90.401: Help America Vote Act Requirements Payments

90.401

Inactive

U.S. Election Assistance Commission (EAC)

Oct. 6, 2016

Sept. 3, 2016

HAVA Section 251 authorizes requirements payments to assist States (including the District of Columbia and U.S. Territories) in meeting the Uniform and Nondiscriminatory Election Technology and Administration Requirements in Title III of the Act (voting systems standards, provisional voting and voting information requirements, computerized statewide voter registration list requirements and requirements for voters who register by mail) and, under certain circumstances, for other activities to improve the administration of Federal elections.

A - Formula Grants

Section 253(d) provides that States may not file a statement of certification to receive a requirements payments until the expiration of a 45-day period (or, in the case of a fiscal year other than the first fiscal year for which a requirements payment is made to the State, a 30-day period) that begins on the date the EAC publishes the State plan in the Federal Register. State, or designee, in consultation with the chief State election official, to file with EAC a statement certifying that the State is in compliance with the conditions set forth in Section 253(b). The State may meet this certification requirement by filing the following statement: hereby certifies that it is in compliance with the requirements referred to in To receive funds for a fiscal year, HAVA Section 253 requires the chief executive officer of the State, or designee, in consultation with the chief State election official, to file with EAC a statement certifying that the State is in compliance with the conditions set forth in Section 253(b). For the purpose of this requirement, the chief State election official is the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-8) to be responsible for coordination of the States responsibilities under such Act. Section 253(b) requires the State to: have filed with EAC a State plan covering the fiscal year that the State certifies: contained each of the elements required to be in the State plan, according to HAVA Section 254, including how the State will establish a State Election Fund in accordance with Section 254(b); was developed in accordance with Section 255, which describes the process of using a committee of appropriate individuals, including the chief election officials of the two most populous jurisdictions, other local election officials, stake holders (including representatives of groups of individuals with disabilities), and other citizens to develop the plan; and met the 30-day public notice and comment requirements of Section 256. have filed with the EAC a plan for the implementation of the uniform, non-discriminatory administrative complaint procedures required under Section 402 (or has included such a plan in the State plan), and have such procedures in place. If the State did not include such an implementation plan in the State plan, the Federal Register publication and the committee development requirements of Sections 255(b) and 256 apply to the implementation plan in the same manner as they apply to the State plan. be in compliance with each of the following federal laws: The Voting Rights Act of 1965; The Voting Accessibility for the Elderly and Handicapped Act; The Uniformed and Overseas Citizens Absentee Voting Act; The National Voter Registration Act of 1993; The Americans with Disabilities Act of 1990; and The Rehabilitation Act of 1973. to the extent that any portion of the requirements payment is used for activities other than meeting the requirements of title III, have provided that: the State's proposed uses of the requirements payment are not inconsistent with the requirements of title III; and the use of the funds under this paragraph is consistent with the requirements of Section 251(b); have appropriated funds for carrying out the activities for which the requirements payment is made in an amount equal to 5 percent of the total amount to be spent for such activities (taking into account the requirements payment and the amount spent by the State) and, in the case of a State that uses a requirements payment as a reimbursement for voting equipment under Section 251(c)(2), an additional amount equal to the amount of such reimbursement.

Fifty States, the District of Columbia, American Samoa, Guam, Puerto Rico, and the U.S. Virgin Islands.

https://sam.gov/fal/eaa8df325c27a3d8d2f80e8d81e1049d/view