Help America Vote Act (HAVA)
Help America Vote Act (HAVA) Complaint Form and Procedures
What is a HAVA Complaint?
Under the Help America Vote Act (HAVA) of 2002, 52 U.S.C. § 21112, voters are entitled to certain rights and protections when voting in the United States. Among them, voters have the right to receive instructions for how to vote their ballot, verify that their ballot was counted as cast, make changes or corrections to their ballot before it is cast, and vote using accessible voting machines. A HAVA complaint may be filed if a violation has occurred, is occurring, or is about to occur.
What are examples of a valid HAVA Complaint?
- A voter is not permitted to vote a provisional ballot.
- A voter must be provided the opportunity to vote a provisional ballot even when the voter does not appear on a signature roster, is in an inactive status, has changed their name, moved within the same county, moved out-of-precinct, or received but did not return a ballot-by-mail. The provisional ballot will only be counted if the voter is properly registered to vote in the respective election.
- However, the voter may be required to provide identification to poll workers, or sign that they are eligible to vote in a particular jurisdiction. If the voter moved and did not update their registration, then poll workers should offer the provisional ballot but should also instruct the voter to travel to the correct polling location for the new address to have their ballot counted (if at a precinct-based polling location).
- A polling location does not provide an accessible voting system.
- All polling locations must have an accessible voting system that ensures voters with disabilities can cast their vote privately and independently. Voters with disabilities may request assistance from workers at the polling place who have been trained to use the accessible voting machine or may bring someone to help them vote.
How do I file a HAVA Complaint?
Access the Election Administrative Complaint Form and type or print all information on the form. You may also indicate if you wish the Office of Administrative Hearings to conduct a hearing on the record. The form must be notarized and returned within sixty days from the date of the alleged violation. Completed forms should be mailed to: Election Services Division, 1700 W. Washington, 7th Fl., Phoenix, Arizona 85007.
I still have questions, who can I contact?
For more information, call toll-free (in-state): 1-877-THE VOTE (1-877-843-8683); or 602-542-8683. TDD # 602-255-8683.
HAVA Hotline on Election Day
The Arizona Center for Disability Law will run a hotline to address any election concerns for persons with disabilities. The ACDL also will file Help America Vote Act (HAVA) complaints.
Call: 602-274-6287 or 1-800-927-2260
7:00 AM – 7:00 PM on Election Day