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The Help America Vote Act of 2002


On October 29, 2002, President Bush signed the "Help America Vote Act of 2002," (HAVA), Pub. L. No. 107-252, 116 Stat. 1666 (2002) into law.  The HAVA is codified at 42 U.S.C. 15301 to 15545.  After the House of Representatives, on December 12, 2001, and the Senate on April 11, 2002, passed differing versions of H.R. 3295, joint conferees were named to reconcile the differences and adopted a conference report on October 8, 2002, which was then passed by the House and Senate without amendment.

The legislation aims to improve the administration of elections in the United States, primarily through three means:
  1. creating a new federal agency to serve as a clearinghouse for election administration information;
  2. providing funds to states to improve election administration and replace outdated voting systems; and
  3. creating minimum standards for states to follow in several key areas of election administration.

Department of Justice Activities

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.

The United States has enforced HAVA through both litigation and by informing jurisdictions of the Department's views on the Act's requirements.

  • Memorandum of Agreement and press release dated November 2, 2005 with the State of California regarding HAVA statewide
    voter registration database.

  • On February 20, 2004, the Department of Justice released a guide to improving accessibility of polling places for disabled voters.
                 ADA Checklist for Polling Places

  • Letter of March 17, 2003 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.

  • Help America Vote Act - FAQ's

Department of Health and Human Services Activities

Under Section 261 and 291 of HAVA, the Department of Health and Human Services is responsible for making grants to States and to protection and advocacy systems to improve access to and participation in the election process for individuals with disabilities.    

   Election Assistance Commission Activities

The Election Assistance Commission has further information about HAVA.

   National Institute of Standards and Technology Activities

The National Institute of Standards and Technology has further information about HAVA.
Updated July 25, 2008