Purpose

Policy

Background

Release Date:

2/1/2023

Definitions

Requirements

Verification Docs

CalWORKs

40-103.4 National Voter Registration Act

Purpose

(  ) To release a new policy

(  ) To release a new form

(  ) To convert existing policy to new writing style only – No concept changes

(X) Revision of existing policy and/or form(s)

 

What Changed?

 

New and enhanced policy has been included regarding: 

 

1.     New voter registration eligibility requirements related to parolees.

2.     The Los Angeles County PA 106, Would you like to register to vote? (Voter Preference Form), was replaced with the State version of the preference form: NVRA Voter Preference Form (1/13). 

 

In addition, the system was programmed in July 2020 to remove the PA 106 from the Templates Repository and add the NVRA Voter Preference Form (1/13). The current form name in the system is the “Voter Preference Form.”

 

As a result of these policy and system changes, references to the PA 106 have been removed throughout this document and the PA 106 is now titled the Voter Preference Form (VPF).

 

3.     Replacing outdated Voter Registration Cards (VRCs) with updated VRCs. The current VRC’s revision date is 1/21. Any forms prior to this revision date are to be discarded.

4.     Changes within the “Political Party Preference, Optional Voter Information” Section on the VRC.

5.     Clarification that the VRC and VPF must be mailed to all applicants/participants who apply for benefits via the online portal, BenefitsCal.

6.     Telephone transactions must include the applicant’s/participant’s name, date, and voting preference on the VPF.

7.     CalSAWS has been programmed to include VPFs in only the seven mandatory languages: English, Cambodian/Khmer, Chinese, Korean, Spanish, Tagalog, and Vietnamese. Other languages provided by DPSS, but not mandated by the State, are Hindi, Japanese, and Thai.

8.     Line Operations Development (LOD) must ensure that each office provides updated Deputy Registrar information as well as a back-up via the monthly checklist.

9.     LOD must ensure each office completes the Monthly NVRA Compliance Review Checklist report and submits via SharePoint.  

 

Note: Changes are shown highlighted in grey throughout the document.   

Policy

All applicants and continuing participants/In-Home Supportive Services (IHSS) recipients must be given a VRC and an NVRA VPF, regardless of whether they indicate they want to register to vote or not, at the time of application for services, Renewal (RE), and when the Department is notified of a participant’s name or change of address. 

 

Staff must provide assistance with completing the VRC if needed and provide the same degree of assistance to all individuals, including those with a disability. This responsibility must be fulfilled whether the transaction occurs in person, online, over the telephone, or via mail.

Background

In 1993, the NVRA was signed into law requiring states to provide voter registration services at all public assistance offices and state-funded offices that serve people with disabilities. In 1995, DPSS implemented the NVRA, also known as Motor Voter. 

 

In 2012, Senate Bill (SB) 35 was signed into law to provide additional requirements for voter registration, increase accountability, and codify best practices. The NVRA and SB 35 require that voter registration materials be given at the time of application for services, RE, upon name/address change, and upon request. 

 

As a result of SB 113 (Chapter 619, Statutes of 2014), effective 2016, 16- and 17-year-olds can pre-register to vote and are provided voter registration services.  

 

On November 3, 2020, California passed Proposition 17 which removed being on parole as a barrier to voter registration. On August 5, 2021, the Secretary of State released details about:

 

1.     The new voter registration eligibility requirements for parolees; and

2.     Guidance to replace outdated VRCs with updated VRCs.

 

For uniformity throughout the State, the State version of the VPF replaced the DPSS PA 106 version.

Definitions

 

Term

Description

Apply for or RE of Benefits and Services

For CalWORKs, CalFresh (CF), Medi-Cal (MC), General Relief (GR), and IHSS Programs, the terms:

 

1.     “Apply” will be used when an applicant applies for any benefits and/or services or requests an application packet; and

2.     “Renewal (RE)” will be used for continuing benefits and services when a participant has a:

 

a.    Redetermination for CalWORKs;

b.    Reevaluation for CF;

c.    Annual Agreement for GR;

d.    Renewal for MC; and

e.    Reassessment for IHSS.

NVRA

NVRA is short for National Voter Registration Act and is a law that was passed in 1993 and took effect in 1995. NVRA requires designated public assistance agencies, including DPSS, to provide voter registration services when an applicant/participant/IHSS recipient applies for services, renews benefits and services during RE, or notifies DPSS of a name/address change.

SB 35

SB 35 includes additional NVRA requirements for voter registration, increases accountability, and identifies best practices which were not established upon implementation of the NVRA.

Voter Registration Services

Voter registration services include providing CalWORKs, CF, MC, GR, and Greater Avenue for Independence (GAIN) applicants/participants/IHSS recipients with a/an:

 

1.     VRC; and

2.     NVRA VPF, every time they:

 

a.    Apply for benefits and services;

b.    Renew benefits or services during RE;

c.    Report a name/address change; and

d.    Request to register to vote. 

 

Voter registration services as described above must also be provided when a home call is conducted.

 

Voter registration services must also be given during remote transactions (phone, mail, and online).

 

Note:  Covered California applications are addressed in the Examples Section of this release, under Frequently Asked Questions, number 2.

VRC

VRC is short for Voter Registration Card. To register to vote, a United States (U.S.) Citizen who is a resident of California must complete a VRC. VRCs must be:

 

1.     Replaced when they are outdated to avoid the possibility of unintentionally disenfranchising voters.

2.     Available in seven mandatory languages (English, Cambodian/Khmer, Chinese, Korean, Spanish, Tagalog, and Vietnamese) at all DPSS public contact offices. Although not mandatory, other languages that must be made available are Hindi, Japanese, and Thai. VRCs are issued to all applicants/participants/IHSS recipients when they apply for benefits and services, renew benefits and services during RE, or report a name/address change, and upon request.

VPF

VPF is short for Voter Preference Form. The VPF notifies applicants/participants/IHSS recipients of important rights and captures responses regarding whether the applicants/participants/IHSS recipients would like to register to vote.

 

VPFs are issued to all applicants/participants/IHSS recipients when they apply for benefits and services, renew benefits and services during RE, report a name/address change, or upon request. The VPF serves as proof that voter registration services were given to applicants/participants/IHSS recipients.

 

VPFs are developed and released by the Secretary of State’s (SOS) office and are available in seven mandatory languages (English, Chinese, Cambodian/Khmer, Korean, Spanish, Tagalog, and Vietnamese). Additional languages provided by DPSS, but not mandated by the State, are Hindi, Japanese, and Thai. VPFs must be retained for 24 months in a central chronological file folder. The folder that contains the VPFs must be in one location in sequential order by month/year.

Equal Assistance

If an applicant/participant/IHSS recipient requests assistance with completing a VRC or VPF, staff must provide the same level of assistance with those forms as is given with other DPSS forms.

Requirements

 

Requirement

Limit/Condition

SB 35

A California SB signed into law in 2012 that provides additional requirements for NVRA and mandates public assistance agencies to:

 

1.     Notify the County elections office of each office or site within DPSS;

2.     Designate an NVRA coordinator at each site;

3.     Order VRCs exclusively from the County elections office;

4.     Provide minority language forms as required by the federal Voting Rights Act;

5.     Train all employees annually who give voter registration services; and

6.     Display an online VPF and link to the California Online Voter Registration if the agency offers enrollment, renewals during Intake and RE transactions online.

SB 113

A California SB signed into law in 2016 that allows 16- and 17-year-olds to pre-register to vote. Once they turn 18 years of age, these individuals will be able to vote and will not be required to re-register.

The VPF and VRC must be provided to all applicants/ participants/ IHSS recipients

Individuals must not be discouraged from voting but can be encouraged to vote. A VPF and a VRC must be distributed to applicants/participants/IHSS recipients each time they:

 

1.     Apply for benefits and/or services;

2.     Renew during RE for benefits and/or services;

3.     Report a name/address change; or

4.     Request to register to vote.

 

Note:   This includes individuals who are at least 16 years of age as part of SB 113. 

 

If an applicant/participant/IHSS recipient:

 

1.     Declines to answer the VPF question, the individual must be provided a VPF and a VRC. This applies to remote transactions, as well as in-person transactions.

2.     Requests an application packet and takes it home to fill out on their own, they must be provided a VPF and VRC that is included in the application packet.

Language

The VRC and VPF are available and must be provided in:

 

·     English

·     Cambodian/Khmer

·     Chinese

·     Korean

·     Spanish

·     Tagalog

·     Vietnamese

 

The VPF is also available and should be provided in Hindi, Japanese, and Thai, although these are not State-mandated languages.

Deputy Registrar/Staff Assistant or Designee

VRCs completed by applicants/participants/IHSS recipients and submitted to DPSS district office staff must be forwarded to the Deputy Registrar/Staff Assistant or Designee for forwarding to the Registrar-Recorder’s Office (RRO) daily.

Staff Requirements (Eligibility Workers [EWs]/GAIN/

IHSS)

Provide voter registration services to applicants/participants/IHSS recipients which include:

 

1.     Asking, “If you are not registered to vote where you live now, would you like to register today?”

2.     Providing the opportunity to register to vote by providing CalWORKs, CF, MC, and GR applicants/participants/IHSS recipients with a:

 

a.    VPF; and

b.    VRC every time they:

 

·        

Apply for benefits and services;

·        

Renew benefits or services during RE;

·        

Report a name/address change; or

·        

Request to register to vote.

 

3.     Collecting the VRC and VPF. The VRC is forwarded to the Staff Assistant or designated person. Incomplete VPFs must be annotated on behalf of the applicant/participant/IHSS recipient with their name and the date. The checkboxes on the VPF may be left blank.

 

Voter registration services must be provided during all transactions: in-person, phone, mail, and online.

 

GAIN staff only provides the VPF and VRC each time a participant:

 

·        

Reports an address change; or

·        

Requests to register to vote.

 

Staff must not attempt to screen applicants/participants/IHSS recipients for voter eligibility.

 

Be aware of other factors that may arise which do not affect the eligibility to register to vote:

 

·        

Literacy - An individual is not required to read or write to register to vote. A registrant may mark an “X” or use a signature stamp as their signature on the signature line of the VRC;

·        

Conservatorship - A person under conservatorship is eligible to vote unless a court has revoked that individual’s right to vote;

·        

California Driver License (CDL), Identification (ID) card, or Social Security Number (SSN) - A voter may register without a CDL, ID card, or an SSN;

·        

Limited English proficiency - The inability to speak English does not affect the right to vote;

·        

Homelessness - An individual without a home or a permanent address may still register by providing a mailing address and an address or description of the location they consider home;

·        

Disability - A physical or cognitive disability does not affect the right to vote; or

·        

Parolee - A person who is paroled has the right to vote since they are not currently serving a State or federal prison term for the conviction of a felony.

Staff Assistant or designee

The Staff Assistant or designee must ensure the VPFs are:

 

·        

Retained for 24 months; and

·        

Kept in a central chronological file. This ensures that in the event of an audit/review, DPSS can readily demonstrate compliance.

 

The Staff Assistant or designee must also collect the completed VRCs from staff and mail them to the RRO daily.

 

Restrictions

Limit/Condition

DPSS staff must not

·        

Seek to influence the political party preference or party registration of any applicant/participant/IHSS recipient;

·        

Display any political preference or party allegiance;

·        

Make any statement or take any action that discourages an applicant/participant/IHSS recipient from registering to vote;

·        

Make any statement or take any action to lead the applicant/participant/IHSS recipient to believe that the decision to register or not to register to vote has any bearing on the receipt of services or benefits; and

·        

Attempt to screen applicants/participants/IHSS recipients for voter eligibility. If there are citizenship concerns, you can say, “You must be a U.S. Citizen and 18 years or older to vote.” Ultimately, it is the decision of the RRO to determine voter eligibility.

Verification Documents

N/A