Section 302(b) of HAVA, 42 U.S.C. 15482(b), entitled "Voting Information Requirements" requires state or local election officials to provide (1) "voting information to be publicly posted at each polling place on the day of each election for Federal office" conducted after January 1, 2004. Section 302(b)(2) defines "voting information" to include six specific items of information:
(A) a sample version of the ballot that will be used for that election;
(B) information regarding the date of the election and the hours during which polling places will be open;
(C) instructions on how to vote, including how to cast a vote and how to cast a provisional ballot;
(D) instructions for mail-in registrants and first-time voters under section 303(b);
(E) general information on voting rights under applicable Federal and State laws, including information on the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated; and
(F) general information on Federal and State laws regarding prohibitions on acts of fraud and misrepresentation."
States have discretion in how they implement the voting information requirement in Section 302(b) of HAVA and much of the information required will be specific to the jurisdiction, its laws, its voting systems and the particular election it is conducting. However, several federal law requirements should be discussed in this informational posting. In response to requests from several states, the Department of Justice has compiled and condensed below some of the relevant federal law requirements and contact information which jurisdictions may find responsive to subsections (E) and (F) of Section 302(b)(2). A cite to relevant federal law provisions are included for your reference. Not all requirements apply to every state or to every election. The information set forth below is simply illustrative, and states are not required to present all of this information or to present this information in any specific format. States should feel free to adapt this to meet their own needs.
Subsection E (Voting Rights)
* Voters whose names do not appear on the poll list in an election for federal office, or are unable to comply with identification requirements for mail-in registrants, are entitled to vote by provisional ballot if they declare they are registered to vote in the jurisdiction and eligible to vote in the election.
[ CITE: 42 U.S.C. 15482(a), 15483(b) ]
* Voters in an election for federal office who vote by provisional ballot are entitled to written information describing how they may learn, through a free access system, whether their provisional ballot was counted by election officials, and if it was not counted, why not.
[ CITE: 42 U.S.C. 15482(a) ]
* Voters who vote in an election for federal office after the established time for polls to close due to a court order or other order requiring the polls to remain open extended hours will have to vote by provisional ballot (unless those voters were in line at the time polls closed).
[ CITE: 42 U.S.C. 15482(c) ]
* Voters may have to show identification the first time they vote in an election for federal office after January 1, 2004 if they registered to vote for the first time in a state or jurisdiction by mail after January 1, 2003, and have not provided identification or identifying information to the registrar prior to election day, unless they are entitled to vote absentee under federal law.
[ CITE: 42 U.S.C. 15483(b) ]
* Voters who are registered to vote and who have moved within the same registrar's jurisdiction before an election for federal office are generally entitled to vote in that election under failsafe procedures even if they did not previously advise the registrar of the move.
[ CITE: 42 U.S.C. 1973gg-6(f) ]
* Voters who have submitted to appropriate officials (or mailed and postmarked) their completed and valid registration application by 30 days before an election for federal office or such lesser time as permitted by state law, and whom the registrar has determined are eligible, are entitled to be registered and to vote in that election.
[ CITE: 42 U.S.C. 1973gg-6(a)(1) ]
* Voters are entitled to notice of the disposition of their voter registration application.
[ CITE: 42 U.S.C. 1973gg-6(a)(2) ]
* Voters otherwise qualified to vote in an election for President or Vice-President may not be denied the right to vote for those offices due solely to a failure to satisfy a durational residency requirement.
[ CITE: 42 U.S.C. 1973aa-1 ]
* Voters who are otherwise qualified to register and vote may be entitled to register and vote absentee in an election for federal office if they are in the military or are residing overseas.
[ CITE: 42 U.S.C. 1973ff-1 ]
* Voters in jurisdictions with a statutorily-specified minimum number of language minority voters may be entitled to receive a written ballot or other election materials or assistance in a language other than English.
[ CITE: 42 U.S.C. 1973b(f)(4), 1973aa-1a ]
* Voters who require assistance in voting due to blindness, disability or inability to read or write may receive assistance from a person of the voter's choice other than the voter's employer (or agent thereof) or an officer of the voter's union (or agent thereof).
[ CITE: 42 U.S.C. 1973aa-6 ]
* Jurisdictions must not apply standards or practices which deny or abridge the right to vote on account of race, must not deny any individual the right to vote on account of errors or omissions in registration applications which are not material to determining whether such individual is qualified to vote, and must not apply different standards and procedures to voters in determining whether are they are qualified to vote.
[ CITE: 42 U.S.C. 1971(a); 1973 ]
* Jurisdictions must take steps to make the registration and voting process accessible to the elderly and to individuals with disabilities.
[ CITE: 42 U.S.C. 1973ee-1, 1973ee-2, 1973ee-3 ]
* Persons must not intimate, threaten or coerce any other person: for registering or voting; for urging or aiding persons in registering or voting; for purposes of interfering or influencing how a person chooses to vote or not vote; or for purposes of preventing a person from voting.
[ CITE: 42 U.S.C. 1971(b), 1973i(b), 1973gg-10(1); 18 U.S.C. 241, 242, 245, 594 ]
* Election officials must not fail or refuse to permit a person to vote who is entitled to vote and must not refuse to tabulate, count and report such person's vote.
[ CITE: 42 U.S.C. 1973i(a); 18 U.S.C. 241, 242, 608(a) ]
* Election officials must not deny persons of any right secured by the 26th Amendment to the U.S. Constitution (regarding not denying the right to vote to citizens 18 years of age and older on account of age).
[ CITE: 42 U.S.C. 1973bb ]
* Election officials must retain and preserve for 22 months after any election that includes a federal candidate all records and papers relating to registration and voting in that election.
[ CITE: 42 U.S.C. 1974 ]
Subsection F (Prohibited Acts of Fraud and Misrepresentation)
* Persons must not make any false statement or claim that they are citizens of the United States in order to register or vote in any Federal, State, or local election.
[ CITE: 42 U.S.C. 15544(b); 18 U.S.C. 611, 911, 1015(f) ]
* Persons must not vote more than once in any election that includes a federal candidate (note: this does not include voting a replacement ballot after a spoiled ballot was invalidated).
[ CITE: 42 U.S.C. 1973i(e) ]
* Persons must not procure or submit materially false, fraudulent or fictitious voter registration applications in any election that includes a federal candidate.
[ CITE: 42 U.S.C. 1973gg-10(2)(A) ]
* Persons must not submit false information as to name, address or period of residence in a voting district for the purpose of establishing eligibility to register or vote in any election that includes a federal candidate.
[ CITE: 42 U.S.C. 1973i(c), 15544(a); 18 U.S.C. 608(b) ]
* Persons must not procure, cast or tabulate materially false, fraudulent or fictitious ballots in any election that includes a federal candidate.
[ CITE: 42 U.S.C. 1973i(c),(e), 1973gg-10(2)(B); 18 U.S.C. 242 ]
* Persons must not pay, offer to pay or accept payment for voting, registering to vote, withholding their vote, or voting for or against any candidate in any election that includes a federal candidate.
[ CITE: 42 U.S.C. 1973i(c), 18 U.S.C. 597, 608(b) ]
* If you have witnessed efforts to commit any kind of fraud or corruption in the voting process, you may report this to state law enforcement officials at [_____________ e.g., state toll free number] or your local United States Attorney's Office or the nearest office of the Federal Bureau of Investigation.
* If you have witnessed actual or attempted acts of discrimination or intimidation in the voting process, you may report this to the Civil Rights Division of the United States Department of Justice at 1-800-253-3931.