What is the Help America Vote Act?
What major reforms does HAVA mandate?
Who oversees implementation of HAVA?
How much funding has been provided so far?
How is HAVA money being used?
Are states complying with HAVA?
What are the major criticisms of HAVA?

What is the Help America Vote Act?

The Help America Vote Act (HAVA) is a law passed by Congress and signed by President Bush in 2002 that was designed to address a number of the problems in the American election system that rose to public attention as a result of the contentious 2000 election. The Act included mandates for improving voting machines, expanding the availability of provisional ballots, making changes to voter registration procedures, and increasing voting accessibility to the disabled. In addition, for the first time ever, the government authorized federal funds—$3.9 billion—for election reform.

Sources/More Information:

Complete Text of the Help America Vote Act

Complete Text in PDF

Section-by-Section Summary

Conference Summary

What major reforms does HAVA mandate?

• Voting systems: (Section 301) HAVA appropriated funds to states to replace old punch card and lever voting machines. It requires voting systems to allow voters to verify their selections, notify them of overvotes, and permit them to change their ballots before casting them. HAVA requires that all voting systems produce a paper trail that can be audited manually and used as an official record for recounts. Each polling place must be equipped with a system that is accessible to individuals with disabilities and accommodates alternative languages. HAVA also requires each state to establish uniform definitions for each certified voting system it uses of what will be counted as a vote. Learn more about voting systems here.
  
  
• Provisional ballots: (Section 302) Beginning January 1, 2004, HAVA requires that any person who claims to be registered to vote in a federal election but is not on the official voter registration list or is otherwise thought to be ineligible to vote (e.g. has forgotten his or her identification) be offered and allowed to cast a provisional ballot. Learn more about provisional ballots here.
  
  
• Voting Information Requirements: (Section 302) All polling places must post voter registration information, instructions, and sample ballots on Election Day.
  
  
• Computerized Statewide Voter Registration Databases: (Section 303) By January 1, 2006, HAVA mandates all states to have implemented and be maintaining a statewide, interactive, centralized database containing voter registration information on every registered voter in the state, and must provide a unique identifying number to every registered voter. The databases must be able to interact with the data systems of other state agencies, including the motor vehicle authority, so that information relevant to voter registration can be updated regularly and promptly. Learn more about databases here.
  
  
• Identification Requirements: (Section 303)

  Registration form: Individuals registering to vote must provide a driver's license number or the last four digits of their Social Security number for identification and verification purposes.
  
  Mail-in registration form: First-time voters in a jurisdiction who register by mail must include with their application a copy of a current and valid photo identification, utility bill, bank statement, or government document that shows the name and address of the voter. If the voter fails to include such identification when registering to vote, he or she may need to present identification when voting at the polls. Learn more about ID requirements here.

Who oversees implementation of HAVA?

(Section 201) HAVA establishes the Election Assistance Commission (EAC) to administer and clarify the guidelines set out in the Act, to distribute the remainder of the funding, and to conduct studies.

How much funding has been provided so far?

(Section 101 and Section 102) When Congress passed HAVA in October of 2002, it authorized (a total of) $3.8 billion for the implementation of state HAVA programs. The budgets the states produced for FY 2003 and FY 2004 were based on these authorized amounts. Though Congress has appropriated only $3 billion of the $3.8 billion it promised for HAVA programs in 2002, 78 percent of the 27 states that responded to a survey conducted by the National Association of Secretaries of State (NASS) said they would be able to meet the deadlines for HAVA compliance without the additional promised funding. However, only half of the responding states said they will be able to realize all of the initiatives in their plans; some states will be cutting voter education programs, training programs for election officials and poll workers, and will be limiting the amount of voting system equipment they purchase.

Sources/More Information:

Survey: How States Are Spending Federal Election Reform Dollars
(National Association of Secretaries of State)

Funding for States
(Election Assistance Commission)

How is HAVA money being used?

• Voting Machines: Of the states that responded to the NASS survey, 33 percent will spend up to 30 percent of their federal money on voting equipment, 20 percent will spend between 30 and 60 percent, and 33 percent will spend more than 60 percent.
  
  
• Statewide Computerized Databases: In half the responding states, 40 percent of federal funds will be used to create a statewide database; one-fifth of the states will spend up to 70 percent of their money on databases.
  
  
• Poll-Worker Training: Though only 44 percent of the states are spending HAVA money - up to 10 percent - on training programs for poll workers, this is largely because such programs are run on the county level; states are, however, creating training standards and producing training materials for use on the local level.
  
  
• Voter Education: Up to 10 percent will be spent on voter education programs (such as public service announcements, instructional guides, mock elections, sample ballots, and so on) in 63 percent of the responding states, and 75 percent used HAVA money on voter education during 2004.

By November 2004, more than one-quarter of the responding states had "obligated" (earmarked for contracts and so on) up to 20 percent of their funds; one-quarter had obligated 50 percent, and 22 percent had obligated between 50 and 100 percent. Many of the states have spent or obligated only a small amount of their funding because their budgets have been calculated based on authorized figures rather than appropriated ones, and because they see HAVA dollars as a funding well for long-term projects.

Sources/More Information:

Survey: How States Are Spending Federal Election Reform Dollars
(National Association of Secretaries of State)

Directory of State HAVA Plans Available Online
(National Association of Secretaries of State)

HAVA Implementation in the 50 States: A Summary of State Implementation Plans
(Brennan Center for Justice at NYU School of Law, DEMOS, the Leadership Conference on Civil Rights Education Fund, and People For the American Way)

Are states complying with HAVA?

Some of HAVA's requirements were implemented with some degree of success in the 2004 election; for example, provisional ballots were widely available, though they brought with them a host of new problems. Many of the states have made significant progress in creating plans to meet HAVA's requirements; it is doubtful whether other states will be prepared to meet the requirements within the time frame HAVA sets out, particularly with respect to new voting machines and statewide voter registration databases.

What are the major criticisms of HAVA?

Because election 2004 cleared the so-called "margin of litigation" many Americans were left with the impression that HAVA had solved the problems that the 2000 election had brought to light. However, many of the guidelines established in HAVA are vague, and were interpreted differently and potentially applied arbitrarily in different jurisdictions. For further discussion of the Act's shortcomings, please see the other descriptions of specific election reform issues on this Web site.