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Presented by: Secretary of State

NVRA/SB 35 Training . Voter Registration Services for NVRA Public Assistance Agencies & Agencies Serving People with Disabilities . Update April 8, 2013. Presented by: Secretary of State. National Voter Registration Act Of 1993 SB 35 (Padilla), Chapter 505, Statutes of 2012

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Presented by: Secretary of State

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  1. NVRA/SB 35 Training Voter Registration Services for NVRA Public Assistance Agencies & Agencies Serving People with Disabilities Update April 8, 2013 Presented by: Secretary of State

  2. 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. NVRA/SB 35 TrainingWhy NVRA/SB 35? 2

  3. NVRA/SB 35 TrainingNVRA 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 3

  4. NVRA/SB 35 TrainingNVRA 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

  5. NVRA/SB 35 TrainingSB 35 (Padilla), Chapter 505, Statutes of 2012 SB 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

  6. Review/Recert. (e.g., regional center IPP review)Periodic re-evaluation of benefits/needs/eligibility; triggers NVRA voter registration services. Population Mobility: If the consumer has moved, this triggers NVRA. Literacy: Not a prerequisite to register or to vote; voting machines have accessibility features; the SOS produces voting materials in accessible formats. In-home Assistance: Always offer to assist consumers in filling out VRC, regardless of location of NVRA-covered transaction. Age: 17-year-olds can register if they turn 18 by election day. NVRA/SB 35 TrainingServing People with Disabilities 6

  7. 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. NVRA/SB 35 TrainingServing People with Disabilities(continued) 7

  8. NVRA/SB 35 TrainingVoter Registration Card (VRC) 8

  9. NVRA/SB 35 TrainingWhere 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

  10. NVRA/SB 35 Training NVRA Voter Preference Form 10

  11. NVRA/SB 35 TrainingVoter 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. 11

  12. NVRA/SB 35 TrainingVoter Registration Services 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. 12

  13. NVRA/SB 35 TrainingVoter Registration Services “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

  14. NVRA 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. NVRA/SB 35 TrainingVoter Registration Services 14

  15. NVRA/SB 35 TrainingVoter Registration Services 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. 15

  16. NVRA/SB 35 TrainingBeyond 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 16

  17. NVRA/SB 35 TrainingSteps to Compliance • Register your agency site(s) and order VRCs with county elections. • Check local minority language requirements. • For paper, provide Preference Form and VRC. • For website, add NVRA screen and link to COVR. • Offer equal assistance. • Retain Preference Forms for 2 years. • Forward VRCs to county elections daily. • Train staff annually. • Appoint an NVRA Coordinator. • When in doubt, call SOS for help! 17

  18. NVRA/SB 35 TrainingSecretary of StateElections Division - NVRA Coordinator1500 11th Street, 5th FloorSacramento, CA 95814 Phone: (916) 657-2166 Email: nvra@sos.ca.gov Website: sos.ca.gov/elections/nvra 18

  19. NVRA/SB 35 TrainingHow 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. 19

  20. Who 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. NVRA/SB 35 TrainingHow to Fill Out a California Voter Registration Card (VRC)Voter Registration Eligibility Requirements 20

  21. NVRA/SB 35 TrainingHow to Fill Out a California Voter Registration Card (VRC)Voter Registration Eligibility Requirements Who 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

  22. NVRA/SB 35 Training How to Fill Out a California Voter Registration Card (VRC)Voter Registration Eligibility Requirements • Who May Register? • 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. 22

  23. NVRA/SB 35 Training How to Fill Out a California Voter Registration Card (VRC)Voter Registration Eligibility Requirements Who 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. 23

  24. NVRA/SB 35 Training How to Fill Out a California Voter Registration Card (VRC)Voter Registration Eligibility Requirements Who May Register? 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. 24

  25. NVRA/SB 35 Training How to Fill Out a California Voter Registration Card (VRC)Voter Registration Eligibility Requirements • Voting 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. • Donewith parole, mandatory supervision, or post release community supervision. Your right to vote is automatically restored when parole or supervision is done. 25

  26. NVRA/SB 35 Training How to Fill Out a California Voter Registration Card (VRC)Voter Registration Eligibility Requirements • Who May Register? • 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]. 26

  27. 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 27

  28. NVRA/SB 35 Training How to Fill Out a California Voter Registration Card (VRC)HAVA Requirements 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. 28

  29. NVRA/SB 35 Training How to Fill Out a California Voter Registration Card (VRC)Political Party Preference • 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/: 29

  30. NVRA/SB 35 Training How to Fill Out a California Voter Registration Card (VRC)Previously Registered 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. 30

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

  32. NVRA/SB 35 Training How to Fill Out a California Voter Registration Card (VRC)Signature Stamps • 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. 32

  33. NVRA/SB 35 TrainingProcessing Completed VRCs • 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. 33

  34. NVRA/SB 35 TrainingProcessing Completed VRCs • 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. 34

  35. NVRA/SB 35 TrainingProcessing Completed VRCs • 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. 35

  36. NVRA/SB 35 TrainingDeadlines for Sending VRCs 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! 36

  37. NVRA/SB 35 TrainingVoter Registration Verification • 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. 37

  38. NVRA/SB 35 TrainingAgency Voter Registration Reporting 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. 38

  39. NVRA/SB 35 TrainingNVRA Prohibitions on Influencing Applicants • 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) 39

  40. NVRA/SB 35 TrainingNon-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. 40

  41. NVRA/SB 35 TrainingVoting Registration Supplies • 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 41

  42. NVRA/SB 35 TrainingSteps to Compliance • Register your agency site(s) and order VRCs with county elections. • Check local minority language requirements. • For paper, provide Preference Form and VRC. • For website, add NVRA screen and link to COVR. • Offer equal assistance. • Retain Preference Forms for 2 years. • Forward VRCs to county elections daily. • Train staff annually. • Appoint an NVRA Coordinator. • When in doubt, call SOS for help! 42

  43. NVRA/SB 35 TrainingAdditional 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: nvra@sos.ca.gov 43

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