with 1 commenter on the ANPRM found it necessary or desirable. It appears that the only purpose for requiring or requesting information regarding personal characteristics is for voter identification at the polls, and there is little evidence that it has ever in fact been used for that purpose. Moreover, the Commission notes that, as with occupation, many personal characteristics are variable, most notably weight and hair color but also, to some extent, height and eye color. Because such information appears to be of negligible value in voter identification, and therefore not ``necessary'', the Commission proposes not to require or request it on the national voter registration form. F. Marital Status No state considers marital status to be a necessary item of information. The Commission therefore proposes not to require or request marital status on the national voter registration form. G. Other Names This section deals with other names such as maiden name, spouse's name, father's name, mother's maiden name, and prior legal name. Only 7 states currently require any other name on their voter registration form, presumably for the purposes of voter identification or for capturing changes of name. The Commission notes that many applicants might find such items to be offensive or intrusive on their privacy. Moreover, because the proposed national form would serve as a notice of change of name, that important purpose is achieved in the individual cases where it is relevant. See, proposed section 8.4(a)(1). As discussed previously, other less intrusive means are proposed for distinguishing between applicants. The Commission therefore proposes not to require or request any other names on the national voter registration form. H. Miscellaneous Items Several comments on the ANPRM addressed whether to include miscellaneous items such as language preference, the need for assistance by persons with disabilities, and the willingness to serve as a pollworker. Three commenters on the ANPRM advocated including such miscellaneous information items on the voter registration form in order to provide useful information and to facilitate administering other aspects of the election process. Four commenters opposed the inclusion of such information because it would unnecessarily complicate the form and is not essential. The Commission is aware of the concerns of language minority groups, as well as the language minority requirements of the Voting Rights Act specified in 42 U.S.C. 1973aa-1a and 1973b(f)(4). Indeed, the Commission is hoping to develop separate versions of the national voter registration form by translating the form into each of the written languages covered by the Voting Rights Act, to the extent technically possible in a side by side format with the English version. The Commission is also aware of the needs of persons with disabilities and the requirements of both the Voting Accessibility for the Elderly and Handicapped Act of 1984 and the Americans with Disabilities Act. 42 U.S.C. 1973ee, 42 U.S.C. 12101 et seq. For example, the Commission proposes below to develop the national voter registration form in the largest practicable type size in order to accommodate applicants with vision impairments. Further, the Commission realizes that local election officials face a challenge due to the dwindling pool of potential pool workers. However, alternative means exist for eliciting these miscellaneous items of information without burdening the voter registration form with them. States and localities might, for example, want to consider using a detachable return postcard seeking this information on the acknowledgment notice required by the Act in response to voter applications. Because such information is not, then, necessary in the act of applying to register, the Commission proposes not to require or request any such miscellaneous information on the national voter registration form. IV. Format A. Layout With regard to format, the Commission considered in the ANPRM whether the layout of the form should be a single sheet or a booklet. The booklet would include a tear out application portion and accompanying instructions. The Commission is proposing this latter approach, in proposed sections 8.3 and 8.5, because it appears to be the best way to accommodate the information requirements under the NVRA, different state requirements, and other goals for the form. Under this approach, the Commission considers the ``form'' to include both the application portion and the accompanying instructions. The Commission welcomes comments on this approach. B. Size, Weight, and Color of the Form The Commission proposes in section 8.5(a) to capture all of the required data elements on a single 5" x 8" application card of sufficient stock and weight to satisfy postal regulations and standard filing requirements. The application card would be attached by a perforated fold to another 5" x 8" card containing requests for such ancillary information, where applicable, as previous address, previous name, previous political party affiliation, and a locational map space. Under proposed section 8.5(b)(1), applicants would be able to seal the completed application by removing a strip covering a pre-glued area along the bottom of the form, folding the form at the center perforation, and attaching the pre-glued area to the top of the form. Registrars would be able to remove the sealing strip portion (which itself would be perforated) and either remove the ancillary portion or else fold it back and file it along with the application. The Commission is proposing in section 8.5(b)(2) that the ``outside'' of the application contain address lines. The address of each state registration official would be provided in the accompanying instructions. Applicants would be directed to affix first class postage, and appropriate postal indicia would be preprinted accordingly. In order to accommodate optical scanning capabilities, proposed section 8.5(c) would require ink and paper colors of sufficient contrast for that purpose, to minimize the volume of preprinted material on the application without sacrificing clarity to the applicant, and to designate a signature field rather than a signature line for the applicant's signature or mark. A number of commenters on the ANPRM expressed concern about their need to add additional information to the application such as precinct and legislative districts. Accordingly, the Commission proposes in section 8.5(b)(4) to provide space where practicable, and on both sides of the application, blank boxes labeled ``For Official Use Only.'' C. Type Size In order to accommodate applicants with vision impairments, proposed section 8.5(e) would require that the form employ the largest practicable sans serif type size. D. Bilingual Requirements Jurisdictions covered by the NVRA must provide forms which meet the requirements of the Voting Rights Act of 1965 to eliminate language barriers. 42 U.S.C. 1973aa-1(a). In order to accommodate the concerns of several commenters on the ANPRM regarding the needs of language minority groups and the language minority requirements of the Voting Rights Act, the Commission hopes to develop separate versions of the form in each of the written languages covered by that Act, to the extent technically possible in a side by side format with the English version. E. Additional Concerns Pursuant to the Act's requirement that the form specify ``each eligibility requirement'' of each state (42 U.S.C. 1973gg-7(b)(2)(A)), proposed section 8.6(a) would require the chief election official of each state responsible for coordinating activities under the NVRA to certify to the Commission each voter eligibility requirement of the state, including the standard deadline for submitting applications (with State Constitutional or statutory citations), within 30 days after the promulgation of the Final Rule. Under proposed section 8.6(b), the election official must also provide the Commission with notice of any change thereafter to such eligibility requirements or dates within 30 days of the change. The Commission also proposes in section 8.6(c) to require, from officials in states requiring or requesting the applicant's full social security number, the state's privacy statement required under the Privacy Act of 1974. 5 U.S.C. 552a note. In addition, the Commission is considering ways to keep printing and production costs at a minimum while maintaining printing quality control. To help achieve these goals, the Commission proposes to have a modest number of each version of the form printed at the Government Printing Office. This would make the form a government document, available for sale through the Government Printing Office, and would offer the States and other interested groups an opportunity to ``ride'' the print order for as many copies as they feel necessary and to reorder as needed. The Commission feels that such an approach would substantially reduce costs and provide an avenue for obtaining large quantities of the booklet. Recordkeeping and Reporting Requirements Under 42 U.S.C. 1973gg-7(a)(3), the Commission is required to submit to the Congress not later than June 30 of each odd-numbered year a report assessing the impact of the NVRA on the administration of elections for federal office during the preceding 2 year period. The report must also include recommendations for improvements in federal and state forms, procedures, and other matters affected by the Act. The Commission is granted regulatory authority to prescribe, in consultation with the chief election officials of the states, such regulations as are necessary to implement this reporting requirement. 42 U.S.C. 1973gg-7(a)(1). The Commission welcomes comment on how best to implement this responsibility while maintaining confidentiality and privacy rights of individuals and not unduly burdening the states and other reporting entities. In order to produce a document that is both useful and comprehensive, the Commission anticipates that it will need several different types of data. For some of this data (such as total voting age population by state and demographic figures on reported voter registration), the Commission will use figures produced by the Bureau of Census. For the data elements identified below, however, the Commission will require the chief election official of each state responsible for coordinating activities under the NVRA to report to the Commission. The proposed rules in new section 8.7(a) would require each state's chief election official responsible for coordinating activities under the NVRA to report to the FEC, on a form provided by the Commission, the information identified below no later than March 31 of each odd- numbered year (the year following each regularly scheduled general election for federal office, hereafter referred to as ``federal general election'') beginning March 31, 1995. I. Contents of the Report For the reasons given, the Commission invites comments on whether the following information items should be considered necessary to assessing the impact of the NVRA on the administration of elections for federal office. A. The Total Number of Voters Registered Statewide (Both as ``Active'' and as ``Inactive'') in the Federal General Election Two Years Prior to the Most Recent Federal General Election The Commission believes that in order to assess the impact of the NVRA between each two federal general elections, it is essential to obtain as a baseline the total number of registrants statewide (both ``active'' and ``inactive'' if the state makes such a distinction) in the federal general election prior to the one just preceding the reporting date. For example, for the 1999 report, the number would be the number of voters registered in the November 1996 election. The Commission therefore proposes in section 8.7(b)(1) to require this information on each state report. It further proposes to convey the number of active registrants to the Congress not only in numbers, but also, based on Census figures, as a percentage of voting age population in each state. According to the NVRA legislative history, states may designate registrants, under certain circumstances, as ``inactive''. Throughout the following discussion, the term ``active'' refers to all registered voters except those who have received and not responded to the confirmation mailing sent in accordance with 42 U.S.C. 1973gg-6(d) and not offered to vote. See, proposed section 8.2(c). The term ``inactive'' refers to registrants who have neither responded to the confirmation mailing nor offered to vote. See, proposed section 8.2(d). For purposes of reporting under these rules, if a state does distinguish between ``active'' and ``inactive'' registrants, then the state shall also report the number of each. B. The Total Number of Voters Registered Statewide (Both as ``Active'' and as ``Inactive'') in the Most Recent Federal General Election In order to determine the overall increase or decrease in voter registration between federal general elections, proposed section 8.7(b)(2) would require from each state the total number of voters registered in the most recent federal general election and the number of ``active'' and ``inactive'' registrants if the state makes such a distinction. C. The Total Number of New Valid Registrations Statewide Between the Past Two Federal General Elections Because changes in total voter registration figures between federal general elections result from additions to the list as well as deletions from the list, the Commission proposes in section 8.7(b)(3) to require of each state the total number of new valid registrations between the date of the most recent federal election and the one prior to the most recent (ruling out any duplicate or rejected applications). D. If the State Distinguished Between ``Inactive'' and ``Active'' Voters, the Total Number of Registrants Statewide That Were Designated ``Inactive'' Between the Past Two Federal General Elections and Were Still Designated ``Inactive'' After the Past Federal General Election In order to maintain consistency in the numbers of registrants reported, proposed section 8.7(b)(4) would require from those states who adopt the practice of distinguishing between ``active'' and ``inactive'', the number of registrants designated as ``inactive'' between the most recent federal general election and the one prior to that and who remained ``inactive'' after the most recent federal general election (thus ruling out registrants that were designated ``inactive'' but were restored to ``active'' status by reason of returning a confirmation notice or voting). Confirmation notices must be mailed to ensure the maintenance of accurate and current voter registration rolls for election to Federal office according to 42 U.S.C. 1973gg-6(b). Therefore, the proposed information should be readily obtained by state election officials, since the Act specifically requires registration officials to maintain records for at least 2 years regarding confirmation notices mailed out as well as the responses to such notices (42 U.S.C. 1973gg-6(i)(2)), and because the number of registrants designated as ``inactive'' is merely the number of persons who have neither responded to the confirmation notices nor subsequently voted. E. The Total Number of Registrations Statewide That Were, for Whatever Reason, Deleted From the Registration List Between the Past Two Federal General Elections Because changes in total voter registration figures between federal general elections result from deletions from the list as well as from additions to it, the Commission proposes in section 8.7(b)(5) to require of each state the total number of registrations (both ``active'' and ``inactive'' if the state makes such a distinction) that were, for whatever reason, deleted from the registration list between the past two federal general elections. F. The Total Number of Registration Applications Statewide That, Between the Past Two Federal General Elections, Were Received or Generated by Collectively: (1) All Motor Vehicle Offices; (2) Mail; (3) All Public Assistance Agencies That Are Mandated as Registration Sites Under the NVRA; (4) All State Funded Agencies Primarily Serving Persons With Disabilities; (5) All Armed Forces Recruitment Offices; (6) All Other Agencies Designated by the State; and (7) All Other Means (Including In-Person, Deputy Registrars, Organized Voter Registration Drives Delivering Forms Directly to Registrars, etc.) A principal objective of the NVRA is to expand the number and range of locations where eligible citizens may obtain and complete a voter registration application. Accordingly, the Commission believes that any assessment of the impact of the NVRA should include an indication of the level of voter registration activity at the various categories of locations (as distinct from individual agencies or offices). Under proposed section 8.7(b)(6), information regarding the number of registration applications received from or generated by the various categories of locations identified above would be required to be reported. It is important to note that the Commission seeks the total number of applications (regardless of whether they are valid, rejected, duplicative, or address changes) since these numbers will reflect the overall level of registration activity at various types of sites. Issues of how to categorize certain applications (such as those that are obtained by the applicant from a public assistance agency or from an organized registration drive but are mailed in by the applicant) are not as important as assuring that the method of categorization is consistent throughout the State and over time. G. The Total Number of Redundant or ``Duplicate'' Registration Applications Statewide That, Between the Past Two Federal General Elections, Were Received From or Generated by Collectively: (1) All Motor Vehicle Offices; (2) Mail; (3) All Public Assistance Agencies That Are Mandated as Registration Sites Under the NVRA; (4) All State Funded Agencies Primarily Serving Persons With Disabilities; (5) All Armed Forces Recruitment Offices; (6) All Other Agencies Designated by the State; and (7) All Other Means (Including In-Person, Deputy Registrars, Organized Voter Registration Drives Delivering Forms Directly to Registrars, etc.) The Commission believes that it is important to gauge the level of unfruitful voter registration activity at both the categories of registration sites and by voter registrars. In order to do so, the Commission proposes in section 8.7(b)(7) requiring the number of redundant or duplicate registration applications received from each category of registration site identified above. A ``duplicate registration application'' is an offer to register by a person already registered to vote within the same jurisdiction. See, proposed section 8.2(e). Collecting such information might lead to better registration site selection or may indicate the need for improved voter information regarding the absence of the need to reapply if one is already registered and has not changed address. H. The Statewide Number of Confirmation Notices Mailed Out Between the Past Two Federal General Elections and the Statewide Number of Responses Received to These Notices During That Same Period The Act requires that registrars mail out confirmation notices to certain types of registrants. 42 U.S.C. 1973gg-6(d)(2). The Act further requires that States maintain records of all such mailings along with information concerning whether each recipient has responded to the notice. 42 U.S.C. 1973gg-6(i)(2). The Commission notes that such information is important in assessing the impact of the NVRA and that, in States which do not distinguish between ``active'' and ``inactive'' registrants, such numbers are essential to adjusting overall registration figures. The Commission, therefore, proposes in section 8.7(b)(8) to require that such information be reported. I. The Postal Costs Incurred Statewide Between the Past Two Federal General Elections for All Mailings Required Under the NVRA The Act requires at least five types of mailings to be paid for by the registrar's office: A notice to each applicant of the disposition of the registration application (42 U.S.C. 1973gg-6(a)(2)); a forwardable mailing to registrants who, according to Postal Service information, have changed address within the registrar's jurisdiction (42 U.S.C. 1973gg-6(c)(1)(B)(i)); a postage prepaid, pre-addressed return form by which registrants who may have moved within the same jurisdiction may verify or correct their address information (42 U.S.C. 1973gg-6(c)(1)(B)(i)); a forwardable confirmation mailing to registrants who may have moved outside the registrar's jurisdiction (42 U.S.C. 1973gg-6(d)(2)); and a prepaid, pre-addressed return card whereby registrants who may have moved outside the jurisdiction may state their current address (42 U.S.C. 1973gg-6(d)(2)). In addition to these required mailings, and depending on the specific procedures adopted by each state, the Act may also entail the costs of employing the Postal Service's National Change of Address (``NCOA'') program or (in lieu of using the NCOA) a direct, return-if-undeliverable, address- correction-requested mailing to some or all of the voter registration list. The Commission believes that, in order to gauge the impact of the NVRA on the administration of federal elections, it is important to require reporting of the postal costs incurred statewide for each of these items. Proposed section 8.7(b)(9) would require such reporting. J. In the State's First Report, a Brief Narrative Description of the State's Implementation of the NVRA; and in Subsequent State Reports, any Significant Changes to the Program Because the Act provides the states a number of options in complying with the NVRA, the Commission believes that an overall description on how each state has initially gone about implementing the Act is essential to assessing its impact. In order to ease this burden, and in order to enhance comparability across states, the Commission proposes in section 8.7(b)(10) to provide, on the FEC reporting form, a series of questions with categorical responses requiring the state to indicate the options or procedures the state has selected in implementing the NVRA. By the same token, and in the same manner, the Commission proposes to inquire in all subsequent reports about any significant changes in each state's program. K. Problems Encountered The Commission notes that no report on the impact of the NVRA would be complete without identifying the types of problems encountered in its implementation and operation. Accordingly, under proposed section 8.7(b)(11), an area on the reporting form would be provided for states to identify any problems they have encountered along with the measures they have taken to address any such problems. II. Items Not To Be Reported Although a few commenters on the ANPRM suggested them, the Commission, for the reasons given, proposes not to request reporting of the following items: A. Any Numbers or Other Information Regarding Registration Applications From Specific Offices or Agencies Designated as Registration Sites Under the NVRA Although, as noted previously, the Commission proposes to require the numbers of applications from categories of registration sites designated under the NVRA, the Commission believes that the required reporting of information regarding specific offices or agencies would place an undue burden on local registration offices and could undermine the confidentiality requirements of the Act (which prohibits public disclosure of information regarding the specific public assistance agency or motor vehicle office through which any individual registered) with respect to applications from specific motor vehicle offices (42 U.S.C. 1973gg-3(c)(2)(D)(iii)) and from specific public assistance agencies (42 U.S.C. 1973gg-6(i)(1)). At the same time, however, states may for their own purposes wish to code their registration applications in such a manner as to be able, under certain circumstances, to identify originating offices or agencies. Although such information might be valuable to states in assessing the accuracy and efficiency of their individual intake sites, the Commission proposes not to require the reporting of such information. B. The Number of Declinations Filed at Agencies or Motor Vehicle Offices The Act requires that applicants at public assistance agencies be provided a form on which they may decline in writing to register to vote and permits, though does not require, such a procedure in motor vehicle offices. 42 U.S.C. 1973gg-5(a)(6)(B). There are any number of reasons why a person may decline to register to vote, not the least of them being that the person is already registered. Moreover, the same person may decline to register several times during the same two year period at different agencies or even at the same agency. Retaining records on the number of declinations will therefore not be likely to yield any statistically useful information. The Commission also wishes to avoid discouraging agencies from participating in voter registration activities by imposing on them burdensome reporting responsibilities. At the same time, however, states must retain declination documents for 22 months. 42 U.S.C. 1974 et seq. Although states may want to ensure that such declinations are retained in such a manner as to be able to identify originating offices or agencies, the Commission proposes not to request the number of declinations. C. The Number of Persons Voting Under the ``Fail-Safe'' Provisions of the NVRA The Act permits some registrants, under very specific circumstances, to vote on election day by affirming their residence. In doing so, it grants states considerable latitude in how to administer such a process. Some procedures may generate statistics more readily than others. Moreover, such cases may be difficult to distinguish from other cases whereby, under state law, voters may already be permitted to cast a provisional ballot. The Commission therefore proposes that the burden on state and local registration offices of counting the number of persons voting under the ``fail-safe'' provisions of the Act outweighs whatever value such information might have in assessing the impact of the NVRA. D. The Number of Persons Newly Registered Between the Past Two Federal General Elections Who Voted in the Past Federal General Election The overall purpose of the NVRA is to increase the opportunity of citizens to register to vote. The information the Commission is proposing to be reported is designed to gauge the effect of the Act in increasing voter registration. Whether or not registered persons subsequently vote, however, is a separate matter driven by a multitude of variables outside the Act. Moreover, levels of voter participation can be ascertained by other means. Both because state and local election offices do not routinely gather information on the subsequent voting of specific groups of registrants and the burden such a data collection effort would impose, the Commission proposes not to require such information to be reported. E. The Implementation or Operating Costs, Other Than the Postal Costs, of the NVRA Based on some comments to the ANPRM, the Commission recognizes that a number of people will want to know the implementation and operating costs of the NVRA. For a number of very practical reasons, however, the Commission proposes not to seek such data other than postal costs as previously proposed. The first of these reasons is that the states approach the NVRA from different starting points. Some already have motor voter, mail, or agency voter registration programs in progress while others operate none of these. It seems reasonable to imagine that the costs of newly implementing any of these programs will entail an up-front expenditure which could not be compared to any new costs incurred by states that already administer some or all of the programs. The second reason is that states vary considerably in their degrees of computerization in election offices as well as in motor vehicle and public assistance agencies. Computerization at both the state and local levels will result in apparent reduced operating costs in states that already employ such technology. The third reason is that, in recognition of the differences among state election laws and procedures, the Act provides the states a wide variety of options in implementing many of its provisions. Since different implementation strategies are likely to incur different kinds of costs, comparisons and even total cost figures would be misleading. Finally, it is the experience of this Commission in conducting previous research on election costs, that few local election offices are able to isolate their election related costs from the costs of other non-election-related office activities. Fewer still are able to isolate registration-related costs from other election costs, and very few indeed would be able to isolate NVRA-related costs from other registration costs. Moreover, cost accounting systems vary widely not only from state to state but also from locality to locality within states. Because ascertaining the implementation and operating costs of the NVRA would require imposing on election offices nationwide a uniform and burdensome accounting system, the Commission proposes to limit cost data to the more uniform, comparable, and readily obtained item of postal costs. However, this proposal would not preclude states from voluntarily reporting other costs, e.g. in the Problems Encountered section of the report. List of Subjects--11 CFR Part 8 National Voter Registration Act. Certification of No Effect Pursuant to 5 U.S.C. 605(b) [Regulatory Flexibility Act] The attached proposed rules would not, if promulgated, have a significant economic impact on a substantial number of small entities. The basis for this certification is that few, if any, small entities would be affected by these rules. For the reasons set out in the preamble, it is proposed to add a new part 8 to Chapter I of Title 11 of the Code of Federal Regulations as follows: PART 8--NATIONAL VOTER REGISTRATION ACT (42 U.S.C. 1973gg-1 ET SEQ.) Subpart A--General Provisions Sec. 8.1 Purpose and scope (42 U.S.C. 1973gg-7(a)(1)). 8.2 Definitions. Subpart B--Mail Voter Registration Form Sec. 8.3 General information. 8.4 Contents (42 U.S.C. 1973gg-7(a) and (b)). 8.5 Format (42 U.S.C. 1973gg-7(a)). 8.6 Chief State Election Official (42 U.S.C. 1973gg-7(a) and 1973gg-8) Subpart C--Recordkeeping and Reporting Sec. 8.7 Contents of Reports from the States (42 U.S.C. 1973gg-7) Authority: 42 U.S.C. 1973gg-1 et seq. Subpart A--General Provisions Sec. 8.1 Purpose and scope (42 U.S.C. 1973gg-7(a)(1)). These regulations implement the responsibilities delegated to the Commission under section 9 of the National Voter Registration Act of 1993, Public Law 103-31, 97 Stat. 77, 42 U.S.C. 1973gg-1 et seq. (``NVRA''). They describe the format and contents of the national mail voter registration form and the information that will be required from the states for inclusion in the Commission's biennial report to Congress. Sec. 8.2 Definitions. As used in this part: (a) Form means the national mail voter registration application form which includes the registration application and accompanying booklet. (b) Chief State Election Official means the designated chief state officer or employee responsible for the coordination of state responsibilities under the NVRA. (c) Active voters means all registered voters except those who have received and not responded to a confirmation mailing sent in accordance with 42 U.S.C. 1973gg-6(d) and not offered to vote. (d) Inactive voters means registrants who have received and not responded to a confirmation mailing sent in accordance with 42 U.S.C. 1973gg-6(d) and not offered to vote. (e) Duplicate registration application means an offer to register by a person already registered to vote within the same jurisdiction. Subpart B--Mail Voter Registration Form Sec. 8.3 General Information. The mail voter registration form shall consist of two components: a tear-gas application, which shall contain appropriate spaces for the applicant to provide all of the information required under 11 CFR 8.4(a); and an accompanying booklet, which shall contain instructions for completing the application arranged by state, the state election officials' addresses and telephone numbers, and information regarding each state's voter registration requirements as described in 11 CFR 8.4(b)(1). Sec. 8.4 Contents (42 U.S.C. 1973gg-7(a) and (b)). (a) Information about the applicant. The mail voter registration form shall provide appropriate spaces for the following information from each applicant: (1) Whether the application is a new registration application, change of address, change of name, or change of party affiliation. (i) If the application is a new application or change of address, the form shall instruct the applicant to complete item A on the detachable portion of the application indicating the address from which the applicant was previously registered. (ii) If the application is for a change of name or a change of party, the form shall instruct the applicant to complete item B on the detachable portion of the application indicating the applicant's former name or party affiliation. (2) The applicant's: (i) Last, first, and middle name and any suffix; (ii) Address where the applicant lives including: street number; street name; apartment or unit number; city, town, or village name; state; and zip code, with instructions not to use a post office box or rural route number; (iii) Mailing address if different from the address where the applicant lives, such as a post office box, rural route number, or other street address; city, town, or village name; state; and zip code; (iv) Month, day, and year of birth; (v) Telephone number as an optional item for the applicant to provide; and (vi) Political party preference, for applicants whose states require a statement of political party preference as a necessary precondition for voting in primary elections (``closed primary state''). (A) The application shall include instructions telling applicants to consult the accompanying booklet to determine if the applicant's state is a closed primary state and to obtain the telephone number of the state election official for information on the qualified parties of the applicant's state. (B) The application shall also include a warning that if the applicant is registering in a closed primary state, failure to indicate a political party preference will prevent the applicant from voting in partisan races in primary elections. (C) The booklet shall list whether a state is a closed primary state and include the telephone number of the state election official. The booklet shall also list ``unaffiliated'' as a political party preference option. (3) A voter identification number as required or requested by the applicant's state of residence. (i) The application shall include instructions for the applicant to consult the accompanying booklet to determine what type of voter identification number the state requires or requests. (ii) The booklet shall include what type of voter identification number, if any, is required or requested by each state. (iii) For each state using the applicant's full social security number as its voter identification number, the state's Privacy Act notice provided in accordance with 11 CFR 8.6(c), shall be reprinted in the booklet. (b) Required information. (42 U.S.C. 1973gg-7(b)(2) and (4)). The form shall also include a statement that: (1) Specifies each eligibility requirement (including citizenship). The application shall list U.S. Citizenship as an eligibility requirement and include a statement, through incorporation by reference, of each state's eligibility requirements (including any special pledges) and shall instruct the applicant to consult the booklet to determine what his or her state requirements are; (2) Informs applicants of the penalties provided by law for submitting false voter registration applications; (3) Contains an attestation that the applicant has read both the form and the accompanying booklet and, to the best of his or her knowledge and belief, meets each of his or her state's eligibility requirements; (4) Requires the signature of the applicant, under penalty of perjury, and the date of the applicant's signature; (5) If the applicant is unable to sign the application without assistance, the name, address, and telephone number of the person who assisted the applicant in completing the form; (6) If an applicant declines to register to vote, a statement of the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes; and (7) If an applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes. Sec. 8.5 Format (42 U.S.C. 1973gg-7(a)). (a) Size. The form shall consist of a 5'' by 8'' application card of sufficient stock and weight to satisfy postal regulations and standard filing requirements. The application card shall be attached by a perforated fold to another 5'' by 8'' card containing space for items A and B, in accordance with 11 CFR 8.4(a)(1). (b) Layout. (1) The form shall be sealable. (2) The ``outside'' of the form shall contain an appropriate number of address lines. (3) The detachable portion of the application shall contain space to permit applicants from rural districts to draw a locational map showing their place of residence and to indicate, where applicable, a former address, former name, or former party preference. (4) Both sides of the application card shall contain space designated ``For Official Use Only.'' (c) Color. The form shall be of ink and paper colors of sufficient contrast to permit for optical scanning capabilities. (d) Signature field. The form shall contain a signature field in lieu of a signature line. (e) Type size. (1) All print on the form shall be of the largest practicable sans serif type size. (2) The requirements on the form specified in 11 CFR 8.4(b) (1), (6), and (7) shall be in print identical to that used in the attestation portion of the application required by 11 CFR 8.4(b)(3). Sec. 8.6 Chief State Election Official (42 U.S.C. 1973gg-7(a) and 1973gg-8). (a) Each chief state election official shall certify to the Commission within 30 days after the promulgation of these rules: (1) Each voter registration eligibility requirement of the state and its corresponding State Constitution or Statutory citation; and (2) The State's deadline for submitting voter registration applications. (b) Each chief state election official shall notify the Federal Election Commission, in writing, within 30 days of any change to the State's voter registration eligibility requirements. (c) If the state, in accordance with 11 CFR 8.4(a)(3), requires or requests the applicant's full social security number, the chief state election official shall provide the Commission with the text of the state's privacy statement required under the Privacy Act of 1974. (5 U.S.C. 552a note). Subpart C--Recordkeeping and Reporting Sec. 8.7 Contents of reports from the states. (42 U.S.C. 1973gg-7). (a) The chief state election official is responsible for filing the information required under this section with the Commission by March 31 of each odd-numbered year beginning March 31, 1995. Reports must be mailed to: National Clearinghouse on Election Administration, Federal Election Commission, 999 E Street, NW., Washington, DC 20463. The data to be reported in accordance with this section shall consist of applications or responses received up to and including the date of the federal general election. (b) The report required under this section shall include: (1) The total number of voters registered statewide, including ``active'' and ``inactive'' voters if that information is maintained by the state, in the federal general election two years prior to the most recent federal general election; (2) The total number of voters registered statewide, including ``active'' and ``inactive'' voters if that distinction is made by the state, in the most recent federal election; (3) The total number of new valid registrations statewide between the past two federal general elections, less any duplicate or rejected applications; (4) If the state distinguishes between ``inactive'' and ``active'' voters, the total number of registrants statewide that were designated ``inactive'' between the past two federal general elections and were still designated ``inactive after the past federal general election; (5) The total number of registrations statewide that were, for whatever reason, deleted from the registration list, including both ``active'' and ``inactive'' voters if that distinction is made by the state, between the past two federal general elections; (6) The total number of registration applications received statewide (regardless of whether they were valid, rejected, duplicative, or address changes) that were received from or generated by each of the following categories of locations: (i) All motor vehicle offices; (ii) Mail; (iii) All public assistance agencies that are mandated as registration sites under the Act; (iv) All state funded agencies primarily serving persons with disabilities; (v) All Armed Forces recruitment offices; (vi) All other agencies designated by the state; (vii) All other means, including but not limited to, in person, deputy registrars, and organized voter registration drives delivering forms directly to registrars; (7) The total number of redundant or duplicate registration applications statewide that, between the past two federal general elections were received from or generated by each of the categories described in paragraphs (b)(6) (i) through (vii) of this section; (8) The statewide number of confirmation notices mailed out between the past two federal general elections and the statewide number of responses received to these notices during the same period; (9) The postal costs incurred statewide between the past two federal general elections for each of the following categories; (i) Notices to applicants of the disposition of registration applications; (ii) Forwardable mailings to applicants who, according to Postal Service information, have changed address within the registrar's jurisdiction; (iii) Postage prepaid pre-addressed return forms by which registrants who may have moved within the same jurisdiction may verify or correct their address information; (iv) Forwardable mailings to registrants who may have moved outside the registrar's jurisdiction; (v) Prepaid, pre-addressed return cards whereby registrants who may have moved outside the jurisdiction may state their current address; (vi) The costs of employing the Postal Service's National Change of Address program or the cost of direct, return-if-undeliverable, address-correction-requested mailings to some or all of the voter registration list; (10) For the first state report due, a brief narrative or general description of the State's implementation of the NVRA and, in all subsequent reports, any significant changes to the state's voter registration program. The report form will contain a series of questions with categorical responses for the state to indicate which options or procedures the state has selected in implementing the NVRA; and (11) Problems encountered and the measures taken, if any, to address these problems. Dated: March 4, 1994. Trevor Potter, Chairman. [FR Doc. 94-5461 Filed 3-9-94; 8:45 am] BILLING CODE 6715-01-M