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Q:

To what elections does Title III of HAVA apply?

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Title III of HAVA applies only to elections for federal office. HAVA does not contain a definition of the term "election for federal office." However, Section 3 of the National Voter Registration Act of 1993, 42 U.S.C. 1973gg-1(1)&(2), defines "election" and "federal office" as those terms appear in the Federal Election Campaign Act of 1971 (2 U.S.C. 431(1) & (3)). Other definitions or descriptions of the scope of elections for federal office appear in the Uniformed and Overseas Citizens Absentee Voting Act of 1986, 42 U.S.C. 1973ff-1(a)(1) & 1973ff-6(3); the Voting Accessibility for the Elderly and Handicapped Act of 1984, 42 U.S.C. 1973ee-6(3); and the Civil Rights Act of 1960, 42 U.S.C. 1974. It is the Department's view that the requirements of Title III of HAVA were intended to apply in any general, special, primary, or runoff election for the office of President or Vice President, including presidential preference primaries, and any general, special, primary, or runoff election ... more
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