[Weekly Compilation of Presidential Documents Volume 38, Number 44 (Monday, November 4, 2002)]
[Page 1888]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
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.
    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.