| October, 2003 |
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Help America Vote Act: New Law Includes Access
Reprinted with permission from the ADA in Focus, Fall 2003
The Help America Vote Act of 2002 (HAVA) was passed by Congress to improve the voting system through various means, primarily by:
- Establishing a program to provide funds to States to replace punch card, lever, and other outmoded voting systems;
- Establishing the Election Assistance Commission (EAC) to assist in the administration of Federal elections;
- Establishing minimum election administration standards for states and units of local government with responsibility for the administration of Federal elections.
Established under the Federal Elections Commission (FEC), the Election Assistance Commission (EAC, or the Commission) will serve as the national clearinghouse and resource on the administration of Federal elections. The EAC will be responsible for conducting studies, compiling information, reviewing procedures and practices, and disseminating information to the public on the implementation of the Act and the management of the grant programs.
The EAC, through the Technical Guidelines Development Committee, will develop and update the Voluntary Voting Systems Guidelines. The guidelines will serve as standards for the security and accessibility of voting systems. The National Institute of Standards and Technology (NIST) will lead and support these research and development efforts.
Additionally, the EAC will conduct studies on election administration issues, including methods of ensuring the accessibility of voter registration, ballot design, polling places, and voting equipment. The Commission is charged with submitting several specific reports to Congress. One study will focus on human factors that could be applied to improve the usability and accuracy of voting products for people with various disabilities and people with limited English proficiency. Another study will investigate the pros and cons of utilizing communications and Internet technologies in the voting process.
Federal Funds and Grants
The HAVA establishes a number of funds and grant programs to support the goals of the Act. Title I, Section 101 of the Act directs the General Services Administration (GSA) to make initial payments to the 50 states, as well as the District of Columbia, Puerto Rico, Guam, the Virgin Islands, and American Samoa, for activities to improve the administration of elections.
These funds are to be used for a variety of activities, such as developing a state plan, educating voters, establishing toll-free lines for voters to obtain information and report fraud, and training election officials, volunteers, and poll workers. The funds can also be used to increase the number of polling places or to improve the accessibility of polling places for voters with disabilities.
Section 102 of the Act authorizes the GSA to make additionally payments to eligible states for replacement of punch card or lever voting equipment. Thirty states received payments under this program, including Maryland, Pennsylvania, Virginia, and West Virginia here in the Mid-Atlantic Region.
Requirements Payments
Title II of the HAVA establishes the "Requirements Payments" procedures for the states and territories to receive annual funds to support compliance with Title III, which includes requirements related to the accessibility of voting equipment and registration methods. States are eligible to receive requirements payments only if they submit a plan that describes how the funds will be used to implement the provisions of the Act. Funds can be distributed to local government units, as long as the state monitors progress toward the goals.
Title III of the HAVA requires that each voting system used in Federal elections be accessible for people with disabilities. This requirement can be met by having in each polling place at least one direct recording electronic voting system, or other voting system equipped to allow voters with disabilities the same opportunity for access and participation as other voters, including the ability to vote independently and privately.
This requirement applies to any jurisdiction which conducts Federal elections, regardless of what type of voting system it currently uses (e.g. direct recording electronic, lever, punch card, optical scan, manual count paper ballots, etc.)
Grants to Improve Access
The U.S. Department of Health and Human Services (HHS) is responsible for making grants to states, units of local government, and protection and advocacy systems to improve access to and participation in the election process for individuals with disabilities.
States and local governments may apply for funds to make polling places more accessible, including the path of travel, entrances, exits, and voting areas of each polling facility.
Funds can also be used for projects to provide information about the accessibility of polling places. Projects might include outreach programs to inform individuals about the availability of accessible polling places, or training election officials, poll workers, and election volunteers on how to promote the participation of individuals with disabilities.
Protection and Advocacy Systems
HHS will also make payments to the protection and advocacy (P&A) systems in each state to encourage full participation in the election process for individuals with disabilities, including registering to vote, casting a vote, and accessing polling places.
P&A systems may use grant funds to participate in HAVA advocacy and education efforts, including participation in the HAVA state plan development process, or the enactment of related state legislation.
P&A systems may provide assistance to states and local government entities regarding the physical accessibility of polling places. Assistance might include surveying polling places, identifying potential modifications to make specific polling places accessible, and developing criteria for identifying accessible polling places.
Grant funds may also be used to assist individuals with disabilities in filing complaints under the state-based administrative grievance procedure required by HAVA and to represent individuals with disabilities in any hearings that may be held regarding the complaint.
Educational Programs
Another grant program that is authorized under the HAVA supports the activities of the National Student and Parent Mock Election. This non-profit, non-partisan organization promotes voter participation through various school and community projects.
Activities include simulated elections, along with school forums and local cable call-in shows on election issues, speeches and debates, quiz team competitions, mock press conferences, speech writing contests, and neighborhood campaigns to increase voter turnout. Get-out-the-vote activities include newsletters and posters, telephone chains, and transportation to polling places. Awards will be presented to outstanding mock election projects.
The EAC will also establish the "Help America Vote College Program" to encourage students enrolled at institutions of higher learning, including community colleges, to assist state and local governments with elections by serving as non-partisan poll workers.
The EAC will develop advertising and training materials, and sponsor seminars and workshops at colleges and universities. The EAC may also award grants to support such activities, as long as funds are spent for projects and activities that are carried out without partisan bias, and without promoting any particular point of view regarding any specific issue.
The HAVA also creates a Federal charter for the Help America Vote Foundation; the purpose of the Foundation is to mobilize high school students, including those educated at home, to participate in the election process as non-partisan poll workers. Similar to the College Program, activities must be carried out without partisan or issue bias.
Complaints and Enforcement
HAVA requires that any state that receives any payment under a program under the Act must establish an administrative complaint procedure for any person who believes that there is a violation of any provision of title III, including a violation which has occurred, is occurring, or is about to occur.
Section 401 of Title IV of the HAVA assigns enforcement authority to the Attorney General for the uniform and nondiscriminatory election technology and administration requirements that apply to the states under Sections 301, 302, and 303 of Title III. Responsibility has been delegated to the Civil Rights Division of the Department of Justice; primary responsibility is within the Voting Section, which will coordinate with the Disability Rights Section on HAVA's disability related provisions.
The Attorney General may bring a civil action in U.S. District Court against any state or jurisdiction for declaratory and injunctive relief (including a temporary restraining order, a permanent or temporary injunction, or other order) as may be necessary to carry out the requirements under sections 301, 302, and 303.
For more information....
U.S. Department of Justice (DOJ)
Civil Rights Division
Voting Section
Toll?free: 800-253-3931 (V/TTY)
Local: 202-307-2767 (V/RELAY)
The DOJ HAVA web page has a comprehensive collection of information on the HAVA and its implementation, as well as links to related information at other sites, including those of the Federal Election Commission (FEC), the Department of Health and Human Services (HHS), and the General Services Administration (GSA). Visit:
http://www.usdoj.gov/crt/voting/hava/hava.html
