The following updated instructions describe the process for receiving 2008 and 2009 requirements payments.  These instructions supersede the previously published 2008 instructions. EAC has $100 million for payments available to states for Fiscal Year (FY) 2009 in addition to the approximately $95 million remaining to be distributed from FY 2008 appropriations.

To do our part to get funds disbursed and used in a timely and efficient manner, EAC is allowing states to request FY 2008 and 2009 payments at the same time.

Prior to submitting your certification(s) for either (or both) the 2008 or 2009 requirements payments, you will need to determine: (1) whether your State plan reflects how the new requirements payments will be used and managed; and, (2) the amount of requirements payments you are requesting based on your available matching funds. 

State Plans   
If you have completed your certification for the 2008 requirements payments (16 States have done so), or have already completed the public comment period for your state plan revisions for the 2008 funds, you need to determine whether the infusion of 2009 funds will cause a material change to your plan. If the answer is affirmative, you will need to take appropriate steps to update your plan. If there is no material change from 2008 to 2009, please send a certification, as described below, so that we can disburse your 2009 funds. States that request both 2008 and 2009 funds will likewise need to review their State plan to see if the new funds will result in a material change to their plans. EAC staff will need to review and concur with your materiality determination regarding the State plan.

To determine whether your State plan needs to be amended, please review section 254 of HAVA; making sure your plan describes:

• How the State will use the requirements payments to meet the requirements of Title III and/or to improve the administration of elections for Federal office.
• 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 authorized activities.
• How the State will continue to meet its maintenance of effort requirements. 
• How the State will adopt performance goals and measures that will be used by the State and units of local government in carrying out the plan.

Once you have completed public notice requirements in Section 256 of HAVA, you should submit the amended portions of your State plan to EAC for publication in the Federal Register.

State Match
The initial amount of funds we disburse to your State will depend upon the amount of matching funds you have deposited into your election fund. The attached chart shows the total amount of matching funds you need for 2008 and 2009. Please note that EAC is willing to distribute funds on a rolling basis as matching funds become available, so you may initially certify for an amount less than the full matching requirement. For example, for every $1,000 placed in the election fund as a State match, the EAC will disperse $19,000, up to your State’s allocation level.

Certification Submission
To receive a requirements payment, you must certify to EAC that your State has:

• Filed and implemented a plan for uniform, nondiscriminatory administrative complaint procedures required by HAVA Section 402.
• Appropriated matching funds equal to five percent of the total amount (State share plus Federal share) of your HAVA requirements payment budget.
• Complied with the six laws listed in Section 906 of HAVA.
• Filed a State plan that complies with the requirements listed in Sections 254, 255, and 256 of HAVA.
• Agreed to provide EAC with appropriate certifications under Section 251 (b)(2) when it wishes to use requirements payments for activities other than meeting the requirements of HAVA Title III.

The chief executive officer of your State, or a designee, must certify that the State is in compliance with the conditions in section 253(b) of HAVA. If you need to make a material change to your State plan at this time, you should file your certification after the expiration of the 30-day period that begins when an updated State plan is published in the Federal Register by the EAC. 

You shall use the following language (from Section 253(a) of HAVA) for your certification:

“        (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.”

States should submit amended State plans and certifications to:

United States Election Assistance Commission
1225 New York Avenue, N.W. Suite 1100
Washington, D.C. 20005

States may also submit the documents electronically, in MS Word, to havafunding@eac.gov.

Once EAC has reviewed and accepted your certification, we will send you a Notice of Grant Award (NGA) (Sample attached) along with a bank account information form that will need to be returned to the EAC. The NGA replaces last year’s acknowledgement form and will specify any remaining actions, such as depositing matching funds or submitting late Financial Status Reports, that your State will need to do in order for EAC to disburse funds to your State.

Special Note on Disbursement Deadlines
Congress appropriated the FY 2008 requirements payments as ‘one-year funds’, which means that the appropriation is available for disbursement by EAC for only five years (until FY 2013) after which time it expires and must be returned to the U.S. Treasury. For States, this means that you must apply for your full allotment of FY 2008 requirements payments before September 30, 2013. Once the funds are in your election account they will remain there until expended. The FY 2009 funds are “multi-year” funds and, therefore, are not subject to the five-year limitation.

Conference Call
Please join us for a conference call to discuss 2008 and 2009 requirement payments in greater detail and answer any questions you may have. The call will take place on Thursday, June 18, 2009 from 1:30 p.m. to 2:30 p.m., EST. Send an e-mail to havafunding@eac.gov if you would like to join the call.