February 2, 2022
The Help America Vote Act of 2002 (HAVA): An Overview
The Help America Vote Act of 2002 (HAVA; P.L. 107-
notified voters about overvoting (making multiple
252; 52 U.S.C. §§20901-21145) is perhaps the closest thing
selections for a single office)—that may have helped them
in federal law to a general election administration statute. It
avoid some of the issues faced by other jurisdictions in
is more wide-ranging in the topics it aims to address than
2000. Other policy proposals, such as changes to military
other elections measures Congress has approved in the
and overseas voting, were offered in post-2000 hearings
recent past and has a greater emphasis on federal assistance
and reports.
for states and localities.
HAVA required adoption of some of those state and local
Partly as a result of those features, HAVA and the election
policies and post-2000 policy proposals. Title VII of the act
administration-dedicated agency it created, the U.S.
amended existing law to include some proposed revisions to
Election Assistance Commission (EAC), have figured in
military and overseas voting, and Title III set national
much of the recent congressional activity on election
requirements for federal elections for
administration. Congress responded to foreign interference
in the 2016 elections and the emergence of the Coronavirus
voting systems, including requirements to offer voters
Disease 2019 (COVID-19) pandemic in the 2020 election
the opportunity to check and correct their ballots, notify
cycle, for example, by providing new funding for one of
voters about overvoting, produce a manually auditable
HAVA’s grant programs. Legislation has also been
permanent paper record, provide for certain types of
introduced in recent Congresses to revisit HAVA or the
accessibility for individuals with disabilities and
EAC or to extend them to encompass new aspects of
members of language minority groups, and meet
election administration.
specified error rate standards;
provisional voting, including requirements to permit
This In Focus provides a brief overview of HAVA,
certain voters to cast a provisional ballot and count
introducing the major provisions of the act. For more on
provisional ballots cast by voters who are found to be
HAVA and the role it has played in federal elections
eligible under state law to vote;
policymaking since its enactment in 2002, see CRS Report
R46949, The Help America Vote Act of 2002 (HAVA):
voting information, including a requirement to post
Overview and Ongoing Role in Election Administration
certain types of information at the polls, such as a
Policy, by Karen L. Shanton.
sample ballot, voting instructions, and polling place
hours;
Background
HAVA was enacted in response to issues with the
statewide voter registration databases, including
administration of the 2000 elections. The highest-profile
requirements to implement centralized, computerized
challenges in 2000 were in Florida—where disputes about
statewide voter registration lists and follow specified
the vote count delayed the resolution of the presidential
procedures for maintaining them;
race for weeks—but post-election hearings and reports
voter identification, including a requirement that
identified issues with various aspects of election
certain first-time voters who register by mail provide
administration across multiple states.
identification in order to cast a regular ballot; and
Congress’s response to those findings, i
n HAVA, spanned a
the federal mail voter registration form, including
correspondingly wide range of elections topics, from voting
requirements to add age and citizenship questions to the
systems to voter identification to the accessibility of the
federal mail voter registration form established by the
electoral process for individuals with disabilities. HAVA
National Voter Registration Act of 1993 (NVRA; P.L.
took three main approaches to the issues: (1) setting
103-31; 52 U.S.C. §§20501-20511) and offer voters
requirements for the administration of federal elections, (2)
who fail to answer the citizenship question an
authorizing the first major federal grant programs for
opportunity to complete the form.
elections, and (3) providing for creation of the election
administration-dedicated EAC.
For details of those requirements and HAVA’s amendments
to military and overseas voting processes, see CRS Report
Requirements
R46949, The Help America Vote Act of 2002 (HAVA):
HAVA was designed, in part, to standardize certain aspects
Overview and Ongoing Role in Election Administration
of the administration of federal elections. Some states and
Policy, by Karen L. Shanton. For more on military and
localities had adopted policies before the 2000 elections—
overseas voting in general, see CRS In Focus IF11642,
such as provisional voting, implementation of statewide
Absentee Voting for Uniformed Services and Overseas
voter registration databases, and use of voting systems that
Citizens: Roles and Process, In Brief, by R. Sam Garrett.
https://crsreports.congress.gov
The Help America Vote Act of 2002 (HAVA): An Overview
HAVA left decisions about how to implement—and, to a
Election Administration (OEA). The scope of the issues
certain extent, enforce—its Title III requirements to the
with the administration of the 2000 elections prompted calls
states. The act directs the EAC to issue voluntary guidance
for an expanded federal agency role in elections.
for implementing the Title III requirements but leaves states
discretion over exactly how to meet them. It assigns federal
Some proposed assigning any new responsibilities to the
enforcement of the requirements to the U.S. Department of
existing OEA, while others wanted to create a new agency
Justice (DOJ) but routes action by individual voters on
that would be fully dedicated to election administration.
violations through state-based administrative complaint
There was also debate among Members about whether a
procedures rather than an explicit private right of action.
new elections agency should have rulemaking authority.
Grant Programs
Congress struck a balance in HAVA by providing for a new
Complying with HAVA’s Title III requirements involved
agency, the EAC, but positioning it as a support agency.
significant financial investments for many states and
The EAC’s rulemaking authority is explicitly limited by the
localities. There were also other post-2000 adjustments to
act to regulations about two responsibilities it inherited
election processes—not addressed by the HAVA
from the FEC: (1) maintaining the federal mail voter
requirements—that states and localities wanted or needed to
registration form established by the NVRA, and (2)
make. Congress accounted for both cases, in HAVA, with a
reporting to Congress on the impact of the NVRA on the
pair of general grant programs that were designed to help
administration of federal elections. The EAC’s other duties
states meet HAVA’s Title III requirements and make
are assistance-oriented activities such as administering
general improvements to the administration of federal
grant programs; issuing voluntary guidance for
elections: (1) a requirements payments program, and (2) a
implementing HAVA’s Title III requirements; conducting
general improvements grant program.
research on elections topics; sharing election administration
best practices; and developing federal Voluntary Voting
HAVA also authorized grant programs to facilitate or
System Guidelines (VVSG) and providing for testing and
incentivize action on specific issues or policy proposals,
certification of voting systems to the guidelines.
including grant programs related to
The structure of the EAC also reflects its positioning as a
voting technology, including for replacing lever and
support agency. The EAC’s four-member commission,
punch card voting systems used in the November 2000
Office of Inspector General, and professional staff are
election, researching improvements to election systems,
paired with three advisory bodies that are designed to play a
and conducting pilot programs to test new voting
central role in the direction and functioning of the agency
technologies and implement them on a trial basis;
and composed of state and local officials and other
elections stakeholders:
disability access, including for improving the
accessibility of polling places and supporting work by
Board of Advisors. Composed of representatives of
protection and advocacy systems (state-level systems
state and local officials, federal agencies, science and
charged with empowering and advocating for
technology experts, and voters and responsible for
individuals with disabilities) to help ensure electoral
reviewing voluntary guidance and draft VVSG and
access for individuals with disabilities; and
consulting on certain agency activities and planning.
youth voter participation and poll worker
Standards Board. Composed of state and local officials
recruitment, including for conducting voter education
and responsible for reviewing voluntary guidance and
activities for students and their parents and encouraging
draft VVSG and consulting on certain agency activities
students to serve as poll workers and election officials to
and planning.
use their services.
Technical Guidelines Development Committee
To help ensure that grant funds are used as intended,
(TGDC). Composed of the Director of the National
HAVA provides for funding audits and repayments. It
Institute of Standards and Technology (NIST) and
includes provisions for audits by the agencies charged with
representatives of the Board of Advisors and Standards
administering its grant programs, as well as regular audits
Board, state election officials, science and technology
of requirements payments and special audits of any HAVA
experts, and individuals with disabilities and responsible
funding on a vote of the commissioners of the EAC.
for helping develop draft VVSG.
For more information about HAVA’s grant programs,
For more on the VVSG and the duties and structure of the
including the funding Congress has authorized and
EAC, respectively, see CRS Insight IN11592, Voluntary
appropriated for each program to date, see CRS Report
Voting System Guidelines (VVSG): An Overview, by Karen
R46646, Election Administration: Federal Grant Funding
L. Shanton; and CRS Report R45770, The U.S. Election
for States and Localities, by Karen L. Shanton.
Assistance Commission: Overview and Selected Issues for
Congress, by Karen L. Shanton.
U.S. Election Assistance Commission
(EAC)
Karen L. Shanton, Analyst in American National
Federal agency support for the general administration of
Government
elections was provided in 2000 by a small office at the
Federal Election Commission (FEC) known as the Office of
IF12033
https://crsreports.congress.gov
The Help America Vote Act of 2002 (HAVA): An Overview
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has
been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the
United States Government, are not subject to copyright protection in the United States. Any CRS Report may be
reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include
copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you
wish to copy or otherwise use copyrighted material.
https://crsreports.congress.gov | IF12033 · VERSION 1 · NEW