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Chapter 33., Section 12. Registering Voters — Main Section | Community Tool Box

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mloewenstein Wed, 12/12/2012 - 13:26

Image of man holding a sign saying, 'Register to Vote.'

  • Why support voter registration and participation?

  • Who can help people register?

  • How do you conduct nonpartisan voter-registration activities?

  • How do you encourage registration respectfully?

  • How can organizations support voter participation?

  • What should 501(c)(3) organizations know?

Voting rights in the United States have expanded over time through constitutional amendments, federal and state laws, court decisions, organizing, and civic participation.

The 15th Amendment prohibited denying or abridging the right to vote on account of race, color, or previous condition of servitude.

The 19th Amendment prohibited denying or abridging the right to vote on account of sex.

The 24th Amendment prohibited poll taxes in federal elections, and the 26th Amendment lowered the voting age to 18.

The Voting Rights Act of 1965 established important federal protections against racial discrimination in voting.

These legal changes did not eliminate every barrier to political participation.

Registration requirements, language barriers, disability access, transportation, identification requirements, criminal-history rules, deadlines, and other conditions can still affect whether eligible people are able to participate.

Because election laws and procedures change, voter-registration information should always be checked against current official state or local election sources.

Why support voter registration and participation?

Voter registration helps eligible people participate in elections and public decision-making.

Nonpartisan registration efforts can:

  • Make participation easier for eligible voters
  • Help people understand registration procedures
  • Reduce administrative and informational barriers
  • Reach people who may have had limited access to election information
  • Help people update registrations after moving or changing their names
  • Connect eligible voters with official election resources
  • Support broader civic participation

Voter registration should not be treated primarily as political leverage

The purpose of a nonpartisan voter-registration program should be to enable eligible people to participate, not to create a voting bloc that will pressure elected officials to support an organization's policy agenda.

People who register through an organization remain free to:

  • Vote or not vote
  • Support any eligible candidate
  • Choose a political party where party registration applies
  • Take positions different from those of the organization that assisted them

Who can help people register?

Voter-registration procedures vary by state and jurisdiction.

Organizations should verify current requirements with the appropriate state or local election authority before conducting registration activities.

Depending on the jurisdiction, rules may address:

  • Who may distribute or collect registration forms
  • Whether volunteers must receive training
  • Whether completed forms may be collected by a third party
  • Deadlines for submitting completed applications
  • Registration-drive reporting requirements
  • Required notices
  • Rules concerning personal information

Do not assume that procedures used in another state or during an earlier election still apply.

The National Voter Registration Act

The National Voter Registration Act of 1993, often called the NVRA or “Motor Voter” law, requires covered states to provide voter-registration opportunities through certain government offices.

These include:

  • Motor-vehicle agencies
  • Public-assistance offices
  • Offices providing state-funded programs primarily serving people with disabilities
  • Armed Forces recruitment offices
  • Other offices designated by the state

Agencies covered by these requirements must provide voter-registration services in a nonpartisan manner.

Community and nonprofit organizations

Community organizations may also provide nonpartisan voter-registration information or assistance when permitted by applicable law.

Organizations should determine:

  • What activities are permitted
  • Whether registration forms may be collected
  • What records may or must be maintained
  • What deadlines apply
  • What nonprofit, grant, or organizational rules apply

How do you conduct nonpartisan voter-registration activities?

Designate responsibility

Identify a person or team responsible for:

  • Monitoring current election rules
  • Training staff and volunteers
  • Maintaining accurate information
  • Obtaining approved registration materials
  • Following submission requirements
  • Protecting personal information

Use current official election information

Before beginning, verify:

  • Registration eligibility
  • Registration deadlines
  • Online-registration options
  • Mail-registration options
  • In-person registration
  • Same-day or Election Day registration, where available
  • Pre-registration rules for people under 18, where available
  • Procedures for updating an address or name
  • State-specific identification requirements

Election procedures can change between election cycles.

Use state and local election offices or current federal election resources rather than relying on an old printed list.

Use the current National Mail Voter Registration Form when appropriate

The U.S. Election Assistance Commission maintains the National Mail Voter Registration Form and its state-specific instructions.

Not every state uses the form in exactly the same way.

Follow the current instructions for the voter's state rather than relying on an old list of state exceptions.

Recognize online registration

Many states now allow eligible people to register or update their registration online.

Where online registration is available, organizations may direct people to the official state registration system.

Avoid sending people to unofficial sites when an official election-office service is available.

Set appropriate goals

Goals can help an organization evaluate whether people are being reached effectively.

Possible measures include:

  • Number of people offered registration information
  • Number of people receiving assistance
  • Number of languages in which information is available
  • Accessibility improvements
  • Number of community locations reached
  • Whether people received accurate information before applicable deadlines

Do not judge the success of the program only by how many people complete a registration form.

Some people may already be registered, may need only to update their information, may be ineligible, or may simply choose not to register.

Be careful when choosing communities for outreach

Organizations may reasonably prioritize communities they serve, places with limited access to registration information, or populations relevant to their charitable mission.

For organizations required to remain nonpartisan, outreach decisions should not be designed to favor or oppose a candidate or political party.

Make registration opportunities visible

Organizations may let people know that nonpartisan voter-registration assistance is available through:

  • Websites
  • Email
  • Text messaging
  • Social media
  • Newsletters
  • Posters or flyers
  • Community events
  • Program intake or orientation
  • Public announcements

Make clear that assistance is available regardless of political preference.

Do not pressure people during intake or service delivery

When voter registration is offered in connection with health, social, educational, or other services, people should understand that their decision about registration will not affect the services or benefits they receive.

Registration assistance should remain separate from eligibility decisions for unrelated programs.

Protect people's information

Registration forms may contain sensitive identifying information.

Follow applicable law and official procedures for:

  • Handling completed forms
  • Transmitting forms
  • Storing information
  • Disposing of unnecessary copies
  • Limiting staff or volunteer access

Do not automatically create a contact list from registrants

Do not collect or retain someone's phone number, email address, or other contact information for future organizational outreach simply because the person registered to vote.

If you want permission to send future reminders or civic-participation information, ask separately and explain:

  • What information will be retained
  • How it will be used
  • Who will have access to it
  • How the person can stop future communications

Make registration accessible

Consider barriers involving:

  • Disability
  • Language
  • Literacy
  • Digital access
  • Transportation
  • Work schedules
  • Lack of information about registration procedures

Appropriate assistance may include:

  • Accessible electronic materials
  • Plain-language instructions
  • Translated materials
  • Interpretation
  • Assistance completing forms when permitted
  • Information about online, mail, and in-person registration options

Use official translated election materials when available.

How do you encourage registration respectfully?

The goal should be to provide people with information and an opportunity to register, not to overcome every reason someone gives for declining.

A simple invitation may be:

We have nonpartisan voter-registration information available today. Would you like to check your registration or learn how to register?

If the person says no, respect the answer.

Ask about barriers without making assumptions

Some people may want to register but face a practical barrier.

Others may not want to discuss why they are not registered.

Instead of assuming someone is apathetic, lazy, uninformed, unable to read, undocumented, or disqualified because of criminal history, offer useful information generally and allow the person to decide whether to ask for help.

Common questions

People may ask:

  • Am I eligible?
  • Where do I register?
  • Can I register online?
  • What is the deadline?
  • How do I update my address?
  • Can I register before I turn 18?
  • How does a criminal conviction affect my voting rights?
  • What identification will I need?
  • Where can I find my polling place?

Staff and volunteers should use current official election information when answering these questions.

If you do not know the answer, say so and direct the person to the appropriate election office rather than guessing.

Criminal-history rules vary

Do not tell someone that a felony conviction automatically means they cannot register or vote.

Voting-rights restoration rules vary substantially by state and individual circumstances.

Direct people to current official information for their state.

Do not investigate someone's eligibility yourself

A person may have private reasons for asking questions about eligibility.

Do not pressure someone to disclose:

  • Citizenship or immigration information
  • Criminal history
  • Disability information
  • Other sensitive personal circumstances

unless the information is required by the official registration process and you are authorized to assist with it.

Conducting a voter-registration drive

A voter-registration drive may concentrate outreach during a particular period or at particular community events.

Choose timing carefully

Check current registration deadlines before setting drive dates.

Some states allow registration close to or on Election Day, while others require registration earlier.

Do not rely on a general rule such as “10 days” or “30 days.”

Choose outreach locations appropriately

Registration activities may occur at:

  • Community events
  • Campuses
  • Libraries
  • Community centers
  • Faith-community events
  • Neighborhood gatherings
  • Organizational service locations
  • Other places where organizers have permission

Follow applicable property, solicitation, and election rules.

Train volunteers

Volunteers should understand:

  • That the effort is nonpartisan
  • Current registration procedures
  • How to handle completed applications
  • Privacy requirements
  • How to provide disability and language access
  • Where to refer questions they cannot answer
  • What they may and may not say about candidates or political parties

Avoid incentives unless you have verified that they are lawful and appropriate

Election laws can regulate incentives connected with electoral participation.

Do not offer money, gifts, prizes, or other benefits conditioned on registering or voting without first confirming that the practice is lawful and consistent with any nonprofit or program rules that apply.

Supporting voter participation after registration

Registration is only one part of participation.

Organizations may also provide nonpartisan information about how eligible voters can cast a ballot.

Procedures differ by state and election.

Provide current voting information

Depending on the jurisdiction, useful information may include:

  • Election dates
  • Polling locations
  • Voting hours
  • Early in-person voting
  • Mail or absentee voting
  • Identification requirements
  • Accessible voting options
  • Ballot-tracking services
  • Procedures for correcting certain ballot problems when available

Do not publish a fixed nationwide description of absentee or early-voting rules.

State procedures change, and voters should be directed to current official information.

Reduce practical barriers

Nonpartisan assistance may include:

  • Explaining available voting methods
  • Providing accessible election information
  • Providing language assistance
  • Helping people locate official election resources
  • Providing lawful nonpartisan transportation assistance

Any assistance connected with a nonpartisan voter-participation effort should be provided without regard to whom the person supports.

Do not tell people how to vote

A nonpartisan registration or turnout effort should not:

  • Endorse candidates
  • Oppose candidates
  • Recommend a political party
  • Provide voting assistance only to people with preferred political views
  • Ask how someone plans to vote as a condition of receiving assistance

Nonpartisan voter education

Some organizations also provide election information.

Depending on applicable law and organizational rules, this may include:

  • Links to official sample ballots
  • Election dates and deadlines
  • Information about where and how to vote
  • Nonpartisan candidate forums
  • Nonpartisan voter guides
  • Explanations of ballot measures

Organizations subject to nonpartisanship requirements should establish neutral criteria and avoid selecting information in a way designed to favor or oppose a candidate.

Follow up carefully

If an organization helped submit a registration application, it may be useful to explain how the individual can independently check registration status through an official election source.

Avoid promising that submitting a form guarantees successful registration.

Election officials determine whether an application is accepted.

Obtain consent for reminders

If the organization wants to send election reminders, obtain appropriate contact permission rather than automatically retaining information from registration activities.

Reminders should remain nonpartisan when the organization is conducting a nonpartisan voter-participation program.

What should 501(c)(3) organizations know?

Section 501(c)(3) organizations may conduct nonpartisan voter-registration, voter-education, and get-out-the-vote activities.

They are prohibited from directly or indirectly participating or intervening in a political campaign on behalf of or in opposition to a candidate for public office.

This prohibition applies to federal, state, and local candidate elections.

Examples of generally permissible nonpartisan activities

Depending on how they are conducted, a 501(c)(3) organization may be able to:

  • Conduct nonpartisan voter-registration drives
  • Conduct nonpartisan get-out-the-vote activities
  • Provide neutral information about voting procedures
  • Conduct certain nonpartisan candidate forums
  • Provide certain nonpartisan voter-education materials
  • Continue appropriate public-policy advocacy

Prohibited candidate campaign intervention

A 501(c)(3) organization may not use organizational resources to support or oppose a candidate for public office.

Prohibited activity may include:

  • Candidate endorsements
  • Contributions to candidate campaigns
  • Organizational statements supporting or opposing candidates
  • Providing organizational resources to one candidate on preferential terms
  • Biased voter-registration or turnout activity designed to favor or oppose candidates

Nonpartisan does not merely mean avoiding candidate names

The overall facts and circumstances matter.

A communication may create candidate-related concerns even without explicitly stating “vote for” or “vote against” someone.

Organizations should review current IRS guidance when election-related activities may intersect with candidate campaigns.

Public-policy advocacy may continue

A 501(c)(3) organization may continue to take positions on public-policy issues, including issues that candidates also discuss, as long as the organization's communication does not intervene in a candidate campaign.

Lobbying and political campaign intervention are different legal concepts and should not be treated as interchangeable.

Private foundations may have additional restrictions

Private foundations can be subject to additional federal tax rules concerning expenditures for voter-registration drives.

Organizations should determine their tax classification and review current legal guidance before relying on general voter-participation advice.

Obtain current legal guidance when necessary

Election law, tax law, grant conditions, state law, and organizational policies can interact in complicated ways.

When there is uncertainty, consult:

  • Current IRS guidance
  • The appropriate election authority
  • Organizational counsel
  • Other qualified legal guidance

General advocacy materials should not be treated as individualized legal advice.

Evaluate your voter-participation work

After an activity or election cycle, ask:

  • Was the information accurate and current?
  • Was the effort genuinely nonpartisan?
  • Were people able to participate without pressure?
  • Were disability and language needs considered?
  • Was personal information handled appropriately?
  • Did staff and volunteers understand the rules?
  • Were people referred to official sources when questions exceeded our knowledge?
  • What barriers did people report?
  • What should be improved before the next election?

In Summary

Voter registration can help eligible people participate in elections and public decision-making.

Registration procedures, deadlines, eligibility rules, and voting options vary by state and can change over time.

Use current official election sources rather than relying on old nationwide lists.

Many states provide online registration, and the U.S. Election Assistance Commission maintains the current National Mail Voter Registration Form and state-specific instructions.

Community organizations may support registration by providing accurate information, making forms and official resources accessible, assisting people when permitted, and reducing practical barriers.

Registration activities should respect people's privacy, autonomy, disability access, language needs, and right to decline.

Do not assume why someone is not registered or pressure them to disclose sensitive information.

Criminal-history voting rules differ substantially by state, so do not make blanket statements about eligibility.

When conducting registration drives, train volunteers, verify current deadlines and procedures, and maintain clear nonpartisan standards.

After registration, organizations may provide accurate nonpartisan information about early voting, mail voting, Election Day procedures, accessibility, and other options available in the voter's jurisdiction.

Do not retain people's contact information for future advocacy simply because they registered; obtain appropriate consent for follow-up communications.

Section 501(c)(3) organizations may conduct nonpartisan voter-registration and get-out-the-vote activities but may not intervene in candidate campaigns.

Because election and tax rules can be highly fact-specific, organizations should use current official guidance and obtain qualified legal advice when necessary.

Finally, voter-registration work should not be treated primarily as a way to strengthen an organization's political influence or build a dependable voting bloc.

Its purpose is to help eligible people understand their options and participate in the democratic process according to their own choices.

Resources

Online Resources

Ballotpedia is a nonpartisan online encyclopedia that offers detailed information about elections, candidates, and political issues in the U.S. It provides data on federal, state, and local elections, including candidate profiles, ballot measures, and election results.

The Civics Center provides educational resources and tools to help high school students and young adults understand the voting process, register to vote, and engage in civic activities.

Election Line provides comprehensive, nonpartisan information on election administration and voting issues. It offers resources and analysis on various aspects of the electoral process, including voting laws, procedures, and access.

Fair Vote is a nonpartisan organization that researches and advances voting reforms to make democracy more functional and representative for every American.

The Federal Election Commission is the independent regulatory agency charged with administering and enforcing the federal campaign finance law.

The Federal Voting Assistance Program provides tools and resources for service members, their eligible family members, and overseas citizens to vote from anywhere in the world.

The Health & Democracy Index is an analysis conducted by the nonpartisan initiative Healthy Democracy Healthy People. It compares 12 public health indicators and voter turnout to the restrictiveness of voting policies in each state.

Know Your Rights: Voting Rights is an online guide provided by the American Civil Liberties Union. It contains information on exercising your voting rights, resisting voter intimidation efforts, and accessing disability-related accommodations and language assistance at the polls.

National Voter Registration Day is nonpartisan initiative established to boost voter participation by encouraging people to register to vote. Each year, the organization runs awareness campaigns, partners with community groups and businesses, and hosts events to simplify and promote voter registration. National Voter Registration Day is also a civic holiday celebrated annually in September.

RockTheVote is a nonpartisan organization dedicated to increasing young voters’ participation in U.S. elections. Resources provided include instructions for voter registration in your state, checking your voter registration, and contacting your Federal and Local elected officials. It also offers clear, engaging, and accessible articles on a variety of historical and current topics and issues designed to help voters understand and navigate the complexities of the democratic process.

Vote 411 provides voters with essential information about elections. It offers details on how to register, where to vote, and what identification may be required. It also provides information about candidates and ballot measures, helping voters make informed decisions.

VoteRiders is nonpartisan organization dedicated to ensuring that all eligible voters have the proper identification needed to cast their ballots. It provides practical, legal, and financial assistance with obtaining all necessary documents.

Vote Smart Facts for All provides free, factual, unbiased information on candidates and elected officials. It offers a variety of tools and resources available including elected officials’ biographies, voting records, speeches, funding sources, public statements, and committee memberships.

Vote.Gov provides information on voter registration for all U.S. elections including how to register and update your registration, voter registration deadlines, and instructions on how to check your voter registration and how to complete the National Mail Voter Registration form. You can also find answers to common questions about registering and voting such as voter ID requirements, voting as a new U.S. citizen, voting with a disability, voting while unhoused, and voting after a felony conviction.

 

Print Resources

The Disability Voter Guide (pdf) was developed by The Arc. It provides information about who can vote, how to register, how voting works on election day, what to do if your rights are violated, and more.

Know Your Voting Rights (pdf) is a guide provided by the U.S. Justice Department. It contains brief overviews of federal voting rights laws and frequently asked questions.

Nonprofit Power: Building an Inclusive Democracy (pdf) is a guide provided by Nonprofit Vote. It highlights the role of nonprofits in fostering a more inclusive democracy by engaging underrepresented communities in the voting process.

The Nonprofit Voter Engagement Playbook (pdf) was developed by Independent Sector. It is designed to support the development and implementation of voter engagement strategies that can be tailored to meet the unique needs of every nonprofit, regardless of experience, expertise, or organizational capacity.

Realizing a More Inclusive Electorate: Identity, Knowledge, Mobilization (pdf) is a policy brief that synthesizes research from the Haas Institute Diversity and Democracy affiliated faculty at The University of California, Berkeley. It provides lessons from recent research on how to confront voter disaffection, support inclusive identities, and increase democratic participation among underrepresented groups.

The Voter Engagement Toolkit for Private Foundations (pdf) was developed by Nonprofit Vote. It provides strategies, guidelines, and case studies to help private foundations conduct voter education and participation activities while staying within legal boundaries.

Your Vote Counts: A Self-Advocate’s Guide to Voting in the U.S. (pdf) is a toolkit developed by the Autistic Self Advocacy Network. It focuses on the process of voting and understanding how to prepare to vote on election day. It is available in both an easy to read and a plain language version.

 

Telephone Resources

Election Protection Hotline

English: 866-687-8683

Spanish: 888-839-8682

Chinese, Vietnamese, Korean, Bengali, Hindi, Urdu, and Tagalog: 888-274-8683

Arabic: 844-925-5287

The Election Protection Hotline provides comprehensive information and assistance at all stages of the voting process including registration, absentee and early voting, casting a vote at the polls, and overcoming obstacles to participation.

 

Federal Voting Assistance Program

1-800-438-VOTE (8683)

DSN: 425-1584

The Federal Voting Assistance Program provides tools and resources for Service members, their eligible family members, and overseas citizens to be able to vote from anywhere in the world.

 

Voter's Research Hotline
1-888-VOTE SMART (1-888-868-3762)


Your own personal researcher can answer your questions instantly over the phone. Open from 8 a.m. to 8 p.m. EST, Monday through Friday, the Hotline has information on candidates and elected officials at the following levels:

  • President and Vice President
  • Congress
  • Governors
  • State Legislators

Information Available Includes:

  • Voting records
  • Campaign finance data
  • Performance evaluations by special interest groups
  • Issue stances
  • Biographies
  • Contact information
  • Status of legislation
  • Help navigating the vote smart web
  • Voter registration information
  • Request free publications
  • What district you live in

Staff will also do customized research for you at no charge.

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