National Voter Registration Act, 47729-47734 [2010-19514]

Agencies

• Election Assistance Commission

[Federal Register Volume 75, Number 152 (Monday, August 9, 2010)]
[Proposed Rules]
[Pages 47729-47734]
From the Federal Register Online via the Government Printing 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: https://www.regulations.gov. 
Follow the instructions for submitting comments. Those commenting are 
strongly encouraged to submit comments via https://www.regulations.gov 
to ensure timely receipt and consideration.
     E-mail: NVRAregs@eac.gov. 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 https://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 NVRAregs@eac.gov.

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 https://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: https://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