**Instructions for Applying for FY 2008 Requirements Payment**

**Condition for Receipt of Funds \[Section 253(b)\]**

In order to receive a requirements payment for FY 2008, HAVA Section
253(b) requires that a State certify to the U.S. Election Assistance
Commission (EAC or Commission) that it has met the requirements of
Section 253(b), as described below:

1)  The State has amended at least the following elements of its state
    plan, according to Section 254, to account for the use of additional
    requirements payments:

    a.  How the State will use the requirements payment to meet the
        requirements of Title III or to carry out other activities to
        improve the administration of Federal elections, if the State
        has filed an appropriate certification under Section 251(b)(2).
        Pursuant to Section 301(a)(3)(C), if a State utilizes its FY
        2008 requirements payment to purchase voting systems, the voting
        system must meet the voting system standards for disability
        access contained in Section 301(a)(3).

    b.  How the State will distribute and monitor the distribution of
        the requirements payment to units of local government or other
        entities in the State for carrying out the activities described
        in the first section. The State must specify

        i.  The criteria to be used to determine the eligibility of
            possible recipients, and

        ii. How the State will monitor the performance of grant
            recipients consistent with performance goals adopted in the
            State plan.

    c.  How the State will provide voter education, election official
        education, and poll worker training programs to assist the State
        in meeting the requirements of Title III.

    d.  The State's proposed budget for new activities being described
        in the plan, including specific information on:

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i.  The costs of activities being carried out to meet the requirements
    of Title III;

ii. The portion of the requirements payment being used to carry out
    those activities;

iii. The portion of the requirements payment being used to carry out
     other activities.

     a.  How the State will continue to meet its Maintenance of Effort
         (MOE) requirement. Please see EAC Advisory 2007-003A for
         information regarding how to document MOE. The State should
         include a specific MOE amount.

     b.  How the State will adopt performance goals and measures that
         will be used by the State and units of local government in the
         State in carrying out the plan, including timetables for
         meeting each of the elements of the plan, descriptions of the
         criteria the State will use to measure performance and the
         process used to develop such criteria, and a description of
         which official is to be held responsible for ensuring that each
         performance goal is met.

     c.  A description of how Title I funds affect the new activities
         proposed to be carried out under the plan, including the amount
         of Title I funds available for such activities.

     d.  How the State will conduct ongoing management of the plan.

     e.  A description of how the amended State plan reflects changes
         from the previous State plan and how the State succeeded in
         carrying out the previous State plan.

     f.  A description of the committee which participated in the
         development of the State plan update in accordance with Section
         255 and the procedures followed by the committee under Sections
         255 and 256.

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2)  The State has followed the 30-day public notice and comment
    requirements of section 256.

3)  The State has 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 has such procedures in place.

4)  The State is in compliance with each of the following federal laws
    as they apply to the Act:

    a.  The Voting Rights Act of 1965;

    b.  The Voting Accessibility for the Elderly and Handicapped Act;

    c.  The Uniformed and Overseas Citizens Absentee Voting Act;

    d.  The National Voter Registration Act of 1993;

    e.  The Americans with Disabilities Act of 1990; and

    f.  The Rehabilitation Act of 1973.

5)  The State has provided that, to the extent that any portion of the
    Title II requirements payment is used for activities other than
    meeting the requirements of Title III:

    a.  the State's proposed uses of the requirements payment are not
        inconsistent with the requirements of Title III; and

    b.  the use of the funds under this paragraph is consistent with the
        requirements of section 251(b); and

6)  The State has 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 251(c)(2), an
    additional amount equal to the amount of such reimbursement.[^1]

Should the Commission have any concerns that a particular State, which
has submitted a certification statement to the EAC, has not met one of
the required conditions, the EAC will immediately contact that
particular State and/or communicate its concern in writing.

**Timing for Filing a Statement of Certification \[Section 253(a) and
(d)\]**

To receive the funds made available this fiscal year, HAVA requires the
chief executive officer of the State, or designee, in consultation with
the chief State election official, to file with the EAC a statement
certifying that the State is in compliance with the conditions set forth
in section 253(b).[^2] This statement may not be filed until ***after***
the expiration of a 30-day period that begins when an updated State plan
is published in the Federal Register by the Commission.

**Language for Statement of Certification \[Section 253(a)\]**

Recommended language for the certification statement, contained in
Section 253(a), is as follows:

" [(State)]{.underline} hereby certifies that it is in compliance with
the requirements referred to in section 253(b) of the Help America Vote
Act of 2002."

**Additional Information**

For additional information about FY 2008 requirements payments, please
contact:

Mr. Edgardo Cortés

Acting Director, Division of Election Administration Support

1225 New York Ave., NW

Suite 1100

Washington, DC 20005

866-747-1471 (toll free) or 202-566-3100

[^1]: For purposes of declaring sufficient funds are available for the
    State to carry out activities to meet Title III requirements, if the
    requirements payment is to be used as a reimbursement for voting
    equipment obtained on and after January 1, 2004 through multi-year
    contracts, the activity is not treated as an activity to meet Title
    III requirements.

[^2]: For the purpose of the requirements payments, 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.