[Federal Register Volume 69, Number 158 (Tuesday, August 17, 2004)]
[Notices]
[Pages 51072-51073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18725]


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ELECTION ASSISTANCE COMMISSION


Statement of Policy Regarding National Mail Voter Registration 
Form

AGENCY: United States Election Assistance Commission.

ACTION: Statement of Policy.

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SUMMARY: The Commission intends to exercise its discretion in 
administering the National Mail Voter Registration Form by interpreting 
the waiver of the effective date for implementing the Computerized 
Statewide Voter Registration List required by the Help America Vote Act 
of 2002 (HAVA) to extend to all of the requirements of

[[Page 51073]]

subsection (a) of Section 303 of HAVA, including the requirements of 
paragraph (a)(5) of that section. Therefore, a State that has obtained 
a waiver extending the effective date of Section 303(a)(5) until 
January 1, 2006 may use State-specific instructions for Box 6 that may 
change when Section 303(a)(5) becomes effective as to that State.

DATES: August 10, 2004.

FOR FURTHER INFORMATION CONTACT:  John C. Vergelli, Attorney Advisor, 
1225 New York Ave., NW., Suite 1100, Washington, DC 20005. Telephone: 
(202) 566-3100.

SUPPLEMENTARY INFORMATION:  Title III of HAVA, entitled ``Uniform and 
Nondiscriminatory Election Technology and Administration 
Requirements,'' imposes certain requirements upon States and local 
jurisdictions conducting federal elections. HAVA Sections 301-303. 
Among other things, a State or local jurisdiction must verify voter 
registration information. Specifically, paragraph (a)(5) of section 303 
of HAVA requires the collection of certain identifying information from 
applicants, or, in certain circumstances, the assignment of a unique 
identifying number.
    HAVA further provides that the requirements of subsection (a) of 
section 303, including paragraph (a)(5), became effective on January 1, 
2004. HAVA Section 303(d)(1)(A). However, a State could have obtained a 
waiver that delays the effective date until January 1, 2006. HAVA 
section 303(d)(1)(B). Forty-four States obtained such a waiver.
    The United States Election Assistance Commission (EAC) has 
succeeded to the responsibilities of maintaining the National Mail 
Voter Registration Application Form (``Form'') authorized by the 
National Voter Registration Act (NVRA) (Pub. L. 103-31 (May 20, 1993)) 
(42 U.S.C. Sec. Sec.  1973gg-1973gg-0). Box 6 of the Form is labeled 
``ID Number--(See Item 6 in the instructions for your state).'' These 
``State-specific instructions'' provide State-by-State guidance as to 
what information the relevant State's law requires the applicant to 
provide in Box 6.
    Depending upon a given State's law, Section 303(a)(5) may affect 
that State's specific instructions for Box 6 when Section 303(a)(5) 
takes effect with regard to that State. The question has arisen of 
whether such a State, if it has obtained a waiver extending the 
effective date of Section 303(a)(5) until January 1, 2006, may, before 
January 1, 2006, use State-specific instructions for Box 6 that may 
change when Section 303(a)(5) becomes effective to such a State.
    The EAC intends to exercise its discretion in administering the 
Form by interpreting the waiver of the effective date provided in 
Section 303(d)(1)(B) to extend to all of the requirements of subsection 
(a) of Section 303, including paragraph (a)(5). Therefore, a State that 
has obtained a waiver extending the effective date of Section 303(a)(5) 
until January 1, 2006 may use State-specific instructions for Box 6 
that may change when Section 303(a)(5) becomes effective as to that 
State.
    In issuing this Statement of Policy regarding the scope of the 
waiver provision in Section 303(d)(1), the EAC emphasizes that it is 
not stating its policy with regard to the substantive requirements of 
Section 303(a)(5) when that paragraph becomes effective with regard to 
a given State. The EAC also emphasizes that this Statement of Policy is 
only applicable to a State that has obtained a waiver of the effective 
date under Section 301(d)(1), and applies only before January 1, 2006.

    Dated: August 10, 2004.
DeForest B. Soaries, Jr.,
Chairman, U.S. Election Assistance Commission.
[FR Doc. 04-18725 Filed 8-16-04; 8:45 am]
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