Help America Vote Act
The Help America Vote Act of 2002, or HAVA, is a United States federal law which passed in the House 357-48 and 92-2 in the Senate and was signed into law by President Bush on October 29, 2002. The bill was drafted in reaction to the controversy surrounding the 2000 U.S. presidential election, when almost two million ballots were disqualified because they registered multiple votes or none when run through vote-counting machines.
The goals of HAVA are:
- replace punchcard and lever-based voting systems;
- create the Election Assistance Commission to assist in the administration of federal elections; and
- establish minimum election administration standards.
Provisions
State plan and reporting
To be eligible for federal funding, states must submit a plan describing how payments will be used and distributed, provisions for voter education and poll worker training, how to adopt voting system guidelines, performance measures to determine success, administrative complaint procedures, and the committee who helped develop the state plan.Each year the state receives federal funding they must submit a report to the EAC detailing a list of expenditures, the number of and types of voting equipment obtained with the funds, and an analysis and description of the activities funded.
Accessibility
Polling place
The Secretary of Health and Human Services is authorized to make payments to state and local governments for making polling places, including the path of travel, entrances, exits, and voting areas of each polling facility, accessible to individuals with disabilities, including the blind and visually impaired, in a manner that provides the same opportunity for access and participation as for other voters; and providing individuals with disabilities and others with information about the accessibility of polling places, including outreach programs to inform the individuals about the availability of accessible polling places and training election officials, poll workers, and election volunteers on how best to promote the access and participation of individuals with disabilities in elections for Federal office.Voting systems
HAVA requires each polling location have at least one voting system accessible to individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation as for other voters.Computerized statewide voter registration
HAVA requires states develop a single, uniform, official, centralized, interactive computerized statewide voter registration list defined, maintained, and administered at the State level. HAVA requires the statewide list be coordinated with other agency databases within the state. HAVA also requires regular "maintenance" of the statewide list including removing ineligible voters and duplicate names are eliminated in accordance with the National Voter Registration Act of 1993.Voter identification
HAVA requires that first-time voters who registered by mail, and have not previously voted in a federal election in the State, to present a form of identification to the appropriate State or local election official before or on election day. The ID may be either a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter. Voters who submitted any of these forms of identification during registration are exempt, as are voters entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act. The ID requirement applies to in person and vote by mail voters. In the case of a vote by mail voter, a copy of the ID must be submitted with the ballot. A State may enact further ID requirements which aren't specified under HAVA.Provisional voting
HAVA requires voters identified as ineligible, but who believe themselves to be eligible, to be able to cast a provisional ballot. After the election, the appropriate State or local election entity will determine if the voter was eligible, if so counting the vote and notify the voter of the outcome. Approximately 1.9 million voters nationwide cast provisional ballots in the 2004 election. Of those, approximately 1.2 million—or 64.5%—were counted.Additionally, any time polling hours are extended voters are required to vote using provisional ballots. Further, voters who do not comply with HAVA's voter identification requirements are able to cast a provisional ballot.
Election Assistance Commission
HAVA created the Election Assistance Commission, an independent agency of the United States government. The EAC is responsible for holding hearings, functioning as a clearinghouse for election administration information, creating a testing and certification program for voting systems, providing voluntary guidance to states, and administering HAVA grant programs. The EAC has no rulemaking authority other than that permitted by the National Voter Registration Act of 1993. Any action taken by the EAC requires approval of at least three commissionersCommissioners
The Election Assistance Commission includes four commissioners appointed by the President and subject to the advice and consent of the Senate. Commissioners are recommended by House and Senate leadership. HAVA requires all commissioners have experience with or expertise in election administration or the study of elections.Staff
Staff of the EAC will consist of at least an executive director and a general counsel.Annual report
Not later than January 31 of each year, the EAC is required to submit an annual report to Congress detailing activities related to HAVA programs including grants or other payments and all votes taken by commissioners.Voting machines
HAVA requires states to use funding to replace punched card voting systems or lever voting systems with new systems in accordance with HAVA's voting system standards.Voting systems standards
HAVA sets forth requirements for all voting systems, including that they:- permit the voter to verify the votes selected by the voter on the ballot before the ballot is cast and counted;
- provide the voter with the opportunity to change the ballot or correct any error before the ballot is cast and counted ; and
- notify the voter of overvotes and provide the voter a chance to correct these errors.
- establish a voter education program, specific to that voting system, that notifies each voter of the effect of casting multiple votes for an office; and
- provide the voter with instructions on how to correct the ballot before it is cast and counted.
Auditing
HAVA requires all voting systems be auditable and produce a permanent paper record with a manual audit capacity available as an official record for any recount conducted.Voluntary Voting System Guidelines
HAVA tasks the EAC with creating and maintaining the Voluntary Voting System Guidelines.Research and development
The EAC is responsible for making grants to entities in carrying out research and development to improve the quality, reliability, accuracy, accessibility, affordability, and security of voting equipment, election systems, and voting technology. HAVA requires the National Institute of Standards and Technology annually recommend areas for research.Implementation timelines and challenges
Responses to these requirements varied by state, but a widespread effect has been the purchasing of electronic voting machines, including DRE voting machines. There are criticisms of the reliability and security of these machines.; Continued purchasing of non-compliant machines
Some electronic voting machines sold through 2005, including those by Diebold Election Systems, have not met the requirements of HAVA and were not required to be in compliance until January 1, 2006. Concerns have been raised that as late as 2005, vendors were selling non-compliant machines to unwitting states and counties who believed that they were HAVA-compliant. Unless vendors offered a specific guarantee of HAVA compliance, equipment may have required scrapping or retrofitting at taxpayers' expense after January 1, 2006.
; Timelines not met
Compliance with HAVA provisions and timelines was not met in every state, both because of the difficulty of identifying and certifying reliable HAVA compliant voting machines and due to political and bureaucratic delays. A February 2006 report from Election Data Services found that 124 counties reported still using punched card voting systems in the 2006 election, similarly lever machines had decreased from 434 counties in 2000 to 119 in 2006 with New York state accounting for more than half the total number of counties still using lever machines. 69 million voters will vote using optical scan voting machines, while another 66 million will use DRE voting machines and 11 million will have an option in a mixed system.
Establishing student programs
HAVA establishes three programs for students, one to recruit college students as pollworkers, one to recruit high school students, and one to provide grants for the National Student and Parent Mock Election, a national nonprofit, nonpartisan organization that works to promote voter participation in American elections to enable it to carry out voter education activities for students and their parents.Military members and overseas citizens
HAVA mandates changes improving the access of military and overseas citizens, including requiring:- the Secretary of Defense to implement measures to ensure that a postmark or other official proof of mailing date is provided on each absentee ballot collected at any overseas location or vessel at sea;
- the secretary of each military department to ensure that all military and their families have easy access to voting information;
- each state to designate a single office for providing information to overseas voters; and
- each state to inform overseas voters of why any application for registration is rejected.
Criticisms