    [Public Papers of the Presidents of the United States: George W. Bush (2002, Book II)]
    [October 29, 2002]
    [Pages 1927-1928]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Statement on Signing the Help America Vote Act of 2002
    October 29, 2002

        Today I have signed into law H.R. 3295, the ``Help America Vote Act
    of 2002.'' This Act comports with the basic principles set forth in the
    final report of the bipartisan National Commission on Federal Election
    Reform, which I endorsed in July of 2001. Consequently, the Act
    appropriately respects the primacy of State and local governments in the
    administration of elections, while helping to ensure the integrity and
    efficiency of voting processes in Federal elections by providing Federal
    governmental support for that vital endeavor.

    [[Page 1928]]

        Section 203(a)(2) of the Act mandates that members of the
    congressional leadership submit to the President recommendations of
    persons to be appointed to the Election Assistance Commission--an
    entity, created by the Act, that will exercise significant governmental
    functions of an executive nature. The executive branch will not construe
    this provision as establishing the submission of congressional
    recommendations as a condition precedent to presidential nomination of
    persons for appointment to the Commission. Such a construction would
    impose impermissible constraints on presidential power under the
    Appointments Clause of the Constitution.
        Section 203(a)(4) purports to require the President to make
    appointments to the Commission no later than 120 days after enactment of
    the new law. As with the provision regarding recommendations for
    appointment, this deadline unduly circumscribes the presidential
    appointment power. Moreover, this deadline is practically impossible to
    satisfy given the time required for the pre-nomination personnel process
    and confirmation by the full Senate. For these reasons, the executive
    branch shall interpret this provision as advisory.
        Section 902(c) would authorize the Comptroller General, an officer
    of the legislative branch, to make determinations that would impose
    binding payment obligations upon entities outside that branch. Because
    this provision attempts to vest executive functions in the Comptroller
    General, it violates the constitutional principle of separation of
    powers.
        Finally, the executive branch shall implement section 101,
    concerning the provision of voting assistance, in a manner consistent
    with the equal protection requirements of the Due Process Clause of the
    Fifth Amendment to the Constitution.

                                                              George W. Bush

     The White House,

     October 29, 2002.

    Note: H.R. 3295, approved October 29, was assigned Public Law No. 107-
    252.