My unconfirmed memory is that there *were* very significant VRA loopholes
in earlier versions of the bill prior to passage (including, I think, from
the safe harbor provision for state provision of compliance information to
the Commission). But (without re-reading the bills and statute now), I
thought that the loophole was probably closed; certainly there was an
intent by some to close it. 
 
>From the enacted Help America Vote Act, see sec. 906 (a) and (b) "No effect
on other laws." (a) "Nothing in this Act may be construed to authorize or
require conduct prohibited under any of the following laws [including the
VRA], or to supersede, restrict, or limit the application of such laws." 
(b) "NO EFFECT ON PRECLEARANCE OR OTHER REQUIREMENTS UNDER VOTING RIGHTS
ACT"

[Original Message]
From: Steven Mulroy <sjmulr@wm.edu>
To: <election-law@majordomo.lls.edu>
Date: 11/17/2003 11:52:42 AM
Subject: HAVA & the Voting Rights Act

Is anyone aware of an issue, involving the recent federal legislation 
giving grants to states to upgrade their voting machine systems, that the 
Senate version somehow created a loophole that would allow less

compliance 

with the Voting RIghts Act?  If such a provision exists, did it end up in 
the final bill?