**STATE BOARD OF ELECTIONS**

**STATE OF ILLINOIS**

![](media/image1.png){width="1.375in"
height="1.2708333333333333in"}**1020 South Spring Street, P.O. Box 4187
BOARD MEMBERS**

**Springfield, Illinois 62708 Albert S. Porter, Chairman**

**217/782-4141 TTY: 217/782-1518 Bryan A. Schneider, Vice Chairman**

**Fax: 217/782-5959 Patrick A. Brady**

**John R. Keith**

**James R. Thompson Center William M. McGuffage**

**100 West Randolph, Suite 14-100 Wanda L. Rednour**

**Chicago, Illinois 60601 Jesse R. Smart**

**312/814-6440 TTY: 312/814-6431 Robert J. Walters**

**Fax: 312/814-6485**

**EXECUTIVE DIRECTOR**

**Daniel W. White**

December 17, 2008

Donetta Davidson, Vice Chairman

Election Assistance Commission

1225 New York Avenue, NW, Suite 1100

Washington, DC 20005

Dear Vice Chairman Davidson:

Re: Maintenance of Effort Policy - Comments

When Illinois first received HAVA grant monies to assist local
jurisdictions in replacing obsolete voting technology and equipment
several years ago, it was with our interpretation of the HAVA language
(with no directive specifying differently from EAC staff at the time)
that the maintenance of effort dollar requirement was to be based only
on the State's qualifying expenditure activity in the 2000 measurement
period, and that the local jurisdictions would not be additionally
responsible for a separate maintenance-of-effort contribution as a
condition of receiving pass-through HAVA funds. To that end, the State's
contractual agreements with these local entities were specifically based
on that understanding. To come back 'after-the-fact' and retroactively
impose significant additional monetary contribution requirements upon
local jurisdictions would be violating the contractual terms of the
original pass-through agreements with the sub-recipients (which was
agreed upon by the EAC at that time). Furthermore, an 'after-the-fact'
change of this type would impose undue hardships upon Illinois counties
and municipalities already in precarious financial straits due to the
ongoing severe economic downturn that envelopes the nation.

Additionally, Illinois has 110 election jurisdictions and it would be
difficult for the State and the local jurisdictions to calculate to
determine which particular local election jurisdiction expenditures
incurred during 2000 would be considered qualified for
maintenance-of-effort status, and retroactively impose that requirement
for all fiscal years of the HAVA program. The resources necessary to
research and identify these additional contributions would be burdensome
on the state as well as the local jurisdictions.

In summary, we believe that Illinois acted in good faith to implement
the maintenance-of-effort mandates of the HAVA act in compliance with
the letter of the HAVA act, and following the directives & guidance of
EAC staff during the disbursement period. We feel that to retroactively
impose additional monetary requirements after program agreements are
executed and monies spent is an 'after-the-fact' change in contract
terms that results in unnecessary hardships to State, local election
authorities, and the public that they serve.

Sincerely,

![](media/image2.png){width="2.9277777777777776in" height="0.75in"}

Daniel W. White

Executive Director