[Federal Register Volume 75, Number 152 (Monday, August 9, 2010)]
[Proposed Rules]
[Pages 47729-47734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19514]
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ELECTION ASSISTANCE COMMISSION
11 CFR Part 9428
[EAC-2010-0025]
National Voter Registration Act
AGENCY: Election Assistance Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The U.S. Election Assistance Commission (EAC) seeks comments
on proposed changes to its regulations pertaining to the National Voter
Registration Act of 1993 (NVRA). Section 9(a) of the NVRA requires the
responsible agency to issue regulations for developing a national mail
voter registration form and for submitting a biennial report to
Congress on the impact of the NVRA. EAC proposes to amend its NVRA
regulations to ensure that they are consistent with the Help America
Vote Act of 2002 (HAVA) and to make some technical amendments. EAC also
invites public comments on additional changes to the NVRA regulations
to improve voter registration through the content and format of the
Federal form and to change the date by which States are required to
submit data to EAC for use in the biennial report to Congress on the
impact of the NVRA. EAC will not make any changes to the NVRA
regulations until after the November 2010 Federal election. EAC
anticipates issuing a final rule pertaining to the regulations
necessitated by HAVA. EAC may also issue new regulations about the
content and format of the Federal form and the biennial report to
Congress based on the comments it receives on the topics discussed in
Section VI either in the same final rule or in a separate final rule.
DATES: Comments must be received no later than 5 p.m.. e.s.t. on
November 23, 2010.
ADDRESSES: You may submit comments, identified by docket number EAC-
2010-0025, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. Those commenting are
strongly encouraged to submit comments via http://www.regulations.gov
to ensure timely receipt and consideration.
E-mail: [email protected]. Include docket number (EAC-2010-
0025) in the subject line of the message. Comments sent via e-mail must
include the full name, e-mail address, and the postal address of the
commenter. E-mail comments that do not contain the full name, e-mail
address, and postal address of the commenter will not be considered.
Mail: Send to ``EAC Regulations'' at U.S. Election
Assistance Commission, 1201 New York Avenue, NW., Suite 300,
Washington, DC 20005. Comments sent by mail must include the full name
and the postal address of the commenter and be unbound, be on paper no
larger than 8.5 by 11; and be submitted in
duplicate. Comments received via mail that do not contain the full
name, e-mail address, and postal address of the commenter will not be
considered. Mailed comments will not be accepted in electronic form
(floppy disk, CD, etc.).
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All submissions must include the
following in the subject line: ``Election Assistance Commission
National Voter Registration Act Regulations.'' All comments received
will be publicly posted, including any personal information provided.
However, EAC will not post comments that contain profanity, vulgarity,
threats, or other inappropriate language.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Karen Lynn-Dyson, Director,
Division of Research, Policy and Programs or Mr. William P. Boehm,
Deputy Director of
[[Page 47730]]
Policy, (202) 566-3100 or (866) 747-1471 (toll free). You may also
contact Ms. Lynn-Dyson or Mr. Boehm at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The National Voter Registration Act of 1993 (NVRA), 42 U.S.C.
1973gg et seq. requires the responsible agency to develop a national
mail voter registration form for elections to Federal office, and to
submit a report to Congress no later than June 30 of each odd-numbered
year that assesses the impact of the NVRA on the administration of
elections for Federal office during the preceding 2-year period and
recommends improvements in Federal and State procedures, forms, and
other matters affected by the NVRA. The NVRA requires the U.S. Election
Assistance Commission (EAC) to promulgate regulations to administer its
responsibilities under the NVRA in consultation with the chief election
officers of the States. EAC considers the public comment period
provided in this notice of proposed rulemaking as fulfilling the
requirement to consult with the chief election officers of the States.
After receiving public comment, the Federal Election Commission
(FEC), which previously had responsibility for the NVRA, issued
regulations implementing these requirements on June 23, 1994. See 59 FR
32323 June 23, 1994. The Help America Vote Act of 2002 (HAVA) 42 U.S.C.
15301 et seq., transferred to EAC functions fulfilled by the FEC under
Section 9(a) of the NVRA. The FEC and EAC entered into a joint
rulemaking to transfer the NVRA regulations from the FEC to EAC on July
29, 2009. See 74 FR 37520 July 29, 2009. The transfer became effective
on August 28, 2009. In this notice of proposed rulemaking, EAC proposes
to amend the NVRA regulations within the authority granted by the NVRA
to reflect HAVA requirements and to make technical amendments. EAC also
invites public comments on additional changes to the NVRA regulations
to improve voter registration through the content and format of the
Federal form and to change the date by which States are required to
submit data to EAC for use in the biennial report to Congress on the
impact of the NVRA.
II. National Mail Voter Registration Form
Persons wishing to register to vote may use the national mail voter
registration form (``Federal form'' or ``form'') to apply for voter
registration. After completing the form, an applicant submits her/his
form for processing. States covered by the NVRA process the information
from the form to register an applicant to vote. The NVRA does not apply
to States ``in which, under law that is in effect continuously on and
after August 1, 1994, there is no voter registration requirement for
any voter in the State with respect to an election for Federal
office.'' See 42 U.S.C. 1973gg-2(b)(1). North Dakota is exempt from
implementing the NVRA under this provision. Nor does the NVRA apply to
States ``in which, under law that is in effect continuously on and
after August 1, 1994, or that was enacted on or prior to August 1, 1994
and by its terms is to come into effect upon the enactment'' of the
NVRA, ``so long as that law remains in effect, all voters in the State
may register to vote at the polling place at the time of voting in a
general election for Federal office.'' See 42 U.S.C. 1973gg-2(b)(2).
Idaho, Minnesota, New Hampshire, Wisconsin, and Wyoming are exempt from
the NVRA under this provision. Neither EAC nor any other Federal agency
processes or collects any information from the Federal form that a
registration applicant submits to a State. Rather, EAC prescribes the
Federal form, and States collect and record the information applicants
submit.
The Federal form is composed of the registration application,
instructions for completing the application (General Instructions and
Application Instructions), and State-specific instructions that
identify each State's particular requirements. A copy of the current
form is available on EAC's Web site, at http://www.eac.gov (click on
National Voter Registration Act). Information about obtaining a form
can be obtained by calling EAC at (202) 566-3100 or (866) 747-1471
(toll free).
In seeking comments on the proposed regulation applicable to the
Federal form, EAC encourages commenters to consider the usability and
clarity of the Federal form while accommodating requirements under the
NVRA and HAVA.
HAVA requirements affect both the content and the format of the
Federal form. HAVA requires the addition of specific questions on
citizenship and age, mandates the inclusion of instructions concerning
documentation that is required from first-time voters registering by
mail, and specifies voter identification number requirements for some
States. The FEC, in accordance with the mandates of HAVA, incorporated
the HAVA requirements on the Federal form in 2003. The NVRA
regulations, however, have not been similarly amended to reflect the
requirements of HAVA. EAC seeks comment on how the regulations
applicable to the Federal form should be amended to incorporate these
requirements. EAC's current regulations implementing the NVRA can be
found at 11 CFR 9428.
A copy of the proposed regulations with amendatory language can be
reviewed at the EAC Web site: http://www.eac.gov by clicking on the tab
for the National Voter Registration Act.
III. Contents of the National Mail Voter Registration Form
Title 11 CFR 9428.4(a) and (c), in compliance with the NVRA
requirements at 42 U.S.C. 1973gg-7(b)(1), directs applicants to
provide: (1) Their full name; (2) any former name(s) (if applicable);
(3) their residential address; (4) their mailing address (if
different); (5) a former address under certain circumstances; (6) their
date of birth; (7) their telephone number (optional); (8) their voter
identification number, with reference to the State-specific
instructions for the State identification number requirements; (9)
their political party preference (for those States that require the
declaration of party affiliation in order to participate in that
party's nominating process); and (10) a statement of race/ethnicity (if
required by the applicant's State). In accordance with 11 CFR
9428.4(b)(5) and in compliance with NVRA requirements at 42 U.S.C.
1973gg-7(b)(1), the application also provides a field for the name,
address, and (optional) telephone number of the person who assisted the
applicant in completing the form, if the applicant is unable to sign
the application without assistance. In accordance with 11 CFR
9428.4(b)(1)-(3) and the NVRA requirements at 42 U.S.C. 1973gg-7(b)(2),
the form: (1) Specifies each eligibility requirement (including
citizenship and age), with reference to the eligibility requirements
listed in the State-specific information; (2) contains an attestation
that the applicant meets each such requirement; and (3) provides a
field on the application for the signature of the applicant, under
penalty of perjury. In addition, in accordance with 11 CFR
9428.4(b)(4), (6), and (7) and the NVRA requirements at 42 U.S.C.
1973gg-6(a)(5) and 7(b)(4)(i), the form includes: (1) A statement
informing the applicant of the penalties provided by law for submitting
a false voter registration application; (2) a statement that, if an
applicant declines to register to vote, the fact that the applicant has
declined to register will remain confidential and
[[Page 47731]]
will be used only for voter registration purposes; and (3) a statement
that if an applicant does register to vote, the office at which the
applicant submits a voter registration application will remain
confidential and the information provided will be used only for voter
registration purposes.
EAC is proposing to modify the regulations that address the
contents of the Federal form to account for HAVA requirements, and any
exemptions to: (1) Voter identification number, in accordance with
provisions at 42 U.S.C. 15483(a)(5)(A) and (D) and 42 U.S.C.
15483(d)(1); (2) questions concerning citizenship and age, along with
associated check boxes and instructions, in accordance with 42 U.S.C.
15483(b)(4)(A)(i) through (iii); and (3) instructions for first-time
voters who are required to provide voter identification documents, in
accordance with requirements at 42 U.S.C. 15483(b)(1)-(3) and
(4)(A)(iv). These proposed revisions would affect information about the
applicant's voter identification number, addressed by 11 CFR
9428.4(a)(6), and the additional information listed in 11 CFR
9428.4(b).
A. Voter Identification Number
HAVA, at 42 U.S.C. 15483(a)(5)(A)(i), provides that a State may not
accept or process an application for voter registration for an election
for Federal office unless the applicant includes: (1) A driver's
license number, in the case of an applicant who has been issued a
current and valid driver's license; or (2) the last four digits of the
applicant's social security number, if the applicant does not have a
valid driver's license. HAVA exempts States from implementing this
requirement if the applicant does not have a driver's license number or
social security number. 42 U.S.C. 15483(a)(5)(A)(ii). HAVA also
provides that the identification (ID) number requirements of HAVA, at
42 U.S.C. 15483(a)(5), are optional for those States permitted to use
the social security number on voter registration application in
accordance with the Privacy Act of 1974 (5 U.S.C. 552a note). 42 U.S.C.
15483(a)(5)(D).
EAC proposes to revise 11 CFR 9428.4(a)(6)(i) to recognize that
requirements of Federal law may affect the notices that States are
required to provide to applicants. The effect of this proposed
amendment will be to retain the current instructions for completing Box
6-ID Number, which were previously placed on the form to comply with
HAVA. EAC also proposes a technical amendment to 11 CFR
9428.4(a)(6)(ii) to include the Privacy Act notice provided when the
social security number is requested or required.
EAC invites comments on the proposed regulation, at 11 CFR
9428.4(a)(6), and specific suggestions for the instructions for Box 6-
ID Number to provide clear direction to applicants.
B. Additional Information Required
HAVA, at 42 U.S.C. 15483(b)(4)(A)(i)-(iii), requires that the
following four statements be included on the form: (1) The question
``Are you a citizen of the United States of America?'' and boxes for
the applicant to check to indicate whether the applicant is or is not a
citizen of the United States; (2) the question ``Will you be 18 years
of age on or before election day?'' and boxes for the applicant to
check to indicate whether or not the applicant will be 18 years of age
or older on election day; (3) the statement ``If you checked `no' in
response to either of these questions, do not complete this form''; and
(4) a statement informing the applicant that if the form is submitted
by mail and the individual is registering for the first time,
additional documentation must be submitted with the mail-in
registration form in order to avoid having to provide it upon voting
the first time. The referenced documentation requirements and relevant
implementation provisions are addressed at 42 U.S.C. 15483(b)(1)-(3).
EAC proposes to amend 11 CFR 9428.4(b) to recognize that Federal
requirements other than the NVRA may affect the listed requirements--
for example, the Privacy Act and HAVA--and to insert in the subsequent
list the four HAVA items described above. The elements of the Federal
form required by HAVA are in addition to those previously included by
the NVRA. Therefore, nothing in the original FEC regulations or
corresponding language on the Federal form should be revised or
deleted. The insertion of the items will require the renumbering of the
regulations.
The inclusion of the question ``Will you be 18 years of age on or
before election day?'' that is mandated by 42 U.S.C. 15483(b)(4)(A)(ii)
requires additional amendment to the NVRA regulations. Several States
permit persons under age 18 to use a voter registration form to
register and to vote in primary elections if they will be 18 years of
age by the date of the general election. Further, other States permit
persons under age 18 to use a voter registration form to pre-register
to vote so that upon achieving 18 years of age, that applicant is
registered to vote.
Due to differences in State age eligibility requirements, EAC
proposes to amend 11 CFR 9428.4(b)(3) to provide for the placement of a
notice underneath the sentence on the application that instructs
applicants not to complete the form if they checked ``No'' in response
to either question: The notice will advise applicants to review their
State-specific instructions for rules regarding eligibility to register
prior to age 18. The effect of this proposal is to retain the current
exception notice, placed on the form in 2003 to accommodate State age
eligibility requirements.
Under HAVA, at 42 U.S.C. 15483(b)(1) and (2), first-time voters
have additional documentation requirements that must be included along
with the application. First-time voters are individuals who have not
``previously voted in an election for Federal office in the State'' or
who have not ``previously voted in such an election in the jurisdiction
and the jurisdiction is located in a State that does not have a
computerized list that complies with the requirements of'' 42 U.S.C.
15483(a), 42 U.S.C. 15483(b)(1)(B). First-time voters who register by
mail must provide current and valid photo identification in person (or
a copy of such photo identification if voting by mail), or they must
provide a copy of another document, such as a current utility bill or
bank statement, that shows their name and address before they will be
allowed to vote. This requirement does not apply if the voter includes
a copy of current and valid photo identification or other acceptable
documentation as part of his or her voter registration application. 42
U.S.C. 15483(b)(3)(A). This requirement also does not apply to an
individual who is entitled to vote by absentee ballot under the
Uniformed and Overseas Citizens Absentee Voting Act, at 42 U.S.C.
1973ff-1 et seq.; who is provided the right to vote otherwise than in
person under Section 3(b)(2)(B)(ii) of the Voting Accessibility for the
Elderly and Handicapped Act, at 42 U.S.C. 1973ee-1(b)(2)(B)(ii); or who
is entitled to vote otherwise than in person under any other Federal
law. Additionally, this requirement is inapplicable to those who submit
either a driver's license number or the last four digits of the
individual's social security number, and the State or local election
official matches the information with an existing State identification
record bearing the same number, name, and date of birth. 42 U.S.C.
15483(b)(3)(B).
While the 2008 Election Administration & Voting Survey indicates
that all States have a computerized list, the type of list and voter
identification requirements vary from State to State. Given the
potential variations among the States, EAC
[[Page 47732]]
proposes to amend 11 CFR 9428.4(b) to require that an instruction be
placed on the Federal form for first-time voters who register by mail
advising them: (1) Of the acceptable forms of voter identification
documents; (2) to review their State-specific instructions to determine
if they must provide the documentation with the application to avoid
having to provide it the first time they vote; and (3) of Federal
statutes under which certain persons entitled to vote by absentee
ballot are exempt from providing such documentation.
EAC seeks comment on how the current form and corresponding
regulations should be revised to incorporate the first-time voters who
register by mail provisions and the variations in the provision's
application in a concise and clear manner.
IV. Format of the National Mail Voter Registration Form
The current regulations contain specifications for a sealable
application printed on card stock to facilitate the submission of the
form by mail and to withstand the subsequent handling by the postal
service and election officials. The format requirements for the Federal
form are set forth at 11 CFR 9428.5. This regulation addresses size,
layout, color, signature field, and type size requirements for the
form. EAC proposes to change the current requirements related to format
to facilitate the inclusion of any required voter identification
document. Specifically, EAC proposes to remove any reference to a
``card'' in 11 CFR 9428.5, including the references to postal service
stock, weight regulations, and the perforated fold. In addition, EAC
proposes to delete 11 CFR 9428.5(c)(1)-(2), which include the layout
requirement for a sealable application, and any references to a two-
sided application. Paragraph Sec. 9428.5(c)(3) will become paragraph
(c).
In lieu of a sealable, two-sided application card that meets postal
service regulations and includes address lines to be completed by the
applicant using the State information provided, EAC proposes to adopt
requirements for a lighter weight application that can be enclosed,
along with any required documentation, in an envelope when submitted by
mail. Instructions relating to this proposed change are already
contained on the form in the instruction entitled ``How to Submit Your
Application.'' This instruction directs the applicant to enclose the
application, along with any required voter identification document, in
an envelope and to affix sufficient first-class postage. Inclusion of
this instruction on the form will require additional language in the
regulations. Accordingly, EAC proposes to amend 11 CFR 9428.4(b) by
adding a new requirement for this instruction.
EAC moreover proposes to amend the format-specific regulations to
accommodate first-time voters who register by mail. The current format
specifications cannot be implemented easily with the HAVA requirements
using the sealable application card because documentation submitted
with the card could be lost in the mail. Because this lighter weight
stock does not meet postal service regulations for postcard mailings,
such applications either have to be submitted by mail in an envelope
addressed to the proper authority or submitted in person. The proposed
revision to the format regulations and the corresponding specifications
would require all States that accept the Federal form to accept the
form on lighter weight paper.
EAC seeks comment on its proposed amendment of the current format-
specific regulations, especially as to how it may affect the submission
of the application by applicants and the subsequent handling of the
application by election officials.
V. Technical Amendments
EAC proposes several technical amendments to 11 CFR 9428. First, 11
CFR 9428.1 should be amended to clearly identify that EAC is the agency
responsible for issuing regulations under the NVRA and to clarify that
the regulations are impacted by the passage of HAVA. Second, 11 CFR
9428.3 is similarly amended to clarify that Subpart B of the
regulations contains the requirements for the Federal form. Finally,
there are a number of sections which contain dates that are no longer
relevant and, therefore, should be deleted. These dates are contained
in 11 CFR 9428.6(a) and 9428.7(c).
Title 11 CFR 9428.6 contains a list of information that each State
is to provide to EAC regarding its State-specific instructions. Title
11 CFR 9428.6(a) specifies a deadline for each State to provide the
information for its initial State-specific instructions to the FEC
after the NVRA was enacted. Paragraph (a) states currently that ``Each
chief State election official shall certify to the EAC within 30 days
after July 25, 1994.'' EAC proposes that 11 CFR 9428.6(a) be amended to
reflect that the information included in this subsection is required to
appear in the State-specific instructions.
Should the public wish to see previous requirements, those remain
available through archived versions of the Code of Federal Regulations.
Further, should EAC take action in its final rulemaking to remove 11
CFR 9428.6(a), its final rulemaking notice will explain the change. The
Federal Register notice of any final rulemaking will be available
through the printed and electronic versions of the Federal Register for
historical information.
VI. Request for Other Comments
The primary purpose of this notice of proposed rulemaking is to
promulgate regulations necessitated by HAVA about the content and
format of the national mail voter registration form. However, EAC
recognizes that the public may have comments about other aspects of
NVRA regulations under EAC's authority. EAC anticipates issuing a final
rule pertaining to the regulations necessitated by HAVA. EAC may also
issue new regulations about the content and format of the Federal form
and the biennial report to Congress based on the comments it receives
on the topics that follow either in the same final rule or in a
separate final rule.
A. Content and Format of the National Mail Voter Registration Form
EAC encourages comments that seek to improve the content of the
Federal form other than those required by HAVA. EAC is particularly
interested in receiving comments on the following: (1) Providing an
applicant for voter registration the option of inserting an e-mail
address on the Federal form and amend accordingly 11 CFR 9428.4(a)(5)
and Box 5 on the form, and (2) considering ways to accommodate overseas
citizens and military voters, such as through the placement of boxes on
the Federal form for applicants to indicate if they are a military or
overseas citizen, which may assist States in fulfilling the
requirements of the Uniformed and Overseas Citizens Absentee Voting Act
(UOCAVA). EAC seeks comment on these specific areas in addition to
other specific recommendations for changes to the content of the
national mail voter registration form consistent with EAC's authority
under the NVRA and HAVA.
EAC further realizes that additional changes to format might be
necessary or desirable. EAC welcomes recommendations for changes in the
format of the Federal form. Commenters who offer specific suggestions
on how to incorporate elements consistent with the NVRA and HAVA are
urged to consider how their proposed changes would impact format
requirements and, if appropriate, suggest any revisions to 11 CFR
9428.5 that might be necessary should their recommendations be
considered for adoption.
[[Page 47733]]
EAC has created a ``fillable'' Federal form available in an
electronic format on its Web site for use by the public. Persons
wishing to register to vote may access the form on the Web site, fill
the form out, print the form, sign it, and mail it to the appropriate
State address. At this time, EAC has not proposed an amendment to the
current NVRA regulations to address the use of the Federal form in an
electronic format. EAC, however, seeks comment on amending the
regulations to incorporate new technologies to facilitate applicants'
use of the Federal form. EAC is particularly interested in receiving
comments on how EAC's regulations may be amended to accommodate the use
of new technologies in an accessible and usable format, consistent with
Federal statutes and regulations.
B. Report to Congress
While HAVA did not affect the NVRA requirement that EAC submit a
biennial report to Congress, EAC requests NVRA-specific information as
part of its Election Administration and Voting Survey. EAC also uses
this survey to request UOCAVA information. The UOCAVA reporting
deadline, however, is earlier than the current NVRA reporting deadline
at 11 CFR 9428.7(a). EAC believes these deadlines should be uniform.
Title 11 CFR 9428.7 prescribes the data that each State covered by
the NVRA must provide to EAC to enable it to submit the NVRA-required
report to Congress in the year following a Federal election. The
deadline in 11 CFR 9428.7(a) requires each chief State election
official to file the prescribed information by March 31 of each odd-
numbered year. EAC obtains this information via the Election
Administration and Voting Survey. The Survey also contains questions
related to election administration including those prescribed by
UOCAVA, relative to absentee ballots for military and overseas
citizens. Section 102(c) of UOCAVA states ``Not later than 90 days
after the date of each regularly scheduled general election for Federal
office, each State and unit of local government which administered the
election shall (through the State, in the case of a unit of local
government) submit a report to the Election Assistance Commission
(established under the Help America Vote Act of 2002) on the combined
number of absentee ballots transmitted to absent uniformed services
voters and overseas voters for the election and the combined number of
such ballots which were returned by such voters and cast in the
election, and shall make such report available to the general public.''
Since UOCAVA information is obtained from the States via the same
survey containing information used to file the report to Congress
required by the NVRA at 42 U.S.C. 1973gg-7(a), EAC is interested in
receiving public comment on changing the March 31 deadline contained in
11 CFR 9428.7(a) to be consistent with the 90 day submission
requirement specified in UOCAVA.
List of Subjects in 11 CFR Part 9428
Elections, Reporting and recordkeeping requirements.
For the reasons stated in the preamble, EAC proposes to amend its
regulations at 11 CFR part. 9428 as follows:
PART 9428--NATIONAL VOTER REGISTRATION ACT (42 U.S.C. 1973gg-1 et
seq.)
1. The authority citation for part 9428 is revised to reads as
follows:
Authority: 42 U.S.C. 1973gg-1 et seq., 42 U.S.C. 15301 et seq.
2. Revise the first sentence of Sec. 9428.1 to read as follows:
Sec. 9428.1 Purpose & scope.
The regulations in this part implement the responsibilities
delegated to the U.S. Election Assistance 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'') as amended by the Help
America Vote Act of 2002 (Pub. L. 107-252, 116 Stat. 1666, 42 U.S.C.
15301 et seq.).* * *
3. Revise paragraph (c) of Sec. 9428.3 to read as follows:
Sec. 9428.3 General Information.
* * * * *
(c) States shall accept, use, and make available the form described
in this subpart.
4. Amend Sec. 9428.4 as follows:
a. Revise paragraphs (a)(6);
b. Redesignate paragraphs (b)(1) through (b)(7) as (b)(6) through
(b)(12);
c. Revise the introductory text of (b); and
d. Add new paragraphs (b)(1) through (b)(5).
Sec. 9428.4 Contents.
(a) * * *
(6) Voter Identification number as required or requested by the
applicant's State of residence for election administration purposes or
as required by Federal law.
(i) The application shall direct the applicant to consult the
accompanying State-specific instructions to determine what type of
voter identification number is required or requested by the applicant's
State or by Federal law affecting that State.
(ii) For each State that requests or requires the applicant's full
social security number as its voter identification, the State's Privacy
Act notice required at 11 CFR 9428.6(c) shall be reprinted with
instructions for that State.
* * * * *
(b) Additional information required by Federal law. (42 U.S.C.
1973gg-7(b) (2) and (4) and the Help America Vote Act of 2002, 42
U.S.C. 15483(b)(4)(i)-(iv)). The form shall also:
(1) Include the question ``Are you a citizen of the United States
of America?'' and boxes for the applicant to check to indicate whether
the applicant is or is not a citizen of the United States.
(2) Include the question ``Will you be 18 years of age on or before
election day?'' and boxes for the applicant to check to indicate
whether or not the applicant will be 18 years of age or older on
election day.
(3) With regard to the statements required in paragraphs (b)(1) and
(b)(2) of this section, include the statements ``If you checked `no' in
response to either of these questions, do not complete this form.'' and
``(Exception: If you will be under 18 years of age as of the next
election, you may complete this form if your State-specific
instructions for item 9 on the form indicate that you are eligible to
register to vote now.)''
(4) Include instructions for first-time voters who register by mail
that include the list of acceptable voter identification documents,
reference to the State instructions so that applicants may determine if
they must provide this documentation with the application to avoid
having to provide it the first time they vote, and the reference to
Federal statutes under which certain persons are entitled to vote by
absentee ballot and are exempt from providing such documentation.
(5) Include an instruction advising applicants how to mail their
completed application.
* * * * *
5. Revise paragraphs (a), (b), and (c) of Sec. 9428.5 to read as
follows:
Sec. 9428.5 Format.
(a) The application shall conform to the technical specifications
described in this Chapter.
(b) Size. The application shall consist of the top half of an 8.5''
by 11'' sheet of paper. The bottom half of the paper shall contain
space for the information set forth at Sec. 9428.4(c) of this part.
[[Page 47734]]
(c) Layout. Both sides of the application shall contain space
designated ``For Official Use Only.''
* * * * *
6. Amend Sec. 9428.6 by revising paragraph (a) introductory text
to read as follows:
Sec. 9428.6 Chief State Election Official.
(a) The following information shall be included for each state in
the State-specific instructions on the form:
* * * * *
Sec. 9428.7 [Amended]
7. Remove paragraph (c) of Sec. 9428.7.
Donetta L. Davidson,
Chair, U.S. Election Assistance Commission.
[FR Doc. 2010-19514 Filed 8-6-10; 8:45 am]
BILLING CODE 6820-KF-P