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107-28
November 7,
2002
President Signs H.R. 3295, "Help America Vote Act of 2002"
On October 29, the President signed into law H.R. 3295 (P.L. 107-252),
the "Help America Vote Act of 2002." The bill, as approved, includes
provisions concerning the use of Social Security numbers for voter
registration, election administration, and computerized voter registration
lists. See the provisions of interest described below.
Section 201
- Establishes as an independent entity the Election Assistance
Commission (the Commission). This Commission would serve as a national
clearinghouse and resource for compiling and reviewing information with
respect to the administration of Federal elections.
Section 244
- Requires the Commission to submit the following reports to the
President and Congress:
- A report that examines the impact of section 303(b) (which would
establish requirements for voters who register by mail) on voters who
vote in person, voter registration, and accuracy of voter registration
rolls.
- A report prepared in consultation with the Commissioner of Social
Security that discusses the feasibility and advisability of using
Social Security numbers or other information compiled by SSA to
establish voter registration or other election law eligibility or
identification requirements. The report would include data on matching
information to an individual voter, the impact of such use on national
security issues, and whether adequate safeguards exist to protect the
privacy of an individual voter.
- These reports are due no later than July 1, 2005.
Section 303
Requires each State to develop and implement a computerized Statewide
voter registration list. The list is to contain the name and registration
information of every legally registered voter in the State. The State
would assign a unique identifier to each legally registered voter. In
addition, the section:
- Requires applicants for voter registration for an election for
Federal office to provide his/her driver's license number, if one has
been issued, or, if none has been, the last 4 digits of his/her Social
Security number. If the applicant does not have a valid driver's license
or SSN, the State will assign a number, which will identify the
applicant for voter registration purposes.
- Requires the official responsible for the State Motor Vehicle
Authority to enter into agreements with the Commissioner of Social
Security to verify, upon request from the official responsible for the
State Motor Vehicle Authority, that information submitted by the voter
registrant matches the information contained in SSA's records. The
information to be verified is:
- The first name, and any family forename or surname;
- The date of birth;
- The Social Security number; and
- Whether the individual is shown in SSA's records as being
deceased.
- Provides that verification agreements include safeguards to insure
the confidentiality of any information disclosed as well as procedures
to permit the State drivers' license agency to use the information to
maintain its records, and that the Commissioner will determine how,
where, and when the information requested by the State agency is
provided.
- Requires SSA to develop methods to verify the accuracy of
information provided by the State drivers' license agency with respect
to applications for voter registration, for whom the last 4 digits of a
Social Security number are provided in lieu of a driver's license
number.
- Allows the Commissioner to not provide the match information to the
State drivers' license agency if there are exceptional circumstances
warranting an exception (such as the safety of an individual or
interference with an investigation).
- Requires information provided to be considered strictly confidential
and used only for the purposes set out in the agreement, and establishes
penalties for current or former State employees who otherwise disclose
such information without the written authority of the Commissioner.
- Makes the provisions of section 303 optional for certain States
that, in accordance with the Privacy Act, are currently allowed to use
Social Security numbers and provide for the use of SSNs on voter
registration applications.
- Specifies that the last 4 digits of a Social Security number, as
described in this legislation, are not considered to be a Social
Security number for the purposes of section 7 of the Privacy Act of
1974.
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