Does a State have to comply with Title III of HAVA if it does not seek or accept federal funding?
Unless a State is specifically excluded from one of HAVA’s requirements, each State must comply with Sections 301, 302, and 303 of Title III of HAVA as of the effective dates in those sections. This is true regardless of whether that State chooses to accept federal funding under Title I or Title II. If a person registers to vote by mail for the first time in a jurisdiction after January 1, 2003, is it possible they may have to produce identification when they vote for the first time in a federal election after January 1, 2004? For certain persons who register to vote by mail for the first time after January 1, 2003, Section 303(b) of HAVA establishes specific requirements. If the voter does not qualify for one of the exemptions in Section 303(b)(3) (see following question), then he or she must submit one of the forms of identification required by Section 303(b)(2)(A) the first time that he or she votes in a federal election after January 1, 2004. If the voter does not present the requi