2018 Policy and Statutory Overview

U.S. ELECTION ASSISTANCE COMMISSION
2018 Election Administration Policy Survey
(Previously the Statutory Overview Survey)
In order to better understand state laws governing federal elections, the U.S. Election
Assistance Commission, as part of its biennial Election Administration and Voting
Survey (EAVS), is collecting information related to your state’s election policies and
procedures. These answers will help EAC to better understand the quantitative data relating
to the 2018 general election that we are collecting from all U.S. states and territories.
In the past, the EAC asked states to answer open-ended questions related to specific
election laws and administrative procedures that governed certain election activities. In
order to minimize the staff time required to answer the survey and to provide information
that can be used more readily to understand the EAVS findings, we have restructured this
survey. All of the questions now are now closed-end items, and you should select the option
that most closely describes your state. The EAC appreciates that there are often subtle
differences in how states administer a specific aspect of their elections; however, these
subtle differences should not affect your ability to answer the questions in this survey. We
appreciate your cooperation in this very important project.

Information supplied by:
Name

Title

Office/Agency Name
Address 1
Address 2
City

State

Email Address
Telephone

Fax Number

Zip Code

Table of Contents

Answering the Election Administration and Voting Survey...................................................... 1
Voter Registration ...................................................................................................................... 2
Convenience Voting .....................................................................Error! Bookmark not defined.
Provisional Voting....................................................................................................................... 6
Election Recounts and Audits ................................................................................................... 7
Recounts................................................................................................................................. 7
Audits ...................................................................................................................................... 9
Voter Identification................................................................................................................... 10
Criminal Convictions and Voting ............................................................................................. 10

Answering the Election Administration and Voting Survey
Q1. States are able to answer the questions in the post-election Election Administration and
Voting survey in different ways. For each section of the survey, please select the option that
best describes how your state answers the questions in the EAVS.

Section A: Voter Registration
Section B: UOCAVA
Section C: Domestic By-Mail
Voting
Section D: In-Person Voting
Section E: Provisional Voting
Section F: Voting Technology

Were the questions in the section answered:
Entirely by the
Entirely by local
In part by the state and
state election
election offices
in part by local election
office
offices

As a reminder:
• Section A covers voter registration, including total registrants, total registration forms
processed during the election cycle, the source of those forms, and the final
disposition of each form. It also covers notices sent to voters who are thought to
have moved and voters removed from the voter registration list.
•

Section B covers UOCAVA voting, including ballots transmitted to uniformed services
voters and overseas citizens, the manner in which ballots were transmitted (i.e., by
mail, by email, etc.) the number of ballots returned, the manner in which ballots were
returned, and the final disposition of each ballot (accepted, rejected). It also covers
Federal Write In Absentee Ballots (FWABs), Federal Post Card Applications (FPCAs),
and the total number of requests for UOCAVA status received.

•

Section C covers domestic by mail voting, including the number of ballots
transmitted, the number of ballots returned, and the final disposition of every ballot.
It also covers whether any registrants received ballots because they are permanent
absentee voters.

•

Section D covers in person voting, including the total number of ballots cast in the
election, the total number of precincts, the total number of Election Day and early
voting precincts, and the total number of poll workers who worked during early voting
or on Election Day.

•

Section E covers provisional voting, including the total number of provisional ballots
cast and the disposition of each ballot.

•

Section F covers election technologies, including voter registration technology, and
the type of voting equipment used in early voting, Election Day voting, by-mail voting,
and to serve individuals with disabilities.
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Voter Registration
Q2. In the November 2018 election, was your state’s voter registration database system
best described as a bottom-up, a top-down, or a hybrid of both?
(Note: A bottom-up system generally uploads information retained at the local level and
compiled at regular intervals to form the statewide voter registration list. A top-down system
is hosted on a single, central platform/mainframe and is generally maintained by the state
with information supplied by local jurisdictions. A hybrid is some combination of both
systems described above.)
Top down
Bottom up
Hybrid
If response = Top Down, skip to Q3
If response = Bottom up or Hybrid, skip to Q2a.
Q2a. How often do local jurisdictions transmit registration information to the state voter
registration database?
Real time
Daily
Other (please specify)
Q3. For each of the following items, select the option that best describes how your state’s
voter registration database or equivalent shared information electronically with other
government entities in order to maintain the accuracy of the voter rolls.

Governmental Entity

No
Connection

Primarily Realtime Data
Linkages

Primarily Direct
Data Linkages,
Daily/ Weekly/
Monthly Sharing

Primarily One-way
Data Sharing
from Agencies to
Election Office

Motor Vehicles Agency
(e.g., DMV)
Any State Agencies for
People with Disabilities
Any State Public Assistance
Agencies
Other State Agencies (Not
NVRA-required)
Federal Agencies (Not
NVRA-required)
Military Recruiting Offices

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Q4. For each of the following items, select the option that best describes how your state’s
voter registration database or equivalent shared information electronically with other
government entities in order to maintain the accuracy of the voter rolls.
Governmental Entity

No
Connection

Primarily Realtime Data
Linkages

Primarily Direct
Data Linkages,
Daily/ Weekly/
Monthly Sharing

Primarily One-way
Data Sharing
from Agencies to
Election Office

Entities that maintain
death records (e.g., SSA,
state vital statistics)
Entities that maintain
felony/prison records
(e.g., state courts, state
police, federal courts,
pardons/paroles agency)
Entities that maintain
records of individuals
declared mentally
incompetent

Q5. Does your state have an automated process to register to vote individuals who are
citizens of the United States and meet state requirements through an electronic record
transfer between a state agency and the Elections Division? entities such as the state motor
vehicle office, state tax office, or other state agency?
If response = No, skip to Q6
If response = Yes, skip to Q5a
 Yes
 No
Q5a. Which state agency or agencies do you link conduct the electronic record transfer with?
State motor vehicle agency
State tax office
Other state agency
Q6. Does your state have an online portal where individuals can register to vote on their
own, fully online, without requiring any paper form to be submitted?
Yes
No
If response = No, skip to Q7
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If response = Yes, skip to Q6a
Q6a. Does a person have to have a driver’s license from your state in order to use the
online voter registration system?
Yes
No

Q7. Does your state either have same day voter registration or a period of overlap between
the start of early voting and the close of voter registration when people can register to vote
and vote on the same day?
Yes
No
If response = No, skip to Q8
If response = Yes, skip to Q7a
Q7a. Which of the following best describes same day voter registration (SDR) in your state?
Our state has SDR on Election Day
Our state has SDR but only for early voting
Our state has SDR because of an overlap between the start of early voting and the
close of voter registration
Our state has SDR in very specific cases, for federal offices only, at the central
election office/board of canvassers office
By Mail Voting
Q8. In the November 2018 election, did your state require an excuse for by mail (absentee)?
Yes, an excuse is required
No excuse required
Q9. In the November 2018 election, did your state -- or did any jurisdiction in your state –
use an all vote-by-mail system (i.e., send a mail ballot to every registered voter)?
Yes
No
If response = No, skip to Q10
If response = Yes, skip to Q9a
Q9a. Was the all vote-by-mail system used statewide or only in certain jurisdictions?
Statewide
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Only in certain jurisdictions
Q10. In the November 2018 election, did your state allow some or all registered voters to
request to be a permanent absentee voter?
No
Yes, any registrant can request to be a permanent absentee voter
Yes, individuals who meet specific criteria can request to be permanent absentee
voters
If response = No, skip to Q11
If response = Yes, any individual, skip to Q11
If response = If Yes, individuals who meet specific criteria, skip to Q10a
Q10a. Who can be a permanent absentee voter in your state (select all that apply):
Individuals over a specified age
Persons with disabilities
Other (please specify)
Q11. What is the deadline for a domestic civilian (non-UOCAVA voter) to return a by-mail
ballot? (select all that apply)
Election Day
Postmarked by

Before
On

Received by

Options are Number of Days
or

After

“Election Day”

Before

Options are Number of Days
or

On
After

“Election Day”

In-Person Voting Prior to Election Day
Q12. In the November 2018 election, did your state allow for either in-person early voting
or in-person absentee voting prior to Election Day?
Yes, in-person early voting
Yes, in-person absentee voting
No (Note: If you allow persons with disabilities or any other specific population of
voters to come to a local election office and vote in-person prior to Election Day, do
not select this option and make the appropriate selection among the other choices).
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If response = No, skip to Q13
If response = Yes, skip to Q12a
Q12a. Is an excuse required for [in-person early voting] [in-person absentee voting]
Yes
No

Vote Centers
Q13. For the November 2018 election, on Election Day (so not including early voting), did
any jurisdictions in the state have the option to allow voters to cast their ballots at any
polling place, or vote center, in their local jurisdiction?
Yes
No
If response = No, skip to Q14
If response = Yes, skip to Q13a
Q13a. Which of the following best describes the way vote centers operate in your state.
Our state requires the use of vote centers statewide
Our state has vote centers, but only in jurisdictions that meet specific requirements
Our state has vote centers, but jurisdictions have the option not to implement vote
centers

UOCAVA Voters
Q14. Which of the following methods can a UOCAVA voter use to submit a Voter
Registration and Absentee Ballot Request Federal Post Card Application (FPCA)? (select all
that apply)
Email
Fax
Online via your state’s Online Voter Registration Portal
Other (specify)
Q15. When a UOCAVA voter submits an FPCA, is their voter registration permanent or
temporary?
Permanent
Temporary
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Q16. When a UOCAVA voter submits an FPCA, for how long does the FPCA remain valid?
[number choices]

Months

[number choices]

Calendar Years

[number choices]

General Elections

[check box]

Until the voter moves (notified via postal
service or voter)

Q16. What is the deadline for a UOCAVA voter to return a by-mail ballot? (select all that
apply)
Election Day
Postmarked by

Before
On

Received by

Options are Number of Days
or

After

“Election Day”

Before

Options are Number of Days
or

On
After

“Election Day”

Provisional Voting
17. In the November 2018 election, would your state count or reject a provisional ballot if
the ballot was cast in the wrong precinct by a voter?
Fully Count
Partially Count
Reject
Election Recounts and Audits
There are several ways of conducting election audits and recounts and several reasons why
they would be conducted. The following questions ask about various types of election audits
and whether your state requires such audits through statute, because of administrative
requirements, or it is standard practice in your state.
Recounts

18. For the November 2018 election, which of the following reasons describes a reason
why a jurisdiction in your state would conduct a post-election recount of ballots? (Check all
that apply)
Recounts are conducted automatically in all elections for all races
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Recounts are conducted if the result in any race is within a specified margin (e.g., the
top two candidates are within one percentage point)
Recounts are conducted if the losing candidate or party requests a recount
Recounts are conducted if an interested person – such as a voter or group of voters
– requests a recount
Recounts are conducted if a court orders a recount to be conducted

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Audits

19. Which of the following reasons describes a reason why a jurisdiction in your state would
conduct a post-election audit?
Post-election audits are required by statute
Post-election audits are required by formal administrative rule or guidance
Our state does not require any type of election audit
If 19 = the state has any type of election audit, skip to Q19a
If 19 = the state does not require an election audit, skip to Q20
Q19a. In the 2018 election, will your state require any local jurisdictions to conduct an audit
to determine if every polling place followed the processes and procedures required in the
election, such as signing all forms, testing and securing all vote tabulation equipment,
sealing and securing ballot materials correctly, and documenting the chain of custody of all
key election materials?
 Yes, this type of audit is conducted in every election
 Yes, but only if certain conditions are met to trigger an audit
 No, this type of audit is not conducted
Q19b. In the November 2018 election, will your state require any jurisdictions to conduct a
post-election audit of voting machines that consists of comparing a hand-count of votes on
paper records to the corresponding vote counts originally reported, as a check on the
accuracy of election results?
 Yes, this type of audit is conducted in every election
 Yes, but only if certain conditions are met to trigger an audit
 No, this type of audit is not conducted
If 19b = No, skip to Q20
Q19c. For the audit conducted in your jurisdiction, which of the following types of ballots are
included in the post-election audit:
 Ballots cast on a DRE on Election Day
 Ballots cast in-person on paper on Election Day but electronically counted (e.g.,
optical scan voting)
 Ballots cast on a DRE during in-person early voting
 Ballots cast in-person on paper during in-person early voting but electronically
counted (e.g., optical scan voting)
 Ballots cast by-mail on paper but electronically counted (e.g., optical scan voting)
 Provisional ballots

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Voter Identification
Q20. For in-person voting (not including first-time voters), please select all of the options
that are appropriate for your state:
In order to establish their identity, a voter:
Is required to show a government issued form of photo identification
Can show a non-photo government issued form of identification
Can show a non-government form of identification, such as a lease or a power bill
Can have a person registered to vote in the precinct/jurisdiction formally vouch for
their identity (including but not limited to signing an affidavit)
Can sign an affidavit stating they are who they say they are but do not have
appropriate identification (with no other action required for the voter to vote).
Can sign an affidavit stating they are who they say they are but the voter must later
present appropriate identification to the election officials before their provisional
ballot is counted
Criminal Convictions and Voting
Q21. Some states require that individuals who are convicted of certain crimes are removed
from the voter registration rolls. Which of the following best describes your state’s policy for
removing individuals from the voter rolls?
Individuals convicted of any felony
Individuals convicted of certain felonies
Individuals convicted of certain felonies and other crimes, such as election-related
crimes
Individuals who are convicted and incarcerated
No one; criminal convictions do not limit a person’s right to vote
If Q21 = No one, skip to End
Q22. How long does a person with a felony conviction lose their right to vote:
During the period of incarceration
During the period of incarceration and during any period of probation and parole
During the period of incarceration, probation/parole, plus additional time
Q23. What is required to for a person with a felony conviction become an eligible voter
again after losing the right to vote for criminal activity?
Nothing, a person is automatically eligible to register to vote again
Nothing, a person’s previous registration is automatically restored
A person must show some documentation that they have completed the
requirements for registering to vote again.
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A person must have their voting rights restored by the state through a formal
administrative process (e.g., gubernatorial restoration or action by the state pardons
and paroles board.)
End – Thank you screen.

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