THE NEY-DODD-HOYER-MCCONNELL HELP
AMERICA VOTE ACT OF 2002
(H.R. 3295)
SUMMARY OF ANTI-FRAUD PROVISIONS
I. DRIVER'S LICENSE REQUIREMENT FOR VOTER
REGISTRATION
Each individual who registers to vote must provide a
driver's license number or, if the individual does
not have a driver's license, the last four digits of
his or her Social Security Number (SSN). If an
individual lacks either number, the state will
assign a unique identifier. A state election
official then must match the data in the statewide
voter registration database with the information in
the state's motor vehicle database, which is
generally regarded as the state's most accurate and
up-to-date database.
The state motor vehicle authority and the Social
Security Administration (SSA) then are required to
enter into an agreement under which the SSA will
verify the accuracy of the voter registration
information provided by the state motor vehicle
authority. [NOTE: Under current federal law, every
applicant for a driver's license must provide his or
her SSN.]
II. VOTER IDENTIFICATION REQUIREMENTS
First-time voters who register by mail must provide
proof of identity at some point in the process: at
the time of registration, when they vote in person,
or when they vote by mail. Such voters must provide
a current and valid ID or a copy of a bank
statement, paycheck, utility bill, or other
government document that shows the name and address
of the voter.
III. STATEWIDE VOTER REGISTRATION DATABASE
States will be required to maintain voter
registration systems on a statewide level,
administered by a state official. The database must
be able to produce voter lists for every
jurisdiction in the state, and each voter must be
issued a unique voter identification number. The
statewide system will significantly enhance the
ability of states to keep clean lists, free of
duplicates and fraudulent voters.
IV. REGISTRATION CARDS
The mail-in registration cards mandated by Motor
Voter will now include check-off boxes regarding the
citizenship and age of the registrant. If the
registrant fails to check the citizenship box, he or
she will be notified of the omission and will be
given the opportunity to complete the form.
V. REQUIREMENT THAT STATES MAINTAIN ACCURATE VOTER
REGISTRATION RECORDS
Voters who have not responded to a notice and have
not voted in two or more consecutive general
elections for federal office shall be removed from
the voter lists. Along with the statewide voter
registration database, this provision will greatly
assist the states in clearing "dead wood" from their
voter records.
VI. PROVISIONAL VOTING
Voters who are challenged or who do not appear on a
registration list must be offered the opportunity to
cast a provisional ballot. Such voters must sign an
affidavit attesting that the voter believes he or
she is registered and eligible to vote in that
precinct under state law. If the affidavit is
verified, the ballot will be tabulated. However,
provisional ballots must be held separately, and no
such ballot shall be counted until the affidavit is
determined to establish the voter's eligibility.
VII. VOTERS WHO CAST BALLOTS AFTER THE POLL-CLOSING
TIME AS THE RESULT OF A COURT ORDER
If a federal or state court orders a poll to remain
open beyond the time provided by state law, votes
cast after poll-closing time must be cast
provisionally. Such provisional ballots must be
separated and held apart from other provisional
ballots.
VIII. CRIMINAL PENALTIES FOR VOTING FRAUD
The following acts will now be considered federal
crimes:
-Conspiracy to deprive voters of a fair election.
-Providing false information in registering and
voting. |