Costs associated with candidate filings for federal office are defined as part of the voting system under Title III of HAVA. If the use of laptops to allow candidates to file electronically improves the administration of federal elections and makes them more secure, the costs are allowable under your 2018 and 2020 Election Security grants. If you are expending the funds to alter or modify processes to protect federal candidates and election staff from coronavirus-related concerns, they are allowable costs with CARES Act funds.
Yes, you may use CARES grant funds to cover increased costs that result from the pandemic needed to ensure voting by persons with disabilities. The costs must be in response to the effects of the pandemic on accessibility related to the 2020 elections.You may use funds available under the 2018 and 2020 Election Security grants for more general costs associated with ensuring voters with disabilities have secure ways to vote privately and independently.
Yes. HAVA requirements related to equal access to voting for individuals with disabilities do not change because of the pandemic. Voters with disabilities must be able to vote privately and independently. Any improvements to systems, equipment and election processes must address accessibility for voters with disabilities. The EAC - CISA working group document on eballot delivery is a good source for more information. EAC will be hosting a virtual discussion in the coming weeks to discuss best practices and proven successes to further assist voters with disabilities and the election officials who serve them.
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.
Yes, you are providing the funds this year as a response to the pandemic. One caution, if you plan to continue the practice for all future elections, it is not a one-time response to the pandemic.
Any allowable costs you incur prior to March 28, 2020 and after January 20, 2020, the date the Public Health Emergency was declared, can be claimed as either federal or state match expenditures.
Generally, supplanting occurs when a state or local government reduces state or local funds for an activity specifically because federal funds are available or expected to be available to fund that same activity. Supplanting of state funds with HAVA funds is not permitted. Federal funds must be used to supplement existing state or local funds and may not replace state or local funding that has been appropriated or allocated for the same purpose or that is required by law.
No, states are not required to accept the funds. States that choose not to do so, should notify EAC with the reason via email to the [email protected] email address.
The funds can be used for any 2020 federal election which includes Presidential primaries, Congressional primaries and the November general election.
States are not required to place Section 101 state matching funds in the same fund with the federal funds. As a result, states can meet their matching requirements with funds within their existing budget authority.