August 16, 2010 

TESTIMONY OF PROJECT VOTE 

SUBMITTED TO THE ELECTION ASSISTANCE COMMISSION 

AUGUST 18, 2010 

ORLANDO, FLORIDA 

Project Vote appreciates the opportunity to submit this testimony regarding the EAC’s proposed 

changes to the National Voter Registration Act (NVRA) regulations. Project Vote is a national 

nonpartisan, nonprofit organization that promotes voting in historically underrepresented 

communities. Through its research, advocacy, and direct legal services, Project Vote works to 

ensure that these constituencies are able to fully participate in American civic life by registering 

and voting. 

At the outset, we would like to recognize the significant contribution the NVRA has made in 

increasing civic participation among Americans of all racial and ethnic groups. We are 

confident that this important civil rights law will continue to have an even more dramatic impact 

in the future. 

We understand the EAC’s desire to make certain technical changes to the NVRA regulations so 

as to conform them to the requirements of federal legislation, such as the Help America Vote 

Act, that has been enacted since they were promulgated. We also have no objection to updating 

the regulations by removing long-past deadlines and other dates that are now irrelevant. At the 

same time, Project Vote urges caution lest the EAC tinker too much with the federal mail 

registration form that has given so many previously disenfranchised Americans a simple way to 

register to vote since the enactment of the NVRA. In other words, the “usability and clarity” of 

the form are perfectly satisfactory as it is. 

The following are our views on some of the EAC’s particular proposals to amend the regulations 

governing the federal mail registration form and the EAC’s biennial report to Congress, the two 

issues over which the agency has regulatory authority. 

1. Voting Eligibility Prior to Age Eighteen:

Project Vote has been actively engaged in state law reform efforts to “pre-register” eligible 

voters at ages 16 or 17, policies that have been found to increase young peoples’ enthusiasm 

about voting and inculcate the value of civic participation. Therefore, we applaud the EAC’s 

recognition that recent state variations on the usual age requirement of 18 now necessitate a 

reference to state-specific rules on the federal form, advising the young applicant to look at state 

instructions in order to determine whether a special age-related eligibility requirement applies 

(the proposal to add such language to 111 CFR § 9428.4(b)(3)). 

 .../ 

737 1⁄2 8th Street SE ▪ Washington, D.C. 20003 

1.202.546.4173 ▪ www.projectvote.org 
Page Two 

Testimony of Project Vote 

August 16, 2010 

2. Identification Requirements for First-Time Voters

The proposed change to § 9428.4(b)(4) is more problematic. It implies that states may require

HAVA-mandated identification for first time voters who registered by mail to be provided along 

with the registration application. In fact, however, the law allows the voter the option of 

producing identification at the polling place. This proposed regulation should be revised to make 

clear that a successful applicant for voter registration by mail who has not enclosed acceptable 

ID with the application shall be instructed by the state that he will be required to provide it at the 

polling place. Similarly, the instruction entitled “How to Submit Your Application” should 

explain the two options for presenting identification documents. 

3. Format and Paper Weight

Project Vote has no objection to the format change to 11 CFR 9428.5 eliminating the 

requirement of a sealable form and allowing lighter weight paper suitable for enclosure in an 

envelope. This change will give more flexibility to applicants, and also to voter registration 

drives that make multiple copies of the form for distribution in the community. 

4. Providing Email Address on Form

Project Vote supports the idea of allowing the applicant to supply an email address on the form, 

preferably as an explicit alternative to the optional phone number in Box 5. The Box would then 

read, “Telephone number and/or email address (optional).” 

5. Electronic Submission of Federal Form

On a related point, the creation of an electronic federal form, one that could be submitted directly 

from a computer, would be a great convenience for those who have access to computers. 

However, our specific views on such an innovation would depend on the details. Where does the 

form go when the applicant hits “send”—to the EAC, to the state identified by the applicant, or 

somewhere else? Is there an immediate acknowledgement that the applicant’s form has been 

received and is complete (though obviously not verified), so that one who is using a library 

computer, for example, would know that he has actually applied? What mode(s) of 

communication would election authorities use to contact the applicant so that someone without 

regular access to a computer would still be apprised of the status of her application? These and 

other issues must be explored so that the system created would be most user-friendly and least 

injurious to people on the wrong side of the “digital divide.” 

 

.../ 

737 1⁄2 8th Street SE ▪ Washington, D.C. 20003 

1.202.546.4173 ▪ www.projectvote.org 
Page Three 

Testimony of Project Vote 

August 16, 2010 

6. Deadline for Submission of Information to EAC

Finally, Project Vote supports the proposal to change the reporting deadline in 11 CFR 9428.7(a) 

to 90 days after federal general elections, to make it consistent with the reporting deadline for 

UOCAVA data. This would make it simpler for election administrators to comply with a 

uniform deadline, and give the EAC the information it needs a bit earlier. 

Project Vote is grateful for the opportunity to present our views on these important matters of 

election administration, and we look forward to working with the EAC staff to further refine and 

improve the regulations going forward. 

737 1⁄2 8th Street SE ▪ Washington, D.C. 20003 

1.202.546.4173 ▪ www.projectvote.org