Help America Vote Act
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Help America Vote Act

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Help America Vote Act

The Help America Vote Act of 2002 (Pub. L.Tooltip Public Law (United States)107–252 (text) (PDF)), or HAVA, is a United States federal law, which was authored by Christopher Dodd, and passed in the House 357-48 and 92–2 in the Senate and was signed into law by President George W. Bush on October 29, 2002. The bill was drafted (at least in part) in reaction to the controversy surrounding the 2000 U.S. presidential election, when the Supreme Court narrowly ruled that Bush had won the election. The impetus for the Supreme Court case stemmed from controversies surrounding the administration of the election in Florida and whether votes were cast and counted in a fair and equitable manner. The main point of contention surrounding the perceived unfairness regarded the millions of votes that were not represented due to mechanical errors or errors due to the manner in which the ballots were cast.

The goals of HAVA are to:

HAVA mandates that all states and localities upgrade many aspects of their election procedures, including their voting machines, registration processes and poll worker training. The specifics of implementation have been left up to each state, which allows for varying interpretations of the federal law.

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 (including goals, timetables, responsibilities, and criteria), 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.

The Secretary of Health and Human Services is authorized to make payments to state and local governments for making polling places‒including path of travel, entrances, exits, and voting areas‒accessible to individuals with disabilities, including the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) 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.

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 (including privacy and independence) as for other voters.

HAVA requires states develop a single, uniform, official, centralized, interactive computerized statewide voter registration list defined, maintained, and administered at the State level. (Previously, voter registration lists could be maintained solely by local officials.) 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 (NVRA).

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