Funding Advisory Opinion & Request
Click on the FAO or AOR for more information on the requestor, requests (scope of questions) and the results (advisory and guidance). Pending FAO's are requests that have yet to be decided and approved. AOR's are numbered by the year (e.g., 10 is 2010) and order (e.g., first request is 001) in which they are received. All comment periods are for 10 days unless noted otherwise.
FAO Pending
AOR-10-007 - State of New Hampshire
Question:
The State of New Hampshire seeks retroactive approval for the capital improvement project for the construction of a HAVA facility built with Title I HAVA funds.
At the beginning of HAVA funding in 2003, prior to the establishment of the Election Assistance Commission, the New Hampshire legislature approved a two-year capital budget which included $1 million from HAVA funds to create a HAVA facility and another $1.55 million in state funds as part of a capital improvement to the Department of State’s Records and Archives building. Another state appropriation in 2005 increased the state funding by $1.15 million bringing the total including the HAVA $1 million to $3,699,330. Such approval would not represent an approval and acceptance of the $1 million in costs incurred which may still be subject to further review or audit of documented expenses and allocation.
Comment period closes October 7, 2010.
FAO Pending
AOR-10-006 - Walla Walla County, Washington
Question:
May Walla Walla County use $87,772 of Section 251 funds to pay for improvements to its Election Center?
Improvements include installing new lighting to ensure proper ballot inspection, secure storage rooms with card assigned access and video monitoring to allow for restricted and documented authorized personnel only, new electrical wiring for a climate control system to assure accurate tabulation, and an electrical handicap accessible door.
Comment period closes October 1, 2010.
FAO Pending
AOR-10-005 - State of Alaska
Question:
May HAVA Section 251 funds be used to purchase an automated mail ballot processing system to accommodate the growing volume of mail ballots within required timeframes? This would help to assure that military and overseas voters’ outgoing ballots are processed in the most expeditious manner.
Comment period closes April 17, 2010.
FAO Pending
AOR-10-004 - State of Montana
Question:
May Dawson County use $3,250 of HAVA Section 101 funds to construct a concrete accessibility ramp, install handrails, and improve surface from existing accessible parking pad?
Comment period closes March 28, 2010
FAO-10-003
Read FAO-10-003
AOR-10-003 - Tioga County, New York
Question:
May Tioga County Board of Elections in New York use HAVA Section 251 funds to purchase a van for use in voter education and inspector training of optical scan voting systems and accessible ballot marking devices.
Comment period closes January 14, 2010.
FAO-10-002
Read FAO-10-002
AOR-10-002 - State of Tennessee
Question:
May Tennessee use Section 251 Requirements Payments to purchase paper ballots for Federal Elections?
Comment period closes December 17, 2009.
FAO-10-001
Read FAO-10-001
AOR-10-001 - State of Oregon
Question:
May the State of Oregon use HAVA Section 251 funds to purchase and install closed circuit surveillance cameras in thirty-six county election offices throughout the state? Oregon is a Vote-by-Mail state and vote tabulation is done using central count optical and digital scanning devices located within the county election offices. Using a Request for Information process we estimate that the total cost for purchase and installation of closed circuit surveillance cameras in thirty-six county election offices should not exceed $162,000 or an average of $4,500 per county.
Comment period closes December 3, 2009.
FAO-09-015
Read FAO-09-015
AOR-09-016 - State of Alaska, Division of Elections
Question:
The State of Alaska, Division of Elections, requests approval to modify existing office space to construct a secure storage room at its Headquarters location in Juneau, Alaska. See the Alaska request.
Comment period closes October 29, 2009.
FAO-09-009
Read FAO-09-009
AOR-09-015 - Washington Office of the Secretary of State on behalf Whitman County, Washington
Question:
May Whitman County use $360,000 of Help America Vote Act (HAVA) funds to finance a portion of the costs to remodel office space to be used as an elections and voter registration processing center? The total estimated cost of the project is $1,067,007.
The existing space is owned by Whitman County and will be used to "prepare and receive ballots, secure both ballots and envelopes during processing, to tabulate ballots, and provide long-term storage for them, while allowing political party observation as required by State Law . . ." The space will also be used as an ADA [Americans with Disabilities Act] accessible voter registration center, and a ballot drop off point and ADA accessible voting center, complete with the HAVA required Accessible Voting Units . . ."
Total estimated costs include costs for remodeling about 2,000 square feet of interior space; rehabilitating an exterior wall, building a new roof; and purchasing furniture, equipment, and fixtures. According to the request, "Commercial space to lease or purchase in this area is not available or located to far away to improve the elections process.
Comment period closes July 1, 2009.
FAO Pending
AOR-09-014 - Pennsylvania Department of State on behalf of Clearfield County
Question:
May Clearfield County use $1,500 of Section 251 Help America Vote Act funds (pursuant to Section 251(b)(2)(B)) to pay for costs incurred by the Union Township Civilian Defense Fire Company to alter building doorways and floor to improve access for the handicapped?
The County has a 10-year lease with the Fire Company to use the building as the Union Township polling location.
Comment period closes May 11, 2009.
FAO-09-008
Read FAO-09-008
AOR-09-013 - California Secretary of State on behalf of Stanislaus County
Question:
May Help America Vote Act Section 251 funds (pursuant to Section 251(b)(2)(B)) be used to pay for improvements to a warehouse that is used to store voting equipment?
Stanislaus County currently ". . . maintains and conducts Logic and Accuracy testing on 500 pieces of election equipment, including 250 Model-100 machines and 250 Auto Mark machines" stored in its election equipment warehouse.
The improvements consist of insulating the ceiling and inside walls and installing a "whole house style fan." The alterations will keep the summer temperature in the warehouse below 100 degrees which would meet the manufacturer’s storage temperature recommendations of 50 to 100 degrees.
Comment period closes May 11, 2009.
FAO-09-007
Read FAO-09-007
AOR-09-012 - Sacramento County, California
Question:
May Help America Vote Act Section 251 funds (not pursuant to Section 251(b)(2)) be used to pay for a voting system preventative maintenance technician training program for Voter Registration and Election Departmental staff?
Sacramento County has reached agreement with Election System and Software (ESS) for Departmental staff to be trained by ESS to perform annual preventative maintenance on ESS optical scan voting equipment. There is an initial cost for the training and an annual renewal cost for staff to maintain their qualified technician status. The County estimates that this effort will reduce annual maintenance costs by 50 percent.
The County notes that this request would clarify EAC’s FAO-08-08 which authorizes the use of Section 251 funds for the maintenance of HAVA-compliant equipment.
Comment period closes April 18, 2009.
FAO-09-006
Read FAO-09-006
AOR-09-011 - Sacramento County, California
Question:
May Help America Vote Act (HAVA) Section 251 funds (not pursuant to Section 251(b)(2)) be used to pay for on-going voter education activities regardless of State certification for paper ballot systems?
The County is asking the question in light of EAC’s advisory FAO-08-011. FAO-08-011 says that voter education may be funded with Section 251 funds, regardless of a certification under Section 251(b)(2) in three instances:
1) Pursuant to HAVA Section 301(a)(1)(B), States using a paper ballot voting system or central count voting system (including mail-in absentee ballots and mail-in ballots) may establish a voter education program. This voter education program must be specific to the voting system used in the jurisdiction, notifies voters of the effect of over-voting, and provides instructions to voters on how to correct a ballot before it is cast and counted (including obtaining a replacement ballot).
2) States must post voter information at each polling place on Election Day pursuant to HAVA Section 302(b). Voter information, as defined by HAVA Section 302(b)(2), means a sample ballot, the date of the election and the hours which polling places will be open, instructions on how to vote, instructions for mail-in registrants and first-time voters under Section 303(b), general information on voting rights under applicable Federal and State laws, and general information on Federal and State laws regarding prohibitions on acts of fraud and misrepresentation.
3) States may conduct an educational program for poll workers and voters when they implement a new voting system that complies with the requirements of Title III of HAVA. However, this is a one-time training expenditure and does not include expenses to train poll workers prior to each election for state, local and/or federal office.
Sacramento County is requesting clarification on this advisory to ensure that Section 251 funds, not pursuant to Section 251(b), may be used to establish and perform on-going voter education activities for jurisdictions using a paper ballot voting system.
Comment period closes April 18, 2009.
FAO Pending
AOR-09-010 - Sacramento County, California
Question:
May Help America Vote Act (HAVA) Section 251 funds (not pursuant to Section 251(b)(2)) be used to purchase vote-by-mail (absentee) envelope processing equipment?
The County is asking the question in light of EAC’s Frequently Asked Questions (FAQ) Regarding Appropriate Uses of HAVA Funds. In particular, the answer to FAQ no. 8 says the costs of high speed letter openers are allowable only under Section 101 or Section 251 pursuant to Section 251(b) because the openers are not directly related to meeting any of the Title III requirements. Sacramento County also noted that the answer to FAQ no. 10 allows Section 251 funds to be used to purchase absentee voting equipment as long as the equipment meets the requirements of Section 301(a) of HAVA. Sacramento County believes that the letter openers are a "required part of the [voting] system as a whole in order for the system to operate correctly and efficiently."
Comment period closes April 18, 2009.
FAO-09-014
Read FAO-09-014
AOR 09-009 - U.S. Virgin Islands
Question:
May the U.S. Virgin Islands use $223,256 of Section 251 funds to outfit space in a different building to house the Office of the Supervisor of Elections? Construction in the new space consists of office spaces, restrooms, a kitchen, a training room, a conference room and the installation of a Vertical Reciprocating Platform (VRP). The VRP will allow voting machines to be efficiently transported in and out of storage.
According to the Supervisor of Elections, different facilities are needed because the U.S. Department of Justice has found that the current election office does not comply with the Americans with Disabilities Act. Violations were noted in the parking area, building entrances, entrance accessibility route to the voter registration area, and toilet room.
Comment period closes March 23, 2009.
FAO Pending
AOR 09-008 - Mercer County, Pennsylvania
Question:
Mercer County is requesting approval for the use of Help America Vote Act (HAVA) funds for 10 projects that made polling places compliant with the ADA accessibility requirements. The projects were completed in 2004, 2006, and 2007. According to a transmittal of the County’s request from the Pennsylvania Department of State, "Mercer County has a total of ten (10) projects that they are requesting approval for, so they can request HAVA funds to cover the costs." The range of project costs is from $906 to $3,619. The total cost of the ten projects is $25,622.
Nine projects consisted mainly of installing a concrete parking pad. Some of the nine projects also included improvements to walkways, doors, and the installation of signs. The tenth project consisted of installation of a steel ramp and handrails.
The request from the county said that:
Each of these improvements occurred in a precinct that is found in one of the most rural areas of what for the most part is a rural county. There are few options in these areas in finding handicapped accessible facilities. And as these improvements indicate even many municipal buildings in our county were not up to ADA standards prior to these improvements. It again is my belief that the county exhausted all options to find an alternative polling location that was already accessible or could have been made accessible after minor or non-permanent modifications.
Comment period closes March 23, 2009.
FAO Pending
AOR 09-007 - Inspector General, U.S. Election Assistance Commission
Question:
How does the Election Assistance Commission (EAC) define "improvement of administration of elections for Federal Office" in terms of the allowable uses of funds provided under Section 101 and 251 of the Help America Vote Act (HAVA)? Or, in lieu of a definition, EAC should provide a list of expenditures that are a permissible use of HAVA funds as an improvement to the administration of elections for Federal Office.
Comment period closes March 23, 2009.
FAO-09-005
Read FAO-09-005 (NY)
AOR-09-006 - Niagara County, New York
Question:
May Help America Vote Act (HAVA) funds be used to purchase a van to transport County election staff and equipment for demonstrating the use of Ballot Marking Devices? The van is a Ford, 2009, F-350 Extended Van, converted to allow transport of wheel chair and ambulatory persons. The cost of the van is $35,891. According to the County, the van will be used exclusively for voter outreach or other activities associated with improving the administration of Federal elections.
Comment period closes March 5, 2009.
FAO-09-005
Read FAO-09-005 (MT)
AOR-09-005 - Montana Secretary of State
Question:
May Help America Vote Act (HAVA) funds be used for a post-election audit of elections with Federal races on the ballot? The expenses would be limited to state and county personnel costs and minimal postage and supply costs.
Comment period closes March 5, 2009.
FAO Pending
AOR-09-004 - Philadelphia County, Pennsylvania
Question:
May Philadelphia County use $581,007 of Section 251 Help America Vote Act funds to make permanent American with Disabilities Act (ADA) - compliant modifications to entrances to 14 buildings owned by the City of Philadelphia and interior renovations to one City-owned building? The buildings (13 recreation centers and 2 libraries) are used as polling places.
In regard to the buildings, the requests stated:
Philadelphia’s decision to upgrade these facilities to provide accessibility for voters is one of last resort. Our civil service personnel have unsuccessfully searched the districts and adjacent districts for available facilities, both public and private, that are accessible or that may be temporarily modified for use as a polling place. It is necessary that the 15 City government facilities, in this application, which house 25 election district polling places, be permanently modified to ensure that the 17,009 registered electors in these 25 districts have accessible, ADA compliant buildings in which to vote.
The total cost of the exterior renovations is $577,040. Individual project costs range from $9,257 to $96,371 and include upgrading and/or constructing foot ramps and installing railings, new doors, and new door hardware. The one interior project is for repairing a chair lift.
Comment period closes March 5, 2009.
FAO Pending
AOR-09-003 - Clearfield County, Pennsylvania
Question:
May Clearfield County use $5,000 of Section 251 Help America Vote Act funds to pave the handicapped access and handicap parking to one of its polling places?
The polling place is located at the Irvona Volunteer Fire Company in Irvona, Pennsylvania. Clearfield County has a 10-year lease with the Fire Company to use the Fire Company site as a polling location.
On August 28, 2007, Pennsylvania certified that it had fully complied with the requirements of Title III. As such, Pennsylvania may use Section 251 funds to improve the administration of elections for Federal office.
Comment period closes December 29, 2008
FAO Pending
AOR-09-002 - Puerto Rico Election Commission
Question:
May Puerto Rico use Help America Vote Act (HAVA) funds to purchase three vehicles and associated computer equipment for mobile voter registration, computer equipment for a voter information telephone system, and a copying machine to reproduce election manuals and voter information? The proposed purchases are posted below:
ITEMS: Three mobile voter registration vans
COST: $50,085
PURPOSE: To provide voter registration services to augment voter registration at fixed locations (in Puerto Rico, there is no voter registration by mail).
ITEMS: Computer equipment and cameras to equip the mobile voter registration vans.
COST: $48,467
PURPOSE: To outfit the vans with hardware and software for mobile voter registration and for cameras for the production of voter registration identification cards.
ITEMS: Computer Server
COST: $36,439
PURPOSE: For voice-activated voter information telephone system (which provides information on voter registration status and voting location).
ITEMS: Multi-functional copying equipment
COST: $19,400
PURPOSE: To obtain a combination copier/printer/scanner to produce election manuals and other voter information materials.
Comment period closes December 29, 2008
FAO-09-004
Read FAO-09-004
AOR-08-026 - New York State Board of Elections State
Question:
"May Suffolk County purchase six vehicles for use as part of the county's Voter Education plan?"
Comment period closes October 20, 2008 - No comments received
FAO-09-003
Read FAO-09-003
AOR-08-025 - Indiana Secretary of State
Question:
"May HAVA funds be used for the purchase of voting systems to replace voting systems originally purchased with HAVA funds when the Indiana General Assembly considers the circumstances of certain counties as different from other counties that have requested to use HAVA money to purchase 'replacement' voting system. The distinction that the Indiana General Assembly desires that the EAC make is that some states have sought authorization to use HAVA funds to replace functioning HAVA compliant voting systems, whereas, voting systems that certain Indiana counties seek to replace have become functionally obsolete due to lack of technical and other operating support."
Comment period closes October 20, 2008 - No comments received
FAO-09-002
Read FAO-09-002
AOR-08-024 - West Virginia Office of the Secretary of State
Background:
West Virginia is financing a revolving loan fund using $2.78 million of Help America Vote Act (HAVA), Section 251 funds. The loan fund is used to make non-interest bearing loans to counties for the purchase of HAVA-compliant voting equipment and related services. Under individual "Monthly Repayment Loan Agreements" counties are required to repay the loan fund.
According to the Monthly Repayment Loan Agreements, counties "shall be in compliance with and shall thereafter remain in compliance with all Federal and State laws" so long as any part of the loan is outstanding. Furthermore, as long as any part of the loan is outstanding, the county "shall maintain proper books of records and accounts in accordance with generally accepted accounting principles consistently applied, in which full, true and correct entries shall be made."
Counties have made payments to the loan fund and the State Election Commission has reissued loans of $281,786.
Questions:
1. Do the funds in the revolving loan fund ever lose their identify as Federal funds?
2. Is equipment that was purchased with loan funds that were subsequently repaid by counties considered to be purchased with Federal funds?
Comment period closes August 18, 2008 - No comments received
FAO-08-012
Read FAO-08-012
AOR-08-023 - Wayne County, New York Board of Elections
Question:
May the County use Help America Vote Act funds to pay poll workers to attend a newly created all-day training session and to pay for lunch provided during the training session?
Comment period closes August 1, 2008 - No comments received
FAO-09-001
Read FAO-09-001
AOR -08-022 - Acting Director, HAVA Payment and Grants Division, U.S. Election Assistance Commission
Question:
Are State certifications submitted pursuant to Section 251(b)(2) of the Help America Vote Act for the using requirements payments to improve the administration of elections for Federal office retroactive to periods prior to the submission of the certification?
Comment period closes August 1, 2008 - No comments received
FAO-08-011
Read FAO-08-011
AOR-08-021 - Office of the California Secretary of State
Question:
Are poll worker training and voter education considered part of the Help America Vote Act’s (HAVA) Title III requirements and can they be paid for using HAVA Section 251 funds, regardless of a certification filed under HAVA section 251(b)(2)?
Comment period closes August 1, 2008 - No comments received
FAO-08-010
Read FAO-08-010
AOR-08-020 - Office of the California Secretary of State
Question:
Does the Election Assistance Commission’s March 20, 2008 policy regarding replacement of voting systems purchases with Help America Vote Act HAVA funds allow HAVA funds to be used for reimbursement of the costs of optical scan and peripheral equipment, as shown below, needed to replace DRE’s previously purchased with HAVA funds?
-
High-speed, central-count, optical scan tabulators.
-
Precinct-based optical scan tabulators.
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Voting booths (polling place booths to ensure that voters can mark paper ballots in private).
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Paper-ballot processing carts (to assist with storing, moving, sorting and processing paper ballots).
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Ballot boxes (to securely store ballots at the polling place and for transport to central tabulation facilities).
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Privacy sleeves (to ensure the secrecy of the marked box).
Comment period closes August 1, 2008 - No comments received
FAO Pending
AOR-08-018 - EAC Inspector General
Question:
How should the increase in the State match be calculated if a State uses the requirements payment as a reimbursement under 251(c)(2)?
Comment period closes May 29, 2008 - No comments received
FAO Pending
AOR-08-018 - EAC Inspector General
Question:
How should the above referenced "maintenance of effort requirements" be calculated?
Comment period closes May 29, 2008 - No comments received
FAO Pending
AOR-08-017 - EAC Inspector General
Question:
What does "multiyear contract" mean as used in Section 251(c)(2) of HAVA:
"Special Rule Regarding Multiyear Contracts - A State may use a requirements payment for any costs for voting equipment which meets the requirements of Section 301 that, pursuant to a multiyear contract, were incurred on or after January 1, 2001, except that the amount that the State is otherwise required to contribute under the maintenance of effort requirements of Section 254(a)(7) shall be increased by the amount of the payment made with respect to such multiyear contract."
Comment period closes - No comments received
FAO-08-005
Read FAO-08-005
AOR-08-016 - Acting Director, Division of HAVA Payments and Grants, EAC
Question:
May HAVA funds be used for training poll workers to register new voters?
Comment period closes May 29, 2008 - No comments received
FAO-08-005
Read FAO-08-005
AOR-08-015 - Acting Director, Division of HAVA Payments and Grants, EAC
Question:
May HAVA funds be used for advertisements encouraging citizens to register to vote?
Comment period closes May 29, 2008 - No comments received
FAO-08-005
Read FAO-08-005
AOR-08-014 - Acting Director, Division of HAVA Payments and Grants, EAC
Question:
May HAVA funds be used for voter registration drives or rallies including advertising for the event, setting up booths, and paying salaries of employees who register new voters?
Comment period closes May 29, 2008 - No comments received
FAO-08-005
Read FAO-08-005
AOR-08-013 - Acting Director, Division of HAVA Payments and Grants, EAC
Question:
May HAVA funds be used for preparing and providing instructions on how to register to vote?
Comment period closes May 29, 2008 - No comments received
FAO-08-007
Read FAO-08-007
AOR-08-012 -Rhode Island
Question:
What are the requirements for the disposal of equipment that has been purchased with HAVA funds?
Comment period closes May 29, 2008 - No comments received
FAO-08-003
Read FAO-08-003
AOR-08-011 - Illinois
Question:
May an election jurisdiction sell the HAVA-funded voting equipment which will be replaced and use the revenue from the sale to finance costs of the new equipment or other items as provided for in Sections 101 or 251 of HAVA?
Comment period closes May 29, 2008 - No comments received
FAO-08-006
Read FAO-08-006
* Please Note: FOA Incorrectly references AOR-08-007 when it should reference AOR-08-010.
AOR-08-010 - Illinois
Question:
May election jurisdictions that previously purchased voting equipment with HAVA funds purchase different voting equipment with HAVA funds to replace the previously purchased voting equipment?
Comment period closes May 29, 2008 - No comments received
FAO-08-009
Read FAO-08-009
AOR-08-009 - Sacramento County, California
Question:
May HAVA Section 251 funds be used for the purchase, installation, and upkeep of electronic Roster Book equipment (electronic poll books), as part of meeting the Title III requirements and not just as an improvement to the administration of Federal elections?
Comment period closes May 29, 2008 - No comments received
FAO-08-008
Read FAO-08-008
AOR-08-008 - Sacramento County, California
Question:
May HAVA Section 251 funds be used for required voting system maintenance, including preventative maintenance performed to maintain compliant status, as part of meeting the Title III requirements and not just as an improvement to the administration of Federal elections?
Comment period closes May 29, 2008 - No comments received
FAO-08-005
Read FAO-08-005
AOR-08-007 - Pennsylvania
Question:
May HAVA funds be used to pay for voter registration forms?
Comment period closes May 29, 2008 - No comments received
FAO Pending
AOR-08-006 - Ohio
Question:
May grantees or subgrantees determine to discontinue use of voting machines purchased wtih federal grant money because the grantee or subgrantee determines the machines are not safe for their intended use?
Comment period closes May 29, 2008 - No comments received
FAO Pending
AOR-08-005 - Ohio
Question:
Are grantees or subgrantees of federal grant monies subject to any federal reporting/accounting regulations if the grantee or subgrantee destroys voting machines purchased with federal grant money because the machines were damaged and no longer functional for their intended purpose?
Comment period closes May 29, 2008 - No comments received
FAO-08-004
Read FAO-08-004
AOR-08-004 - Illinois
Question:
If not (to the previous question), how should the indirect costs be allocated to the various HAVA programs?
Comment period closes May 29, 2008 - No comments received
FAO-08-004
Read FAO-08-004
AOR-08-003 - Illinois
Question:
(1) May indirect costs, subject to an approved indirect cost rate, of operating all EAC HAVA programs be charged to Section 101 funds?
Comment period closes May 29, 2008 - No comments received
FAO-08-002
Read FAO-08-002
AOR- 08-002 - U.S. Virgin Islands
Question:
Will EAC waive the requirement for the appropriation of matching funds, contained in Section 253 (b) (5) of the Help America Vote Act (HAVA), for the Virgin Islands to receive an FY08 requirements payment, in accordance with Title 48 Section 1469 a (d) of the United States Code (also applicable to Guam and American Samoa)?
Title 48 Section 1469 a (d) says "Notwithstanding any other provision of law, in the case of American Samoa, Guam, the Virgin Islands and the Northern Marian Islands any department or agency shall waive any requirement for local matching funds under $200,000 (including in-kind contributions) required by law to be provided by American Samoa, Guam, the Virgin Islands, or the Northern Mariana Islands."
Comment period closes May 29, 2008 - No comments received
FAO-08-001
Read FAO-08-001
AOR-08-001 - Kentucky
Question:
Does the MOE requirement apply in the same manner to states that (1) had a voter registration database that subsequently met the requirements of HAVA and (2) do not use HAVA funds to operate and maintain the database. Stated differently, if a state spent funds to implement a voter registration data base in fiscal year 2000 that meets the requirements of HAVA and continues to operate the system with state funds, should state expenditures for the data base in the fiscal year that ended prior to November 2000 be included in the state’s base year level of effort?
Comment period closed May 29, 2008 - No comments received