The Help America Vote Act of 2002 (HAVA): An Overview

The Help America Vote Act of 2002 (HAVA): An Overview

Updated September 28, 2022
The Help America Vote Act of 2002 (HAVA): An Overview
The Help America Vote Act of 2002 (HAVA; P.L. 107-
the issues faced by other jurisdictions in 2000. Other policy
252; 52 U.S.C. §§20901-21145) is perhaps the closest thing
proposals, such as changes to military and overseas voting
in federal law to a general election administration statute. It
processes, were offered in post-2000 hearings and reports.
is more wide-ranging in the topics it aims to address than
other elections measures Congress has approved in the
HAVA required adoption of some of those state and local
recent past, with a greater emphasis on federal assistance
policies and technologies and post-2000 proposals. Title
for states and localities.
VII of the act amended existing law to include some of the
proposed changes to military and overseas voting processes,
Partly as a result of those features, HAVA and the election
and Title III set requirements for federal elections for
administration-dedicated agency it created, the U.S.

Election Assistance Commission (EAC), have played a role
voting systems, including requirements to offer voters
in much of the recent congressional activity on election
the opportunity to check and correct their ballots, notify
administration. Congress responded to foreign interference
voters about overvoting, produce a manually auditable
in the 2016 elections and the emergence of the Coronavirus
permanent paper record, provide for accessibility for
Disease 2019 (COVID-19) pandemic in the 2020 election
individuals with disabilities and members of language
cycle, for example, by providing new funding for one of
minority groups, and meet specified error rate standards;
HAVA’s EAC-administered grant programs. Bills have also
 provisional voting, including requirements to permit
been introduced in recent Congresses to revisit HAVA or
certain voters to cast provisional ballots and count
the EAC or to extend them to new aspects of elections.
provisional ballots cast by voters who are found to be
eligible under state law to vote;
This In Focus provides a brief overview of HAVA,
introducing the major provisions of the act. For more on
 voting information, including a requirement to post
HAVA and the role it has played in federal elections
certain information at the polls, such as a sample ballot,
policymaking since its enactment in 2002, see CRS Report
voting instructions, and polling place hours;
R46949, The Help America Vote Act of 2002 (HAVA):
Overview and Ongoing Role in Election Administration
 statewide voter registration databases, including
Policy, by Karen L. Shanton.
requirements to implement centralized, computerized
statewide voter registration lists and follow specified
Background
procedures for maintaining them;
HAVA was enacted in response to issues with the

administration of the 2000 elections. The highest-profile
voter identification, including a requirement that
problems in 2000 were in Florida—where disputes about
certain first-time voters who register by mail provide
the vote count delayed the resolution of the presidential
identification in order to cast a regular ballot; and
race for weeks—but post-election hearings and reports
 the federal mail voter registration form, including
identified issues with various aspects of election
requirements to add age and citizenship questions to the
administration across multiple states.
federal mail voter registration form established by the
National Voter Registration Act of 1993 (NVRA; P.L.
Congress’s response to those findings, in HAVA, spanned a
103-31; 52 U.S.C. §§20501-20511) and offer voters
correspondingly wide range of elections topics, from voting
who fail to answer the citizenship question an
systems to voter identification to the accessibility of the
opportunity to complete the form.
electoral process to individuals with disabilities. HAVA
took three main approaches to the issues: (1) setting
For details of those requirements and the changes HAVA
requirements for the administration of federal elections, (2)
made to military and overseas voting, see CRS Report
authorizing the first major federal grant programs for
R46949, The Help America Vote Act of 2002 (HAVA):
elections, and (3) providing for creation of the EAC.
Overview and Ongoing Role in Election Administration
Policy, by Karen L. Shanton. For more on military and
Requirements
overseas voting in general, see CRS In Focus IF11642,
HAVA was designed, in part, to standardize certain aspects
Absentee Voting for Uniformed Services and Overseas
of the administration of federal elections. Some states and
Citizens: Roles and Process, In Brief, by R. Sam Garrett.
localities had adopted policies or technologies before the
2000 elections—such as provisional voting, statewide voter
HAVA left decisions about how to implement—and, to a
registration databases, and voting systems that notify voters
certain extent, enforce—its Title III requirements to the
of overvoting (making more selections for a given contest
states. The act directed the EAC to issue voluntary guidance
than permitted)—that may have helped them avoid some of
for implementing the Title III requirements but left states
https://crsreports.congress.gov

The Help America Vote Act of 2002 (HAVA): An Overview
discretion over exactly how to meet them. It assigned
that would be fully dedicated to election administration.
federal enforcement of the requirements to the U.S.
There was also debate among Members about whether a
Department of Justice but routed action by individual voters
new elections agency should have regulatory authority.
on violations through state-based administrative complaint
procedures rather than an explicit private right of action.
Congress struck a balance in HAVA by providing for a new
agency, the EAC, but positioning it as a support agency.
Grant Programs
The EAC’s rulemaking authority is explicitly limited by the
Complying with HAVA’s Title III requirements involved
act to regulations about two responsibilities it inherited
significant financial investments for many states and
from the FEC: (1) maintaining the federal mail voter
localities. There were also other post-2000 changes to
registration form established by the NVRA, and (2)
election processes—not addressed by the HAVA
reporting to Congress about the impact of the NVRA on the
requirements—that states and localities wanted or needed to
administration of federal elections. The agency’s other
make. Congress accounted for both of those circumstances,
duties are assistance-oriented activities, such as
in HAVA, with a pair of general grant programs that were
administering grant programs; issuing voluntary guidance
designed to help states meet HAVA’s Title III requirements
for implementing HAVA’s Title III requirements;
and make certain general improvements to election
conducting elections research and sharing election
administration: (1) a requirements payments program, and
administration best practices; developing federal Voluntary
(2) a general improvements grant program.
Voting System Guidelines (VVSG); and overseeing testing
and certification of voting systems to the VVSG.
HAVA also authorized grant programs to facilitate or
incentivize action on specific issues or policy proposals,
The structure of the EAC also reflects its positioning as a
including grant programs related to
support agency. The EAC’s four-member Commission,

Office of Inspector General, and professional staff were
voting technology, including for replacing lever and
paired by HAVA with three advisory bodies that are
punch card voting systems used in the November 2000
designed to play a central role in the direction and
election, for researching improvements to election
functioning of the agency and are composed of state and
systems, and for conducting pilot programs to test new
local officials and other elections stakeholders:
voting technologies and implement them on a trial basis;


Board of Advisors. Composed of representatives of
disability access, including for improving the
state and local officials, federal agencies, science and
accessibility of polling places and for supporting work
technology experts, and voters. Responsible for
by protection and advocacy systems (state-level systems
reviewing voluntary guidance and draft VVSG and
charged with empowering and advocating for
consulting on certain agency activities and planning.
individuals with disabilities) to help ensure electoral
access for individuals with disabilities; and
 Standards Board. Composed of state and local

officials. Responsible for reviewing voluntary guidance
youth voter participation and poll worker
and draft VVSG and consulting on certain agency
recruitment, including for conducting voter education
activities and planning.
activities for students and their parents and for
encouraging students to serve as poll workers and
 Technical Guidelines Development Committee.
election officials to use their services.
Composed of the Director of the National Institute of
Standards and Technology and representatives of the
To help ensure that grant funds are used as intended,
Board of Advisors and Standards Board, state election
HAVA provides for funding audits and repayments. It
officials, science and technology experts, and
includes provisions for audits by the agencies that
individuals with disabilities. Responsible for helping
administer its grant programs, as well as regular audits of
develop draft VVSG.
requirements payments and special audits of any HAVA
funding on a vote of the Commissioners of the EAC.
In 2021, the EAC used its authority to establish a fourth
advisory body, the Local Leadership Council, consisting of
For more information about HAVA’s grant programs,
local election officials and charged with advising the
including the funding Congress has authorized and
agency and helping it carry out its responsibilities.
appropriated for them to date, see CRS Report R46646,
Election Administration: Federal Grant Funding for States
For more on the VVSG and the duties and structure of the
and Localities, by Karen L. Shanton.
EAC, respectively, see CRS Insight IN11592, Voluntary
Voting System Guidelines (VVSG): An Overview, by Karen
Election Assistance Commission (EAC)
L. Shanton; and CRS Report R45770, The U.S. Election
Federal agency support for the general administration of
Assistance Commission: Overview and Selected Issues for
elections was provided in 2000 by a small office at the
Congress, by Karen L. Shanton.
Federal Election Commission (FEC) known as the Office of
Election Administration (OEA). The scope of the issues
Karen L. Shanton, Analyst in American National
with the conduct of the 2000 elections prompted calls for an
Government
expanded federal agency role in election administration.
IF12033
Some proposed assigning any new responsibilities to the
existing OEA, while others wanted to create a new agency
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 2 · UPDATED