Click on the FAO or AOR for more information on the requestor, requests (scope of questions) and the results (advisory and guidance). Pending FAO's are requests that have yet to be decided and approved. AOR's are numbered by the year (e.g., 10 is 2010) and order (e.g., first request is 001) in which they are received. All comment periods are for 10 days unless noted otherwise.

FAO Pending

AOR-10-005 - State of Alaska 

Question:

May HAVA Section 251 funds be used to purchase an automated mail ballot processing system to accommodate the growing volume of mail ballots within required timeframes? This would help to assure that military and overseas voters’ outgoing ballots are processed in the most expeditious manner.

Comment period closed April 17, 2010.

FAO Pending

AOR-10-004 - State of Montana

Question:

May Dawson County use $3,250 of HAVA Section 101 funds to construct a concrete accessibility ramp, install handrails, and improve surface from existing accessible parking pad?

Comment Period Closes March 28, 2010

FAO Pending

AOR-10-003 - Tioga County, New York 

Question:
May Tioga County Board of Elections in New York use HAVA Section 251 funds to purchase a van for use in voter education and inspector training of optical scan voting systems and accessible ballot marking devices.

Comment period closed January 14, 2010.

FAO Pending

AOR-10-002 - State of Tennessee 

Question:
May Tennessee use Section 251 Requirements Payments to purchase paper ballots for Federal Elections?

Comment period closed December 17, 2009.

FAO Pending

AOR-10-001 - State of Oregon 

Question:
May the State of Oregon use HAVA Section 251 funds to purchase and install closed circuit surveillance cameras in thirty-six county election offices throughout the state? Oregon is a Vote-by-Mail state and vote tabulation is done using central count optical and digital scanning devices located within the county election offices. Using a Request for Information process we estimate that the total cost for purchase and installation of closed circuit surveillance cameras in thirty-six county election offices should not exceed $162,000 or an average of $4,500 per county.

Comment period closed December 3, 2009.

FAO-09-015  

Issued:

• FAO-09-015 (PDF)

AOR-09-016 - State of Alaska, Division of Elections 

Question:

The State of Alaska, Division of Elections, requests approval to modify existing office space to construct a secure storage room at its Headquarters location in Juneau, Alaska.  See the Alaska request.

Comment period closed October 29, 2009. 

FAO-09-009

Issued:

• FAO 09-009 (PDF)

AOR-09-015 - Washington Office of the Secretary of State on behalf Whitman County, Washington 

Question:

May Whitman County use $360,000 of Help America Vote Act (HAVA) funds to finance a portion of the costs to remodel office space to be used as an elections and voter registration processing center?  The total estimated cost of the project is $1,067,007.

The existing space is owned by Whitman County and will be used to “prepare and receive ballots, secure both ballots and envelopes during processing, to tabulate ballots, and provide long-term storage for them, while allowing political party observation as required by State Law . . .”  The space will also be used as an ADA [Americans with Disabilities Act] accessible voter registration center, and a ballot drop off point and ADA accessible voting center, complete with the HAVA required Accessible Voting Units . . .” 

Total estimated costs include costs for remodeling about 2,000 square feet of interior space; rehabilitating an exterior wall, building a new roof; and  purchasing furniture, equipment, and fixtures.  According to the request, “Commercial space to lease or purchase in this area is not available or located to far away to improve the elections process.”

Comment period closed July 1, 2009. 

FAO Pending

AOR-09-014 - Pennsylvania Department of State on behalf of Clearfield County 

Question:

May Clearfield County use $1,500 of Section 251 Help America Vote Act funds (pursuant to Section 251(b)(2)(B)) to pay for costs incurred by the Union Township Civilian Defense Fire Company to alter building doorways and floor to improve access for the handicapped? 

The County has a 10-year lease with the Fire Company to use the building as the Union Township polling location. 

Comment period closed May 11, 2009.

FAO-09-008

Issued:

• FAO-09-008 (PDF)

AOR-09-013 - California Secretary of State on behalf of Stanislaus County 

Question:

May Help America Vote Act Section 251 funds (pursuant to Section 251(b)(2)(B)) be used to pay for improvements to a warehouse that is used to store voting equipment?

Stanislaus County currently “. . . maintains and conducts Logic and Accuracy testing on 500 pieces of election equipment, including 250 Model-100 machines and 250 Auto Mark machines” stored in its election equipment warehouse.

The improvements consist of insulating the ceiling and inside walls and installing a “whole house style fan.”  The alterations will keep the summer temperature in the warehouse below 100 degrees which would meet the manufacturer’s storage temperature recommendations of 50 to 100 degrees. 

Comment period closed May 11, 2009.

FAO-09-007

Issued:

• FAO 09-007 (PDF)

AOR-09-012 - Sacramento County, California 

Question:

May Help America Vote Act Section 251 funds (not pursuant to Section 251(b)(2)) be used to pay for a voting system preventative maintenance technician training program for Voter Registration and Election Departmental staff?

Sacramento County has reached agreement with Election System and Software (ESS) for Departmental staff to be trained by ESS to perform annual preventative maintenance on ESS optical scan voting equipment.  There is an initial cost for the training and an annual renewal cost for staff to maintain their qualified technician status.  The County estimates that this effort will reduce annual maintenance costs by 50 percent.

The County notes that this request would clarify EAC’s FAO-08-08 which authorizes the use of Section 251 funds for the maintenance of HAVA-compliant equipment.

Comment period closed April 18, 2009.

FAO-09-006

Issued:

• FAO-09-006 (PDF)

AOR-09-011 - Sacramento County, California 

Question:

May Help America Vote Act (HAVA) Section 251 funds (not pursuant to Section 251(b)(2)) be used to pay for on-going voter education activities regardless of State certification for paper ballot systems?

The County is asking the question in light of EAC’s advisory FAO-08-011.  FAO-08-011 says that voter education may be funded with Section 251 funds, regardless of a certification under Section 251(b)(2) in three instances:

1) Pursuant to HAVA Section 301(a)(1)(B), States using a paper ballot voting system or central count voting system (including mail-in absentee ballots and mail-in ballots) may establish a voter education program.  This voter education program must be specific to the voting system used in the jurisdiction, notifies voters of the effect of over-voting, and provides instructions to voters on how to correct a ballot before it is cast and counted (including obtaining a replacement ballot).

2) States must post voter information at each polling place on Election Day pursuant to HAVA Section 302(b).  Voter information, as defined by HAVA Section 302(b)(2), means a sample ballot, the date of the election and the hours which polling places will be open, instructions on how to vote, instructions for mail-in registrants and first-time voters under Section 303(b), general information on voting rights under applicable Federal and State laws, and general information on Federal and State laws regarding prohibitions on acts of fraud and misrepresentation. 

3) States may conduct an educational program for poll workers and voters when they implement a new voting system that complies with the requirements of Title III of HAVA. However, this is a one-time training expenditure and does not include expenses to train poll workers prior to each election for state, local and/or federal office.

Sacramento County is requesting clarification on this advisory to ensure that Section 251 funds, not pursuant to Section 251(b), may be used to establish and perform on-going voter education activities for jurisdictions using a paper ballot voting system.

Comment period closed April 18, 2009.

FAO Pending

AOR-09-010  - Sacramento County, California 

Question:

May Help America Vote Act (HAVA) Section 251 funds (not pursuant to Section 251(b)(2)) be used to purchase vote-by-mail (absentee) envelope processing equipment?

The County is asking the question in light of EAC’s Frequently Asked Questions (FAQ) Regarding Appropriate Uses of HAVA Funds.  In particular, the answer to FAQ no. 8 says the costs of high speed letter openers are allowable only under Section 101 or Section 251 pursuant to Section 251(b) because the openers are not directly related to meeting any of the Title III requirements.   Sacramento County also noted that the answer to FAQ no. 10 allows Section 251 funds to be used to purchase absentee voting equipment as long as the equipment meets the requirements of Section 301(a) of HAVA.  Sacramento County believes that the letter openers are a “required part of the [voting] system as a whole in order for the system to operate correctly and efficiently.”

Comment period closed April 18, 2009.

FAO-09-014

Issued:

• FAO-09-014 (PDF)

AOR 09-009 - U.S. Virgin Islands 

Question:

May the U.S. Virgin Islands use $223,256 of Section 251 funds to outfit space in a different building to house the Office of the Supervisor of Elections?  Construction in the new space consists of office spaces, restrooms, a kitchen, a training room, a conference room and the installation of a Vertical Reciprocating Platform (VRP). The VRP will allow voting machines to be efficiently transported in and out of storage.

According to the Supervisor of Elections, different facilities are needed because the U.S. Department of Justice has found that the current election office does not comply with the Americans with Disabilities Act.  Violations were noted in the parking area, building entrances, entrance accessibility route to the voter registration area, and toilet room.

Comment period closed March 23, 2009.

FAO Pending

AOR 09-008 - Mercer County, Pennsylvania 

Question:
Mercer County is requesting approval for the use of Help America Vote Act (HAVA) funds for 10 projects that made polling places compliant with the ADA accessibility requirements.  The projects were completed in 2004, 2006, and 2007.  According to a transmittal of the County’s request from the Pennsylvania Department of State, “Mercer County has a total of ten (10) projects that they are requesting approval for, so they can request HAVA funds to cover the costs.”  The range of project costs is from $906 to $3,619. The total cost of the ten projects is $25,622. 

Nine projects consisted mainly of installing a concrete parking pad. Some of the nine projects also included improvements to walkways, doors, and the installation of signs.  The tenth project consisted of installation of a steel ramp and handrails.

The request from the county said that:

Each of these improvements occurred in a precinct that is found in one of the most rural areas of what for the most part is a rural county.  There are few options in these areas in finding handicapped accessible facilities.  And as these improvements indicate even many municipal buildings in our county were not up to ADA standards prior to these improvements.  It again is my belief that the county exhausted all options to find an alternative polling location that was already accessible or could have been made accessible after minor or non-permanent modifications.

Comment period closed March 23, 2009.

FAO Pending

AOR 09-007 - Inspector General, U.S. Election Assistance Commission 

Question:
How does the Election Assistance Commission (EAC) define “improvement of administration of elections for Federal Office” in terms of the allowable uses of funds provided under Section 101 and 251 of the Help America Vote Act (HAVA)?  Or, in lieu of a definition, EAC should provide a list of expenditures that are a permissible use of HAVA funds as an improvement to the administration of elections for Federal Office. 

Comment period closed March 23, 2009. 

FAO-09-005

Issued:

• FAO-09-005 (PDF)

AOR-09-006 - Niagara County, New York 

Question:   

May Help America Vote Act (HAVA) funds be used to purchase a van to transport County election staff and equipment for demonstrating the use of Ballot Marking Devices?  The van is a Ford, 2009, F-350 Extended Van, converted to allow transport of wheel chair and ambulatory persons.  The cost of the van is $35,891.  According to the County, the van will be used exclusively for voter outreach or other activities associated with improving the administration of Federal elections. 

Comment period closed March 5, 2009.

FAO Pending

AOR-09-005 - Montana Secretary of State 

Question: 

May Help America Vote Act (HAVA) funds be used for a post-election audit of elections with Federal races on the ballot?   The expenses would be limited to state and county personnel costs and minimal postage and supply costs. 

Comment period closed March 5, 2009.

FAO Pending

AOR-09-004 - Philadelphia County, Pennsylvania

Question: 

May Philadelphia County use $581,007 of Section 251 Help America Vote Act funds to make permanent American with Disabilities Act (ADA) - compliant modifications to entrances to 14 buildings owned by the City of Philadelphia and interior renovations to one City-owned building?  The buildings (13 recreation centers and 2 libraries) are used as polling places.

In regard to the buildings, the requests stated:

Philadelphia’s decision to upgrade these facilities to provide accessibility for voters is one of last resort.  Our civil service personnel have unsuccessfully searched the districts and adjacent districts for available facilities, both public and private, that are accessible or that may be temporarily modified for use as a polling place.  It is necessary that the 15 City government facilities, in this application, which house 25 election district polling places, be permanently modified to ensure that the 17,009 registered electors in these 25 districts have accessible, ADA compliant buildings in which to vote.

The total cost of the exterior renovations is $577,040.  Individual project costs range from $9,257 to $96,371 and include upgrading and/or constructing foot ramps and installing railings, new doors, and new door hardware.  The one interior project is for repairing a chair lift.
 
Comment period closed March 5, 2009.

FAO Pending

AOR-09-003 - Clearfield County, Pennsylvania 

Question:

May Clearfield County use $5,000 of Section 251 Help America Vote Act funds to pave the handicapped access and handicap parking to one of its polling places? 

The polling place is located at the Irvona Volunteer Fire Company in Irvona, Pennsylvania.  Clearfield County has a 10-year lease with the Fire Company to use the Fire Company site as a polling location.

On August 28, 2007, Pennsylvania certified that it had fully complied with the requirements of Title III.  As such, Pennsylvania may use Section 251 funds to improve the administration of elections for Federal office.

Comment period closed December 29, 2008

FAO Pending

FAO-09-004

Issued:

AOR-08-026 - New York State Board of Elections State 

Question:
"May Suffolk County purchase six vehicles for use as part of the county's Voter Education plan?" 

Comment period closed October 20, 2008 - No comments received

FAO-09-003

FAO-09-002

Issued:

AOR-08-024 - West Virginia Office of the Secretary of State 

Background:

FAO-08-012

Issued: 

• FAO-08-012 (.doc)

AOR-08-023 - Wayne County, New York Board of Elections 

Question:

FAO-09-001

Issued: 

• FAO-09-001 (PDF)

AOR -08-022 - Acting Director, HAVA Payment and Grants Division, U.S. Election Assistance Commission 

 Comment period closed - No comments received

FAO-08-005

Issued:

• FAO-08-005 (.doc)

AOR-08-016 - Acting Director, Division of HAVA Payments and Grants, EAC 

FAO-08-003

Issued:

• FAO-08-003 (.doc)

AOR-08-011 - Illinois  

FAO-08-006

Issued:

AOR-08-010 - Illinois 

FAO-08-009

Issued:

• FAO-08-009 (.doc)

AOR-08-009 - Sacramento County, California 

FAO-08-008

Issued:

• FAO-08-008 (.doc)

AOR-08-008 - Sacramento County, California 

Issued:

• FAO-08-005 (.doc)

AOR-08-007 - Pennsylvania 

Question:

FAO-08-004

Issued:

• FAO-08-004 (.doc) 

AOR-08-003 - Illinois