According to The Higher Education Act of 1965 (HEA), as amended by the Higher Education Opportunity Act of 2008 (HEOA), HEOA Sec. 493(a)(1) amended HEA Sec. 487(a)(23) (20 U.S.C. 1094(a)(23)): added HEA Sec. 487(a)(23)(D)
HEOA amendment effective August 14, 2008
Each institution must
- make a good faith effort to distribute a mail voter registration form (for federal elections and state elections for governor or other State chief executive) to each student enrolled in a degree or certificate program and physically in attendance at the institution;
- make the voter registration form widely available to students at the institution; and
- request the forms from the state 120 days prior to the deadline for registering to vote within the state.
This requirement does not apply to institutions in states that do not have a voter registration requirement or that allow voters to register at the time of voting.
The HEOA (Sec. 493(a)(1)) added the provision that an institution will be considered to be in compliance with the distribution requirement if the institution electronically distributes the voter registration form or an Internet address where such a form can be downloaded. The information must be in an electronic message devoted exclusively to voter registration.