HEA 1998 Voter Registration Requirements

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 following:

(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).

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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