Dear Colleague:
On April 21, 2022, the Department published Dear Colleague Letter (DCL) GEN-22-05, regarding requirements for distribution of voter registration forms.1 Since publication of GEN-22-05, the Department has received several requests for review and clarification of its position, particularly with respect to employment of FWS students in voter registration activities by public entities. As a result of that review, the Department is today clarifying that FWS funds may be used for employment by a Federal, State, local, or Tribal public agency for civic engagement work that is not associated with a particular interest or group, consistent with 34 CFR § 675.22(b)(5). This work can include supporting broad-based get-out-the-vote activities, voter registration, providing voter assistance at a polling place or through a voter hotline, or serving as a poll worker. We believe this reading is supported by the language of 34 CFR § 675.22(b)(5) and adheres to the meaning of the regulation when read as a whole, namely promoting student employment in the public interest while ensuring that such work is neither associated with any faction in election for public or party office, nor constitutes political activity.
Discussion
The Higher Education Act of 1965 (HEA), as amended by the Higher Education Opportunity Act of 2008 (HEOA), states that for FWS jobs where the student is not employed directly by the postsecondary institution or in community service, the work must be in the public interest. HEA § 443(b)(1). The statute specifically provides that funds may be used to compensate students employed in projects that “increase civic participation.” HEA § 443(e)(1)(C). The Department’s regulations in 34 CFR § 675.22(b) further clarify that work in the “public interest” means work “performed for the national or community welfare rather than work performed to benefit a particular interest or group.” Accordingly, in addition to employment by an institution directly, FWS funds may be used for employment by a Federal, State, local, or Tribal public agency for civic engagement work that is not performed to benefit a particular interest or group.
In addition to meeting the general criteria for public interest work in 34 CFR § 675.22(b), voter registration and other election-related activities performed for the national or community welfare, rather than to benefit a particular interest or group, are not prohibited from inclusion as work in the public interest under any of the exclusions provided in 34 CFR §§ 675.22(b)(1)-(6). Under 34 CFR § 675.22(b)(5), work related to elections for public or party office is excluded as public interest work only if it “involves any partisan or nonpartisan political activity or is associated with a faction in an election for public or party office.” Examples of partisan or nonpartisan political activity, or activity associated with a faction in an election, include advocating, fundraising, or recruiting for a specific political candidate in public or party office or a specific cause, whether partisan or nonpartisan. As a specifically enumerated exclusion, 34 CFR § 675.22(b)(2) states that work is not in the public interest if it is for an elected official, unless the official is responsible for the regular administration of Federal, State, or local government. The Federal Student Aid (FSA) Handbook states that “regular administration” means the official is directly responsible for administering a particular function. Thus, working for a Secretary of State or local election official’s office, for example, on voter registration and election administration does not constitute “political activity” and would qualify as working for an official responsible for the regular administration of Federal, State, or local government, in that these officials are directly responsible for the administration of elections. The other exclusions from public interest in 34 CFR §§ 675.22(b)(1-6) are likewise inapplicable to this example and would not preclude the use of FWS funds provided the work does not primarily benefit the members of a limited membership organization, is not work as a political aide for any elected official, does not involve lobbying, and the student’s political support or party affiliation is not taken into account in hiring the student.
Postsecondary institutions play a critical role in supporting our democratic process and ensuring that all students have access to resources to engage in our electoral process. The Department is committed to supporting institutions in their efforts to raise civic awareness and involvement among students through the appropriate employment of FWS recipients in positions involving voter registration activities.
Please send any questions related to the voter registration requirements through the Customer Support form in FSA’s Partner Connect Help Center. When submitting a question, please enter your name, email address, topic, and question. When selecting a topic, please select “Policy Guidance.”
Sincerely,
Nasser H. Paydar
Assistant Secretary
Office of Postsecondary Education
1 GEN 22-05 addressed the question of whether FWS funds may be used to support some voter registration activities. Specifically, institutions were apprised that, under 34 CFR § 675.22, if a student is employed directly by a postsecondary institution, the institution may compensate a student for FWS employment involving voter registration activities that take place on or off-campus; however, such funds could not be used for employment by a Federal, State, or local public agency, or a private nonprofit organization, other than the institution, for work involving partisan or nonpartisan political activity, including party-affiliated voter registration activities.