Consideration of Administrative Transfer of national Voter Registration Act Regulations
The Help America Vote Act of 2002 (Pub. L. 107-252, 116 Stat. 1727, 42 U.S.C. 15532) transferred authority to promulgate regulations under the National Voter Registration Act of 1993 (NVRA) (Pub. L. 93- 31, 197 Stat. 77, 42 U.S.C. 1973gg-1 et. seq. at 41 U.S.C. 1973gg-7(a)) from the Federal Election Commission (FEC) to the Election Assistance Commission (EAC). The EAC is presently considering the administrative transfer of NVRA regulations previously adopted and maintained by the FEC. These regulations are currently located at 11 CFR Part 8. In accordance with the Administrative Procedures Act (APA), this administrative transfer of the regulations would make no substantive changes to the FEC regulations and would be made without public comment. The only changes made would be technical, such as the address and contact information for the responsible agency. Following this administrative transfer of the regulations, the EAC would begin efforts to substantively amend the rules. This rulemaking process would include substantial public involvement, including public notice and comment pursuant to the APA. The EAC currently seeks public comment on whether the agency should administratively transfer regulations previously adopted and maintained by the FEC regarding the NVRA, currently located at 11 CFR Part 8, and then substantively amend those rules. Please note that the EAC does not seek substantive comment on the content of the existing regulations or potential modifications to the regulations.