The following text extracted from page 170-171 of 258 of the Act: HR6.pdf
: Higher Education Act of 1998
(b) PROVISION OF VOTER REGISTRATION FORMS.—
(1) PROGRAM PARTICIPATION REQUIREMENT.—Section 487(a)
(20 U.S.C. 1094(a)) is amended by adding at the end the
(23)(A) The institution,
if located in a State to which
section 4(b) of the National Voter Registration Act (42 U.S.C. 1973gg–2(b))
does not apply, will make a good faith effort
to distribute a mail voter registration form, requested and
received from the State, to each student enrolled in a degree
or certificate program and physically in attendance at the
institution, and to make such forms widely available to students
at the institution.
(B) The institution shall request the forms from the State
120 days prior to the deadline for registering to vote within
the State. If an institution has not received a sufficient quantity
of forms to fulfill this section from the State within 60 days
prior to the deadline for registering to vote in the State, the
institution shall not be held liable for not meeting the requirements
of this section during that election year.
(C) This paragraph shall apply to elections as defined
in section 301(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(1))
, and includes the election for Governor
or other chief executive within such State).
The first reference above, 4(b) of the National Voter Registration Act (42 U.S.C. 1973gg–2(b))
, basically states that this NOT a requirement if the state does not have any voters or if registration is offered at the time of voting. Both of those are not true in California, meaning that this law is in effect.
The second reference above, 301(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(1))
basically states that this rule applies to Federal Elections and to Governors' races.
-- Raymond Lutz
- 02 Oct 2006