STATEMENT OF AMERICAN ASSOCIATIO N OF PEOPLE WITH DISABILITIES,
DEMOS, L GUE OF WOMEN VOTERS OF THE UNITED STATES, AND PROJECT VOTE AWYERS’ COMMITTEE FOR CIV IL RIGHTS UNDER LAW, LEA

SUBMITTED TO THE ELECTION ASSISTANCE COMMISSION
AUGUST 18, 2010
ORLANDO, FLORIDA

The undersigned organizations submit the following comments in connection with the Election Assistance Commission’s (EAC) August 18, 2010 hear ing.  We appreciate the agency’s willingness to receive testimony about its biennial report to Congress (stated at p. 14 of the Notice of Proposed Rulemaking) and hope that our

iews will help to inform the jud gment of the EAC as it considers issuing regulations v or other guidance on the biennial report.

All of our organizations are dedicated to improving the system of elections and promoting civic engagement by making voter registration more ac cessible to traditionally underserved communities, such as disabled and low income Americans and racial minorities.  In partic ular, we do a significant amou nt of work related to the National Voter Registration Act of 1993 (NVRA).  Consequent ly, we rely on the

Election Assistance Commission for its biennial NVRA report and the data on state compliance contained with it.  We have carefully read the EAC reports, and the FEC reports before them, and would l ike to share with you our obser vations and

ecommendations for fulfilling t he Commission’s monitoring and reporting r responsibility.

The EAC’s report to Congress can and should be used as an oppor tunity to underscore the states’ obligation to implement the NVRA and to report on its impact on election administration. By these means, the efficacy of the NVRA may be evaluated continuously, based up on an accurate picture of the l aw’s implementation in the states, and compliance wi ll be promoted.  We believe tha t the following

ecommendations regarding the bien nial report would result in a more complete r picture of NVRA implementation and would lead to improved state compliance:

1. The EAC, within the biennial report, should include a detail ed discussion of NVRA implementation and compliance pr oblems encountered by states as a predicate to its responsibility to make “reco mmendations for improvements in Federal and State procedures, forms, and other matters.”  Such information is fre quently supplied to the EAC by state and local elect ion officials themselves, who c ontact the agency with questions or observations concerning the administration of elec tions.  A more comprehensive discussion of state compliance should also draw o n survey data, as

ell as information fro m other sources, such as application for m design, training w manuals, and findings adduced in litigation or consent decrees.

When the FEC produced the bienni al report (prior to the report on the 2003‐2004 election cycle), it consistently included such a discussion.  O ften without naming thestates involved (though doing so would have been helpful), the report described various problems, such as motor vehicle or Section 7 agencies n ot transmitting applications promptly, not using the proper forms, or failing t o train their staff to

elp applicants to register.   S ince the EAC assu med responsibi lity for the biennial h report, it has not consistently included this type of analysis.

We would also like to note our particular concern that the most recent report to Congress actually mischaracterize d agency responsibilities with regard to NVRA compliance.  At page 9, for exam ple, the report recommended that states “encourage their public service agencies to remind voters to check and upd ate their registration information,” and that states “e ncourage” agencies to distribut e voter registration forms, whereas the law requires these agencies to distribute voter registration forms and provide the public with assistance completing these forms. Moreover, the law requires that agencies assist cli ents not just with updating th eir registrations but

lso with registering for the first time. This inaccuracy shoul d be corrected in the a next biennial report, if not sooner.

2.  In order to facilitate the collection and reporting of accu rate voter registration data, the EAC should provide sta tes with increased direction an d technical assistance regarding the collection of data required for the bi ennial report. In this regard, it has become clear over several reporting periods that there is a need for some states to take steps to imp rove significantly the accuracy of the data they collect and report regarding NVRA registration sources. Reporti ng the source of voter registration applications c ould be made much easier and m ore accurate if

states used discreet source code s on the voter registration app lications provided to agencies.  Some states already use such procedures or similar t echniques, which do not violate privacy laws.  It sh ould also be noted that there a re a few states that, in recent reporting periods, have fa iled to report any data at all .  This fact should be noted prominently in the report.

3. The EAC report should include a complete list of each state’ s designated agencies and the department under which t hey fall, as has been done in s ome past reports. This will provide clarity as to which specific agencies the sta te views as falling

ithin the requirements of Secti on 7 of the NVRA, and will allo w users of the report

te. w to better understand which additi onal agencies have been design ated by the sta

4. Forthcoming reports should include a brief statement on the status of NVRA litigation, as well as court ord ers or consent decrees entered during the reporting period.    The information itself is clearly germane to an assessment of the impact of

the NVRA on the administration o f elections, and it is thus an appropriate part of the

AC’s report to Congress.  In addi tion, having a current summar y of legal action all E in one place would be useful for election officials.

5.  The EAC should make a complete , systematic review of State practices with respect to “State procedures, form, and other matters,“ since t he NVRA requires the biennial report to make “recommendations for improvements” in t hese areas.  Theresults of this review should be featured in the next report to Congress.  Our own reviews have found that many sta te forms simply do not conform to the mandates of the NVRA.  For example, the vote r information (sometimes called “declination”) forms are frequently incorrectly worded, and occasionally not u sed at all.

We appreciate the opportunity to s ubmit this statement regardin g the EAC’s biennial report to Congress and suggestions for improving it. Please feel free to correspond with any of the unders igned organizations if you wis h to further discuss

our observations or recommendations.  We look forward to workin g with you to

ake the EAC reports more useful and instructive to the public and to state and

ocal election officials. m l

SIGNATORIES:

The American Association of Peopl e with Disabilities is the cou ntry's largest membership organization of peopl e with disabilities, founded by the visionaries

who created the Americans with D isabilities Act. Our mission is to increase the political, economic and social power of the nation's largest mi nority.

The Democracy Program at Dēmos, a non‐partisan public policy research and advocacy organization, undertake s litigation, advocacy, researc h and public education to advance a diverse and inclusive democracy reform m ovement across he U.S., focusing on reform effo rts that will lower barriers t o participation for t populations that have historically been disfranchised from the political process.

The Lawyers' Committee for Civil Rights Under Law is a nonparti san, nonprofit organization whose principal mi ssion is to secure, through the rule of law, equal justice under law.  The Voting Rights Project of the Lawyers’ C ommittee, with the assistance of private law firms, seeks to achieve equality and protect advances in voting rights for racial and ethnic minorities, as well as othe r traditionally

isenfranchised groups, through an integrated program of litiga tion, voter d protection, research, advocacy, and education.

The League of Women Voters of the United States is a nonpartisa n, community‐ based organization that promotes political responsibility by encouraging Americans to participate actively in gover nment and the electoral process .  Founded in 1920 as an outgrowth of the struggle to w in voting rights for women, th e League now has ore than 150,000 members and supporters, and is organized in m ore than 850 m communities and in every State.

Project Vote is a national nonpa rtisan, nonprofit organization that promotes voting in historically underrepresented communities. Through its resea rch, advocacy, and direct legal services, Project V ote works to ensure that these constituencies are able to fully participate in American civic life by registering and voting.