Help America Vote Act (HAVA)

TheHELP AMERICA VOTE ACT OF 2002 (HAVA), 42 U.S.C. § 15301-15545 , was signed into law on October 29, 2002, to overhaul federal elections in the United States through a new set of minimum voting standards that each state and territory must follow.

To the disability community, HAVA is more than an election reform statute; it is a civil rights law. It gave individuals with disabilities what no other previous civil rights statute had given before: the right to participate in elections as other voters do and to cast a private and independent ballot.

HAVA Basics

• Text of HAVA:HTML /PDF
• P&A Authorizing Language under HAVA:HTML/PDF
• Synopsis of the Department of Justice ’s Activities under HAVA
• A Brief Explanation of HAVA

Disability Access

• DOJ Opinion letter regarding physical access to polling places
• EAC Advisory: Accessible voting systems are required for in-person absentee voting
• SeeADA andDisability Voting pages

Election Assistance Commission (EAC)

• Duties and Responsibilities of the EAC Established by HAVA
• EAC website

Grievance Procedures

• To File a HAVA Complaint In Your State

HAVA Implementation

• Report: The Help America Vote Act at 5 (PDF)
• HAVA Implementation in the 50 States: A Summary of State Implementation Plans
• Advocates Guide to HAVA:HTML
• HAVA Timeline: Dates for Specific Requirements of the Act

Provisional Voting

• EAC’s Provisional Voting: Challenges and Solutions
• Demos Placebo Ballots: Will "Fail-safe" Voting Fail? (PDF)
  • League of Women Voters Guide to Implementing the New Federal Provisional Ballot Requirement (PDF)

State Plans and Implementation

• HAVA Implementation in the 50 States: A Summary of State Implementation Plans (PDF)

Voter Identification

General

• Policy Brief on Proof of Citizenship (PDF)
• Seven Alternatives to Voter ID (PDF)
• Expanding the List of Acceptable Identification
• EAC’s Identification for New Voters
• Voter ID Requirement Brief (PDF)

Laws

• Voter ID Laws (as of 10/17/06)
• 2007 Voter Id Legislation

Studies

• Citizens Without Proof: a Survey of Americans’ Possession of Documentary Proof of Citizenship and Photo Identification (PDF)
• Wisconsin Driver’s License Study (PDF)

Court cases

• Arizona Proof of Citizenship litigation
• Georgia Voter Id litigation
• Indian Voter Id litigation
• Ohio Proof of Citizenship Litigation

Voter Information

• EAC’s Voter Information Best Practices

Voting Machine/Systems and Security

• State-by-State Listing of Voting Systems Used
• HAVA Volunteer Voting System Guidelines
• Testing and Certification Process for Voting Systems
• EAC’s Voluntary Voting System Standards (HAVA Standards)
• NDRN Voting Machines and Individuals with Dexterity Disabilities Statement
• EAC’s Best Practices in Election Administration, Management and Security in Voting Systems and Provisional Voting