In-kind contributions are costs covered by a third-party for eligible activities under the grant, e.g. costs for training approved as part of the grant activities and paid for by another agency. They can be used to meet the match requirements. Grantees must document these kinds of contributions.
States must use the funds for the activities described in the Consolidated Appropriations Act and approved by EAC in the state’s program narrative. In addition, states must follow the Uniform Guidance in 2 C.F.R. 200 in determining the allowability of specific costs under the grant. Any equipment purchased under the grant must also meet HAVA requirements.
They are due no later than April 27, 2020.
The funds are available under section 101 of HAVA and are considered grants. As such, states are required to follow grant requirements contained in the Code of Federal Regulations, 2 C.F.R. 200, and are subject to both programmatic and financial audits by EAC. The narrative will establish the programmatic objectives EAC will monitor over the course of the performance period. It also establishes the audit standards EAC and its Inspector General will use to ensure funds are spent according to the activities described in the program narrative and in compliance with the law.
No, states are not required to accept the funds. If a state chooses not to request the funds, EAC will require a formal notification.
EAC recognizes that the grants will have similar activities. States have the option to expand the activities planned with the 2018 grant or decide to support different activities. Activities planned with limited 2018 funds, could be moved and supported under this 2020 grant. States can describe the expansions they will do in the program narrative and how those activities are distinguished from or represent expansion to the 2018 grant-funded activities.
No, these funds are not considered continuation funds and can’t be awarded in the same grant. Given the different matching requirement and longer budget period, we need to award the funds in a different grant. While the funds will be awarded in a separate grant and tracked and reported under a separate FFR, the activities could be very similar to activities supported under the 2018 grant.
Any HAVA funds still remaining at the state level should be tracked and reported separately from this new award. HAVA funds awarded prior to 2018 are available for use until expended and have no impact on the amount awarded for this grant program.
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.