Uses and Use Restrictions
HAVA Section 251(b) provides that these funds are to be used only to meet the requirements of HAVA Title III, except that States may use the payments to carry out other activities to improve the administration of elections for Federal office if the State certifies to EAC that: (1) the State has implemented the requirements of Title III; or (2) the amount to be expended with respect to such other activities does not exceed an amount equal to the minimum requirements payment amount applicable to the State.
Section 251(c) also explains that a State may use a requirements payment: (1) as a reimbursement for costs incurred in obtaining voting equipment which meets the requirements of section 301 (voting systems standards) if the State obtains the equipment after the regularly scheduled general election for Federal office held in November 2000, not withstanding the Act's maintenance of effort requirements; and (2) for any costs for voting equipment which meets the requirements of section 301 that were incurred pursuant to a multi-year contract on or after January 1, 2001, except that the amount that the State is otherwise required to contribute under the maintenance of effort requirements must be increased by the amount of the payment made with respect to such multiyear contract.
Funds are available until expended.
Section 253(d) provides that States may not file a statement of certification to receive a requirements payments until the expiration of a 45-day period (or, in the case of a fiscal year other than the first fiscal year for which a requirements payment is made to the State, a 30-day period) that begins on the date the EAC publishes the State plan in the Federal Register.
State, or designee, in consultation with the chief State election official, to file with EAC a statement certifying that the State is in compliance with the conditions set forth in Section 253(b).
The State may meet this certification requirement by filing the following statement: hereby certifies that it is in compliance with the requirements referred to in To receive funds for a fiscal year, HAVA Section 253 requires the chief executive officer of the State, or designee, in consultation with the chief State election official, to file with EAC a statement certifying that the State is in compliance with the conditions set forth in Section 253(b).
For the purpose of this requirement, the chief State election official is the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (42 U.S.C.
1973gg-8) to be responsible for coordination of the States responsibilities under such Act.
Section 253(b) requires the State to: have filed with EAC a State plan covering the fiscal year that the State certifies: contained each of the elements required to be in the State plan, according to HAVA Section 254, including how the State will establish a State Election Fund in accordance with Section 254(b); was developed in accordance with Section 255, which describes the process of using a committee of appropriate individuals, including the chief election officials of the two most populous jurisdictions, other local election officials, stake holders (including representatives of groups of individuals with disabilities), and other citizens to develop the plan; and met the 30-day public notice and comment requirements of Section 256.
have filed with the EAC a plan for the implementation of the uniform, non-discriminatory administrative complaint procedures required under Section 402 (or has included such a plan in the State plan), and have such procedures in place.
If the State did not include such an implementation plan in the State plan, the Federal Register publication and the committee development requirements of Sections 255(b) and 256 apply to the implementation plan in the same manner as they apply to the State plan.
be in compliance with each of the following federal laws: The Voting Rights Act of 1965; The Voting Accessibility for the Elderly and Handicapped Act; The Uniformed and Overseas Citizens Absentee Voting Act; The National Voter Registration Act of 1993; The Americans with Disabilities Act of 1990; and The Rehabilitation Act of 1973.
to the extent that any portion of the requirements payment is used for activities other than meeting the requirements of title III, have provided that: the State's proposed uses of the requirements payment are not inconsistent with the requirements of title III; and the use of the funds under this paragraph is consistent with the requirements of Section 251(b); have appropriated funds for carrying out the activities for which the requirements payment is made in an amount equal to 5 percent of the total amount to be spent for such activities (taking into account the requirements payment and the amount spent by the State) and, in the case of a State that uses a requirements payment as a reimbursement for voting equipment under Section 251(c)(2), an additional amount equal to the amount of such reimbursement.
Fifty States, the District of Columbia, American Samoa, Guam, Puerto Rico, and the U.S. Virgin Islands.
Qualifying jurisdictions must follow the procedures set forth in the Help America Vote Act, 42 U.S.C. 15401 et. seq., entitled Requirements Payments.
Aplication and Award Process
This program is excluded from coverage under E.O.
HAVA Section 253 requires the chief executive officer of the section 253(b) of the Help America Vote Act of 2002. (with the blank to be filled in with the name of the State involved). In addition, the General Services Administration (GSA), which disburses the Title II requirements payments to States on behalf of EAC, requests that a representative from each State contact Sharon Pugh (Sharon.Pugh@GSA.gov) or Brad Farris (Brad.Farris@GSA.gov) on (816) 823-3108 to provide information on State contact points, including name, telephone number, address and email address. GSA then contacts the State representatives to obtain banking information required for an Electronic Funds Transfer (EFT).
Based upon the certification statement filed by the State, EAC notifies GSA that a State is due receipt of its Title II payment for a particular fiscal year (i.e., either FY 2003 funds, FY 2004 funds, or both). GSA disburses the Title II funds for a particular fiscal year to the account specified by the State, and notifies the State and EAC of the disbursement in writing, specifying the amounts disbursed by fiscal year. EAC provides separate notification to States specifying the amount to be disbursed by GSA. All funds are disbursed via EFT.
Help America Vote Act of 2002 (HAVA), Title II, Subtitle D, Part 1, Sections 251-258, Public Law 107-252, 42 U.S.C. 15401-15408.
Range of Approval/Disapproval Time
Formula and Matching Requirements
GSA, on the behalf of EAC, calculates the amount of funding that each State receives under the guidelines specified in HAVA Section 252 and provisions in related Federal appropriations legislation. The sum of the funds allocated as a result of these steps is equal to the total amount appropriated for the fiscal year, less any federal rescission ($830 million in FY03; $1,489,360,620 in FY04; est. $0 in FY05). Section 253(b)(5) requires the State to have appropriated funds for carrying out the activities for which the requirements payment is made in an amount equal to 5 percent of the total amount to be spent for such activities (taking into account the requirements payment and the amount spent by the State) and, in the case of a State that uses a requirements payment as a reimbursement for voting equipment under Section 251(c)(2), an additional amount equal to the amount of such reimbursement.
Length and Time Phasing of Assistance
Post Assistance Requirements
HAVA Section 258 requires States receiving these funds to submit a report to EAC on the activities conducted with the funds provided during the Federal fiscal year, which runs from October 1 through September 30 of each year.
This report must include: (1) a list of expenditures made with respect to each category of activities described for the use of funds; (2) the number and type of articles of voting equipment obtained with the funds; and (3) an analysis and description of the activities funded to meet HAVA requirements and how such activities conform to the submitted State plan.
This report is due no later than six months after the end of each fiscal year.
States should submit Standard Form 269 as part of this report.
This form may be found at http://www.whitehouse.gov/omb/grants/grants_forms.html.
HAVA Title IX, Section 902, authorizes EAC to audit or examine books, documents, papers and records of any recipient that are deemed pertinent to the payment; stipulates that the provision applies to all recipients of payments under the Act; requires that all funds provided under the Act are subject to mandatory audit by the Comptroller General at least once during the lifetime of the program, with the same access to records as EAC; and requires that, if the Comptroller General determines that an excess payment has been made or the recipient is not in compliance, the recipient must pay the office that made the payment an amount that reflects the excess payment or the proportion representing noncompliance.
HAVA Title IX, Section 902, requires recipients of payments under the Act to keep records consistent with sound accounting principles to facilitate an effective audit and stipulates that the provision applies to all recipients of payments under the Act.
FY 07 est not reported; FY 08 est not reported; and FY 09 est not reported.
Range and Average of Financial Assistance
Regulations, Guidelines, and Literature
Part 1 of Subtitle D of Title II (Sections 251-258) and Title III of Public Law 107-252, the Help America Vote Act of 2002, Sections 301-305, and Sections 902 and 906. EAC has determined that the following Office of Management and Budget guidelines apply: A-87 - Cost Principles for State, Local and Indian Tribal Governments (Cost Principles); A-102 - Grants and Cooperative Agreements with State and Local Governments (Administrative Requirements); Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (Common Rule, Administrative Requirements, 53 FR 8087, March 11, 1988); and A-133 Audits of States, Local Governments, and Non-Profit Organizations (Single Audits, Audit Requirements). These guidelines may be found at http://www.whitehouse.gov/omb/circulars/index.html.
Regional or Local Office
Election Assistance Commission, 1225 New York Avenue, N.W., Suite 1100, Washington, DC 20005, Telephone: (1-866) 747-1471 (toll free) or (202) 566- 3100.
Criteria for Selecting Proposals