HAVA, in Section 101(b)(2), specifically states that 101 funds cannot be used to pay costs associated with any litigation, except to the extent that such costs otherwise constitute permitted uses of a payment under this section.  Therefore, they cannot be used to cover the costs of a lawsuit brought against an action the state takes such as moving a primary or changing voting processes.  However, if the litigation pertained to a state's actions to mitigate the effects of the pandemic on federal elections and the litigation resulted in a judgement or order requiring the state to implement certain changes in their administration of those elections, the funds could be used to carry out those required changes. 

Public Hearing Video

Yes, this is an allowable cost directly related to the pandemic.

Yes, you may hire temporary staff under these circumstances and to provide additional temporary help to process returned ballots.

Yes, those would be allowable costs, with the caveat that you need to ensure the costs are allocated to the grant in appropriate proportions.  If you decide to lease the equipment, you must also follow requirements in Section 200.465 of 2 CFR which outline circumstances you should consider in determining whether to lease or buy the equipment.

Yes, those would be allowable costs.  However, please be aware that you must also ensure you have appropriate security measures in place (tokens, VPN access only, etc.) if they will be accessing your shared system.

Yes, unanticipated costs to lease polling facilities are allowable costs.

Yes, costs to communicate changes in voting processes due to the pandemic are allowable costs. Keep in mind that HAVA funds can be used to provide information on voting procedures, rights or technology. Items intended to “get out the vote” or merely encourage voting do not meet this requirement.