On August 19th the U.S. Department of Education issued a “Dear Colleague” guidance letter addressing uses of Federal Work-Study funds (FWS) and institutions’ requirement to distribute voter registration forms under the Higher Education Act. As with all guidance letters from the agency it does not create or change any existing law or regulations. As it disclaims, it is the Department’s interpretation of existing law and regulations and does “not have the force and effect of law and [is] not meant to bind the public or the Department.”
The Federal Work-Study has supported millions of low-income students for decades to pursue and achieve their higher education goals. “Federal Work-Study provides part-time jobs for undergraduate and graduate students with financial need, allowing them to earn money to help pay education expenses. The Federal Work-Study Program emphasizes employment in civic education and work related to your course of study whenever possible.” Students must apply and be approved through the FAFSA process for a FWS award amount and then find and secure a FWS position through their institution.
Created by Congress in 1964 the FWS program has helped millions of low-income students to persist and graduate. In 2020, Congress appropriated $1.2 billion to the FWS program, which does not include the matching funds paid by institutions or off-campus employers, which funded “nearly 600,000 students attending more than 3,000 institutions.”
Section 487(a)(23) of the Higher Education Act of 1965, as amended, requires most institutions to make a good faith effort to distribute voter registration forms to all degree-seeking students physically in attendance at the institution, and to otherwise make such forms widely available to students. Institutions may comply with this requirement with an electronic message if the message is exclusively about voter registration and includes an attachment or link to a downloadable voter registration form.
Note: HEA excludes the same states as NVRA 4(b) does, so currently: Idaho, Minnesota, New Hampshire, North Dakota, Wisconsin, and Wyoming and U.S. territories (Puerto Rico, Guam, Virgin Islands, and American Samoa).
Guidance provided during the previous Administration clarified that the Department believed that on-campus FWS positions with the institution could engage in nonpartisan activity such as assisting with voter registration. Later guidance provided further clarity that even off-campus positions were eligible for FWS, as long as they are with a government entity, whether federal, state, local, or tribal. These positions included helping with tasks such as voter registration and being a poll worker—for example if the placement was with the local election officials office.
The new guidance “encourages” institutions to “[warn] students about their obligations under the election laws,” including the requirements of registering to vote, such as being a citizen and only registering and voting in one place. The guidance’s use of the word “warning” seems designed to intimidate potential new voters and is duplicative of information already contained on voter registration forms and instructions.
The new guidance seeks to prohibit colleges and universities from using Federal Work-Study (FWS) funds to pay students for work involving any partisan or nonpartisan political activity on or off campus, which the new guidance interprets to include “voter registration, voter assistance at polling places or through a voter hotline, and serving as a poll worker.”
The new guidance rescinds GEN-22-05 and GEN-24-03, which had clarified that FWS could be used on-campus for voter registration, and allowing FWS for off-campus positions with federal, state, local, or tribal public agencies for civic engagement such as working in the local election official’s office.
Oddly, the new guidance cites 34 CFR § 675.22(b)(5) which only applies to off-campus FWS positions. The Department cites no authority for its determination to limit the ability to have institutional positions that support voter registration. There is no similar language regarding political activity in § 675.20 and 675.21 generally on FWS and institutional
FWS employment.
This guidance is only in regards to FWS funded positions. It does not speak to your ability to continue to use other sources such as institutional or privately funded positions for students to support nonpartisan civic learning and democratic engagement efforts and for staff and faculty to continue to engage as well.
The new guidance also states that institutions have “flexibility” within the distribution requirement not to include in registration form distribution students the “institution has reason to believe are ineligible to vote in federal or state elections.” Nevertheless, the Higher Education Act requirement that institutions must make a good-faith effort to distribute voter registration forms to a wide class of students remains in effect. Those completing voter registration forms (and any individual directly assisting them) must of course comply with all applicable laws regarding voter registration eligibility and submission criteria.
If you believe this new guidance impacts any FWS positions your institution provides, meet with your institution’s general counsel or other appropriate senior leadership.
Use these resources to support your ongoing nonpartisan student voter engagement efforts:
Updated September 2025
Fair Elections Center intends the information contained herein to be used only as a general guide. This document does not constitute legal advice and should not be used as a substitute for consultation with a legal professional licensed in the appropriate jurisdiction.
Fair Elections Center is a nonpartisan organization dedicated to safeguarding the future of our democracy through innovative efforts focused on voting rights and civic engagement. We use advocacy, litigation, organizing, education, and technology to protect and expand the right to vote, understanding the particular impact on disenfranchised, underrepresented, and marginalized communities. Through our unique partnerships with hundreds of campuses across the country, we are able to empower millions of new voters to participate in our democracy. Our litigation and advocacy efforts across dozens of states allows us to anticipate and counteract threats to free and fair elections. With our visionary use of technology we are able to support election administration throughout the nation.