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HAVA RESOURCES AND GUIDANCE
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FEDERAL AGENCIES INVOLVED IN HAVA
Election Assistance Commission
(http://www.fec.gov/hava/eac.htm)
General Responsibilities (Title II, Subtitle A, Part 1 Sections 202,206, 207 & 209)
The Commission shall serve as a national clearinghouse and resource for the compilation of information and review of procedures with respect to the administration of Federal elections.
- Develop/Update Voluntary Voting Systems Guidelines [Standards] (Title II, Subtitle A, Part 3 - Section 221)
- Certification/Decertification and Testing of Voting Systems (Title II, Subtitle B - Section 231)
- Periodic Studies of Election Administration Issues (Title II, Subtitle C - Section 241)
- Election Assistance Requirements Payments (Title II, Subtitle D - Sections 251-258)
- Grants for Research on Voting Technology Improvements (Title II, Subtitle D, Part 3, Section 271)
- Grants to Pilot Programs for Testing of Equipment and Technology (Title II, Subtitle D, Part 4, Section 281)
- Grants to the National Student and Parent Mock Election (Title II, Subtitle D, Part 6, Section 295)
- Studies of Specific Issues in Election Administration
- Study/Report/Recommendations on Best Practices for Facilitating Military & Overseas Voting (Section 242)
- Report on Human Factor Research (Section 243)
- Study and Report on Voter Registration by Mail and the Use of Social Security Information (Section 244)
- Study and Report on Electronic Voting (Section 245)
- Study and Report on Free Absentee Ballot Postage (Section 246)
- Help America Vote College Program (Title V, Sections 501-503)
- Audit Functions (Title IX, Section 902 (b))
Federal Election Commission
The Federal Election Commission will be the "parent" to the new spin-off EAC. FEC has further information about HAVA at:
http://www.fec.gov/hava/hava.htm
General Services Administration
Under Section 101, the General Services Administration is responsible for providing funds to the States.
- Letter from the General Services Administration to chief election officials describing that office's process to
distribute funds under Title I of the Help America Vote Act of 2002, 42 U.S.C. 15301 to 15545.
(http://www.usdoj.gov/crt/voting/hava/states_ltr.htm)
- GSA contact person who is in charge of early money programs to replace punch card and lever voting machines and other election improvements is:
Deborah Schilling
Office of the Chief Financial Officer
Phone: 202-501-0719
Email: deborah.schilling@gsa.gov.
National Institute for Standards & Technologies
http://www.nist.gov/
NIST is responsible for setting standards, testing methodologies, and certifying labs that are capable of testing the capabilities of voting machines (including their accessibility).
Federal Access Board
http://www.access-board.gov/
The Access Board acts as an advisor and member of many of the committees developing accessibility standards and policies for HAVA.
Department of Health & Human Services
http://www.hhs.gov/
DHHS is responsible for managing the grants program for accessibility, and the Protection & Advocacy funds.
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Contact for Title II Disability Programs:
- PAYMENTS TO STATE & LOCAL GOVERNMENTS
Hon. Margaret J. Giannini, MD, FAAP
Director, Office of Disability
Phone: 202-205-3385
Email: margaret.giannini@hhs.gov
- PROTECTION & ADVOCACY PAYMENTS
Patricia Morrissey
Commissioner, Administration on Developmental Disabilities, Administration for Children and Families
Phone: 202-690-6590
Email: PMorrissey@acf.hhs.gov
Department of Justice
Under Section 401, the Attorney General has enforcement authority for the uniform and nondiscriminatory election technology and administration requirements that apply to States under Sections 301, 302, and 303.
- Letter to the chief election official, governor, and attorney general in each of the 50 States, the District of Columbia, Guam, American Samoa, the U.S. Virgin Islands, and Puerto Rico discussing the HAVA and offering the Civil Rights Division's assistance in the jurisdictions' efforts to comply with the requirements of Title III of the new Act. An example of the letter is available here. (http://www.usdoj.gov/crt/voting/hava/states_ltr.htm)
- Letter to Senator Kit Bond on February 26, 2002, regarding the application of Section 5 of the Voting Rights Act of 1965, 42 U.S.C. 1973c, to the voter identification requirements then under consideration in Congress. (http://www.usdoj.gov/crt/voting/hava/bond_intro.html)
- Letter to the Attorney General for the State of New Jersey regarding the effective date for Section 303(b) of the Help America Vote Act of 2002. (http://www.usdoj.gov/crt/voting/hava/NJltr.html)
- Guide to Disability Rights Laws including Section 906 required laws. (http://www.usdoj.gov/crt/ada/cguide.htm)
AMERICAN FOUNDATION FOR THE BLIND: Review of Accessible Voting Machines
http://www.afb.org/aw/aw030603.asp
DRAFT IEEE STANDARD FOR VOTING EQUIPMENT
http://grouper.ieee.org/groups/scc38/1583/p1583_-_stds.htm
This document is intended for use as an evaluation standard for the election voting equipment identified in the SCOPE. This standard will provide technical specifications for electronic, mechanical, and human factors that can be used by manufacturers of voting machines or by those purchasing such machines. The tests and criteria identified assure equipment confidentiality, security, reliability, accuracy, usability, and accessibility. It includes specifications and specification verification for usability and accessibility.
HAVA COMPLIANCE TIMELINE*
HAVA has numerous requirements which States must meet over the next four years. Three of those requirements have become effective since the first of the year, with others, including a mandate for provisional voting and State plans to use federal dollars to replace punch-card or lever machines, looming less than a year from now. The following table includes the HAVA timeline dates, along with the corresponding requirement.
| HAVA COMPLIANCE TIMELINE |
| DATE | REQUIREMENT |
| 1/1/03 |
States must accept materials from individuals registering to vote by mail. |
| 1/27/03 |
Chief State election officials are required to give the Federal Election Commission the names of the State election official selected to serve on the Standards Board.
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| 4/29/03 |
States submit certification to the U.S. General Services Administration to be eligible for funding to improve the administration of federal elections. |
| 1/1/04 |
 | Effective date for HAVA-mandated provisional voting and voter verification rules. |
 | Last day for States to qualify for a waiver of computerized statewide voter registration databases. If States do not qualify for a waiver, they will be required to comply with requirements set up for computerized statewide voter registration lists and first-time time voters who register by mail. |
 | Last day for States to apply for a waiver to replace punch card or lever voting machines. States that don't participate in the grant program must certify they have established a complaint procedure or submitted a plan to the U.S. Attorney General.
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| 11/2/04 |
Unless States qualify for a waiver, all punch-card and lever voting machines must be replaced in States accepting federal machine buy-out funds. If the machines are not replaced then funds paid to the states for replacement must be repaid.
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| 1/1/06 | States are required to comply with voting systems standards and implement a computerized statewide voter registration database. One accessible voting machine must be in place in each polling place. |
| 1/1/07 | All voting machines purchased using HAVA funds must meet disability access standards. |
*Election Reform Briefing. Electionline.org, produced by the Election Reform Information Project, is the nation's only non-partisan, non-advocacy website providing up-to-the-minute news and analysis on election reform.
http://www.electionline.org/site/dav/html/brief1.html.
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