COMMENT DUE DATE:
October 27, 2014
DATE:
October 17, 2014
Laura Brown, AFS (405) 521-4396
Dena Thayer, OIRP Programs Administrator (405) 521-4326
Nancy Kelly, OIRP Policy Specialist (405) 522-6703
RE:
APA WF 14-20
The proposed policy is Emergency . This proposal is subject to the Administrative Procedures Act
SUBJECT:CHAPTER 65. PUBLIC ASSISTANCE PROCEDURES
Subchapter 11. Voter Registration
OAC 340:65-11-3 [AMENDED]
(Reference WF 14-20)
SUMMARY:The proposed revision to Chapter 65 Subchapter 11 amends voter registration rules to comply with Section 7 of the National Voter Registration Act (NVRA) of 1993 [Public Law 103-31], comply with a ruling by a Federal Court of Appeals (Valdez v. Squier, 676 F.3d 935, 945-46 (10th Cir. 2012)), and be responsive to a letter received from agencies involved in voter registration activities that allege Oklahoma is not in compliance with the NVRA.Proposed amendments include: (1) changing how the Oklahoma Department of Human Services (DHS) Adult and Family Services (AFS) staff responds whenan applicant or recipient does not respond to the voter registration offer; (2) adding information regarding when AFS staff is required to offer voter registration services, staff prohibitions, training requirements, local voter registration site coordinator duties, and data collection requirements; and (3) updating terminology.
EMERGENCY APPROVAL:Emergency rulemaking approval is requested to comply with the NVRA and avoid possible litigation and monetary penalties.
LEGAL AUTHORITY:Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes (O.S. 56 § 162); Public Law 103-31, Section 4-109.2 of Title 26 of the Oklahoma Statutes, and the ruling by a Federal Court of Appeals (Valdez v. Squier, 676 F.3d 935, 945-46 (10th Cir. 2012).
Rule Impact Statement
To:Programs administrator
Office of Intergovernmental Relations and Policy
From:Jim Struby
Adult and Family Services Director, Director
Date:October 17, 2014
Re:CHAPTER 65. PUBLIC ASSISTANCE PROCEDURES
Subchapter 11. Voter Registration
OAC 340:65-11-3 [AMENDED]
(Reference WF 14-20)
Contact: Laura Brown 521-4396
A.Brief description of the purpose of the proposed rule:The proposed revision to Chapter 65 Subchapter 11 amend voter registration rules to comply with Section 7 of the National Voter Registration Act (NVRA) of 1993 [Public Law 103-31], comply with a ruling by a Federal Court of Appeals (Valdez v. Squier, 676 F.3d 935, 945-46 (10th Cir. 2012)), and be responsive to a letter received from agencies involved in voter registration activities that allege Oklahoma is not in compliance with the NVRA.Proposed amendments include: (1) changing how the Oklahoma Department of Human Services (DHS) Adult and Family Services (AFS) staff responds whenan applicant or recipient does not respond to the voter registration offer; (2) adding information regarding when AFS staff is required to offer voter registration services, staff prohibitions, training requirements, local voter registration site coordinator duties, and data collection requirements; and (3) updating terminology.
Strategic Plan Impact.
The proposed rules achieve the Oklahoma Department of Human Services (DHS) goal of continuously improving systems and processes to achieve DHS goals.
Substantive changes.
Oklahoma Administrative Code 340:65-11-3 is amended to (1) how the AFS staff responds whenan applicant or recipient does not respond to the voter registration offer;(2) add information regarding when AFS staff is required to offer voter registration services, staff prohibitions, training requirements, local voter registration site coordinator duties, and data collection requirements; and (3) update terminology.
Reasons.
A letter was sent on behalf of the Metropolitan Tulsa Urban League, the League of Women Voters of Oklahoma and Metropolitan Tulsa, and the YWCA Tulsa notifying the Oklahoma State Election Board that DHS is not in compliance with the NVRA.The letter specifically mentions that 340:65-11-3 contains an incorrect statement regarding worker action when a client does not answer the voter registration question on the Voter Registration Statement. The proposed revision addresses concerns raised and will help AFS staff more fully comply with the NVRA.
Repercussions.
If the proposed rule is not amended, DHS will not be fully complying with the NVRA and may be subject to litigation and monetary penalties.
Legal authority. Director of Human Services; Section 162 of Title 56 of the Oklahoma Statutes; Public Law 103-31, Section 4-109.2 of Title 26 of the Oklahoma Statutes, and the ruling by a Federal Court of Appeals (Valdez v. Squier, 676 F.3d 935, 945-46 (10th Cir. 2012).
Emergency rulemaking approval is requested.
B.A description of the classes of persons who most likely will be affected by the proposed rule, including classes that will bear the costs of the proposed rule, and any information on cost impacts received by the Agency from any private or public entities: The classes of persons most likely to be affected by the proposed rules are applicants and recipients of benefits administered by AFS and AFS staff.The affected classes of persons will bear no costs associated with implementation of the rules.
C.A description of the classes of persons who will benefit from the proposed rule:The class of persons who will benefit from the proposed rule revision are applicants and recipients of benefits administered by AFS and AFS staff.
D.A description of the probable economic impact of the proposed rule upon the affected classes of persons or political subdivisions, including a listing of all fee changes and, whenever possible, a separate justification for each fee change: The proposed revision do not have an economic impact on affected entities.There are no fee changes associated with the revised rules.
E.The probable costs and benefits to the Agency and to any other agency of the implementation and enforcement of the proposed rule, the source of revenue to be used for implementation and enforcement of the proposed rule and any anticipated effect on state revenues, including a projected net loss or gain in such revenues if it can be projected by the Agency:The probable cost to DHS includes the cost of printing and distributing the rules, which is estimated to be less than $20. Process changes will lead to an approximate increase of 1,285 in voter registration applications mailed to clients a month.This will translate to an overall estimated annual increase in mail expense by $5,760.This will be accounted for in the overall DHS mail processing budget.If the rule is not approved, DHS may be subject to litigation that could contain financial penalties.
F.A determination whether implementation of the proposed rule will have an impact on any political subdivisions or require their cooperation in implementing or enforcing the rule: The proposed rules do not have an economic impact on any political subdivision, nor will the cooperation of any political subdivisions be required in implementation or enforcement of the rules.
G.A determination whether implementation of the proposed rule will have an adverse economic effect on small business as provided by the Oklahoma Small Business Regulatory Flexibility Act: There are no anticipated adverse effects on small business as provided by the Oklahoma Small
Business Regulatory Flexibility Act.
H.An explanation of the measures the Agency has taken to minimize compliance costs and a determination whether there are less costly or nonregulatory methods or less intrusive methods for achieving the purpose of the proposed rule: There are no less costly or non-regulatory methods or less intrusive methods for achieving the purpose of the proposed rule.
I.A determination of the effect of the proposed rule on the public health, safety, and environment and, if the proposed rule is designed to reduce significant risks to the public health, safety, and environment, an explanation of the nature of the risk and to what extent the proposed rule will reduce the risk: The proposed rule is not expected to affect public health, safety, or the environment.It is expected to increase voter registration access for applicants and recipients.
J.A determination of any detrimental effect on the public health, safety, and environment if the proposed rule is not implemented: If the proposed rule is not approved and a financial penalty is imposed, it may affect delivery of benefits.
K.The date the rule impact statement was prepared and, if modified, the date modified: Prepared October 17, 2014.
CHAPTER 65. PUBLIC ASSISTANCE PROCEDURES
SUBCHAPTER 11. VOTER REGISTRATION
340:65-11-3. Forms used in providing voter Voter registration services
Issued 6-1-13 Revised 11-1-14
(a) With every application, benefit renewal, or any time a change of address is reported, local county office or support center staff provides the applicant or recipient with the Oklahoma Voter Registration Statement and the Oklahoma Voter Registration Application.¢ 1All voter registration materials are kept confidential.
(1) Oklahoma Voter Registration Statement.When an applicant or recipient:
(A) chooses to register to vote, the person must sign and return the Oklahoma Voter Registration Statement to the local county office; or¢ 2
(B) does not complete the Oklahoma Voter Registration Statement, it is presumed the person does not wish to register.
(2) Oklahoma Voter Registration Application.
(A) When an applicant or recipient submits an Oklahoma Voter Registration Statement indicating that he or she wants to register to vote, the person is provided an Oklahoma Voter Registration Application.
(B) Oklahoma Department of Human Services (OKDHS) staff in the county office or support center offers the same degree of assistance in completing the Oklahoma Voter Registration Application as they offer in completing OKDHS application forms, unless the person refuses such assistance.¢ 3
(b) The State Election Board provides OKDHS with pre-addressed, postage-paid envelopes to transmit Oklahoma Voter Registration Application forms.
Voter registration offer.Adult and Family Services (AFS) staff is federally mandated to offer voter registration services to applicants and recipients for qualifying events included in (1) through (3).Qualifying events include when persons:¢ 1
(1) apply for AFS benefits, such as Child Care Subsidy, Low Income Home Energy Assistance Program, SoonerCare (Medicaid), State Supplemental Payment, Supplemental Nutrition Assistance Program (SNAP), and Temporary Assistance for Needy Families;
(2) complete a mid-certification benefit renewal, annual benefit renewal, or SNAP certification renewal; or
(3) report an address change.¢ 2
(b) Voter registration forms.Voter registration forms include Form 08MP007E, Voter Registration Statement, and the Oklahoma State Election Board's, Oklahoma Voter Registration Application.¢ 3
(1) The applicant, recipient, or the worker records the applicant's or recipient's decision to apply or decline to register to vote.¢ 4
(2) When the applicant or recipient wants to apply to register to vote or does not want to answer the question:"If you are not registered to vote where you live now, would you like to apply to register to vote here today?" on Form 08MP007E, Voter Registration Statement, the Oklahoma Voter Registration Application is given or mailed to the applicant or recipient.
(3) When the applicant or recipient declines to apply to register to vote, an Oklahoma Voter Registration Application is not given or mailed to the applicant or recipient.
(c) Assistance completing the Oklahoma Voter Registration Application. AFS staff offers the same degree of assistance in completing the Oklahoma Voter Registration Application as is provided when completing the AFS application and renewal forms.¢ 5
(d) Confidentiality.AFS staff keeps the applicant's or recipient's decision to register or not to register to vote and all voter registration materials confidential.
(e) Prohibitions.AFS staff must not:
(1) seek to influence an applicant’s or recipient's political preference or party registration;
(2) display political preference or party allegiance;
(3) make statements or take action that has the purpose or effect ofdiscouraging the applicant or recipient from registering to vote; or
(4) make statements or take action that has the purpose or effect of leading the applicant or recipient to believe that a decision to apply to register or a decision not to register to vote has any bearing on the availability of services or benefits.
(f) Record retention.AFS staff images and files a completed Form 08MP007E in the applicant's or recipient's case record.Form 08MP007Es, when completed, are retained until the case record is destroyed per Oklahoma Administrative Code 340:65-1-6
(g) Training.AFS staff are required to view voter registration training within 30 calendar days of his or her enter on duty date and annually thereafter.¢ 6
(h) Local voter registration site coordinator.Each county director and field manager is responsible for assigning a local voter registration site coordinator.Site coordinator duties include:
(1) maintaining a sufficient supply of Oklahoma Voter Registration Application forms;¢ 3
(2) the daily compilation of all completed and partially completed Oklahoma Voter Registration Application forms and mailing them to the Oklahoma State Election Board at the close of each business week in the preaddressed, prepaid, postage envelopes provided by the Oklahoma State Election Board;¢ 7
(3) maintaining all voter registration posters as required;
(4) monitoring staff compliance with standard voter registration procedures included in this Section;¢ 8 and
(5) monitoring the staff’s completion of annual voter registration training.¢ 6
(i) Data collection.DHS produces a statewide monthly report regarding voter registration activity based on automated data collection.¢ 9
INSTRUCTIONS TO STAFF 340:65-11-3
Issued 6-1-13Revised 11-1-14
1.When a face-to-face interview is not conducted, the Oklahoma Voter Registration Application is mailed to the person.The person's name and the date the form was mailed are entered on the Oklahoma Voter Registration Statement and routed to Support Services Division (SSD) Departmental Services Unit (DSU) Records Management Section.
(a) For example, when a person applies for Supplemental Nutrition Assistance Program (SNAP) food benefits on the10th of the month and applies for Child Care Subsidy benefits on the 20th of the same month, the worker offers voter registration services at each application.
(b) Whichever AFS staff person interacts with the applicant or recipient is the person that must make the voter registration offer.For example, when an applicant or recipient drops off a renewal without staying to see a worker or calls to report an address change, the receptionist or other support personnel makes the voter registration offer.
(c) An authorized representative, guardian, family member, or other person acting on behalf of the applicant or recipient cannot agree or decline to register an applicant or recipient to vote.When someone acting on behalf of the applicant or recipient applies or renews benefits or reports an address change, AFS staff offers voter registration services to that person.
(1) For example, when Jane Smith renews benefits for her grandmother, AFS staff offers voter registration services to Jane Smith for Jane Smith, not for her grandmother.
(2) When the offer is not made in person and the voter registration application is mailed, it is mailed to the case mailing address.
(d) AFS staff is required to offer and record voter registration services only to the person completing the application, renewal, or address change.When other household members are present during an interview, the worker offers each of them an Oklahoma Voter Registration Application, but does not record their responses in Family Assistance/Client Services (FACS).
(e) The AFS worker documents the voter registration offer and the applicant's or recipient's response in the FACS voter registration request dialogue box.
(1) When the worker opens a case in FACS, a Voter Registration Request dialogue box appears prompting the worker to select the action taken for this case.Types of action include:
(A) address change;
(B) application or SNAP certification renewal, (not initiated through OKDHSLive);
(C) mid-certification or annual renewals, (not initiated through OKDHSLive).Includes re-opens after a 36S closure;
(D) application, renewal, or address change, but includes the voter registration process already recorded for this action; and
(E) other.
(2) When the worker chooses (1)(A), (B), or (C), the second Voter Registration Request dialogue box appears.The worker records the applicant's or recipient's response to the voter registration offer before the worker is able to access other FACS tabs and fields.Possible responses include:
(A) Yes (a voter registration application will be mailed);
(B) Yes, a voter registration application was provided in person (no voter registration application will be mailed);
(C) No (no voter registration application will be mailed); and
(D) I do not want to answer the question (a voter registration application will be mailed).
(3) Every time a response is collected through FACS or OKDHSLive, a Case Info type case note is created that reads, "Voter registration statement completed."
(f) Before submitting an application or renewal through OKDHSLive, the applicant or recipient must answer the question, "If you are not registered to vote where you live now, would you like to apply to register to vote here today?"The applicant or recipient may review hyperlinked Form 08MP007E, Voter Registration Statement, prior to answering the question.
(1) Possible responses to the voter registration offer include:
(A) yes, please mail a voter registration application to the case mailing address; or
(B) no.
(2) A FACS case note is created that reads, "Voter registration statement completed."
(g) When an Oklahoma Voter Registration Application is mailed to an applicant or a recipient, a cover sheet is attached explaining why it was mailed, reiterating information contained on Form 08MP007E, and listing 1-877-653-4798 as the telephone number to call for assistance.
2.The Oklahoma Voter Registration Statement must be retained by the Oklahoma Department of Human Services (OKDHS) for 24 months.Failure to retain the Oklahoma Voter Registration Statement may result in penalties or litigation for OKDHS.The applicant or recipient may report address changes in person, by telephone or email, or through the mail.When the:
(1) applicant or recipient drops off or mails an address change without talking with someone and the worker does not need additional information before making the address change, the worker chooses, "Yes (a voter registration application will be mailed)" as the response to the voter registration prompt in the FACS Voter Registration Request dialogue box;
(2) AFS worker telephones the applicant or recipient about the address change, the worker offers voter registration services and records the applicant’s or recipient's response in the FACS Voter Registration Request dialogue box;
(3) receptionist speaks to the applicant or recipient about the address change, the receptionist offers voter registration services and asks the applicant or recipient to answer the voter registration question and sign Form 08MP007E.
(A) When the applicant or recipient checks, "Yes" or "I do not want to answer this question," the receptionist gives him or her an Oklahoma Voter Registration Application form and offers to assist with completion of the application.If the applicant or recipient refuses to answer the voter registration question or to sign Form 08MP007E, the receptionist documents the offer and the applicant’s or recipient’s response on Form 08MP007E.
(B) The receptionist images and files Form 08MP007E and other documentation provided by the applicant or recipient in the case record.
(C) The AFS worker records the applicant's or recipient's response in the FACS voter registration request dialogue box when taking action on the case;
(4) applicant or recipient calls to report the address change, AFS staff taking the telephone call offers voter registration services.When AFS staff does not have access to FACS to record the applicant's or recipient's decision, staff uses an unsigned Form 08MP007E to document the offer and the applicant's or recipient's response.
(A) AFS staff images and files Form 08MP007E in the applicant’s or recipient’s case record to document the voter registration offer.
(B) The AFS worker records the applicant's or recipient's response in the FACS Voter Registration Request dialogue box when taking action on the case; or
(5) applicant or recipient emails the address change to the worker, the worker attaches Form 08MP007E to the response email, and informs the applicant or recipient that an Oklahoma Voter Registration Application will be mailed.The worker chooses, "Yes (a voter registration application will be mailed)" as the response in the FACS voter registration dialogue box.
3.(a) The State Election Board provides Oklahoma Voter Registration Application forms. THESE FORMS ARE NOT PHOTOCOPIED.Forms may be ordered through the normal acquisition process.
(1) Each county office and support center develops procedures to ensure voter registration is offered.Additional forms may be provided for other household members.
(2) Local county office or support center staff date stamps the Oklahoma Voter Registration Application when it is mailed and when it returns.
(3) When a person refuses to sign the Oklahoma Voter Registration Statement, OKDHS staff documents the refusal, the date of the refusal, and the person's name on the form.
(b) Designated OKDHS staff in the county office or support center sends completed Oklahoma Voter Registration Application forms directly to the State Election Board at the close of business every Friday or the last working day of each week, satisfying the transmittal time requirements.
(a) Form 08MP007E is available online in the Forms tab/Multiple Programs folder and at okdhslive.org.When completed, Form 08MP007E is imaged and filed in the case record.
(b) The State Election Board provides Oklahoma Voter Registration Application forms for mailing at the Sequoyah building.County staff prints Oklahoma Voter Registration Application forms from the Oklahoma State Election Board website at http://www.ok.gov/elections/documents/vrform.pdf.
(c) The local voter registration site coordinator is responsible for keeping a sufficient number of Form 08MP007Es and Oklahoma Voter Registration Applications in the reception area for county staff use.
(d) When an applicant or recipient completes or partially completes an Oklahoma Voter Registration Application form in the office, AFS staff:
(1) dates and location stamps the application; and
(2) delivers it to the local voter registration site coordinator on the same day.
4.(a) The worker or OKDHSLive documents all voter registration offers and responses in the FACS Voter Registration Request dialogue box.The Form 08MP007E hard copy is used primarily as a back up when FACS is unavailable, such as when FACS is down, the offer is made at a home visit, or the person making the offer does not routinely use FACS.When Form 08MP007E is completed, AFS staff images and files it in the case record.The AFS worker must record the offer and response in FACS.
(1) The AFS staff making the voter registration offer explains Form 08MP007E voter registration information to the applicant or recipient.
(A) When the offer is made in person, AFS staff has a copy of Form 08MP007E available for the applicant or recipient to view.When the applicant or recipient wants to apply to register to vote or declines to answer the question, AFS staff gives him or her the Oklahoma Voter Registration Application and offers assistance to complete the form.
(B) When the offer is made over the telephone and the applicant or recipient wants to apply to register to vote or declines to answer the voter registration question, AFS staff informs the applicant or recipient that he or she will be mailed an Oklahoma Voter Registration Application and cover sheet.The cover sheet includes a telephone number the applicant or recipient may call to receive help in completing the application form.
(2) When the applicant or recipient submits the application, benefit renewal, or SNAP certification renewal online through okdhslive.org, the applicant or recipient reviews Form 08MP007E online, answers the voter registration question, and electronically signs the form.
(3) When the worker emails the applicant or recipient regarding an address change, the worker explains that an Oklahoma Voter Registration Application and cover sheet will be mailed and attaches Form 08MP007E.
5.(a) When AFS staff makes the voter registration offer in person, AFS staff gives the applicant or recipient the Oklahoma Voter Registration Application form and offers assistance to complete the application.The worker informs the applicant or recipient that he or she may complete the form in private or at home to complete.
(1) When the applicant or recipient requests assistance completing the application, AFS staff assists to the degree requested whether reading the instructions and questions to the applicant or recipient, helping him or her answer the questions, or completing the form for him or her.This does not include giving advice on which political party to choose or deciding on the applicant’s or recipient’s eligibility to vote.
(2) When the applicant or recipient chooses to complete the Oklahoma Voter Registration Application in the local DHS office, the worker reviews it for completeness and points out any missing information.AFS staff informs the applicant or recipient the application will be mailed to the Oklahoma State Election Board.
(3) When the applicant or recipient elects to take the Oklahoma Voter Registration Application form home to complete it, AFS staff has no responsibility to track completion.
(b) When the voter registration offer is made by telephone, email, or through OKDHSLive, the system mails the Oklahoma Voter Registration Application form with a cover sheet to the applicant or recipient.The cover sheet includes a telephone number the applicant or recipient may call to obtain assistance completing the application.
6.AFS staff must complete voter registration training once per calendar year.An attendance record is kept of annual training and the local voter registration site coordinator is responsible for monitoring completion.
7.(a) The local voter registration site coordinator maintains a weekly count of Oklahoma Voter Registration Application forms that he or she mails to the State Election Board and sends a monthly total to the regional office.
(b) The close of the business week is every Friday or the last business day of the week when the office is not open on Friday.
(c) The local voter registration site coordinator orders preaddressed and prepaid postage Oklahoma State Election envelopes from the DHS Supply Warehouse.
8.If the local site coordinator determines a voter registration offer was not made to an applicant or recipient, the coordinator ensures the offer is recorded in FACS for the applicant or recipient so an Oklahoma Voter Registration Application is automatically mailed to him or her.
9.Information compiled in the report is collected from staff entries in the FACS voter registration dialogue box, applicant and recipient responses to the voter registration offer question on OKDHSLive, and information compiled by local site coordinators.
