NVRA

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What is NVRA". Congress enacted the National Voter Registration Act of 1993 (also known as the "NVRA" and the "Motor Voter Act"), to enhance voting opportunities for every American. The Act has made it easier for all Americans to register to vote and to maintain their registration.The NVRA allows the Department of Justice to bring civil actions in federal court to enforce its requirements. .

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NVRA

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1. NVRA

2. What is “NVRA” Congress enacted the National Voter Registration Act of 1993 (also known as the "NVRA" and the "Motor Voter Act"), to enhance voting opportunities for every American. The Act has made it easier for all Americans to register to vote and to maintain their registration. The NVRA allows the Department of Justice to bring civil actions in federal court to enforce its requirements. 2 Montana Secretary of State Linda McCulloch - December 2009

3. When does NVRA List Maintenance begin? It starts every odd-numbered year. Must be completed at least 90 days before the June primary in each even year. 3 Montana Secretary of State Linda McCulloch - December 2009

4. Why is List Maintenance required? NVRA includes a requirement for list maintenance. Montana law, 13-2-220, MCA, was enacted to ensure compliance with NVRA. The process: confirms whether voters have moved; prompts them to update their registration; and allows election administrators to remove people who do not respond to confirmation mailings and then fail to vote in two federal general elections. 4 Montana Secretary of State Linda McCulloch - December 2009

5. Who are the voters affected? Only active electors are affected. Note: Inactive electors have already been sent the required mailings and failed to respond and will either activate or will be removed after two federal general elections after the mailings are sent. 5 Montana Secretary of State Linda McCulloch - December 2009

6. What do the NVRA confirmation mailings look like? See the forms booklet for suggested forms. Forms can be found at the SOS Sharepoint site accessible from the MT Votes log-in screen 6 Montana Secretary of State Linda McCulloch - December 2009

7. Who gets the first mailing? Electors who did not vote in the preceding federal general election. Section 13-2-220, MCA provides other options for types of voters/nonvoters (including utilizing NCOA or door-to-door canvass) although these are rarely used. 7 Montana Secretary of State Linda McCulloch - December 2009

8. What about absentee voters? If an individual applies for an absentee ballot, but does not return that ballot, that absentee voter does not go into the NVRA process. The voter receives voting credit even though the ballot was not returned. 8 Montana Secretary of State Linda McCulloch - December 2009

9. What about absentee voters? This is because the purpose of the NVRA process is to keep the voter file updated with current voter information. By applying for an absentee ballot, a voter is confirming his address and the fact that he does not return his ballot does not make him subject to inactivation per NVRA because he has indicated he is still a legal voter in your county. 9 Montana Secretary of State Linda McCulloch - December 2009

10. Are these first mailings forwardable or non-forwardable? Do counties pay return postage on these first mailings? The first mailings can be either forwardable or non-forwardable, at the county’s option. Counties are not responsible for return postage on these first mailings. 10 Montana Secretary of State Linda McCulloch - December 2009

11. What are the possible outcomes after sending the first notice? Voter confirms address in the county Voter lists a residence address outside the county Voter cancels voter registration Voter does not return the card or card is undeliverable 11 Montana Secretary of State Linda McCulloch - December 2009

12. What should county election officials do after the first mailing? Voter confirms address in the county County action: keep on the rolls Voter lists a residence address outside the county County action: cancel voter if voter requests cancellation in your county Voter cancels voter registration County action: cancel voter Voter does not return the card/card is undeliverable County action: send second mailing 12 Montana Secretary of State Linda McCulloch - December 2009

13. How long should a county election official wait after sending the first notice to send a second? The laws are not specific and times are generally set administratively by the county election administrator. Whatever time limit you choose, allow sufficient time for the elector to receive the first card and return it – otherwise you may end up unnecessarily sending a second notice and confusing the voter, if the voter returns the first notice in the meantime. 13 Montana Secretary of State Linda McCulloch - December 2009

14. Who gets the second mailing? Only those who did not respond to the first mailing, or whose notification was returned as undeliverable. 14 Montana Secretary of State Linda McCulloch - December 2009

15. Are these second mailings forwardable or non- forwardable? Do counties pay return postage? The second mailings are always sent by forwardable mail. Counties are responsible for return postage on these second mailings. 15 Montana Secretary of State Linda McCulloch - December 2009

16. What should county election officials do after the second mailing? Voter confirms address in the county County action: keep on the rolls Voter lists a residence address outside the county County action: cancel voter if voter requests cancellation in your county Voter cancels voter registration County action: cancel voter Voter does not return the card/card is undeliverable County action: put on inactive list 30 days after mailing of 2nd notice 16 Montana Secretary of State Linda McCulloch - December 2009

17. Handling Inactive Electors 17 Montana Secretary of State Linda McCulloch - December 2009

18. What do mail ballot elections have to do with NVRA list maintenance? If the ballot of an elector in a mail ballot election is returned undeliverable, the election administrator must mail a confirmation notice to the elector that follows the requirements for a second NVRA notice – it must be forwardable, first-class, return postage prepaid, and return-addressed. If the notice is returned undeliverable to the election administrator, the elector is placed on the inactive list. However, lack of response does not inactivate an elector! 18 Montana Secretary of State Linda McCulloch - December 2009

19. Help with Postal Issues For help on postal form regulations, you may contact: Manager, Business Mail Entry 841 South 26th Street Billings MT 59101-9651 Phone 406.657.5780 Fax 650.577.4142 19 Montana Secretary of State Linda McCulloch - December 2009

20. NVRA List Management Process Overview 20 Montana Secretary of State Linda McCulloch - December 2009

21. 2009 SOS Guidelines on NVRA 21 Montana Secretary of State Linda McCulloch - December 2009

22. Montana Votes Overview NVRA - File Extract process 22 Montana Secretary of State Linda McCulloch - December 2009

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25. Once you have calculated your voters you will have two choices on how to transport the data of the NVRA voters to a format from which you can print them. Method one : Print the labels now Method two: Extract the data for printing later Once the data is printed or extracted you cannot go back later and redo it. 25 Montana Secretary of State Linda McCulloch - December 2009

26. Remember to click the “Change Voter Status” button. 26 Montana Secretary of State Linda McCulloch - December 2009

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52. Question: What should I do if a voter claims to have registered at MVD through the NVRA process? 52 Answer: If, on election day, a voter shows up to vote who claims to have registered with MVD, and upon investigation, there is a proven or admitted administrative error at MVD, the elector may vote a regular ballot. If the issue cannot be resolved in time, the elector must vote a provisional ballot. Montana Secretary of State Linda McCulloch - December 2009

53. Question: Now do I know all I need to know about the National Voter Registration Act??! 53 Answer The NVRA was enacted in 1993, and every year since then it seems like something new is learned about the process. Congress enacted the NVRA to “enhance voting opportunities for every American”. This presentation should answer many questions about the Act itself, the NVRA administration process, and the process to be followed in Montana Votes. Contact the MT Votes Help Desk for questions about the NVRA process in MT Votes, and the SOS Elections Division for questions about administration of the Act. Montana Secretary of State Linda McCulloch - December 2009

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