Passed by the United States Congress and signed into law by President Bush on October 29, 2002, the Help America Vote Act of 2002 (HAVA) embodies the most sweeping overhaul of elections laws since the Voting Rights Act of 1965. Pursuant to its provisions, every state must examine the way it promotes democracy and implement fundamental changes to the electoral process.

Some of the changes under the new HAVA requirements will affect the way you register to vote, the way you cast ballots and the way you exercise your power as citizens.

The most visible changes to the election process for voters include:

New Voting Equipment

HAVA required county elections officials to buy and deploy new voting systems designed to improve the process and enable almost every voter to vote independently and confidentially. Voters should now be able to review their ballot to verify their choices and to look for “errors” – ballot contests where a person “overvoted” (accidentally voted both “yes” and “no” on a ballot measure, for example) or ballot races where a person “undervoted” (accidentally skipped a race where they could vote for a candidate, for example). Voters with disabilities will also be provided with voting equipment that lets them vote independently and confidentially in most instances (by having a blind voter “hear” the ballot through audio recording, instead of asking for assistance in marking a ballot, for example).

Provisional Voting Rights

Every person who shows up at a polling place on Election Day is entitled to a provisional ballot, even if there is a question about whether they are a registered voter. Every person who votes a provisional ballot is provided free access to a system that maintains the confidentiality of the voter, while at the same time letting the person know if his or her ballot was counted, and, if it was not, why it was not counted.

New Voter Registration Rules

Voter registration rules have also been changed by HAVA. Every person who registers or re-registers to vote after January 1, 2006, is now required to include on their voter registration affidavit their California driver’s license number, if they have a current and valid driver’s license, or their California identification card number, if they have one, or, if they have neither a driver’s license nor a California ID, the last four digits of their Social Security number, if they have a Social Security card. If a person does not possess a driver’s license, state-issued identification card or a Social Security card, he or she will still become a registered voter. But, if they do have this information, they must provide it. Any person voting for the first time who registers by mail who does not provide this information will be asked to show a form of identification when he or she goes to the polls, or to provide a copy of that identification with his or her vote-by-mail ballot. There are 30 forms of identification that can be used for this purpose under HAVA, including a government issued check or a utility bill that includes the person’s name and address.

Help for Military and Overseas Voters

The Secretary of State’s Office and local elections officials are now coordinating their efforts to make sure that military and overseas voters have a central point of contact for information on voting. Overseas voters may obtain instructions and forms for voter registration, the Federal Post Card and Absentee Ballot Request form and the Standard Oath required for overseas voting at http://www.sos.ca.gov/elections/elections_mov.htm. The addresses, website links, and fax numbers for county elections officials are also available at http://www.sos.ca.gov/elections/elections_d.htm. California has a user-friendly ballot for use by military and overseas voters. This new ballot allows voters to write in the name of the candidate and office for which they are voting, thus reducing the time required for customized mailing of ballots by party and district to overseas voters. Voters will receive a list of statewide propositions and local measures, as well as a complete list of candidates in all parties for federal, state and local offices, along with instructions as to which primary candidates they are eligible to vote for in compliance with the party affiliation declared on his/her voter registration form. Forms and ballots may be returned to the appropriate county elections officials by mail or by fax (in the event mail service in the area is slow or undependable).

New Ways to Improve the Process

Finally, among HAVA’s most important contributions to the electoral process is the ability of voters to voice concerns and complaints by creating a formal mechanism to let elections officials hear those concerns and endeavor to resolve them.

For more information about how you can voice your concerns, please go to www.sos.ca.gov/elections/elections_fraud.htm.