Yes. HAVA Sec. 101(b)(1)(F) allows funding to be used for improving, acquiring, or modifying methods for casting votes (e.g. paper ballots). Under this section, costs associated with purchasing or printing ballot paper with new or additional security features, including ongoing or future acquisition, are allowable and fully allocable to HAVA.
HAVA
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.
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
Insurance (including cyber insurance) is an allowable expense per HAVA 101(b)(1)(B) and 2 CFR §200.447. Costs must be allocated based on the benefit to the improvement of the administration of elections for Federal Office, per 2 CFR § 200.405 and HAVA 101(b)(1)(B). An allocation methodology representative to the benefit of federal elections should be included when allowing and allocating cyber insurance costs. An expenditure for cyber insurance should follow the limitations set by §200.447 as well as general allocation principles for HAVA grants.
For additional guidance on insurance please see the FAQ titled “May a state use HAVA funds to lease or purchase buildings or equipment?”
We follow the process set up in the Help America Vote Act in Section 101(d)(2) which is summarized below:
Step 1. A minimum amount is distributed at first to all the states and territories, 1/2 of one percent to the states and 1/10 of one percent to the territories.
Step 2. The remainder of the amount appropriated is allocated based on the percentage of voting age population in the state. Per HAVA, the population numbers are from the current published decennial census.
Step 3. There is also a minimum amount per state set in HAVA or the current appropriation act. If there are states and territories that fall below that minimum after the allocation is made based on voting age population, the law calls for a prorated reduction from larger states to bring the smaller ones up to the minimum.
Note: As of March 1, 2022, the most current decennial census data for the states is the 2020 Census and the most current data for the territories is the 2010 Census. If grant funding must be distributed before the territory data is published for the 2020 Census, the EAC would make formula awards using hybrid data combining the 2020 and 2010 census.