Section 245 of the Help America Vote
Act (HAVA) of 2002 (42 U.S.C. 15301) requires the U.S. Election
Assistance Commission (EAC) to conduct a study of issues and
challenges, including the potential for election fraud, that are
presented by the incorporation of communications and Internet
technologies in the Federal, State, and local electoral process. In
delineating nine possible research topics, Congress specifically
identified the need for further research in determining the
requirements for authorization, collection, storing, and processing
electronically generated messages permitting eligible voters to
apply for an absentee ballot. At the conclusion of the study, the
EAC is required to submit a report on the results of the study to
Congress.
The EAC is requesting an
emergency review of the information collection referenced below. In
compliance with the requirement of section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995, we have submitted to the Office of
Management and Budget (OMB) the following requirements for
emergency review. The EAC is requesting an emergency review because
the collection of this information is needed before the expiration
of the normal time limits under OMB's regulations at 5 CFR Part
1320(a)(2)(ii). The information collection at issue is necessary in
order to conduct a study of issues and challenges, specifically
including the potential for election fraud, that are presented by
the incorporation of communications and internet technologies in
the Federal, State, and local electoral process, as mandated by the
Help America Vote Act of 2002 (42 U.S.C. §15371). The EAC cannot
reasonably comply with the normal clearance procedures because
failure to implement this study in an expedited fashion is
reasonably likely to prevent or disrupt the collection; as stated
in 5 CFR 1320.13(a)(2)(i). Approval of this emergency collection is
essential in order to comply with Help America Vote Act of 2002 (42
U.S.C. §15371). Section 245 of the Help America Vote Act (HAVA)
requires the United States Election Assistance Commission (EAC) to
conduct a study of issues and challenges, specifically including
the potential for election fraud, that are presented by the
incorporation of communications and internet technologies in the
Federal, State, and local electoral process. In delineating nine
possible research topics, Congress specifically identified the need
for further research in determining the requirements for
authorization, collection, storing, and processing electronically
generated messages permitting eligible voters to apply for an
absentee ballot. In response to this HAVA requirement, the EAC is
developing a Survey of voters that are protected by the Uniformed
and Overseas Citizens Absentee Voting Act (UOCAVA). UOCAVA voters
are most likely to utilize communications and internet technologies
in the Federal, State and local electoral process. The upcoming
General Election of 2006 is the only Federal Election that will be
conducted until 2008. This is the only election that will include
Federal, State and local candidates and issues on one ballot until
2008, thus this election presents the only opportunity to collect
the necessary data to comply with the HAVA requirement within the
mandated time frame.
US Code:
42
USC 15301 Name of Law: Help America Vote Act of 2002
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.