VIII.C Voter registration

3/2/2017

A. Overview

The National Voter Registration Act (NVRA) of 1993 requires agencies which provide public assistance or services to persons with disabilities to also provide voter registration opportunities. All Department of Human Services (DHS) programs are required to comply with NVRA requirements as well as partner agencies such as Area Agencies on Aging (AAA) and the Oregon Health Authority (OHA.

AAA and DHS facilitate placing cards into the hands of consumers and applicants who may be interested in registering to vote or in updating their registration and sending those cards to the Elections office. .

Voter registration forms should not be kept in consumer files – see below.

1.   Who can register to vote:

The minimum age to register to vote in Oregon is 17. However, every person who wishes can attempt to register to vote, regardless of their age or perceived eligibility.

Every person, without exception, has the right to attempt to register to vote.

Persons who are offered an opportunity to register to vote should not feel pressured to register, or to register with a particular political party.

Authorized representatives, guardians, family members, or other persons designated to speak on behalf of a consumer or applicant cannot accept or decline to register a person to vote.

Only one person in the household must be asked about voter registration.

2.   Assisting potential registrants:

Staff is required to offer assistance with completing the voter registration cards, if requested.

Staff are requested to review forms for completeness before mailing in to County Elections. If possible, request or assist the consumer in completing the form.

Voter registration information, including forms and declinations, are considered protected information and must be kept secure.

B. Procedures

1.   When to offer voter registration:

Voter registration requirements apply to all consumers and applicants aged 17 or older with a legal status who have a qualifying event:

The opportunity to register to vote must be given regardless of the method of contact by the consumer or applicant.

Staff is required to verbalize the voter registration question while processing the qualifying event.

Staff must offer voter registration each time the consumer or applicant meets the criteria of applying, reapplying, or changing their address regardless of how long or short a time has passed since the person was last asked. Staff are only required to ask once per qualifying event.

2.   Acting on the consumer response

Staff will take the following actions based on the consumer or applicant’s response to the voter registration question:

Yes responses:

If the consumer or applicant says or checks Yes, they do want a voter registration card, the worker will:


If the consumer or applicant has completed an approved DHS form such as an application or address change form, mark the box by the voter registration question Yes.

No responses:

If the consumer or applicant has completed an approved DHS form such as an application or address change form, mark the box by the voter registration question No.

DHS 852

If staff process the DHS 852, Interim Change Report for Supplemental Nutrition Assistance Program, without contacting the consumer, as is the usual practice and the consumer leaves the voter registration question blank, assume a No for voter registration.

If staff need to call or contact the consumer for any reason related to the DHS 852, then they are required to ask if the consumer would like to register to vote and act on the answer, per procedures.


Workers should never narrate N/A when describing the response from a consumer or applicant because voter registration is always applicable.

3.   Case manager specific

When the eligibility interview is completed by a third-party, such as an authorized representative, then the case manager goes to the consumer to complete an assessment, the voter registration question must be asked at the time of assessment.

Only the beneficiary may answer the question of voter registration so the third-party may not be asked at eligibility.

There is NO EXCEPTION for not asking any person with a legal residence status about voter registration. For persons who are unable to respond, or to respond appropriately, please see Section G. Special Situations.

4.   Phone interview

If the consumer or applicant has an eligibility interview over the telephone, the question of voter registration must be asked during the interview and the question marked.

Narrate the response to voter registration before mailing the application for a signature.

5.   Mailing in completed registration forms

The obligation of DHS and AAA is to provide appropriate voter registration forms and send all completed forms to the local County Elections office.

Review all forms for completeness, and advise the registrant if they have missed any sections.

If the consumer completed a voter registration form but does not live in the local office county, send the card to the local County Elections office to be forwarded.

The Election office will determine if the registrant is eligible; staff is not allowed to advise on potential eligibility.

See below for the local area Site Coordinator role in mailing completed forms and the use of the SEL 516 envelope.

C. Declinations

·        Note: A declination must be completed for every person with a qualifying event, regardless of their response.

Every person who is offered the opportunity to register to vote must have a completed declination on either the declination form, SEL 503D, Voter Registration Declination or other approved DHS form.

For voter registration, the term declination covers all consumer or applicant responses to the question of voter registration, including when the person says Yes.

Narrate all responses to the question of voter registration immediately.

·        If the form AAA and APD offices mail forms for signature is not returned and the narration is not completed, there is no proof the question was asked, as required.

Staff can complete the voter registration form, except for the signature, on behalf of the consumer or applicant.

1.   Applications and reporting forms declination

All DHS applications, and many other forms, include the federally required question about voter registration: If you are not registered to vote where you live now, would you like to register today?

Applications and other reporting forms with the federally required voter registration question have the same function as the separate declination form, SEL 503D, Voter Registration Declination.

If the consumer has signed and completed an application, no additional declination form is needed. If someone else filled out the application with the consumer because the consumer was unable to physically complete the form, it is considered the consumer has completed the form.

If the consumer says Yes they would like to register to vote, hand or mail them the SEL 503, Voter Registration Card with Declination with the declination section removed and marked Yes then narrate Voter Registration: Yes.

If the consumer marks No and complete an SEL 503D, or mark the box by the voter registration question on the DHS approved form and narrate Voter Registration: No.

NOTE: If the consumer leaves the voter registration question blank and the worker is speaking to that person about their form or application, the worker is required to verbalize the question and ask for a response; mark their choice on the form and narrate.

2.   Declination section of SEL 503

Remove the declination section of the SEL 503, Voter Registration Card with Declination prior to handing or mailing the voter registration form to a consumer or applicant.

Either ask the consumer to complete the voter registration declination portion, or print their name and today’s date on the declination form and mark the correct box.

Note: Any part of the SEL 503 not used must be discarded. To reduce waste and cost, staff may use the SEL 503D, Voter Registration Declination Card when a consumer or applicant indicates they do not want to register to vote, instead of the SEL 503.

If using only the SEL 503:

3.   Declination retention

Do not keep or make copies of completed voter registration cards or declinations for the consumer file.

All SEL 503D, Oregon Voter Declinations, forms must be kept in a centrally located file for no less than 24 months.

The local area site coordinator is responsible for ensuring the declination forms are secured and available if needed for audit purposes.

Paper declination forms which are not part of another DHS form, such as the SDS 400, must be kept together in a hard copy file.

The SEL 503D, Voter Registration Declination, can be used to record a No in place of the larger and more expensive SEL 503 tear-off declination section to save materials and costs.

Offices can choose to complete the electronic SEL 503 form and save it in a secured shared drive on the local server.

If a consumer takes the voter registration form out of the office to complete later, staff has no responsibility to track the voter registration form. Remove the declination portion before the consumer leaves, mark the declination Yes print the consumer’s name, and file the declination portion.

D. Change of address

Every person who reports a change to either their physical or mailing address must be asked about voter registration.

1.   By telephone:

Workers who receive change of address reports over the telephone must ask about voter registration if the consumer is on the phone at the time the change is reported.

The staff person answering calls to the office, such as support staff or a switch board operators, who receives the message about the change of address has the responsibility to ask about voter registration if they are able to communicate with the caller.

Workers who receive change of address information via a telephone message and do not speak directly with the consumer will not be required to take action for voter registration if they do not return the call to ask about the change of address.

If the consumer says Yes they would like a voter registration card for any reason, the worker will:

If the consumer says No they do not want a voter registration card for any reason, the worker will:

2.   By email:

All consumers or applicants who contact a DHS/AAA office via email to apply for benefits, reapply for benefits, or change their address must be sent the DHS tracked link to the Secretary of State’s voter registration website: https://secure.sos.state.or.us/orestar/vr/register.do?source=DHS

3.   In person:

Consumers who change their address in person will be asked about voter registration.

4.   By mail:

Consumers who report a change of address by dropping a note in the drop box or by mailing in the change of address information, and who have no contact with a staff person, are not required to be asked about voter registration unless a staff person contacts them specifically about their address change.

5.   At the front desk:

Consumers who change their address by coming to the office and who speak with a staff person must be asked about voter registration and have a completed SEL 503D, or other agency form with the voter registration question included.

6.   During an interview or appointment:

Only the person who receives the benefit may be asked about voter registration, if the eligibility interview is not with the beneficiary, do not ask about voter registration.

Consumers who report a change of address during an eligibility interview should be asked once about voter registration during their eligibility process, whether in-person or by phone.

Consumers who report a change of address during an appointment not related to eligibility must be asked about voter registration by the person who is told about the change.

If the consumer completed the entire application and left the voter registration question blank, the staff person must verbally ask the question.

7.   Out of state

Consumers who report they are moving out of state will be asked about voter registration in their new state. Oregon workers cannot assist with another state’s registration and have no obligation to try.

E. Forms

1.   General form information

NOTE: Order voter registration forms, envelopes, and posters through the FBOS system. Do not contact the Secretary of State or Central Office for form orders.

Voter registration forms are available in English and Spanish only; DHS is not able to translate to any other language.

Display the voter registration poster SEL 503P Register and Vote in the lobby area of all DHS/AAA branch offices; the poster is available in English and Spanish through the forms ordering system. Offices are encouraged to but not required to hang the Spanish version.

Review all forms for completeness and legibility and advise the potential registrant if they have missed any sections.

Consumers may choose not to complete the voter registration form;

Never throw away partially completed voter registration forms. Send in all voter registration forms with any part of the consumer information including only their name or a signature;

There are two different voter registration cards with DIFFERENT uses required to be available in all field offices. The two forms are NOT interchangeable.

Workers should use originals of all voter registration forms and avoid copied or printed versions, except the SEL 503D, Oregon Voter Registration Declination which may be copied instead of ordered.

2.    SEL 500, Oregon Voter Registration Card

Staff may not mail or hand out the SEL 500 FOR ANY REASON.

The SEL 500 lobby form, sometimes called the “lick-and-stick” form, has an adhesive strip on one side to form a self-sealing envelope.

The SEL 500 is also available in a large print format.

If the consumer or applicant hands in an SEL 500 they picked up on their own, staff may accept it, count it in the weekly tally, and send it in to County Elections.

3.   SEL 503, Oregon Voter Registration Card with declination

The SEL 503 is the only voter registration form staff are allowed to mail or hand to consumers or applications.

The SEL 503 has a tear-off, perforated section on the right side; this is the voter registration form staff must use in all circumstances.

The declination portion of the SEL 503 must be retained by the office; never mail or leave the declination portion anywhere.

4.   SEL 516

The NVRA requires completed voter registration cards to be placed in the SEL 516 envelope regardless of how the cards are sent to the Country Elections office.

If the office runs out of the SEL 516 envelopes, first ask another office in your local service district to send some while the order for more is being processed;

Reminder: Affix correct postage on the SEL 516 envelope.

F. Local site coordinators

Each field office is required to have a local office Site Coordinator for voter registration listed with the State Elections Office and the AAA/APD agency coordinator. Offices may have as many back-up coordinators as they choose.

Local area Site Coordinators are responsible for securely storing declination forms for 24 months. The Site Coordinator should maintain a flash drive/data stick or other backup device with the updated files in a secure or locked location as a backup to the shared drive folder.

1.   Mailing completed cards

The local site coordinator must mail or takes the completed SEL 503 forms to the local county elections office in the county where the office is located within five (5) calendar days of receipt, in the SEL 516 envelopes.

The SEL 516 envelope with the completed voter registration cards must receive a post mark within five (5) calendar days of the earliest date on the voter registration forms in the envelope.

Forms with post marks of a later date will be processed, but the office will be out of compliance with the program requirements.

It is always acceptable to mail the SEL 516 and completed voter registration cards more often than once every five (5) days.

2.   SEL 504

The Site Coordinator tracks the number of completed SEL 503 voter registration forms sent to the County Elections office for the previous seven (7) days on the SEL 504, Agency Voter Registration Reporting Form.

If a consumer takes the voter registration form out of the office to complete later, staff has no responsibility to track the voter registration form. Remove the declination portion before the consumer leaves, mark the declination Yes print the consumer’s name, and file the declination portion.

Do not report the voter registration forms taken out of the office in the weekly total, unless the consumer returns it completed.

If the site coordinator forgets to submit the report but has the weekly numbers, please submit the total cards submitted on the form one week at a time by changing the Today’s Date field on the form. Submitting the local totals by the week instead by batch will give a more accurate report at the end of the quarter/year.

 

G. Special situations

1.   Persons with cognition issues

All consumers or applicants must be asked if they want to register to vote regardless of their physical, cognitive, or mental health situation; staff are not allowed to “screen out” anyone.

If the consumer is able to respond to the question of voter registration, they must be asked about voter registration.

Authorized representatives, guardians, caregivers, or other persons on the consumer’s care team are not allowed to answer the question on voter registration on behalf of the potential registrant.

NOTE: Persons who are not able to respond are not exempt from voter registration. See guidance below.

On the date of contact/interview if

Each qualifying event for voter registration must be looked at as a separate opportunity to register to vote when it occurs at different times. Do not assume the consumer is still unable to answer the question of voter registration or is not interested.

2.   Persons who are unable write

If a person either is not able to write or did not learn to write, and wants to register to vote, ask them to make whatever their mark is/will be on the signature line of the SEL 503, then print above it, very clearly, This is FirstName LastName’s mark. Let the person know to expect additional communication from the Elections office to confirm their mark.

If the person can write, but their signature has changed dramatically due to an accident or illness, and they tell you it has, ask them to sign and then write above it, This is FirstName LastNames’s signature. Let the person know to expect additional communication from the Elections office to confirm their new signature.

3.   Signature stamps

Persons who are unable to write or sign their name due to a disability can use a signature stamp to register to vote or to update their voter registration with SEL 540 Signature Stamp Attestation.

A signature stamp is documented on the SEL 540 and the completed SEL 540 is submitted at the same time as the SEL 503. The SEL 540 is not counted on the weekly tally.

Staff is not required to ask if the consumer or applicant has a signature stamp. If the person uses one or otherwise indicates they have one, the staff member is required to offer the SEL 540.

Print the 540 as needed; it is not necessary to have a supply of these forms in the office.

4.   24B renewals for SNAP

The 12 month action on the SNAP case is unique – it is not a renewal, it is not request for more benefits, it’s just kind of its own thing. Because the 24B is a check-in and not actually a request for benefits, it does not automatically trigger a qualifying voter registration event

However, IF the 12 month 24B renewal has a change of address or adds a new HH member to the filing group (which is a new request for benefits) the worker would have to ask about voter registration because those things trigger a voter registration event regardless of the situation, timing, or benefit type.

If neither of those things have happened at the time of the 24B action, there is no need to ask about voter registration until either the next qualifying event (new, renew, or move) or the next certification.

5.   Authorized representatives and third-parties

Only the person who is the recipient of a benefit can answer yes or no to voter registration so staff should never be asking an authorized representative about the consumer’s voter registration status.

When there is a third-party who answers eligibility questions, such as an authorized representative, and then a worker goes out to see the consumer for an assessment, the voter registration must be offered at the time of the assessment because the consumer is now available.

Anyone the consumer agrees to can assist in completing the voter registration form WITH them (not for them) – even staff. If the form is being verbally translated into another language for the consumer do your best to ask the translator to remain impartial.

Authorized representatives and third parties acting on behalf of a consumer or applicant may be narrated as Voter Reg: N/A. They are the only group who may use the N/S designation.

If your narration already indicates to or with whom staff spoke, it does not need to be reiterated in the voter registration section. If the narration does NOT already include that information, then please state the authorized representative or third-party was asked. Staff are welcome to type auth rep in those situations instead of leaving the question blank.

6.   Felony convictions

Oregonians with felony convictions have their voting rights restored upon release from custody.

Should an applicant or consumer indicate they are unable to register to vote due to a felony conviction, the staff member should tell them Oregon allows registration. If the consumer or applicant does not believe the staff person, there is no further obligation.

7.   Safety and security concerns for registrants

All information, except SSN/ODL, provided on the voter registration card is available as a public record. This includes name, date of birth, address, phone number, and political party affiliation.

If the person registering to vote is a victim of domestic violence, or is concerned for their personal safety for any reason and does not want their home address on the voter registration record accessed by an abuser or the public, workers must offer the SEL 550 Application to Exempt Residence Address from Disclosure as a Public Record to remove their home address information from the public record.

The SEL 550 form must be signed by the person who wishes to have their personal information removed from public record to attest the information on the form is true and accurate. The person signing the form must take the completed SEL 550 to the local county elections office in person for processing.

8.   Consumer or applicant complaints

Consumers or applicants who are upset, angry, or distressed for any reason when staff ask about voter registration, those who want materials in other languages, or people who just want to talk with someone must be given the MSC 585, Oregon Secretary of State Elections Division Contact Information.

Under no circumstances should staff discuss or debate the voter registration process with consumers or applicants. Instead, the MSC 585 provides options for the consumer to reach the state level Elections team who will be happy to hear their concerns.

The form can be printed from the DHS forms servicer, cut in half and kept at the front desk, in interview rooms, or in files/bags case managers take into the field.

9.   Non-citizens

Persons who self-identify they are not US citizens or who do not have a legal status in the United States are not required to be asked about voter registration.

If a non-citizen asks to register to vote, the worker should in no way prevent or discourage them from completing a voter registration card, or tell the person they are not eligible. Treat and narrate voter registration requests from a non-citizen exactly the same as every other person who is a citizen.

If a non-citizen turns in a completed voter registration card, the worker should in no way prevent or discourage their attempt to register, and should not tell the person they are not eligible. Treat and narrate their voter registration exactly the same as every other person who is a citizen.

10.Audits and reviews

The federal Department of Justice (DOJ) conducts periodic audits of agency voter registration processes to verify every state meets the requirement and intent of the NVRA.

All audits, review, and public records requests are the responsibility of DHS, Oregon Secretary of State Elections, and AAA/APD Central Office; local offices are only requested to cooperate with requests, like all other audits.

Should an auditor or reviewer unexpectedly appear in a local office or a local office receive a request for information, please immediately contact the agency coordinator for guidance:

H. Resources

2015 National Voter Registration Act Manual for Covered Agencies

If you would like to have training in your area, contact your program voter registration coordinator.

Voter registration forms

 

All SEL designated forms can be ordered through the FBOS system.