**U.S. Election Assistance Commission**

**Funding Advisory Opinion**

**FAO-08-005**

**Requestors:**

Pennsylvania (AOR-08-007)

Division Director, EAC Payments and Grants Division (AOR-08-013,
AOR-08-014, AOR-08-015, and AOR-08-016)

**Questions:**

May HAVA funds be used for the following voter registration related
activities:

1.  Producing voter registration forms?

2.  Preparing and providing instructions on how to register to vote?

3.  Conducting voter registration drives including advertising for the
    event, setting up booths, and paying salaries of employees who
    register new voters?

4.  Encouraging citizens to register to vote?

5.  Training poll workers to register new voters?

**Determination:**

General information applicable to all questions and the specific answers
are presented below.

EAC has concluded that HAVA authorizes the use of HAVA funds for voter
registration activities as follows:

-   Section 101(b)(1)(C) allows Section 101 funds to be used for
    educating voters concerning voting procedures.

-   Section 251(b)(1) allows Section 251 funds to be used to implement
    and maintain a computerized statewide voter registration list and to
    publicly post on the day of each election for Federal office
    instructions on how to vote, including how to cast a vote and how to
    cast a provisional ballot.

In the opinion of EAC, the phrases "educating voters on voting
procedures" and "how to cast a vote" would include providing instruction
on how to register to vote as one could not vote if not registered.
However, voter registration activities do not qualify for funding under
the umbrella of improvements to the administration of elections for
Federal office because the activities do not directly contribute to the
administration of a Federal election.

***Answers***

1.  Neither Section 101 nor 251 funds may be used to print, copy, or
    revise State voter registration forms. Providing voter registration
    forms is an activity that States have been carrying out for years,
    is not a requirement imposed by HAVA, is not educational (even if
    there are instructions on the form), is not an improvement to the
    administration of elections for Federal office and must continue to
    be funded by the State.

2.  Section 101 funds may be used at any time to instruct individuals on
    how to register to vote. This would include print, radio, and
    television advertisements informing individuals about the need to
    register to cast a vote, where to register to vote, how to obtain
    registration forms, and how to complete the forms. Section 251 funds
    may be used for instructing individuals how to vote in the same
    manner as Section 101 funds if a State has submitted to the Election
    Assistance Commission one of the two certifications provided for in
    section 251(b)(2) of HAVA. Filing the certifications allows a State
    to use section 251 funds "to carry out other activities to improve
    the administration of elections for Federal office\..."

3.  Neither Section 101 nor 251 funds may be used to conduct voter
    registration drives or get out the vote efforts; including
    advertising for the event, setting up booths, and paying salaries of
    employees who register new voters.

4.  HAVA authorizes the use of Section 101 funds to educate voters about
    registering to vote. However, as noted in response to question 2,
    neither Section 101 nor 251 funds can be used for "get out the vote"
    activities. In those cases where it is not clear whether a
    registration activity is educational or a get out the vote effort
    (i.e. encouraging citizens to vote on Election Day), the State
    should contact EAC for a determination on the basis of the specific
    circumstances.

5.  Sections 101 and 251 funds may be used to train poll workers who
    will be registering voters at the polls only on the day of Federal
    elections.