The Help America Vote Act

The Help America Vote Act (HAVA) was passed by the U.S. Congress and signed into law in 2002. This federal law seeks to enhance voting accessibility and provide greater confidence in the election process. HAVA provided funding to states to replace outdated voting systems, implement statewide voter registration databases, and improve the administration of elections. Furthermore, HAVA established minimum election administration standards for state and local government and created the Election Assistance Commission (EAC) to provide guidance for meeting those standards. Learn more about how HAVA has changed the election process below.

Help America Vote Act of 2002

Election Assistance Commission

Help America Vote Act of 2002

Election Assistance Commission

HAVA requires that if for any reason an individual’s eligibility to vote is in question, he or she shall be permitted to cast a provisional ballot. For more information on provisional voting in West Virginia, visit our Provisional Voting page.

HAVA promotes the participation of military and overseas voters covered by the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) by establishing the following provisions:

• Designates a single state office to provide absentee voting information to military and overseas voters
• Requires that state and local election offices report to the EAC on absentee ballots sent and received after general elections
• Prohibits the refusal of voter registration forms and absentee ballot applications based on early submission

For more information on voting absentee while serving in the military or residing overseas, visit our Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) page.

• With HAVA funds, county officials were able to purchase new voting systems: the iVotronic, optical scan with automatic tabulators, and the AutoMark.
• In order to meet HAVA requirements, county officials deploy at least one voting booth accessible to individuals with disabilities to each precinct
• All electronic voting systems in West Virginia are federally certified. To learn more about the EAC’s testing and certification process visit the EAC's Voting System Testing and Certification page.
• To find which voting system your county uses and to learn more about the methods of voting in West Virginia visit our Voting Systems by County (need content) page.

In 2004 West Virginia implemented its HAVA compliant voter registration system, known today as SVRS. Voter registration information across the state is entered into this database at the county level. HAVA requires that state and local election officials maintain the list of voters in the database according to the provisions of the National Voter Registration Act of 1993.

Title III of HAVA states that an individual meets the identification requirements for voter registration if he or she presents one of the following documents to the appropriate election official that shows the current name and address of the voter as listed on the voter registration application:

• Valid photo identification
• Utility bill
• Bank statement
• Government check
• Paycheck
• Any other official government document

In addition, HAVA allows for voters who register by mail to include a copy of one of the above documents with their voter registration form in order to meet identification requirements. If they do not present a copy of identification with their form, they may present it at the polls the first time they vote.

HAVA provides for an administrative complaint procedure available to individuals who believe that they have been discriminated against or denied their right to vote. For more information on election complaint procedures and/or to download the Election Complaint Form

HAVA provides funds to counties to help ensure polling places are accessible to individuals with disabilities, and the Secretary of State’s Office is responsible for overseeing the grant process. Funds are used for improvements such as building ramps, paving parking areas, and widening doorways. Election administrators may visit our Polling Place Accessibility page (need content) for more information on the grant process and to download applications for HAVA ADA grants.​​