Help America Vote Act

Text of the law: http://www.ss.ca.gov/elections/hava.pdf

The changes in our voting system were instigated by the Help America Vote Act (HAVA) of 2002 to be implemented by November 2004. $4K per precinct was allocated for the implementation of the act. Help America Vote Act (text of the law)

• Mainly to replace punch card voting systems or lever voting systems with a voting system that--
  • does not use punch cards or levers;
  • is not inconsistent with the requirements of the laws:
    • The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.)
      • § 1973. Denial or abridgement of right to vote on account of race or color through voting qualifications or prerequisites; establishment of violation
      • § 1973a. Proceeding to enforce the right to vote - describes how legal proceedings will be conducted.
      • § 1973b. Suspension of the use of tests or devices in determining eligibility to vote, such as ability to read, write, or to have attended school or recommended by other voters.
      • § 1973c. Alteration of voting qualifications and procedures; action by State or political subdivision for declaratory judgment of no denial or abridgement of voting rights; three-judge district court; appeal to Supreme Court
      • § 1973d. Federal voting examiners; appointment
    • The Voting Accessibility For The Elderly And Handicapped Act? (42 U.S.C. 1973ee et seq.).
    • The Uniformed And Overseas Citizens Absentee Voting Act? (42 U.S.C. 1973ff et seq.).
    • The National Voter Registration Act? of 1993 (42 U.S.C. 1973gg et seq.).
    • The Americans With Disabilities Act? of 1990 (42 U.S.C. 12101 et seq.).
    • The Rehabilitation Act? of 1973 (29 U.S.C. 701 et seq.).
  • meets the requirements of section 301 - "VOTING SYSTEMS STANDARDS". The voting system must:
    • Permit the voter to verify (in a private and independent manner) the votes selected before the ballot is cast and counted, and change it to correct any error.
    • Notify the voter if the voter selects votes for more than one candidate for a single office before the ballot is cast.
    • If a paper ballot is used, provide instructions on how to correct a ballot through the issuance of a replacement ballot.
    • Provide a permanent paper record with manual audit capacity (after the voter has made all corrections.)
    • Accessible for individuals with disabilities, including nonvisual accessibility for the blind, using at least one DRE system per polling place.
    • Provide alternative language accessibility
• The act also planned to have some studies.
  • Periodic studies of Election Administration issues
  • Study, report, and recommendations on best voting practices for facilitating military and overseas voting.
  • STUDY AND REPORT ON VOTERS WHO REGISTER BY MAIL AND USE OF SOCIAL SECURITY INFORMATION
  • STUDY AND REPORT ON ELECTRONIC VOTING AND THE ELECTORAL PROCESS
  • STUDY AND REPORT ON FREE ABSENTEE BALLOT POSTAGE
• And provide grants
  • RANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS
• It covers provisional voting procedures, computerized statewide voter registration, and by-mail registration.
• In retrospect, it was designed to provide maximum profits to voting machine vendors by necessitating the use of DRE voting machines in every polling place.

-- Raymond Lutz - 02 Oct 2006