Election Reform: The Help America Vote Act and Issues for Congress (CRS Report for Congress)
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| Release Date |
Revised June 17, 2008 |
| Report Number |
RL32685 |
| Report Type |
Report |
| Authors |
Eric A. Fischer, Resources, Science, and Industry Division; and Kevin J. Coleman, Government and Finance Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
In November 2000, the nation faced the unusual circumstance of not knowing the winner of the election for President for several weeks. The public scrutiny resulting from that experience exposed a wide range of weaknesses with the American system of elections. Many of the weaknesses had been known for years by election administrators, but they had been unsuccessful at drawing sufficient attention to them to effect the needed changes. In October 2002, Congress enacted the Help America Vote Act (HAVA, P.L. 107-252), which addressed many of those weaknesses. It created a new federal agency, the Election Assistance Commission (EAC), with election administration responsibilities. It set requirements for voting and voter-registration systems and certain other aspects of election administration, and it provided federal funding; but it did not supplant state and local control over election administration.
The establishment of the EAC was delayed for several months beyond the statutory deadline, and it was initially funded at a fraction of the authorized level. As a result, many of the tasks assigned to it by HAVA were also delayed, although the agency has since been more successful at fulfilling its statutory tasks. HAVA established several grant and payment programs for various purposes, and Congress has appropriated more than $3 billion altogether for them. It is uncertain if current levels of funding are sufficient to meet HAVA goals and requirements.
One of the innovations in HAVA is the establishment, for the first time, of federal requirements for several aspects of election administration: voting systems, provisional ballots, voter information, voter registration, and identification for certain voters. Those requirements are now in effect. Many states have changed voting systems to meet them. Controversy has arisen over the reliability and security of electronic voting, leading many states to adopt requirements for paper ballots. The provisional ballot requirement was one of four that went into effect in 2004, and it was also somewhat controversial. There is also still some question about implementation of computerized statewide voter-registration lists in some states.
In addition to funding, issues for the 110th Congress include voter-verifiable paper audit trails and possibly photo identification, poll worker training, and prohibiting deceptive practices. Despite considerable effort by Congress to alleviate difficulties for military and overseas voters, there remain a number of hurdles to participation. Congress may consider several options for easing them. Other issues that might be considered are associated with voting systems standards, remote voting (absentee, early, and Internet), election personnel, polling places, election security, and the electoral college.
