Generally, the enforcement/monitoring function under HAVA is vested
exclusively in the Department of Justice. As Jeff Wice has already
noted, New York State is the target of an enforcement action, with
several other states on notice that they too may be sued in the
foreseeable future.

At this point, many of the "deadline" questions are on hold because
there is an unofficial policy of not enforcing HAVA until the first
federal primary in a state. States like New York are an exception
because of their general lack of overall compliance to date.

The Election Assistance Commission will also be involved in this
process, but lacks regulatory or enforcement authority of its own. I
liken the EAC-DOJ relationship to that of parents ... The EAC is
generally responsible for the "please do this" and DOJ is responsible
for the "or else".

Doug Chapin
Electionline.org

-----Original Message-----
From: owner-election-law_gl@majordomo.lls.edu
[mailto:owner-election-law_gl@majordomo.lls.edu] On Behalf Of David
Schultz
Sent: Wednesday, April 05, 2006 2:53 PM
To: election-law@majordomo.lls.edu
Subject: HAVA compliance question

Someone sent me the question about HAVA below.  Can anyone offer  an
answer?  Thanks.

Thank you for responding to my question.  I was under the impression
that some states are still not HAVA compliant.  If so, has there been
any

discussion about bringing in the feds to monitor these states as the try
to become compliant?  Have there been discussions about the feds
monitoring elections?  Have there been discussions about remedies?

These questions are about HAVA compliance in general.  Thank you.

David Schultz, Professor
Hamline University
Graduate School of  Management
MS-A1740
1536 Hewitt Avenue
St. Paul, Minnesota 55104
651.523.2858 (voice)
651.523.3098 (fax)
http://davidschultz.efoliomn2.com