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. 

This document shows the proposed changes to the regulations pertaining to the NVRA as 

outlined in the Notice of Proposed Rulemaking (NPRM). You can view the entire NPRM 

at 75 FR 47729, www.regulations.gov (docket EAC-2010-0025) or on the EAC Web site 

at http://www.eac.gov/national_voter_registration_act/proposed_regulations.aspx 

Deletions are shown in red, strikethrough text with yellow highlighting. Insertions are 

shown in black, underlined text with light blue highlighting. 
Title 11: Federal Elections

Subpart A—General Provisions

§ 9428.1 Purpose & scope. 

§ 9428.2 Definitions.

Subpart B—National Mail Voter Registration Form

§ 9428.3 General information. 

§ 9428.4 Contents. 

§ 9428.5 Format. 

§ 9428.6 Chief state election official.

Subpart C—Recordkeeping and Reporting

§ 9428.7 Contents of reports from the states. 

Authority: 42 U.S.C. 1973gg–1 et seq., 42 U.S.C. 15301 et seq.

Source: 59 FR 32323, June 23, 1994, unless otherwise noted. Redesignated at 74 FR 

37520, July 29, 2009. 

Subpart A—General Provisions 

§ 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. They describe the format and contents of the national mail voter registration form 

and the information that will be required from the states for inclusion in the 

Commission's biennial report to Congress. 

§ 9428.2 Definitions. 

As used in this part: 

(a) Form means the national mail voter registration application form, which 

includes the registration application, accompanying general instructions for 

completing the application, and state-specific instructions. 

(b) Chief state election official means the designated state officer or employee 

responsible for the coordination of state responsibilities under 42 U.S.C. 1973gg–

8. 
(c) Active voters means all registered voters except those who have been sent but 

have not responded to a confirmation mailing sent in accordance with 42 U.S.C. 

1973gg–6(d) and have not since offered to vote. 

(d) Inactive voters means registrants who have been sent but have not responded 

to a confirmation mailing sent in accordance with 42 U.S.C. 1973gg–6(d) and 

have not since offered to vote. 

(e) Duplicate registration application means an offer to register by a person 

already registered to vote at the same address, under the same name, and (where 

applicable) in the same political party. 

(f) State means a state of the United States and the District of Columbia not 

exempt from coverage under 42 U.S.C. 1973gg–2(b). 

(g) Closed primary state means a state that requires party registration as a

precondition to vote for partisan races in primary elections or for other 

nominating procedures. 

Subpart B—National Mail Voter Registration Form 

§ 9428.3 General information. 

(a) The national mail voter registration form shall consist of three components: 

An application, which shall contain appropriate fields for the applicant to provide 

all of the information required or requested under 11 CFR 9428.4; general 

instructions for completing the application; and accompanying state-specific 

instructions. 

(b) The state-specific instructions shall contain the following information for each 

state, arranged by state: the address where the application should be mailed and 

information regarding the state's specific voter eligibility and registration 

requirements. 

(c) States shall accept, use, and make available the form described in this section

subpart. 

[59 FR 32323, June 23, 1994. Redesignated and amended at 74 FR 37520, July 29, 

2009] 

§ 9428.4 Contents. 

(a) Information about the applicant. The application shall provide appropriate 

fields for the applicant's: 

(1) Last, first, and middle name, any suffix, and (optional) any prefix; 

(2) Address where the applicant lives including: street number and street 

name, or rural route with a box number; apartment or unit number; city, 

town, or village name; state; and zip code; with instructions to draw a 

locational map if the applicant lives in a rural district or has a non-
traditional residence, and directions not to use a post office box or rural 

route without a box number; 

(3) Mailing address if different from the address where the applicant lives, 

such as a post office box, rural route without a box number, or other street 

address; city, town, or village name; state; and zip code; 

(4) Month, day, and year of birth; 

(5) Telephone number (optional); and 

(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 number, the state's 

Privacy Act notice required at 11 CFR 9428.6(c) shall be reprinted 

with the instructions for that state. 

(7) Political party preference, for an applicant in a closed primary state. 

(i) The application shall direct the applicant to consult the 

accompanying state-specific instructions to determine if the 

applicant's state is a closed primary state. 

(ii) The accompanying instructions shall state that if the applicant 

is registering in a state that requires the declaration of party 

affiliation, then failure to indicate a political party preference, 

indicating “none”, or selecting a party that is not recognized under 

state law may prevent the applicant from voting in partisan races in 

primary elections and participating in political party caucuses or 

conventions, but will not bar an applicant from voting in other 

elections. 

(8) Race/ethnicity, if applicable for the applicant's state of residence. The 

application shall direct the applicant to consult the state-specific 

instructions to determine whether race/ethnicity is required or requested 

by the applicant's state.

(b) Additional information required by the Act_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. 

(16) Specify each eligibility requirement (including citizenship). The 

application shall list U.S. Citizenship as a universal eligibility requirement 

and include a statement that incorporates by reference each state's specific 

additional eligibility requirements (including any special pledges) as set 

forth in the accompany state instructions; 

(27) Contain an attestation on the application that the applicant, to the best 

of his or her knowledge and belief, meets each of his or her state's specific 

eligibility requirements; 

(38) Provide a field on the application for the signature of the applicant, 

under penalty of perjury, and the date of the applicant's signature; 

(49) Inform an applicant on the application of the penalties provided by 

law for submitting a false voter registration application; 

(510) Provide a field on the application 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; 

(611) State that if an applicant declines to register to vote, the fact that the 

applicant has declined to register will remain confidential and will be used 

only for voter registration purposes; and 

(712) State that if an applicant does register to vote, the office at which the 

applicant submits a voter registration application will remain confidential 

and will be used only for voter registration purposes. 
(c) Other information. The form will, if appropriate, require an applicant's former 

address or former name or request a drawing of the area where the applicant lives 

in relation to local landmarks. 

[59 FR 32323, June 23, 1994; 59 FR 40639, Aug 9, 1994. Redesignated and amended at 

74 FR 37520, July 29, 2009] 

§ 9428.5 Format. 

(a) The application shall conform to the technical specifications described in the 

Commission's National Mail Voter Registration Form Technical Specifications.

this Chapter.

(b) Size. The application shall consist of a 5” by 8” application card of sufficient 

stock and weight to satisfy postal regulations. The application card shall be 

attached by a perforated fold to another 5” by 8” card that the top half of an 8.5” 

by 11” sheet of paper. The bottom half of the paper shall_contains space for the 

information set forth at 11 CFR 9428.4(c) of this part. 

(c) Layout. 

(1) The application shall be sealable.

(2) The outside of the application shall contain an appropriate number of 

address lines to be completed by the applicant using the state information 

provided.

(3) Both sides of the application card shall contain space designated “For 

Official Use Only.” 

(d) Color. The application shall be of ink and paper colors of sufficient contrast to 

permit for optical scanning capabilities. 

(e) Signature field. The application shall contain a signature field in lieu of a 

signature line. 

(f) Type size. 

(1) All print on the form shall be of the largest practicable type size. 

(2) The requirements on the form specified in 11 CFR 9428.4(b)(1), (6), 

and (7) shall be in print identical to that used in the attestation portion of 

the application required by 11 CFR 9428.4(b)(2). 

[59 FR 32323, June 23, 1994. Redesignated and amended at 74 FR 37520, July 29, 2009] 

§ 9428.6 Chief state election official. 

(a) Each chief state election official shall certify to the Commission within 30 

days after July 25, 1994 The following information shall be included for each 

state in the State-specific instructions on the form: 
(1) All voter registration eligibility requirements of that state and their 

corresponding state constitution or statutory citations, including but not 

limited to the specific state requirements, if any, relating to minimum age, 

length of residence, reasons to disenfranchise such as criminal conviction 

or mental incompetence, and whether the state is a closed primary state. 

(2) Any voter identification number that the state requires or requests; and 

(3) Whether the state requires or requests a declaration of race/ethnicity; 

(4) The state's deadline for accepting voter registration applications; and 

(5) The state election office address where the application shall be mailed. 

(b) If a state, in accordance with 11 CFR 9428.4(a)(2), requires the applicant's full 

social security number, the chief state election official shall provide the 

Commission with the text of the state's privacy statement required under the 

Privacy Act of 1974 (5 U.S.C. 552a note). 

(c) Each chief state election official shall notify the Commission, in writing, 

within 30 days of any change to the state's voter eligibility requirements or other 

information reported under this section. 

[59 FR 32323, June 23, 1994. Redesignated and amended at 74 FR 37520, July 29, 

2009] 

Subpart C—Recordkeeping and Reporting 

§ 9428.7 Contents of reports from the states. 

(a) The chief state election official shall provide the information required under 

this section with the Commission by March 31 of each odd-numbered year 

beginning March 31, 1995 on a form to be provided by the Commission. Reports 

shall be mailed to: National Clearinghouse on Election Administration, Election 

Assistance Commission, 1225 New York Avenue, NW., Washington, DC 20005. 

The data to be reported in accordance with this section shall consist of 

applications or responses received up to and including the date of the preceding 

federal general election. 

(b) Except as provided in paragraph (c) of this section, the report required under 

this section shall include: 

(1) The total number of registered voters statewide, including both 

“active” and “inactive” voters if such a distinction is made by the state, in 

the federal general election two years prior to the most recent federal 

general election; 

(2) The total number of registered voters statewide, including both 

“active” and “inactive” voters if such a distinction is made by the state, in 

the most recent federal election; 

(3) The total number of new valid registrations accepted statewide 

between the past two federal general elections, including all registrations 
that are new to the local jurisdiction and re-registrations across 

jurisdictional lines, but excluding all applications that are duplicates, 

rejected, or report only a change of name, address, or (where applicable) 

party preference within the local jurisdiction; 

(4) If the state distinguishes between “active” and “inactive” voters, the 

total number of registrants statewide that were considered “inactive” at the 

close of the most recent federal general election; 

(5) The total number of registrations statewide that were, for whatever 

reason, deleted from the registration list, including both “active” and 

“inactive” voters if such a distinction is made by the state, between the 

past two federal general elections; 

(6) The statewide number of registration applications received statewide 

(regardless of whether they were valid, rejected, duplicative, or address, 

name or party changes) that were received from or generated by each of 

the following categories: 

(i) All motor vehicle offices statewide; 

(ii) Mail; 

(iii) All public assistance agencies that are mandated as registration 

sites under the Act; 

(iv) All state-funded agencies primarily serving persons with 

disabilities; 

(v) All Armed Forces recruitment offices; 

(vi) All other agencies designated by the state; 

(vii) All other means, including but not limited to, in person, 

deputy registrars, and organized voter registration drives delivering 

forms directly to registrars; 

(7) The total number of duplicate registration applications statewide that, 

between the past two federal general elections were received in the 

appropriate election office and generated by each of the categories 

described in paragraphs (b)(6) (i) through (vii) of this section; 

(8) The statewide number of confirmation notices mailed out between the 

past two federal general elections and the statewide number of responses 

received to these notices during the same period; 

(9) Answers to a series of questions with categorical responses for the 

state to indicate which options or procedures the state has selected in 

implementing the NVRA or any significant changes to the state's voter 

registration program; and 

(10) Any additional information that would be helpful to the Commission 

for meeting the reporting requirement under 42 U.S.C. 1973gg–7(a)(3). 
(c) For the State report due March 31, 1995, the chief state election official need 

only provide the information described in paragraph (b)(2) of this section and a 

brief narrative or general description of the state's implementation of the NVRA.

[59 FR 32323, June 23, 1994 as amended at 59 FR 64560, December 15, 1994. 

Redesignated and amended at 74 FR 37520, July 29, 2009]