Q: What is an advisory opinion?
A: A determination, decision or clarification by the Commissioners of the Election Assistance Commission (EAC) regarding the use of Help America Vote Act (HAVA) funds.

Q: Who can request an advisory opinion?
A: Any federal or state government official or local election official (provided the local jurisdiction received or anticipates receiving HAVA funds) may request advisory opinions.

Q: How do I request an advisory opinion?
A: The aforementioned requestor submits a written request to Director, Division of HAVA Payments and Grants, 1225 New York Avenue, NW, Suite 150, Washington, D.C. 20005, Attention: Advisory Opinion Request.

Or the request may be submitted via email to havafunding@eac.gov. The request should contain a description of the activity/examples of the matter needing clarification. Go here for more information.

Q: What is the process regarding the issuance of advisory opinions?
A: After EAC staff review the request, they determine if additional information is needed and whether the request is valid. EAC will notify the requestor within 10 calendar days of the status of their request -- whether more information is needed or if it will move to the next step in the process. Subsequently, EAC will post the request on the EAC Web site and notify the chief state election official about the request. After the request is posted on the EAC Web site, a ten-day public comment period begins, and all comments will be posted on the EAC Web site. Comments must be submitted to havafunding@eac.gov or mailed to Director, Division of HAVA Payments and Grants, 1225 New York Avenue, NW, Suite 150, Washington, D.C. 20005, Attention: Advisory Opinion Request. 

EAC will consider all comments and commissioner and staff input and submit a draft advisory opinion for commissioner consideration. The requestor will receive a written response based upon the outcome of commissioner consideration of their request. The adoption of an advisory opinion will require an affirmative vote of at least three commissioners. 

Q: What if at least three commissioners do not vote affirmatively on a particular advisory request?
A: An advisory opinion will not be issued and the requestor will be notified.

Q: How long will it take to receive an advisory opinion?
A: All advisory opinions will be voted on by the commissioners within 60 calendar days of posting the request on the EAC Web site, and a written opinion will be sent to the requestor. We anticipate each request will take a minimum of 70 days, including the 10-day processing period when the request is submitted.

Q: Is there an expedited process?
A: Yes. The 60-day calendar period to receive an advisory opinion will be reduced to 30 calendar days if the request is deemed to be an emergency by the EAC.

Q: Will the public be able to provide input before the commissioners make a decision?
A: Yes. Within one business day of determining that the request is complete and valid, it will be posted on the EAC Web site for a ten-day comment period. All comments must be submitted to havafunding@eac.gov and will be posted on the EAC Web site. Additional time for submission of public comments may be granted after receiving a written request for an extension by the person who wishes to submit comments, or may be granted by a vote of the commission.

Q: Will all questions regarding Help America Vote Act expenditures now be decided by a vote of the Commission?
A: Yes.

Q: How will advisory opinions that are issued impact prior EAC determinations regarding HAVA expenditures?
A: Advisory opinions issued under this policy will supercede any previous policy issued by the EAC.