The state will have to pay back the portion of expended federal funds for which they could not meet the match, e.g. if you received and expended $5,000,000 under the CARES Act and were able to provide $800,000 in match, you were able to match $4,000,000 of the total. You would only have to pay back the appropriate portion of the expended funds to make up the match shortfall. In these cases, EAC will work with the state to determine the amount owed. 

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.