National Voter Registration Act (NVRA)

Transcription

National VoterRegistration Act(NVRA)Office of Aging and Adult Services (OAAS)OAAS-TNG-17-015Reissued July 7, 2020

National Voter Registration Act (NVRA) NVRA is a federal law thatwent into effect in 1995. The Louisiana legislatureenacted Louisiana Revised Statute 18:116(and other statutes) to comply with NVRArequirements.Reissued July 7, 2020OAAS-TNG-17-015Slide 2 of 43

National Voter Registration Act (NVRA)The Act is designed to: Enhance voting opportunities forall Americans, and Make it easier for Americans to register to voteand maintain current voter registrationinformation.Reissued July 7, 2020OAAS-TNG-17-015Slide 3 of 43

National Voter Registration Act (NVRA) NVRArequires states to designate “voter registrationagencies”. This includes any office that provides statefunded program(s) primarily engaged in providingservice(s) to persons with disabilities. A “voter registration agency” MUST offer voterregistration opportunities to an applicant/participantduring certain interactions.Reissued July 7, 2020OAAS-TNG-17-015Slide 4 of 43

VoterRegistrationEligibilityRequirementsReissued July 7, 2020OAAS-TNG-17-015Slide 5 of 43

Voter Registration Eligibility RequirementsTo be eligible to register to vote, a person MUST: Be a United States citizen. Reside in the state and parish in which you seek to register. Be at least 17 years old (16 years old to register at the Louisiana Officeof Motor Vehicles or Registrar of Voters’ office) but must be 18 yearsold prior to next election to vote.Louisiana law allows any person age 17 to register to vote any timeprior to the first election at which he/she shall have attained the ageof 18 years.Reissued July 7, 2020OAAS-TNG-17-015Slide 6 of 43

Voter Registration Eligibility Requirements (cont’d)To be eligible to register to vote, a person must: NOT be under an order of imprisonment for conviction of a felony or if under such anorder not have been incarcerated pursuant to the order within the last 5 years and not beunder an order of imprisonment related to a felony conviction for election fraud or anyother election offense pursuant to R.S. 18:1461.2. NOT be under a judgment of full interdiction for mental incompetence or partialinterdiction with suspension of voting rights.It is NOT your responsibility to determine if the person is eligible to register to vote.The Registrar of Voters’ office will process the person’s voter application and determineif he/she meets the requirements.Reissued July 7, 2020OAAS-TNG-17-015Slide 7 of 43

OAAS VoterRegistrationAgencyReissued July 7, 2020OAAS-TNG-17-015Slide 8 of 43

OAAS Voter Registration AgencyThe Office of Aging and Adult Services(OAAS) is designated as a “voterregistration Agency” because it providesservices to persons withdisabilities.Reissued July 7, 2020OAAS-TNG-17-015Slide 9 of 43

Agencies/Programs Under OAASResponsible for NVRA ComplianceOAAS has identified the following agencies/programs responsible forNVRA compliance and/or reporting: OAAS State Office (SO) OAAS Compliance & AuditTeam (CAT) OAAS Regional Offices (ROs) Long Term Care (LTC)Access Services Contractor Long Term-Personal CareServices (LT-PCS) Contractor State Personal AssistanceServices (SPAS) ContractorReissued July 7, 2020 Support Coordination Agencies (SCAs) Program of All-Inclusive Care for the Elderly(PACE) Providers Home and Community-Based Services(HCBS) Waiver Registry Contractor Traumatic Head and Spinal Cord Injury(THSCI) Trust Fund Program Providers Permanent Supportive Housing (PSH)Providers Nursing Facility Admissions (NFA)OAAS-TNG-17-015Slide 10 of 43

Your Role in NVRA All agency/program staff MUST abide by the OAASNVRA policies and procedures as outlined in the OAAS NVRAManual. Each agency/program office MUST appoint an NVRArepresentative/coordinator that is responsible for managing andoverseeing NVRA records retention, reporting and trainingrequirements.Reissued July 7, 2020OAAS-TNG-17-015Slide 11 of 43

When must applicants/participants beoffered the opportunity to vote?An applicant/participant MUST be offered the opportunityto vote at the following times: Initial application/assessment for services Re-assessment for continued service eligibilitydetermination (e.g. annual re-assessment, etc.) Notification of name or address changeNOTE: Agencies MUST offer the opportunity to register to voteregardless of the method of interaction (face-to-face,through the U.S. mail delivery system or via electronicmedia (e-mail) transmissions).Reissued July 7, 2020OAAS-TNG-17-015Slide 12 of 43

REQUIREMENTSUNDERNVRAReissued July 7, 2020OAAS-TNG-17-015Slide 13 of 43

In-Person Contact RequirementsAgency staff assisting/assessing an applicant/participant in-personare required under NVRA to: Offer the applicant/participantthe opportunity to register tovote and/or change his or hername or address for voterregistration purposes. Document the response to theoffer on the OAAS VoterRegistration Declaration (VRD)form.Reissued July 7, 2020 Provide applicant/participant acopy of the Louisiana VoterRegistration Application (LA-VRA). Offer assistance with completingthe LA-VRA at the SAME LEVEL OFASSISTANCE offered and/orprovided when completing otherOAAS e 14 of 43

In-Person Contact Requirements (cont’d) Retain completed VRD formsdocumenting EVERY offer to register tovote. * Maintain a copy of the completed LAVRA form.* Review the LA-VRA to make sure thatthe applicant/participant completed thefollowing fields: Name;Address; andSignatureNOTE: LA-VRAs cannot be accepted ascomplete unless these three fieldsare completed. Mail, or otherwise deliver,completed LA-VRA forms to theRegistrar of Voters’ office for theparish in which theapplicant/participant lives withinthe timelines identified in the OAASNVRA Manual.NOTE: Some agencies must forwardthe completed LA-VRA form to thedesignated OAASoffice/representative who will thenforward to the respectiveRegistrar of Voters’ office withinthe timelines identified in theOAAS NVRA Manual.*According to the policy identified inthe OAAS NVRA Manual.Reissued July 7, 2020OAAS-TNG-17-015Slide 15 of 43

Remote Contact RequirementsAgency staff assisting an applicant/participant remotely, such as by telephone ore-mail inquiry, are required under NVRA to: During telephone calls applicable to NVRA transactions (as indicated inthe OAAS NVRA Manual), the applicant/participant should be remindedthat a VRD form and a LA-VRA form will be sent (or WERE sent) tohim/her with the other agency documents/forms.NOTE: For name and address changes, prepare and mail a Change ofName/Address Confirmation letter to the applicant/participant along with acopy of the LA-VRA and VRD within one (1) business day of the remotecommunication/contact. Document these actions in the applicant/participant’s file.Reissued July 7, 2020OAAS-TNG-17-015Slide 16 of 43

Remote Contact Requirements (cont’d) Retain completed VRD forms (if returned). * Maintain a copy of the LA-VRA form (if returned).* Verify that the returned LA-VRA form contains the applicant/participant’sname, address, and signature (prior to accepting the LA-VRA ascomplete). If the LA-VRA is missing one of these data elements, document thefollowing in the file: “An incomplete LA-VRA was received and it wasnot forwarded to the ROV.” The agency must send theapplicant/participant a new LA-VRA form with a letter informinghim/her that the LA-VRA form was incomplete.*According to the policy identified in the OAAS NVRA Manual.Reissued July 7, 2020OAAS-TNG-17-015Slide 17 of 43

Remote Contact Requirements (cont’d) Mail or otherwise deliver any received completed LA-VRA forms to theRegistrar of Voters’ office for the parish in which theapplicant/participant lives within the timelines identified in the OAASNVRA Manual.NOTE: Some agencies must forward the completed LA-VRA form tothe designated OAAS office/representative who will then forward tothe respective Registrar of Voters’ office within the timelinesidentified in the OAAS NVRA Manual.Reissued July 7, 2020OAAS-TNG-17-015Slide 18 of 43

NVRAFormsReissued July 7, 2020OAAS-TNG-17-015Slide 19 of 43

OAAS Voter Registration Declaration (VRD)For ALL in-person contacts, the OAAS VoterRegistration Declaration (VRD) form t is already registered tovote or elects NOT to complete the VRD form.Reissued July 7, 2020OAAS-TNG-17-015Slide 20 of 43

Reissued July 7, 2020OAAS-TNG-17-015Slide 21 of 43

OAAS Voter Registration Declaration (VRD) – (cont’d)If the applicant/participant declines to register to vote at a face to face meeting,have him/her mark “I do not want to register to vote” on the VRD form.An applicant/participant is considered to have declined to register to vote if he/sheFAILS to: Complete or sign the Voter Registration Declaration (VRD) form; or Check either box to indicate whether or not he/she wants to register to vote.If the applicant/participant is already registered to vote, he/she must still completethis form but just indicate this information on the form.NOTE: You MUST indicate on the VRD form under the “Comments/Remarks”section that the applicant/participant failed to complete or sign the VRD form;failed to check either box on this form; or “already registered to vote”.Reissued July 7, 2020OAAS-TNG-17-015Slide 22 of 43

Louisiana Voter Registration Application (LA-VRA)You MUST provide the same degree ofassistance to the applicant/participant incompleting the LVRA form as you wouldprovide to him/her in completing youragency’s forms.Reissued July 7, 2020OAAS-TNG-17-015Slide 23 of 42

Reissued July 7, 2020OAAS-TNG-17-015Slide 24 of 43

Louisiana Voter Registration Application (LA-VRA) – (cont’d)You MUST remind the applicant/participant that: You are available to provide assistance in completing theLouisiana Voter Registration Application (LA-VRA); Assistance is available at your office, or over the telephone, incompleting the LA-VRA; and Applicants/participants may mail the completed LA-VRAdocument back to your office, or they may mail it directly totheir parish Registrar of Voters’ office.Reissued July 7, 2020OAAS-TNG-17-015Slide 25 of 43

Louisiana Voter Registration Application (LA-VRA) – (cont’d) If the applicant/participant wants to register to vote and a LA-VRA formis completed, tell him/her: “You are not officially registered to voteuntil the parish Registrar of Voters’ office receives and approves yourapplication.” The form must be completed in BLACK ink. When you process a completed LA-VRA form, you MUST review theform for applicant’s name, address and ORIGINAL signature.NOTE: If any of those data elements are missing, the agency MUST instruct theapplicant/participant to fill in any of those missing items. If the LA-VRA form ismailed in and missing any of those items, the agency must document in theapplicant/participant’s file and send a “Incomplete Voter Registration” letter with anew LA-VRA form.OAAS-TNG-17-015Reissued July 7, 2020Slide 26 of 43

Louisiana Voter Registration Application (LA-VRA) – (cont’d) When you process a completed LA-VRA form, you MUST also fillout the following in the “Official Use Only” box:oCircle “SS (Disability)”,and;oSign your name (first and last name) on the “Received by”line and put the date the LA-VRA was received.Reissued July 7, 2020OAAS-TNG-17-015Slide 27 of 43

Louisiana Voter Registration Application (LA-VRA) – (cont’d) If an applicant/participant does not want you to assistwith completing the LA-VRA and states that they willcomplete it later, give him/her the LA-VRA form andindicate this information on the VRD form. (He/shewanted to register to vote but didn’t need assistanceand wants to complete the form later.) If an applicant requests a LA-VRA for a friend or a familymember, please provide the LA-VRA form to him/her.Reissued July 7, 2020OAAS-TNG-17-015Slide 28 of 43

Ordering LA-VRA Forms LA-VRA forms are available through the Secretary of State’s (SOS) Office. LA-VRA forms can be ordered by calling the SOS-Registration Division at225-922-0900. LA-VRA forms are available through each parish Registrar of Voters’office and can be downloaded and printed from the Secretary of Statewebsite (www.sos.la.gov) or by clicking here. All NVRA information and forms relative to OAAS are available on theOAAS website ry/142Reissued July 7, 2020OAAS-TNG-17-015Slide 29 of 43

Reporting Requirements Within three (3) business days after the close of each quarterly reportingperiod, the agency/program’s NVRA representative MUST report to theOAAS NVRA Office Coordinator on the appropriate OAAS NVRA QuarterlyActivity Program Report form. This report will include: Total number of applications for service, assistance or admission,recertification, and changes of address relating to such service orassistance received; Total number of VRD forms received; andTotal number of completed Louisiana VoterRegistration Applications received and forwarded to the appropriateRegistrar of Voters’ office.Reissued July 7, 2020OAAS-TNG-17-015Slide 30 of 43

Reporting Requirements (cont’d)The OAAS NVRA Quarterly Program Reporting form can beaccessed on the OAAS website at the following web A/NVRA-Quarterly-Report-Form.pdfThe quarterly reporting periods are: Reissued July 7, 2020First Quarter January 1 – March 31Second Quarter April 1 – June 30Third Quarter July 1 – September 30Fourth Quarter October 1 – December 31OAAS-TNG-17-015Slide 31 of 43

OAAS NVRA Quarterly Program Reporting FormReissued July 7, 2020OAAS-TNG-17-015Slide 32 of 43

Record Retention Agencies/Programs, or their designated OAAS representative,MUST retain all completed VRD forms and copies of allcompleted LA-VRA forms according to the OAAS NVRA Manual. Copies of VRD and LA-VRA forms MUST be kept, either in hardcopy form OR scanned into electronic format for 2 yearsfollowing the end of the calendar year in which therecord was created and according to the OAAS NVRAManual.Reissued July 7, 2020OAAS-TNG-17-015Slide 33 of 43

DO NOT do the following:Agencies/program staff are prohibited from: Trying to influence an applicant’s/participant’s political preference orparty registration; Displaying any political preference or party allegiance; and/or Making any statement or taking any action which would: Discourage the applicant/participant from registering to vote; and/or Lead the applicant/participant to believe that a decision to register ornot to register to vote would have any bearing on the availability ofOAAS services or benefits from OAAS and/or the agency.Reissued July 7, 2020OAAS-TNG-17-015Slide 34 of 43

Protect Confidential InformationAgencies/program staff MUST protect confidential information related toNVRA at all times and NEVER disclose this information outside the NVRAprocess: Applicant/participant declined to register to vote;Specific location where the applicant/participant applies to register tovote;The fact that the applicant/participant is entitled to assistance in voting;Applicant’s/participant’s identifying information: SSN Mother’s maiden name Driver’s License # E-mail address(es) DOB (day and month)Reissued July 7, 2020OAAS-TNG-17-015Slide 35 of 43

Training RequirementsAgencies/programs MUST provide training to all employees (e.g.student workers, volunteers, temporary workers, etc.) who areinvolved in any of the OAAS NVRA processes and perform one ormore of the following functions: Intake; Assessment and re-assessment for program eligibility; and Change of Name or AddressReissued July 7, 2020OAAS-TNG-17-015Slide 36 of 43

Training Requirements (cont’d)Agencies/programs MUST provide training to staff thatperform NVRA duties: Within (30) calendar days of employment for newemployees Annually for existing employees(use calendar year)Reissued July 7, 2020OAAS-TNG-17-015Slide 37 of 43

Training Requirements (cont’d) Training requirements are considered fulfilled when the agency/programstaff involved in the NVRA process: Attends the Secretary of State’s (SOS) Office annual in-person NVRA training,or Completes the Secretary of State’s (SOS) Office on-line NVRA training v/NVRA/SOS/story html5.html.NOTE: In addition to the SOS trainings, agencies must refer to the OAAS NVRAManual and the NVRA documents found on the OAAS NVRA webpage in order tocomply with the specific OAAS NVRA requirements.For OAAS employees: LDH NVRA training is available in the LouisianaEmployees Online (LEO) system.Reissued July 7, 2020OAAS-TNG-17-015Slide 38 of 43

General Provisions Complaints regarding voter registration MUST be reported to theOAAS NVRA Office Coordinator within two (2) business days ofreceipt. Any questions, concerns, and/or requests for documents, forms,additional guidance and/or training related to this policy shouldbe immediately referred to the employee’s supervisor and /or theOAAS NVRA Office Coordinator. Failure to comply with the provisions of this policy may result indisciplinary action and/or other penalties as appropriate.Reissued July 7, 2020OAAS-TNG-17-015Slide 39 of 43

NVRA ResourcesThe following NVRA resources are available on the OAAS website: OAAS NVRA national-voter-registration-act-manual.pdf Voter Registration Declaration (VRD) AS-VoterRegistrationDeclarationForm.pdf Louisiana Voter Registration Application ublishedDocuments/ApplicationToRegisterToVote.pdf OAAS Name/Address Confirmation NVRA Name-Address-Confirmation-Letter.pdf OAAS Incomplete Voter Registration NVRA Incomplete-Voter-Application-Letter.pdf OAAS NVRA Quarterly Program Reporting RA-Quarterly-Report-Form.pdfReissued July 7, 2020OAAS-TNG-17-015Slide 40 of 43

NVRA Resources (cont’d)If an applicant/participant has any questionsregarding NVRA, you may refer him/her to theparish Registrar of Voters’ office or to theSecretary of State’s website atwww.GeauxVote.comReissued July 7, 2020OAAS-TNG-17-015Slide 41 of 43

OAAS NVRA ContactsQuestions regarding NVRA and the OAAS NVRA policy should be referredto:Rebecca Clement , LDH Legal225-342-6401Rebecca.Clement@la.govorHeather Newsom, OAAS NVRA Office ed July 7, 2020OAAS-TNG-17-015Slide 42 of 43

QuestionsReissued July 7, 2020OAAS-TNG-17-015Slide 43 of 43

National Voter Registration Act (NVRA) The Act is designed to: Enhance voting opportunities for all Americans, and Make it easier for Americans to register to vote and maintain current voter regist