Cases & Developments

The Department of Education (the Department) issued a Dear Colleague Letter (DCL) detailing updated requirements for distribution of voter registration forms and allowable uses of federal work study (FWS) funds. The DCL states that the Department’s regulations prohibit FWS funds from being used to employ students whose work involves any partisan or nonpartisan political activity. The letter explains that “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.” While past guidance from the Department expanded the allowable uses of FWS funds related to voter registration, the Department has now rescinded that guidance and encourages institutions to employ students in jobs that align with real-world work experience related to a student’s course of study. The DCL further states that institutions who distribute voter registration forms are encouraged to consider reminding students of the eligibility requirements to register to vote and cast ballots, and are encouraged to “remain mindful of their existing obligations under the law to avoid aiding and abetting voter fraud, such as actions to aid and abet a noncitizen to vote in a federal election.”