SUPERINTENDENT OF ELECTIONS

VOTERS SUBJECT TO THE IDENTIFICATION REQUIREMENTS: FREQUENTLY ASKED QUESTIONS

The "Help America Vote Act of 2002" requires a first-time registrant by mail, who has never voted in a federal lection in the county of registration, to provide identification.

Q. WHEN DID HAVA IDENTIFICATION REQUIREMENTS COME INTO EFFECT?

A. January 1, 2003.

On or after January 1, 2003, any person who registered by mail to vote in your county for the first-time, and has never voted in a federal election in your county, is subject to the identification requirements.

Q. WHAT IS A REGISTRATION APPLICATION "BY MAIL"?

A. Generally, it is a voter registration form that is delivered to the county commissioner of registration office by the Post Office.

Q. ARE REGISTRATION APPLICATIONS SENT TO THE STATE DIVISION OF ELECTIONS CONSIDERED "BY MAIL"?

A. All voter registration forms that are sent to the Division of Elections from other official voter registration agencies are not "by mail".

The Division of Elections receives voter registration applications from official voter registration agencies, such as the Department of Health (WIC), Department of Human Services (Division of Vocational Rehabilitation), and the Department of Human Services (Welfare, Division of Developmental Disabilities). None of these forms are "by mail". None of these registrants can be asked for identification.

A. All voter registration forms that are mailed to the Division of Elections by individual registrants are "by mail".

Q. HOW WILL A COUNTY COMMISSIONER OF REGISTRATION KNOW WHICH FORM FROM THE DIVISION OF ELECTIONS WILL REQUIRE IDENTIFICATION?

A. The Division of Elections will identify for each county commissioner of registration which mailed forms are not received from an official voter registration agency.

Q. ARE REGISTRATION FORMS THAT ARE DELIVERED TO A MUNICIPAL CLERK AND MAILED TO A COUNTY COMMISSIONER OF REGISTRATION "BY MAIL"?

A. No, the municipal clerk is an official voter registration agent.

Q. ARE REGISTRATION FORMS DELIVERED BY FEDERAL EXPRESS OR ANOTHER PRIVATE COURIER SERVICE CONSIDERED "BY MAIL"?

A. No.

Q. ARE REGISTRATION FORMS MAILED TO THE COUNTY COMMISSIONER OF REGISTRATION OR THE DIVISION OF ELECTIONS BY A PRIVATE ORGANIZATION "BY MAIL"?

A. Yes.

Private organizations, such as a political party organization, candidate's campaign or a public interest group, are not official voter registration agents.

Q. WHAT IF A VOTER REGISTRATION FORM IS WALKED INTO THE COUNTY COMMISSIONER OF REGISTRATION OFFICE BY THE REGISTRANT?

A. That is not a registration "by mail". No identification is required of that registrant.

Q. WHAT IF A PERSON WALKS INTO THE COUNTY COMMISSIONER OF REGISTRATION OFFICE WITH ANOTHER PERSON'S REGISTRATION FORM?

A. No voter registration form that is hand-delivered to a voter registration agency is a "by mail" registration.

Q. WHO IS A FIRST-TIME VOTER IN THE COUNTY?

A. A person who registers in the county and has never voted in a federal election in that county.

Q. WHAT ABOUT A REGISTRANT WHO HAD A PREVIOUS REGISTRATION IN THE COUNTY THAT WAS REMOVED FROM THE REGISTRY LIST AND SUBMITS A NEW REGISTRATION BY MAIL AFTER JANUARY 1, 2003?

A. If that person voted in a federal election under the old registration, that person is not a first-time registrant who is subject to the identification requirements.

For example: A voter was removed from the registry list because of the confirmation process, a move out of the county or for criminal disqualification. If that voter submits a new registration application, the county commissioner
of registration must check the voter's prior voting record to determine whether the voter ever voted in a federal election in the county.

Q. ARE THERE ANY FIRST-TIME REGISTRANTS WHO ARE EXEMPT FROM THE IDENTIFICATION REQUIREMENTS?

A. Yes.

Any voter who is entitled to vote by absentee ballot under the federal Uniformed and Oversees Citizens Absentee Voting Act; or any voter who is provided the right to vote under the federal Voting Accessibility for the Elderly and Handicapped Vote, is exempt from the identification requirements.