The On-Request-Only Public Assistance Office
Union County Human Services administers SNAP, Medicaid, and a state-funded disability support program across four offices. A compliance reviewer observes that front-desk staff provide voter registration forms only when a client specifically asks. During a two-day site visit, 45 clients submitted applications; 9 asked for a voter form; 3 received one; none received help completing it. Forms are stored in a locked closet, and there is no log of forms transmitted to the election office. A supervisor’s memo says, 'We are not an election office and we do not encourage voting.' The county processes 1,200 SNAP/Medicaid applications per month and 200 disability program intakes. The state has designated these offices as voter registration agencies. The county attorney argues Section 5 does not apply because the offices are county-run.
1. Is the county office covered by NVRA Section 5, and what affirmative duties apply?
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The office is covered. Section 5 applies to offices that administer public assistance programs and to state-funded programs primarily serving persons with disabilities. The county-run status is not a defense: the state’s NVRA plan must ensure that local agencies performing covered functions carry out the law.
The duties are affirmative, not request-driven. With each application, recertification, renewal, and change of address for assistance, the agency must offer the opportunity to register to vote, provide the registration form, and provide the same degree of assistance in completing the voter form that it provides for its own forms. It must accept completed applications and transmit them to the appropriate election official within the NVRA’s 10-day transmittal period. It must not discourage registration, require a separate trip, or treat voter registration as a political activity. A client should not have to know to ask for a form. The 'we do not encourage voting' memo is inconsistent with the agency’s role because Section 5 requires an offer and assistance, not political neutrality that suppresses registration.
2. Identify the specific violations and design a corrective action plan.
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The observed practices violate Section 5 in several ways: (1) the request-only practice fails to offer registration with each covered application; (2) no assistance was provided to clients who needed help; (3) forms were not integrated into intake and were stored away from the point of application; (4) there was no transmittal log, so the county cannot show timely delivery; and (5) the supervisor’s memo discourages registration. The 45-client sample-only 3 forms delivered-is a symptom of a system failure, not isolated employee error.
A corrective plan should: revise intake packets so the voter form and offer are standard for SNAP, Medicaid, and disability intakes; adopt a script that explains the offer without suggesting a preferred answer; train all front-desk and eligibility staff; designate a coordinator at each office; provide private space and assistance; log every form distributed, completed, and transmitted; transmit at least every 10 days; and audit a monthly sample against the 1,200 applications and 200 intakes. The plan should also track complaints and test whether clients who decline are recorded accurately. Monitoring should include unannounced visits, because the county’s own certification has already proven unreliable.
3. How should the state respond to the county attorney’s argument, and what records should be kept?
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The county attorney’s argument should be rejected. Section 5 obligations attach to the state’s voter registration program, and the state must ensure that covered local offices comply. A county office that administers SNAP, Medicaid, or state-funded disability services is performing a covered function. The state should issue written guidance, require a corrective plan, and escalate to enforcement if the county refuses.
Records should include, at minimum: the number of covered applications and intakes; the number of voter registration forms distributed, completed, and declined; transmittal dates and receiving election office; training rosters and scripts; complaints and resolutions; and monitoring reports. The county should preserve the memo and site-visit findings because they show deliberate policy, not just clerical mistakes. If voluntary correction fails, the state should document the refusal and consider referral to the Attorney General or other enforcement options. The state should also correct any certification that claimed compliance.