| U.S. Election Assistance Commission

The EAC is committed to making funds available as soon as feasibly possible. By releasing these funds quickly, it is hoped that the grants can have an immediate impact on the 2020 election cycle. How the funds will impact the 2020 elections will be entirely determined by how and at what pace states and localities deploy the federal resources.

It should be noted that states’ expenditures of their remaining 2018 HAVA funds will also impact the 2020 elections.

The Consolidated Appropriations Act of 2020 authorizes and appropriates the federal funds, titled “Election Security Grants” in the Act, and provides $425,000,000 to the Election Assistance Commission “to make payments to states for activities to improve the administration of elections for Federal office, including to enhance election technology and make election security improvements, as authorized under sections 101, 103, and 104 of [HAVA].”

The accompanying Congressional joint explanatory statement states, “Consistent with the requirements of HAVA, states may use this funding to: replace voting equipment

that only records a voter's intent electronically with equipment that utilizes a voter-verified paper record; implement a post-election audit system that provides a high-level of confidence in the accuracy of the final vote tally; upgrade election-related computer systems to address cyber vulnerabilities identified through [Department of Homeland Security] or similar scans or assessments of existing election systems; facilitate cybersecurity training for the state chief election official's office and local election officials; implement established cybersecurity best practices for election systems; and fund other activities that will improve the security of elections for Federal office.”

Consistent with provisions in HAVA Section 101, states have discretion upon expenditures within general categories. The use categories described in the Congressional joint explanatory statement are consistent with aspects of Section 101(b)(1)(A), (B), (D), and (F), among other potential uses. The EAC can answer specific questions about how the money may be utilized, and will be capturing questions from states and sharing the answers in updated versions of this FAQ document.

The funds are available as formula, non-competitive grants. Similar to the 2018 process, states will be asked to submit a 2-3 page narrative overview of activities to be supported with the funds and a line item budget within about 90 days of receiving the Notice of Grant Award. Detailed guidance on development of the plans and budgets will be forthcoming and will include the deadline for submission of the narrative and budget. Note that the awards will be issued and funds available prior to receipt of the plan overview to expedite and support any needed expenditures ahead of the 2020 Elections.

EAC will obligate the funds to the states in the Treasury system and issue grant award notification letters by mid to late January. The grant award letter will allow states to incur costs, effective December 21, 2019, the day after the Consolidated Appropriations Act was signed. Funds will be available for states to deposit in their state election accounts when they return a signed funding request letter and the required certifications and assurances. EAC will provide a template on the EAC website that states can use to meet the stipulations in the letter for accessing the funds.

States should request their funds immediately. Regardless of the disbursement date, states are authorized to incur costs against the grant as of December 21, 2019.

Even with a $425 million appropriation, some states would receive under $3,000,000 based on the formula required under the law. As required, EAC ensures all states receive at least the minimum by a proportional re-distribution from large states to those below the minimum.

Awards will be made to the entities eligible to receive federal assistance under Title I of HAVA, which includes the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the U.S. Virgin Islands and the Commonwealth of the Northern Mariana Islands (herein referred to as “the states”). The states may re-grant/distribute funds to local election districts/offices at their discretion.

The Consolidated Appropriations Act of 2020 provides $425 million to the U.S. Election Assistance Commission (EAC), as authorized under Title I Section 101 of the Help America Vote Act (HAVA) of 2002 (P.L. 107-252), to make grant payments to states using the voting age population formula described in Sections 101 of HAVA. A chart showing how much each state is being awarded can be found on the EAC website here.