EAC has issued the following policies, advisories and guidance to assist states to help comply with HAVA. This information was issued based upon inquiries and clarifications submitted by election officials.

Guidance

Implementing Statewide Voter Registration Lists 

Policies

• Policy on Use of HAVA Funds (.doc 49KB)
• Policy Clarification Regarding Allowable Uses of HAVA Funds Authorized under Titles I and II (.doc 169KB)

EAC Advisories

• EAC Advisory 2007-003-A – Maintenance of Effort Funding
• EAC Advisory 2007-003: Maintenance of Effort
• EAC Advisory 2007-002: Program Income and Set-off of Cost Incident to Program Income
• EAC Advisory 2007-001: Accessible Voting Systems for In-person Absentee Voting
• EAC Advisory 2005-006: Provisional Voting and Identification Requirements
• EAC Advisory 2005-005: Lever Voting Machines and HAVA Section 301(a)
• EAC Advisory 2005-004: How to determine if a voting system is compliant with Section 301(a)
• EAC Advisory 2005-003 - Interest on HAVA Title I, Section 101 Funds
• EAC Advisory 2005-002 - Appropriation of matching funds equal to 5% of an amount less than the total available Requirements Payment
• EAC Advisory 2005-001 - Use of funds provided by counties as part of the State’s matching funding under Title II of HAVA
• EAC Advisory Letter 2004-1 - Electronic Voting Security

Funding Advisory Opinions (FAO) and Advisory Opinion Requests (AOR)

If you have questions about appropriate uses of HAVA payments, submit an inquiry through the Advisory Opinion process. Go here for instructions and more information. To view advisory opinion requests, go here.

• FAO 09-015 May HAVA Section 251 funds be used to modify existing office space to construct a secure storage room?

     Requestor(s): AOR-09-016 (AK)

• FAO 09-014 - Use of HAVA Title II, Section 251 funds to outfit space in a different building to house the office of the Supervisor of Elections

     Requestor(s): AOR-09-009 (VI)

• FAO 09-009 Use of 251 funds to finance a portion of the costs to remodel office space to be used as an elections and voter registration processing center
• FAO 09-008 Use of HAVA Title II, Section 251 funds to make improvements to a warehouse used to store voting equipment.
• FAO 09-007 Use of HAVA Title II, Section 251 funds to pay for training governmental staff to perform preventative maintenance on voting systems absent a HAVA Title II, Section 251(b)(2) certification.
• FAO 09-006 Use of HAVA Title II, Section 251 funds to fund an ongoing voter education program absent a HAVA Title II, Section 251(b)(2) certification.
• FAO 09-005 Use of HAVA Title I, Section 101 funds and HAVA Title II, Section 251 funds to purchase a van for use in voter education. 
• FAO 09-004  Use of HAVA Title II, Section 251 funds to purchase six motor vehicles for use in poll worker training, transportation of voting equipment and voter education.
• FAO 09-003 Use of HAVA funds to replace voting systems that have become functionally obsolete due to lack of technical and other operating support.
• FAO 09-002 (1) Whether or not county funds paid to reimburse the State for the cost of HAVA-compliant voting systems that the State purchased with HAVA funds maintain the character of HAVA funds; (2) Whether or not equipment that was initially purchased with HAVA funds but funded by counties through payments to the State is considered to be purchased with Federal Funds?
• FAO 09-001 Use of HAVA Title II, Section 251 funds to improve the administration of elections for Federal made prior the State submission of a HAVA Title II, Section 251(b)(2) certification.
• FAO 08-012 Use of HAVA Title I, Section 101 funds and HAVA Title II, Section 251 funds to pay poll workers to attend an all-day training session and to pay for lunch during the training session.
• FAO 08-011 Use of HAVA Title II, Section 251 funds to pay for poll worker training and voter education absent a HAVA Title II, Section 251(b)(2) certification.
• FAO 08-010 Use of HAVA Title I, Section 101 funds and HAVA Title II, Section 251 funds to reimburse the costs of optical scan and peripheral equipment needed to replace direct-recording electronic voting machines purchased with HAVA funds.
  
• FAO 08-009  Use of HAVA Title II, Section 251 funds for the purchase, installation, and upkeep of electronic poll books as part of meeting the Title III requirements of HAVA.
• FAO 08-008 Use of HAVA Title II, Section 251 funds for required voting system maintenance as part of meeting the Title III requirements of HAVA.
• FAO-08-007 (1) Whether or not grantees or subgrantees will be subject to federal reporting/accounting regulations for the disposition of voting equipment purchased with federal grant money; (2) Whether or not grantees or subgrantees may determine to discontinue the use of voting machines with federal money.
• FAO-08-006 Use of revenue from sell of voting equipment purchased with HAVA funds to finance the costs of new voting equipment or other items as provided for in Sections 101 and/or 251 of HAVA.
• FAO 08-005 Use of HAVA funds for the following voter registration related activities.
• FAO 08-004 Charging indirect costs of operating all HAVA programs, subject to an approved indirect cost rate, to HAVA Title I, Section 101 funds.
• FAO 08-003 Use of HAVA funds to purchase voting equipment to replace voting equipment previously purchased with HAVA funds.
• FAO 08-002 Waiver of the requirement for the appropriation of matching funds for American Samoa, the Virgin Islands, and the Northern Mariana Islands for receipt of fiscal year 2008 requirements payment.
• FAO 08-001 Application of MOE requirement to States with a voter registration database and that did not use HAVA funds to operate and maintain the database.