Presented by: Secretary of State Voter Registration Services for NVRA Public Assistance Agencies &...

Presented by: Secretary of State

Voter Registration Servicesfor

NVRA Public Assistance Agencies &Agencies Serving People with Disabilities

NVRA/SB 35 Training

Update April 8, 2013

NVRA/SB 35 Training

Why NVRA/SB 35?

National Voter Registration Act Of 1993

SB 35 (Padilla), Chapter 505, Statutes of 2012

Goals:• Enhance voting opportunities for every

American;• Remove the vestiges of discrimination;• Increase voter registration in underserved

communities.2

NVRA/SB 35 Training

NVRA Provisions

Agency-Based Voter Registration

NVRA agencies must offer voter registration to each person who applies for new services or assistance, for renewal, or for a name or address change.

• NVRA agencies include:

• All offices that provide public assistance;

• All offices that provide state-funded programs primarily engaged in providing services to people with disabilities;

• Armed Forces recruitment offices

• BOE, FTB

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NVRA/SB 35 Training

NVRA Provisions (continued)

The NVRA requires agencies to offer voter registration services each time a person requests:

• New services or benefits; or • Renewal or recertification; or • A change of name or address.

“Voter registration services” means:

• Distribute a voter registration card (VRC); • Distribute an NVRA voter preference form (preference form); • Assist with filling out the VRC; • Accept and transmit completed VRCs to elections officials; and • Accept and retain completed preference forms on file for two years. 4

NVRA/SB 35 TrainingSB 35 (Padilla), Chapter 505, Statutes

of 2012SB 35 codifies NVRA in state law, and also requires agencies to:

• Notify county elections office of each office or site within the county (allows county elections office to track and report the NVRA registrations generated by the agency);

• Designate an NVRA/SB 35 coordinator;

• Train employees annually in NVRA implementation;

• Offer minority language forms as required by federal Voting Rights Act.

• For website enrollment, renewal/recertification, or change of name or address transactions:

• Offer an online voter preference form

• Link to California Online Voter Registration: http://RegisterToVote.ca.gov/ 5

http://registertovote.ca.gov/





NVRA/SB 35 Training

Serving People with Disabilities

1. Review/Recert. (e.g., regional center IPP review) Periodic re-evaluation of benefits/needs/eligibility; triggers NVRA voter registration services.

2. Population Mobility: If the consumer has moved, this triggers NVRA.

3. Literacy: Not a prerequisite to register or to vote; voting machines have accessibility features; the SOS produces voting materials in accessible formats.

4. In-home Assistance: Always offer to assist consumers in filling out VRC, regardless of location of NVRA-covered transaction.

5. Age: 17-year-olds can register if they turn 18 by election day. 6

NVRA/SB 35 Training

Serving People with Disabilities (continued)

6. Conservatorship: Doesn’t disqualify; eligible unless: “adjudged mentally incompetent.”

7. Signature: California law allows person to make a mark or use a signature stamp.

8. Plain Language: VRC now has fifth grade reading level; revised NVRA Preference Form.

9. Agency Staff Training: How to comply with NVRA; how to help fill out the VRC.

10. Neutrality: Don’t influence choice to register or party preference.

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NVRA/SB 35 Training

Voter Registration Card (VRC)

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NVRA/SB 35 Training

Where Can I Get a Stack of VRCs?NVRA agencies must get voter registration card (VRCs) supplies from their county elections office, here’s why:

Supplies• County elections officials supply agencies with blank

VRCs.Tracking • County election officials:

• record the serial number range provided to each agency site;

• track completed VRCs as they are returned;

• attribute each VRC received to the proper NVRA agency site.

Reporting:• County elections officials report to the SOS monthly;• SOS publishes NVRA data monthly;• SOS reports to the federal Election Assistance

Commission biennially. 9

NVRA/SB 35 Training NVRA Voter Preference

Form

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If you are not registered to vote where you live now, would you like to apply to register to vote here today? (Check One)

Already registered. I am registered to vote at my current residence address. Yes. I would like to register to vote. (Please fill out the attached voter registration form.) No. I do not want to register to vote.

NOTE: IF YOU DO NOT CHECK A BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME. YOU MAY TAKE THE ATTACHED VOTER REGISTRATION FORM TO REGISTER AT YOUR CONVENIENCE.

___________________________________________________________________ Applicant Name Date

Important Notices

1. Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this

agency. 2. If you would like help in filling out the voter registration form, we will help you. The decision whether to seek or accept help is

yours. You may fill out the voter registration form in private. 3. If you believe that someone has interfered with your right to register or to decline to register to vote, your right to privacy in

deciding whether to register or in applying to register to vote, or your right to choose your own political party preference or other political preference, you may file a complaint with the Secretary of State by calling toll-free (800) 345-VOTE (8683) or you may write to: Secretary of State, 1500 - 11th Street, Sacramento, CA, 95814. For more information on elections and voting, please visit the Secretary of State’s website at www.sos.ca.gov.

01/13 NVRA Voter Preference Form

NVRA/SB 35 Training

Voter Registration Services

Website Services

SB 35 requires agencies to incorporate online NVRA services into benefits enrollment websites.

• E-preference form + link to California Online Voter Registration http://RegisterToVote.ca.gov/

• If your agency offers web-based enrollment, re-enrollment, or change of name or address, please contact the Secretary of State for help with SB 35 compliance.

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NVRA/SB 35 Training


Providing Services in Person and by Mail

• Include preference form and VRC in all packets.

• Offer voter registration services to the person who is filling out the forms, e.g., a parent/guardian completing forms for a baby or young child.

• Offer assistance with completing the VRC.

• Follow up once if the forms don’t come back.

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NVRA/SB 35 Training


“Section 203” Language Requirement

• Federal Voting Rights Act (VRA) requires election materials to be offered in other languages.

• Statewide VRA languages: English and Spanish

• 8 counties are covered for one or more Asian languages.

• Translated VRCs of all 10 languages available from your county election office

• Voter preference forms in all 10 languages are on the SOS NVRA website:

• sos.ca.gov/elections/nvra/training/voter-preference-

forms.htm 13

NVRA/SB 35 Training

Voter Registration ServicesNVRA Coordinator Duties• SB 35 requires each agency to designate an NVRA

coordinator responsible for NVRA implementation at the agency.

• The NVRA coordinator is in charge of ensuring:• County elections office is notified of the agency offices/sites.

• Adequate supplies of VRCs and preference forms in all required languages.

• Preference form and VRC are included in enrollment/re-enrollment packets and with change of name/address forms.

• Employees offer equal assistance

• VRCs forwarded daily to county elections office.

• Employees are trained annually.14

NVRA/SB 35 Training


Training

• SB 35 requires each agency employee who provides NVRA services to receive training at least once a year.

• Can be incorporated into an existing training.

• Must be based on Secretary of State materials.

• County elections officials are available to assist with NVRA training upon request.

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NVRA/SB 35 Training

Beyond the NVRA Minimum

• Add the “Register to Vote” button to the agency’s homepage.

• Keep a supply of VRCs on public counters

• Display voter educational materials

• Order DVDs from the Secretary of State

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NVRA/SB 35 Training

Steps to Compliance

1. Register your agency site(s) and order VRCs with county elections.

2. Check local minority language requirements.3. For paper, provide Preference Form and VRC.4. For website, add NVRA screen and link to COVR.5. Offer equal assistance.6. Retain Preference Forms for 2 years.7. Forward VRCs to county elections daily.8. Train staff annually.9. Appoint an NVRA Coordinator.10. When in doubt, call SOS for help!

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NVRA/SB 35 Training

Secretary of StateElections Division - NVRA Coordinator

1500 11th Street, 5th FloorSacramento, CA 95814

Phone: (916) 657-2166

Email: [email protected]

Website: sos.ca.gov/elections/nvra

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mailto:[email protected]





NVRA/SB 35 Training How to Fill Out a California Voter Registration Card

(VRC)

NVRA “Equal Assistance”

• NVRA requires agencies to assist people if they ask for help with registering to vote.

• NVRA agency staff should be prepared to answer common questions about registering to vote.

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NVRA/SB 35 TrainingHow to Fill Out a California Voter Registration Card

(VRC) Voter Registration Eligibility

RequirementsWho May Register?

You can register to vote in California if you are:

• A citizen of the United States of America;

• A resident of California;

• At least 18 years of age or older on or before Election Day;

• Not in prison, on parole, serving a state prison sentence in county jail, serving a sentence for a felony pursuant to subdivision (h) of Penal Code section 1170, or on post release community supervision; and

• Not found mentally incompetent by a court of law.20

NVRA/SB 35 TrainingHow to Fill Out a California Voter Registration Card

(VRC) Voter Registration Eligibility

RequirementsWho should register?

– Has never registered

– Recently moved to a new address

– Recently changed name (marriage, divorce, etc.)

– Would like to change political party preference

– Would like to start voting by mail

– Has not voted in the last several elections

– Not sure if registered to vote

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NVRA/SB 35 Training

How to Fill Out a California Voter Registration Card (VRC) Voter Registration Eligibility


United States Citizens

• If a person becomes a naturalized citizen after the voter registration deadline, he or she may still register to vote.

• New citizens have the right to register to vote at the county elections office with proof of citizenship until 7 days before the election. CA Elections Code §§ 3500, 3501

Note for Non-U.S. Citizens:

• Instruct the applicant to select “No” on the Preference Form.

• Advise the applicant that NVRA services are available if the applicant later becomes a naturalized citizen.

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NVRA/SB 35 Training


RequirementsWho May Register?Resident of California

A person who lives in California with the intention of remaining indefinitely.

Military and Overseas voters: Federal and California law permits U.S. citizens stationed or living overseas (UOCAVA Voters) to register and vote.

U.S. Citizens who have never lived in the U.S.: California law now permits U.S. citizens who have never lived in the United States to register and vote in California, if California is their parents’ last U.S. residence.

College students: College students may register to vote at their current address. If the current address is temporary residence, the student may continue to use his or her prior residence where he or she was previously registered to vote.

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NVRA/SB 35 Training



A person who will be at least 18 years old by election day.

If a person is not yet 18, but will turn 18 by the next election, the person may register any time before the next election [CA Elections Code § 2000].

Note: Any person who is 17 years old will be eligible to pre-register to vote as soon as the VoteCal Statewide Voter Registration System Project (“VoteCal”) is completed and certified by the Secretary of State.

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NVRA/SB 35 Training


RequirementsVoting Rights for Citizens with Criminal Convictions or in Jail or Prison

Not Eligible• In state prison.• In county jail serving a state prison sentence.• In county jail serving a felony sentence under Penal Code section

1170(h).• On parole, mandatory supervision, or post release community

supervision.

Eligible• In county jail serving a misdemeanor sentence. A misdemeanor

never affects your right to vote. • In county jail because jail time is a condition of probation.• On probation. • Done with parole, mandatory supervision, or post release

community supervision. Your right to vote is automatically restored when parole or supervision is done.

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NVRA/SB 35 Training



Any Person who: Has not been judged by a court to be mentally incompetent.

• Conservatorship alone does not make a person ineligible to vote.

• A judge must make an additional finding that a person is “not capable of completing an affidavit of voter registration.” [CA Elections Code § 2208].

NVRA/SB 35 Training How to Fill Out a California Voter Registration Card (VRC)

Personal Information

Name: Legal name required

Home Address: This must be the address of residence.

• Include apartment number or space number.

• No business addresses or P.O. Boxes.

• If homeless, the applicant must describe location.

Mailing Address: Only if different from residence address.

Date of Birth

U.S. State or Foreign Country of Birth

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HAVA Requirements

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SSN4 or CDL/ID

Federal law requires people registering to vote to fill in either: 1) California Driver License or Identification number; or 2) the last four digits of the Social Security number.

Alternative: County Assigns Unique ID

If an applicant does not have an SSN or CDL/ID, federal law still permits the applicant to register to vote.

The county elections office will assign a unique identifying number.


Political Party Preference

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Choosing a political party preference

•Select one.

•Optional. If the person does not want to choose a political party preference, they should mark: “No Party Preference.”

• By choosing no party preference, a voter may not be able to vote for some parties’ candidates at a primary election for U.S. President or party committee.

• For information on California’s qualified political parties, visit the California Secretary of State’s website: http://voterguide.sos.ca.gov/political-parties/:

http://voterguide.sos.ca.gov/political-parties/








Previously Registered

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Recently Married/Divorced? Recently Moved?

New Name/Address: If the person was registered before under a previous name or address, fill out the previous name and/or address section.

Changing Political Party Preference?

New Party Preference: Re-register to vote with the new party preference by the15th day before the date of the election.


Signature and Date

Applicants Must Sign and Date the VRC

• Unsigned forms are incomplete and cannot be processed by the county elections official.

• If a person is unable to sign:

• Make a mark; a witness 18 or over must write the voter’s name next to the mark and sign their own name in the green box at the bottom of the VRC.

• Use a signature stamp; the voter must stamp and submit the VRC in front of an elections official. [CA Elections Code § 354.5].

• A power of attorney CANNOT be used.31


Signature Stamps

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What Can Be on the Signature Stamp:• The actual signature of the person with the

disability.• A mark or symbol adopted person with the

disability.• A signature of the name of a person with a

disability that is made by another person and adopted by the person with the disability.

Who Can Use a Signature Stamp:• A person with a disability who, by reason of the

disability, is unable to write.• A person acting on behalf of the owner of the

stamp; in the presence of the owner with the owner’s consent.

NVRA/SB 35 Training

Processing Completed VRCs

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NVRA Agency Staff Should:

• Review each card to ensure it is complete and legible;

• Give the applicant the VRC receipt.

• Review for Completeness:

• Applicant answered Yes or No to the following questions:

• Are you a U.S. citizen?

• Will you be 18 or older by the next election?

• Name and address

• Date of birth

• U.S. state or foreign country of birth

• Applicant signed and dated the registration card

The Green Box

• Complete ONLY if agency staff physically fills out the VRC on behalf of the applicant.

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Eligibility Is Determined by the County Elections Office

Forward all completed VRCs to the county elections office.

• Do NOT destroy any completed cards;• Do NOT “flag” completed VRCs in any manner

However: • Date stamping all VRCs is recommended. • OK to fill out green box if you physically filled out

the VRC on the applicant’s behalf.

NVRA/SB 35 Training


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Preference Forms

• Keep the voter preference form. DO NOT mail it to the SOS or the county elections office.

VRCs

• Date stamp completed VRCs the same day.

• Stamp (or write) the date on the card below the postage area on the addressed side of the card.

• VRCs submitted to an NVRA agency on the last day to register (15th day before an election) are timely under the NVRA, even if the elections office doesn’t receive the VRCs until after the deadline.

NVRA/SB 35 Training


NVRA/SB 35 Training

Deadlines for Sending VRCs

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NVRA Rules

Send completed voter registration cards to the county elections office within 10 days of receipt.

If the application is received within 5 days of the voter registration deadline (E-15), send within 5 days of receipt.

Best Practice

Send VRCs out daily. They have a pre-paid stamp!

NVRA/SB 35 Training

Voter Registration Verification

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How do you find out if you are registered to vote?

Voter Notification Card (VNC)

• The county elections office mails a postcard to each newly registered voter.

• The voter should receive the VNC postcard within about 30 days of applying to register to vote.

• If the applicant does not receive a VNC in the mail, the applicant should contact county elections.

• Many county elections offices have a website where voters can check their voter registration status.

NVRA/SB 35 Training

Agency Voter Registration Reporting

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County Elections Officials Track and Report

NVRA agencies do not have to track and report voter registration data.

County elections officials track NVRA registrations from each NVRA agency and report data to the SOS monthly

SOS Posts Monthly Reports

Review SOS NVRA Reports for your agency and county: sos.ca.gov/elections/nvra/sos-reports.htm

SOS Reports to the Federal Government Biennially

The SOS reports NVRA data to the U.S. Election Assistance Commission every two years.

http://www.sos.ca.gov/elections/nvra/sos-reports.htm









NVRA/SB 35 Training

NVRA Prohibitions on Influencing Applicants

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NVRA agency staff shall not:

• Seek to influence an applicant’s political party preference;

• Display any political party preference or allegiance;

• Make any statement to an applicant or take any action to discourage the applicant from registering to vote;

• Make any statement to an applicant or take any action to lead the applicant to believe that registering or not registering will affect the applicant’s eligibility for public services or benefits.

42 U.S.C. § 1973gg–5(a)(5)

NVRA/SB 35 Training

Non-Compliance Consequences

Agencies that fail to comply with NVRA

• Lawsuits from the United States Department of Justice.

• Lawsuits from people who did not receive the opportunity to vote as required by the NVRA.

• Lawsuits from nonprofit voting rights organizations.

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NVRA/SB 35 Training

Voting Registration Supplies

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Get All VRC Supplies from Registrar of Voters (ROV)

• Each county elections office, aka Registrar of Voters (ROV), provides supplies of blank VRCs in all languages required under the Voting Rights Act in that county.

• NVRA agencies must get VRC supplies from the ROV.

• Note: The National Mail Voter Registration Form is valid in California, but NVRA agencies should use the California Voter Registration Card (VRC) for proper tracking and reporting.

Download Voter Preference Forms from the SOS Website

• Voter preference forms may be downloaded from the Secretary of State website: sos.ca.gov/elections/nvra/training/voter-preference-forms.htm

NVRA/SB 35 Training

Steps to Compliance

1. Register your agency site(s) and order VRCs with county elections.

2. Check local minority language requirements.3. For paper, provide Preference Form and VRC.4. For website, add NVRA screen and link to COVR.5. Offer equal assistance.6. Retain Preference Forms for 2 years.7. Forward VRCs to county elections daily.8. Train staff annually.9. Appoint an NVRA Coordinator.10. When in doubt, call SOS for help!

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NVRA/SB 35 Training

Additional Information

A Guide to Voting in California (video):sos.ca.gov/elections/voting/guide-voting-english.htm

Secretary of State NVRA Website:

sos.ca.gov/elections/nvra/

Voter Information: sos.ca.gov

Call (800) 345-VOTE (8683)

TDD Only: (800) 833-8683

County Elections Offices:sos.ca.gov/elections/elections_d.htm

NVRA Contact Information:

Phone: (916) 657-2166Fax: (916) 653-3214Email: [email protected]

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http://www.sos.ca.gov/elections/nvra/






http://www.sos.ca.gov/



http://www.sos.ca.gov/elections/elections_d.htm






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