The 1998 Reauthorization of the Higher Education Act of 1965 included a mandate that requires institutions of higher education to engage in certain voter registration activities during years when there are elections for federal office, governor or other chief executives within the state [HEA Section 487(a)(23)].
In accordance with the statute, institutions must make a good faith effort to distribute voter registration forms and make such forms widely available to students in attendance. Institutions must request a sufficient number of voter registration forms from the state in which the campus is located 120 days prior to that state’s registration deadline for all students enrolled in a degree- or certificate-seeking program and physically in attendance at the institution. Institutions must distribute the forms to students no less than 60 days before the voter registration deadline. The institution will not be held liable, however, if a state fails to provide a sufficient number of forms at least 60 days prior to that state’s registration deadline.
Legislation enacted by Congress as part of the 2008 Higher Education Opportunity Act, revised the law to allow institutions to comply with the mandate through electronic distribution as long as the transmitted message contains either the state’s voter registration form or an internet address where such a form can be downloaded, provided that this information is in an electronic message devoted exclusively to voter registration. Additionally, AACRAO strongly urges institutions to electronically distribute the national voter registration form, which allows students to register to vote from anywhere in the United States.
The U.S. Department of Education released the ‘Dear Colleague’ Letter Regarding Updated Requirements for Distribution of Voter Registration Forms and Federal Work Study Allowable Uses of Funds on August 19, 2025. This Dear Colleague Letter states “The Department’s regulations under 34 CFR § 675.22(b)5) prohibit FWS funds from being used, among other things, to employ students whose work “involves any partisan or nonpartisan political activity.” Jobs involving partisan or nonpartisan voter registration, voter assistance at a polling place or through a voter hotline, or serving as a poll worker—whether this takes place on or off campus—involve political activity because these activities support the process of voting which is a quintessential political activity whereby voters formally support partisan or nonpartisan political candidates by casting ballots.”
For additional information or questions, contact AACRAO Government Relations.
