Federal Elections

The allowability of this type of expense depends on the purpose of the database and the type of information stored. For example, a database that provides voters with information on campaign finance does not improve the administration of federal elections or otherwise meet the criteria for allowable activities under HAVA Section 101(b)(1), including voter education**. Since it is not an allowable cost under HAVA, expenses related to this type of database cannot be used as state match.  

In some circumstances, the costs of a database may be allowed. If the database provides a central archive for historical election data and is used to support administrative activities such as post-election auditing, then the associated costs may be allowable and should be appropriately allocated based on the benefit to federal elections.  

Grantees are encouraged to contact the EAC Grants Office ([email protected]) to confirm the allowability of specific database costs. 

**HAVA Sec.101(b)(1)(C) states funds may be used for "educating voters concerning voting procedures, voting rights, and voting technology." While combating mis/disinformation can be considered voter education, it must focus on assisting the voter in exercising the right to vote. 

The CARES Act is very specific about the use of the funds. They must be used “to prevent, prepare for, and respond to coronavirus, domestically or internationally, for the 2020 Federal election cycle.” The award instructions and EAC’s Guidance on Use of HAVA Funds for Expenses Related to COVID-19 provide many examples and answer questions about the use of CARES Act and other HAVA funds to address the pandemic. See the EAC website for the guidance at: https://www.eac.gov/electionofficials/guidance-use-hava-funds-expenses-related-covid-19.

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