Help America Vote Act (HAVA)

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Page last updated 12/4/07

P&As and HAVA

HAVA authorizes P&As to "ensure the full participation in the electoral process for individuals with disabilities, including registering to vote, casting a vote and accessing polling places." The P&As’ unique role under HAVA provides them the opportunity to lend their expertise to voters, advocates, as well as election officials who are trying to comply with HAVA and other voting statutes. The P&As’ work under HAVA is referred to as PAVA (Protection and Advocacy for Voting Access).

The HELP 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’s Best Practices on Disability Access
• EAC Advisory:  Accessible voting systems are required for in-person absentee voting
• See ADA and Disability 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
• EAC’s Best Practices on Complaint Procedures

HAVA Implementation

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

Provisional Voting

• EAC’s Provisional Voting: Challenges and Solutions
• National Association of Secretary of States (NASS) Provisional Voting Survey (PDF)
• 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’s State Plan Requirements
• Advocates Guide to HAVA’s State Planning Committees (PDF)
• 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 (PDF)
• 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 (PDF)
• 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

 
In this section:  

• Help America Vote Act (HAVA)
• Other Voting Laws
• Protection & Advocacy for Voting Access (PAVA) Materials
• General Disability Voting Resources
• Disability Election Day Resources
• Election Reform

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