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Instructions for Applying for 2008 Requirements Payments

Condition for Receipt of Funds [Section 253(b)]
 
In order to receive a requirements payment for FY 2008, HAVA Section 253(b) requires that a State certify to the U.S. Election Assistance Commission (EAC or Commission) that it has met the requirements of Section 253(b), as described below:
 
  1. The State has amended at least the following elements of its state plan, according to Section 254, to account for the use of additional requirements payments: 
  • How the State will use the requirements payment to meet the requirements of Title III or to carry out other activities to improve the administration of Federal elections, if the State has filed an appropriate certification under Section 251(b)(2). Pursuant to Section 301(a)(3)(C), if a State utilizes its FY 2008 requirements payment to purchase voting systems, the voting system must meet the voting system standards for disability access contained in Section 301(a)(3). 
  • How the State will distribute and monitor the distribution of the requirements payment to units of local government or other entities in the State for carrying out the activities described in the first section. The State must specify
      • The criteria to be used to determine the eligibility of possible recipients, and
      • How the State will monitor the performance of grant recipients consistent with performance goals adopted in the State plan.
  • How the State will provide voter education, election official education, and poll worker training programs to assist the State in meeting the requirements of Title III. 
  • The State’s proposed budget for new activities being described in the plan, including specific information on: 
      • The costs of activities being carried out to meet the requirements of Title III;
      • The portion of the requirements payment being used to carry out those activities;
      • The portion of the requirements payment being used to carry out other activities. 
  • How the State will continue to meet its Maintenance of Effort (MOE) requirement. Please see EAC Advisory 2007-003A for information regarding how to document MOE. The State should include a specific MOE amount.
  • How the State will adopt performance goals and measures that will be used by the State and units of local government in the State in carrying out the plan, including timetables for meeting each of the elements of the plan, descriptions of the criteria the State will use to measure performance and the process used to develop such criteria, and a description of which official is to be held responsible for ensuring that each performance goal is met.
  • A description of how Title I funds affect the new activities proposed to be carried out under the plan, including the amount of Title I funds available for such activities.
  • How the State will conduct ongoing management of the plan.
  • A description of how the amended State plan reflects changes from the previous State plan and how the State succeeded in carrying out the previous State plan. 
  • A description of the committee which participated in the development of the State plan update in accordance with Section 255 and the procedures followed by the committee under Sections 255 and 256. 

2.   The State has followed the 30-day public notice and comment requirements of section 256.

3.   The State has 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 has such procedures in place. 

4.    The State is in compliance with each of the following federal laws as they apply to the Act:
  • 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.
     
5.    The State has provided that, to the extent that any portion of the Title II requirements payment is used for activities other than meeting the requirements of Title III:
  • 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); and
 
6. The State has 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 251(c)(2), an additional amount equal to the amount of such reimbursement.  For purposes of declaring sufficient funds are available for the State to carry out activities to meet Title III requirements, if the requirements payment is to be used as a reimbursement for voting equipment obtained on and after January 1, 2004 through multi-year contracts, the activity is not treated as an activity to meet Title III requirements.
 
Should the Commission have any concerns that a particular State, which has submitted a certification statement to the EAC, has not met one of the required conditions, the EAC will immediately contact that particular State and/or communicate its concern in writing.
 
Timing for Filing a Statement of Certification [Section 253(a) and (d)]
 
To receive the funds made available this fiscal year, HAVA requires the chief executive officer of the State, or designee, in consultation with the chief State election official, to file with the EAC a statement certifying that the State is in compliance with the conditions set forth in section 253(b). For the purpose of the requirements payments, 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. This statement may not be filed until after the expiration of a 30-day period that begins when an updated State plan is published in the Federal Register by the Commission. 
 
Language for Statement of Certification [Section 253(a)]
 
Recommended language for the certification statement, contained in Section 253(a), is as follows:
 
“        (State)        hereby certifies that it is in compliance with the requirements referred to in section 253(b) of the Help America Vote Act of 2002.”
 
Additional Information
 
For additional information about FY 2008 requirements payments, please contact:
Mr. Edgardo Cortés
Acting Director, Division of Election Administration Support
1225 New York Ave., NW, Suite 1100
Washington, DC 20005
866-747-1471 (toll free) or 202-566-3100