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Enforcement Timeline of HAVA

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Contents

The Help America Vote Act (HAVA) sectioned off enforcement into certain dates to help states absorb the costs and minimize hurdles in helping enforce the act[1].

October 29, 2002

The Help America Vote Act was enforced from the date when President George W. Bush signed the bill into law[1].

December 13, 2002

Government Services Administration (GSA) establishes a grant program for payments to states to improve election administration and establish grant program for payments to States to replace punch card or lever voting machines with more up to date voting machines Section 101 and 102[1].

January 1, 2003

States must be ready to accept materials from individuals who register by mail. This provision opened the door for states to allow voter registration done by mail Section 303(b)[1].

January 27, 2003

This deadline required Chief State election officials (Secretary of State, State Board of Elections) transmit notice to the Chairman of the Federal Election Commission (and/or the Federal Elections Assistance Commission) containing the name of State election official and local election official selected to serve on Standards Board. The Standards Board was is a oversight board to help aid in the enforcement of the Help America Vote Act and to levy discipline and sanctions on states who do not comply with the Help America Vote Act[1].

February 26, 2003

This enforcement provision allowed for the appointment of four people to serve as commissioners on the Federal Election Assistance Commission[1].

March 31, 2003

This date was a firm time line set by the Federal Election Commission to submit reports that are required under the National Voter Registration Act of 1965[1].

April 29, 2003

This deadline was six months after the law was first enforced for all states to submit application and certifications under Sections 101 and 102 of the Help America Vote Act[1].

June 30, 2003

This was a deadline for the Post-Election National Voter Registration Act to be submitted to Congress[1].

October 1, 2003

This was a key date in enforcement of the Help America Vote Act as this was a date when the Federal Election Assistance Commission adopts recommendations and voluntary guidance on Section 302 of the bill on giving the states the groundwork for Provisional Voting Requirements that created for the current provisional voting laws enacted by each state's legislature.

Also, the Federal Election Assistance Commission adopts recommendations and voluntary guidance for all fifty states and the District of Columbia on Section 303 provisions on computerized Statewide voter registration list (SVRS) requirements and mail registration requirements in which it was up to each individual state to have their legislatures enact SVRS and Mail Registration Requirements[1].

October 29, 2003

This was a deadline set in the enforcement of the Help America Vote Act for the Federal Election Assistance Commission to file a report on human factors during elections to help gage a better understanding of what were the root causes of the electoral problems that happened in the State of Florida and other states in the 2000 election Section 243[1].

January 1, 2004

This date had a majority of key enforcement provisions in the Help America Vote Act Including[1].:

  • The final deadline for states to qualify for waiver of computerized statewide voter registration databases requirement and exmepting states from this requirement.
  • The final deadline for states applying for waivers and exemptions of the deadline for replacement of punch card or lever voting machines using Section 102 payments as mandated in Section 102 of the Help America Vote Act.
  • On this enforcement date this was the deadline for individual states not participating in the grant programs in Section 101 and 102 of the Help America Vote Act that the states applying for exemptions and waivers must certify to the Federal Election Assistance Commission that the state being exempted has established a administrative complaint procedures as mandated in Section 402 of The Help America Vote Act or has submitted a detailed compliance plan to the US Attorney General that details how each state being exempted will handle complaints due to voter irregularities and other voting and voting registration related issues[1].
  • This was the absolute date effective for Section 302 of the Help America Vote Act in which each individual state is mandated to publicly disclose ALL provisional voting and voting information requirements detailing standards for all eligible electors in each state[1].
  • This was the absolute date effective for all states and jurisdictions required to comply with Section 303 of the Help America Vote Act. These are requirements pertaining to computerized statewide voter registration lists (SVRS) (unless states qualified for a waiver) and 1st time voters who register by mail by enforcing the minimum voter ID Requirement that each state is obliged to do so under Section 303 of the Help America Vote Act[1].
  • This date gave the Federal Election Assistance Commission to adopt for each state's election authority voluntary guidance recommendations relating to Section 301 of the Help America Vote Act on Voting Systems Standards requirements. This allowed the EAC to give guidance to help each state's legislature adopt standards on Voting Systems that would be enacted by each state's legislature.
  • This was the effective date in the Help America Vote Act of new Section 706 Uniformed and Overseas Citizens Absentee Voting Act of 1986 (UOCAVA) amendments prohibiting states from refusing to accept registration and absentee ballot applications on grounds of early submission. These amendments made it illegal for states to refuse early applications for voter registration regardless where a voter lives.

January 31, 2004

This is a date when the Federal Election Assistance Commission submits its first report to Congress for Congressional review.

March 29, 2004

Date mandated that the Federal Election Assistance Commission along with the Federal Voting Assistance Program which assists overseas voters that they are required to submit to the President and Congress a report and recommendations for facilitating military and overseas voting under Section 242 of the Help America Vote Act[1].

May 29, 2004

Date required that the Federal Election Assistance Commission submits to the US House and US Senate a report on the issues and challenges presented by incorporating communication and internet technology into the election process as listed in Section 245 of the Help America Vote Act[1]. This enforcement provision talked about electronic voting and whether it could be used in a legal matter.

November 2, 2004

This mandated that states must replace and outlaw punchcard and lever machines replaced if a state is accepting Federal Section 102 payments under the Help America Vote Act unless qualified for waiver[1].

March 31, 2005

This date mandated that each state submit Reports contigent upon compliance of the National Voter Registration Act of 1965 for 2003-2004 due to Federal Election Assistance Commission[1].

June 1, 2005

Date in the Help America Vote Act under Section 244 that requires that the Federal Election Assistance Commission to submit reports to the President and Congress on voters who register by mail as an inquiry in helping streamline the by mail voter registration system[1].

Also, June 1, 2005 mandated that the Federal Election Assistance Commission in conjunction with the Social Security Administration that the two entities report to Congress in a public hearing, testifying under oath on the feasibility and advisability of using a Social Security Number or other such information to establish registration or other election eligibility and Voter ID requirements under Section 244 of the Help America Vote Act[1].

June 30, 2005

This was the mandated deadline that the Federal Election Commission and the Federal Election Assistance Commission presents the 2003-2004 National Voter Registration Act report to be submitted to Congress[1].

Janaury 1, 2006

The Absolute, Final Deadline that each State and jurisdiction is required to comply with the Voting Systems Requirements as listed in Section 301 of the Help America Vote Act.

Also, this date was the stipulated, final deadline for States to implement computerized Statewide voter registration (SVRS) database if the state was qualified under a waiver under the first deadline of the (SVRS) Statewide Voter Registration System requirement[1].

Election Day 2006

The absolute, final deadline that all punch card and lever machines must be replaced in States accepting Section 102 payments to replace these machines for states who qualified for a waiver of the original deadline under Section 102 of the Help America Vote Act.

Janauary 1, 2007

The deadline for states that purchased voting systems to meet with Federal Funds provided for compliance of Title II requirements must meet disability access standards mandated in Section 201 of the Help America Vote Act.

Notes


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