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Help America Vote Act's Minimum Requirements
Simply put, HAVA requires that each state at minimum implement:
- Sec. 301 Voting System Standards. States must replace all voting machines that do not meet the requirements set forth in Sec. 301 by November 1, 2006.
- Sec. 302 Provisional Voting and Voting Information Requirements. States are required to not only provide voters who may appear to not be registered to vote with a provisional ballot, but they must also put up signs and instructions telling voters how and when to ask for a provisional ballot. To learn more about provisional voting see "Your Right to a Provisional Ballot and How it Counts. Effective date for states to implement their provisional voting requirements is January 1, 2004.
- Sec. 303 Computerized Statewide Voter Registration List Requirements and Requirements for Voter Who Registration by Mail. Unless a state qualified for a waiver, each state is mandated to implement a statewide ?single, uniform, official, centralized, interactive computerized voter registration list defined, maintained, and administered at the state level.? This database must include the names and registration information of every legal registered voter in the state. Each state, unless qualified for a waiver must have the requirements of Sec. 303 in place by January 1, 2004. To learn more about this requirement, please read ?Voter Registration and Identification.?
It is up to each state to decide how to implement these requirements; whether it is by enabling legislation or executive order, HAVA does not lay out how each state needs to go about implementation. In fact, Sec. 305 Methods of Implementation Left to Discretion of State specifies, ?the choices on the methods of complying with the requirements of this title [title III] shall be left to the discretion of the state.?
