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Help America Vote Act:
Frequently Asked Questions
If you have a question about HAVA, please contact the Elections Division at:
503-986-1518 or toll free 1-866-673-8683
elections.sos@state.or.us
What is the Help America Vote Act?
What does the Act require?
How much funding will be available to help states meet the requirements?
How will Oregon distribute and use the money it receives?
What are the financial responsibilities of the state and the counties?
What is Oregon doing to prepare to meet the federal requirements?
How will Oregon's elections process change as a result of HAVA?
Who are the HAVA Steering Committee members and how can I get more information about HAVA and the planning process?
What is the Help America Vote Act?
The Help America Vote Act, or HAVA, was passed by Congress in October 2002 to making sweeping reforms to the nation's voting process. The Act addresses improvements to voting systems and voter access that were identified following the 2000 Presidential Election. It includes provisions for replacement of punchcard and lever voting systems, creation of centralized voter registration database, new voter identification requirements, access for people with disabilities, and enhanced voter outreach.
What does the Act require?
There are two main components to the act — overall improvements to elections administration, which can be done at the discretion of each state as funding allows, and specific mandates. Under the act the State of Oregon is required to:
By January 1, 2006:
- Provide voters with information on the effect of overvoting, how to correct their ballots and how to request a replacement ballot.
- Have voting systems that produce a permanent paper record with manual audit capacity.
- Provide at least one Direct Recording Electronic voting system (DRE) per County to provide enhanced access to the voting process by people with disabilities.
- Comply with the Federal Elections Commission's standards for voting equipment error rates.
- Define uniform and nondiscriminatory standards for what constitutes a vote.
By January 1, 2004:
- Provide a process for allowing voters to cast provisional ballots.
- Establish a toll-free line allowing voters who have cast provisional ballots to check to see whether their vote was counted or not, and if not counted, why not.
- Implement a "uniform, official, centralized, interactive, computerized statewide voter registration list" that is defined, maintained, and administered at the state level (can request a "good cause" waiver to January 1, 2006)
By January 1, 2003:
- Implement new identification requirements for first time voters who register by mail (requires voters to submit copies of a valid photo ID , current utility bill, bank statement, or government document with their registration form or their ballot.)
Before federal funding can be received:
- Establish and Election Fund that is separate from the state General Fund.
- Certify that an administrative procedure is in place for voter complaints under Title III of HAVA.
- Prepare and submit to the federal government as state HAVA plan that is developed in an open manner and subject to public notice and comment.
How much funding will be available to help states meet the requirements?
The Act allows two separate federal appropriations. The first source is "early out" funding that can be used for replacement of punchcard and lever voting systems and discretionary improvements to the elections process. These funds require no state matching funds. The second source of funding is a requirements payment to help states meet the mandates of HAVA, and states must provide 5% matching funds in order to receive it. States must also submit a written plan documenting the activities they will undertake to comply with HAVA in order to receive the requirements payment from the federal government The third source of funding is a fund within the U.S. Department of Health and Human Services (HHS) to which states and counties can apply to receive funding for disability access improvements. The total amounts Oregon would eligible to receive using the formula included in the Act is:
- $7.3 million in "early out" funding
- $35.4 million in requirements funding
- $1.4 million in HHS funding
The total amount actually received will depend on how much Congress appropriates. It is unknown at this time whether or not HAVA will be fully funded at the levels included in the Act. Early indications are that states may receive their "early out" funding sometime this Spring and a portion of the requirements funding by Fall.
How will Oregon distribute and use the money it receives?
Because states are required to meet the mandates of HAVA whether or not full federal funding is provided, Congressional staff members have urged states to use the "early out" discretionary funds to meet the requirements placed on the State and counties by the new law. Oregon intends to follow this advice and fund discretionary improvements only after the HAVA requirements have been met. The following activities will be funded first:
- Replacement of punch card voting systems
- Purchase of DREs for counties
- Oregon centralized voter registration system
- Voter education and elections staff training on Title III requirements (includes a statewide toll-free line)
If the requirements funding comes through, states can reimburse themselves for the "early out" money that was used to meet HAVA mandates, and that funding can be applied to discretionary activities.
What are the financial responsibilities of the state and the counties?
The State intends to pay the cost of each of the four activities listed above using the available federal funding. The state will be responsible for the cost of maintaining the centralized voter registration system and the toll-free line and for the implementation of the HAVA requirements. Counties will be required to maintain the replacement to their punchcard systems and to maintain and replace their DREs after the initial purchase and training activities, which will be handled by the State. If funding is more than adequate to pay for the HAVA requirements, funds may be maintained and the interest used to off-set on-going equipment replacement and maintenance costs for both the state and the counties. If federal funding is inadequate to meet the mandates, counties may need to contribute to the cost of punchcard replacement and/or the purchase of DREs, and the State may have to seek funding of the centralized voter registration system out of other funding sources in the State budget.
What is Oregon doing to prepare to meet the federal requirements?
Upon passage of the Act, Secretary of State Bill Bradbury appointed a HAVA Steering Committee made up of county elections clerks, State Elections Division staff, legislators and various stakeholders of the elections process. The Steering Committee is responsible for recommending what should be included in the State plan that must be submitted to the federal government in order to receive requirements funding. The draft plan was reviewed by Oregon's 36 county elections clerks in February and March. In April, the Secretary of State will hold seven public hearings to encourage broad-based input into the plan. Once that process is completed, the Secretary will consider the public comments and adopt a final plan. The target date for completion of the plan is May 15.
While the plan is being drafted, the Secretary of State has introduced legislation that will make all of the necessary changes to Oregon Statutes to allow compliance with HAVA. The most important piece of legislation creates a separate Election Fund for receiving HAVA funding. Approval of this legislation is important so that Oregon can receive the federal funds at the earliest possible date they are available and meet the HAVA requirements within the mandated federal timeframes.
How will Oregon's elections process change as a result of HAVA?
There will be no changes to Oregon's Vote By Mail system or to the basic structure of the elections process. In fact, the Act was written recognizing Vote By Mail and offering alternative approaches to compliance. For the most part, voters will register and vote in the same way. The roles, responsibilities, and relationship of the state and the counties will remain much the same. The one exception to this is the State taking on responsibility for implementing and maintaining a centralized voter registration list, with direction and assistance from the counties. Provisional balloting and replacement ballots, which are already part of Oregon's Vote By Mail process will be the same, as will the way overseas and military ballots are handled.
The biggest changes as a result of HAVA are improved integrity of voter registration data through a centralized database and new identification requirements, enhanced access to the voting process by people with disabilities, and improved information and instructions that will help voters understand how to cast a valid ballot, and how to get assistance in participating in the voting process. If federal funding is more than what Oregon needs to meet the HAVA requirements, the Steering Committee has recommended that the remaining funding be used for elections administration activities ranging from improvements to county elections tally systems, translation of voter materials into other languages, and additional disability access improvements.
Who are the HAVA Steering Committee members and how can I get more information about HAVA and the planning process?
Contact any of the Steering Committee members
