United States 

Election Assistance 

Commission 

State Governments’ 

Use of Help America 

Vote Act Funds 

2007 

Coverage Period: 

Title I: Section 101 and 102 Funds 

April 2003 to December 2007 

Title II: Section 251 Funds 

June 2004 to September 2007 

A report to the 110th Congress of the United States 

July 2008 

Foreward 

The Help America Vote Act of 2002 (HAVA) allocated funds for all 50 states, the 

District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam and American 

Samoa (hereinafter referred to as “States”) to improve the Federal voting process 

with new technologies and increased information and access for voters, election 

officials and poll workers. 

To help finance these improvements, HAVA authorized election reform 

assistance to State governments. Nearly $3 billion in Federal funds, with 

additional State matching contributions of approximately $122 million, have 

been distributed. Before the establishment of the Election Assistance Commission 

(EAC), the General Services Administration (GSA) distributed $649.5 million to 

States between April and August 2003 under HAVA Title I, Section 101 and 

Section 102. The EAC distributed more than $2.3 billion of HAVA Title II, Section 

251 funds between June 2004 and December 2005. GSA and the EAC allocated 

funds to States based upon criteria contained in HAVA, such as the proportion of 

total voting age population of a State to the total voting age population of all 

States or the number of precincts in a State. 

In Fiscal Year (FY) 2008, Congress appropriated $115 million in additional 

HAVA Title II, Section 251 requirements payments. Congress did not authorize 

these payments until after the close of the reporting period covered by this 

report; therefore, the FY 2008 requirements payments are not included. 

As of December 31, 2007, for Title I, Sections 101 and 102, and as of September 30, 

2007 for Title II, Section 251, States reported HAVA funds expenditures of 

$1,992,940,668 and a balance of unspent funds of $1,206,482,980. The balance 

includes $230,563,031 in interest earned on HAVA funds deposited in the State 

Election Fund accounts. This amount does not include State matching funds. 

This report provides details on HAVA election reform funds received and spent 

by each State and related information regarding the administration and 

monitoring of HAVA election reform funds. 

Table of Contents 

Introduction ............................................................................................................1 

Purpose and Scope..........................................................................................................................1 

Background .......................................................................................................................................1 

Methodology.....................................................................................................................................1 

Summary..................................................................................................................3 

Status of HAVA Funds..................................................................................................................3 

Table 2.1 – Total HAVA Funds Received and Expended By States .......................3 

Use of HAVA Funds ......................................................................................................................5 

Chart 2.1 – 2007 Use of HAVA Funds: Title I, Sections 101 & 102 and HAVA 

Title II, Section 251 .............................................................................................6 

Section 101...............................................................................................................7 

Background .......................................................................................................................................7 

Status of HAVA Title I, Section 101 Funds............................................................................7
 

Table 3.1 – Receipt and Expenditure of HAVA Title I, Section 101 Funds..........8 

Use of HAVA Title I, Section 101 Funds.................................................................................9 

Chart 3.1 – Calendar Year 2007 Use of HAVA Title I, Section 101 Funds..........10 

Section 102.............................................................................................................11 

Background .....................................................................................................................................11 

HAVA Title I, Section 102 Deadlines.....................................................................................11 

Table 4.1 – Deadlines for HAVA Title I, Section 102 Funds....................................12 

Status of HAVA Title I, Section 102 Funds..........................................................................13 

Table 4.2 – Receipt and Expenditure of HAVA Title I, Section 102 Funds........13 

Use of HAVA Title I, Section 102 Funds...............................................................................15 

Chart 4.1 – Calendar Year 2007 Use of HAVA Title I, Section 102 Funds..........15 

Section 251.............................................................................................................16 

Background .....................................................................................................................................16 

Status of HAVA Title II, Section 251 Funds ........................................................................16 

2Chart 5.1 – Fiscal Year 2007 Use of HAVA Title II, Section 251 Funds ...............17 

Use of HAVA Title II, Section 251 Funds.............................................................................18 

Chart 5.1 – Fiscal Year 2007 Use of HAVA Title II, Section 251 Funds ...............20 

Matching Funds....................................................................................................21 

Background .....................................................................................................................................21 

Status and Use of State Match Funds ....................................................................................21 

Table 6.1 – Status of State Match Funds..........................................................................22 
State Administration of HAVA Funds ............................................................24 

State Plans ........................................................................................................................................24 

Table 7.1 – State Plan Status ................................................................................................26 

Certifications...................................................................................................................................27 

Table 7.2 – State Certifications Filed under HAVA Section 251(b)(2) ................27 

EAC Monitoring of HAVA Funds ....................................................................29 

Background .....................................................................................................................................29 

Reporting..........................................................................................................................................30 

Office of Inspector General........................................................................................................31 

Table 8.1 Office of Inspector General Audits of States..............................................32 
 

Introduction 

Purpose and Scope 

This report provides information to the U.S. Congress, State governments, and 

the public about States’ use of HAVA funds from April 2003 through December 

2007. The funds covered by this report were authorized under Sections 101, 102 

and 251 of HAVA. States also received funds under Section 261 of HAVA to 

address the accessibility of polling places for individuals with disabilities. 

Section 261 funds are administered by the U.S. Department of Health and 

Human Services and are not included in this report. 

Background 

Congress passed HAVA, in part, to provide funds to States to make election 

administration improvements and to establish the EAC to assist in the 

administration of Federal elections. In total, HAVA authorized $3.86 billion for 

distribution to States. Congress appropriated approximately $3 billion in election 

reform payments under Sections 101, 102 and 251 of HAVA in the period 

covered by this report. 

Methodology 

The data in this report are based on annual reports covering 2003 through 2007 

that were submitted by the States. To identify expenditures of HAVA funds, 

EAC primarily used the total Federal share of net outlays reported in State 

financial reports (Standard Form 269). This amount includes both cash 

disbursements and unliquidated obligations, less any refunds or rebates.1 The 

EAC extracted information from State narrative reports to categorize 

expenditures by type of authorized HAVA activity. 

Two States, New Hampshire and Guam, did not submit the required annual 

reports. EAC was notified that the reporting deficiency for Guam was due to the 

departure of the Executive Director in January 2008. EAC is continuing to work 

with the Guam Election Office and anticipates having reports filed later this year. 

New Hampshire, in response to EAC’s notification of missing reports, informed 

the EAC that they did not believe they were legally obligated to file annual 

reports. Additionally, several States submitted late reports; failed to uniformly 

complete Standard Form 269 (SF-269); did not provide supporting information 

that presented expenditures by category of HAVA authorized activities; or did 

not relate their expenditures to their State plan. 

EAC identified several instances of non-compliance with HAVA and reporting 

errors through the review of State financial reports. EAC is working with States 

to resolve these matters. In addition, EAC will schedule site visits as necessary to 

1 Unliquidated obligations represent the amount of grants or contracts awarded or order placed for which payments have not been made. 

1 
provide technical assistance or to review State processes and procedures based 

on potential non-compliance with HAVA or applicable Federal administrative 

requirements. EAC also provides a list of potential issues and anomalies to the 

Office of Inspector General (OIG) for use in planning upcoming audit priorities. 

Finally, the EAC may request that the OIG conduct a special audit of noncompliant States. 

EAC sent 115 letters to 51 States requesting missing or amended 2007 reports. 

Additionally, EAC staff exchanged emails and phone calls with several States 

and visited three States to clarify and obtain information. However, several 

States were unable to rectify the issues identified in the EAC’s review prior to 

submission of this report. A few States were either in the process of an audit or 

audit appeal and the EAC determined that amended reports should be filed at 

the close of the audit process. Consequently, some States did not submit all of the 

required information for this report. 

The narrative reports submitted by States often did not clearly segregate 

expenditures, did not correspond to the financial forms, and did not relate 

expenditures to the State plan. The EAC is developing a standard format for 

performance reports to aid States in next year’s submission. 

Overall, this report reflects an improvement in the timely submission and 

accuracy of the financial reports submitted by the States. Most States were very 

receptive to requests for additional information and worked with EAC staff to 

provide the revised reports in a timely fashion. Based on the frequently 

identified reporting issues, EAC will develop reporting guides to assist States in 

future submissions. EAC will continue to work with States to resolve the issues 

identified and to ensure the appropriate use of HAVA funds. 

2 
 

Summary 

Status of HAVA Funds 

Overall, States spent 67 percent ($1,992,940,668) of HAVA funds received 

($2,968,860,617). States earned $230,563,031 of interest on deposits of HAVA 

funds into the States’ Election Fund. Interest earned on deposits of HAVA funds 

is retained in the States’ Election Fund and is to be expended by the States for 

purposes consistent with HAVA. In total, $1,206,482,980 in HAVA funds and 

interest has not been expended as of December 31, 2007 for HAVA Title I, Section 

101 and Section 102 and September 30, 2007 for HAVA Title II, Section 251. 

Eighty percent of States have expended more than 50 percent of the total HAVA 

funds received. Three States have expended the full amount of HAVA funds 

received and have only interest income remaining. In contrast, five States have 

spent less than 25 percent of the HAVA funds, and these States account for 

approximately 28 percent ($340,966,645) of the total unexpended balance of 

funds. A financial summary of HAVA payments to States, State expenditures, 

percent of funds expended, interest earned and the balance of unspent funds is 

presented in Table 2.1. 

Table 2.1 – Total HAVA Funds Received and Expended By States 1 of 2 

State

Total HAVA 

Funds 

Received($)a

Total HAVA 

Funds 

Expended($)b

Percent (%)

of Funds 

Expendedc

Interest 

Earned ($) Balance($)d

Alabama 40,907,194 23,999,806 58.67 2,307,571 19,214,959

Alaska 16,596,803 8,782,911 52.92 1,660,962 9,474,854

American Samoa 3,319,361 2,365,629 71.27 170,823 1,124,555

Arizona 47,600,072 25,112,990 52.76 4,312,796 26,799,878

Arkansas 27,761,473 24,416,169 87.95 2,088,167 5,433,472

California 348,900,661 196,291,574 56.26 27,839,221 180,448,308

Colorado 41,582,761 34,098,450 82.00 4,558,918 12,043,229

Connecticut 32,719,501 19,055,375 58.24 3,584,202 17,248,328

Delaware 16,596,803 9,577,730 57.71 891,297 7,910,370

District of Columbia 16,596,803 5,581,628 33.63 1,171,410 12,186,585

Florida 158,531,048 105,534,534 66.57 13,694,590 66,691,104

Georgia 77,304,946 76,867,710 99.43 1,351,515 1,788,750

Guame 3,319,361 2,479,333 74.69 0 840,028

Hawaii 16,596,803 7,132,132 42.97 1,530,929 10,995,600

Idaho 16,596,803 11,629,134 70.07 1,884,673 6,852,342

Illinois 143,529,899 126,145,653 87.89 8,610,052 25,994,298

Indiana 64,297,862 59,640,532 92.76 2,962,270 7,619,600

Iowa 28,739,383 27,320,442 95.06 1,909,170 3,328,111

Kansas 26,409,789 20,096,710 76.10 2,697,849 9,010,928

Kentucky 38,067,744 19,423,367 51.02 3,037,968 21,682,345

Louisiana 47,330,777 45,319,161 95.75 3,861,141 5,872,757

Maine 16,596,803 9,206,814 55.47 1,719,134 9,109,124

3 
 

 

 

Table 2.1 – Total HAVA Funds Received and Expended By States 2 of 2 

State 

Total HAVA 

Funds 

Received($)a 

Total HAVA 

Funds 

Expended($)b 

Percent (%) 

of Funds 

Expendedc 

Interest 

Earned ($) Balance($)d 

Maryland 49,752,770 36,104,799 72.57 2,960,940 16,608,911

Massachusetts 60,332,104 12,360,258 20.49 3,412,247 51,384,093

Michigan 94,699,081 68,029,390 71.84 6,964,351 33,634,043

Minnesota 44,492,574 39,480,586 88.74 4,373,209 9,385,197

Mississippi 27,869,654 23,709,270 85.07 1,398,786 5,559,170

Missouri 62,262,661 54,400,098 87.37 4,516,279 12,378,842

Montana 16,596,803 14,234,858 85.77 718,520 3,080,466

Nebraska 18,749,549 15,718,747 83.84 1,316,506 4,347,309

Nevada 21,166,810 14,424,071 68.14 1,130,345 7,873,084

New Hampshiref 16,596,803 1,616,232 9.74 19,313 14,999,884

New Jersey 84,904,403 66,726,053 78.59 5,853,282 24,031,632

New Mexico 19,279,790 20,321,871 105.41 1,100,797 58,716

New York 219,512,672 16,312,955 7.43 27,313,610 230,513,327

North Carolina 74,259,370 59,137,496 79.64 6,083,576 21,205,450

North Dakota 16,596,803 9,951,859 59.96 937,062 7,582,006

Ohio 132,045,112 132,457,123 100.31 7,468,021 7,056,010

Oklahomag 32,659,638 3,537,643 10.83 0 29,121,995

Oregon 33,863,941 17,935,622 52.96 2,420,908 18,349,227

Pennsylvania 134,818,949 123,351,252 91.49 19,700,663 31,168,360

Puerto Rico 5,470,505 1,629,076 29.78 391,873 4,233,302

Rhode Island 16,596,803 15,891,184 95.75 598,812 1,304,432

South Carolina 39,241,210 37,535,148 95.65 1,221,290 2,927,352

South Dakota 16,596,803 6,308,427 38.01 1,262,549 11,550,925

Tennessee 54,714,608 24,724,511 45.19 5,544,858 35,534,956

Texas 184,168,065 136,428,518 74.08 11,493,496 59,233,043

Utah 25,284,968 25,338,790 100.21 1,605,331 1,551,509

Vermont 16,596,803 3,578,457 21.56 1,929,001 14,947,346

Virginia 69,121,820 39,653,733 57.37 4,777,118 34,245,205

Virgin Islands 3,319,361 1,353,135 40.76 98,635 2,064,861

Washington 60,093,850 38,554,347 64.16 4,583,853 26,123,356

West Virginia 20,630,100 19,375,498 93.92 1,244,987 2,499,589

Wisconsin 50,066,781 40,432,369 80.76 4,482,454 14,116,866

Wyoming 16,596,803 12,249,507 73.81 1,795,699 6,142,995

Totalh 2,968,860,617 1,992,940,668 67.13 230,563,031 1,206,482,980 aTotal HAVA Funds Received reflects total funds received under HAVA as of December 31, 2007 for Title I, Section 101 and 102 and as of 

September 30, 2007 for Title II, Section 251. The amount does not include interest earned on deposits of HAVA funds into the States’ Election Fund. bTotal HAVA Funds Expended includes cash disbursements and unliquidated obligations. This amount does not include expenditures for State 

Match or Maintenance of Effort requirements. 

cStates were able to expend the interest earned on the deposit of HAVA funds into the States’ Election Fund, which is why some states expended a 

greater percentage of funds than received. 

dBalance includes interest earned on deposits of HAVA funds into the States’ Election Fund. The balance does not include State Match amounts nor 

interest earned on State Match amounts. 

eGuam did not file a report for either Section 101 for CY 2007 or Section 251 for FY 2007. The data provided is taken from the last report filed, which 

reported Section 101 and Section 251 in a joint report covering FY 2006. Interest has never been reported. f

New Hampshire did not file a report for either Section 101 for CY 2007 or Section 251 for FY 2007. The last report filed for Section 101 covered the 

period of 7/1/2003 through December 31, 2004, and the last report filed for Section 251 covered FY 2004. Interest data was taken from the FY 2004 

Section 251 report. The data provided is taken from the cumulative amounts provided in the FY 2007 State of New Hampshire Single Audit Report. gOklahoma did not deposit HAVA funds in an interest-bearing account. EAC is working with state election officials to resolve this issue. hTotal HAVA Funds Received changed by 2 dollars from the EAC 2007 report due to a rounding error. 

4 
 

Use of HAVA Funds 

In general, HAVA funds may be used for the following activities: 

•	 Improving, acquiring, leasing, modifying, or replacing voting systems and 

technology and methods for casting and counting votes. 

•	 Developing and implementing a computerized statewide voter 

registration list. 

•	 Implementing provisional voting. 

•	 Providing voter information at the polling place. 

•	 Establishing identification requirements for first-time voters who register 

to vote by mail. 

•	 Improving the administration of elections for Federal office. 

2007 Use of HAVA Funds 

In 2007, States reported a total of $386,939,110 in expenditures under Sections 

101, 102, and 251 of HAVA. Of the total funds expended in 2007, States expended 

9 percent of Section 101 funds, 2 percent of Section 102 funds, and 89 percent out 

of Section 251 funds. 

Of the total HAVA funds, States expended 64 percent for improving, acquiring, 

leasing, modifying, or replacing voting systems and technology and methods for 

casting and counting votes. These expenditures accounted for the largest 

percentage of allowable expenditures. Seventeen percent of funds expended 

were for the development and implementation of a computerized statewide 

voter registration list. States used 7 percent of funds to improve the 

administration of elections for Federal office. Less than 1 percent of funds were 

expended on either implementing provisional voting or providing voter 

information at the polling place. No expenditures were reported in 2007 for 

establishing identification requirements for first-time voters who register to vote 

by mail. Finally, EAC classified 11 percent of reported expenditures as 

“uncategorized” because many of the expenditures were not reported clearly or 

reports were missing information. Chart 2.1 details the breakdown of HAVA 

expenditures across allowable categories. 

5 
7% 

11% 

0% 

1% 

17% 

64% 

Voting Systems 

Voter Registration Databases 

Provisional Voting 

IDs for First Time Registrants 

Election Administration Improvement 

Uncategorized 

Chart 2.1 – 2007 Use of HAVA Funds: Title I, Sections 101 & 102 and 

HAVA Title II, Section 251 

6 
 

Section 101 

Background 

To qualify for Section 101 funds, States certified to GSA that the funds would be 

used consistent with the provisions of HAVA Title III and the laws listed in 

Section 9062 of HAVA, as such laws related to the provisions of HAVA. GSA 

distributed Section 101 funds to States between April 2003 and August 2003. 

The total amount of Section 101 funds appropriated for all States was 

$349,182,262. GSA and EAC computed payments to each State through a twostep process: 

•	 First, one-half of 1 percent of the aggregate amount ($349,182,262) was 

allocated to each state and the District of Columbia, and one-tenth of 1 

percent of the aggregate was allocated to each territory (Guam, Puerto 

Rico, American Samoa, and the United States Virgin Islands). 

•	 Second, all remaining funds were allocated to all jurisdictions on the basis 

of their proportionate share of the voting age population as reported in 

the 2000 census. 

Section 101 funds were to be deposited in the States’ Election Fund and earn 

interest consistent with the provisions of HAVA Section 254(b). Section 101 funds 

and interest earned on deposits of Section 101 funds have no fiscal year 

limitations. 

Status of HAVA Title I, Section 101 Funds 

Overall, States spent 66 percent ($230,404,605) of Section 101 funds received 

($349,182,262). States earned $32,866,379 of interest on deposits of HAVA funds 

into the State Election Fund. In total, $151,644,036 in Section 101 funds and 

interest have not been expended as of December 31, 2007. 

To date, 58 percent of States have expended more than 50 percent of the Section 

101 funds received. Of these States, nine States have expended all Section 101 

funds as well as the interest earned on those funds; one State expended all 

Section 101 funds received and only interest remains; and six States expended 

more than 90 percent of Section 101 funding. Eight States have spent less than 25 

percent of Section 101 funds. A financial summary of Section 101 funds received 

2 HAVA Section 906 lists the following laws: The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.), The Voting Accessibility for the 

Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.), The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et 

seq.), The National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.), The Americans with Disabilities Act of 1990 (42 U.S.C. 

12101 et seq.), The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). 

7 
 

by States, State expenditures, percent of funds expended, interest earned and the 

balance of unspent funds is presented in Table 3.1. 

Table 3.1 – Receipt and Expenditure of HAVA Title I, Section 101 Funds 1 of 2 

State 

Total Section 

101 Funds 

Received($)a 

Total Section 

101 Funds 

Expended ($)b 

Percent (%) 

of Funds 

Expendedc 

Interest 

Earned ($) Balance($)d 

Alabama 4,989,605 1,162,700 23.30 316,015 4,142,920 

Alaska 5,000,000 3,666,621 73.33 519,488 1,852,867 

American Samoa 1,000,000 888,433 88.84 58,450 170,017 

Arizona 5,451,369 2,095,600 38.44 496,350 3,852,119 

Arkansas 3,593,165 3,819,452 106.30 226,287 0 

California 27,340,830 23,311,922 85.26 2,122,393 6,151,301 

Colorado 4,860,301 2,225,523 45.79 621,569 3,256,347 

Connecticut 5,000,000 3,677,669 73.55 482,567 1,804,898 

Delaware 5,000,000 4,590,029 91.80 406,885 816,856 

District of Columbia 5,000,000 1,858,976 37.18 351,414 3,492,438 

Florida 14,447,580 13,009,193 90.04 1,254,020 2,692,407 

Georgia 7,816,328 7,235,712 92.57 690,117 1,270,733 

Guame 1,000,000 827,234 82.72 0 172,766 

Hawaii 5,000,000 1,071,250 21.43 973,738 4,902,488 

Idaho 5,000,000 911,207 18.22 1,009,756 5,098,549 

Illinois 11,129,030 9,520,597 85.55 953,609 2,562,042 

Indiana 6,230,481 1,905,030 30.58 792,418 5,117,869 

Iowa 5,000,000 5,233,216 104.66 233,216 0 

Kansas 5,000,000 1,467,327 29.35 1,015,390 4,548,063 

Kentucky 4,699,196 357,653 7.61 740,080 5,081,623 

Louisiana 4,911,421 1,740,521 35.44 630,429 3,801,330 

Maine 5,000,000 3,094,492 61.89 484,467 2,389,975 

Maryland 5,636,731 1,826,290 32.40 673,695 4,484,135 

Massachusetts 6,590,381 2,885,913 43.79 454,076 4,158,544 

Michigan 9,207,323 2,194,720 23.84 1,098,191 8,110,794 

Minnesota 5,313,786 5,376,731 101.18 62,945 0 

Mississippi 3,673,384 2,787,804 75.89 376,185 1,261,765 

Missouri 5,875,170 2,595,755 44.18 619,510 3,898,925 

Montana 5,000,000 3,143,621 62.87 348,720 2,205,099 

Nebraska 5,000,000 2,696,691 53.93 765,142 3,068,452 

Nevada 5,000,000 3,449,573 68.99 297,376 1,847,803 

New Hampshiref 5,000,000 1,616,232 32.32 0 3,383,768 

New Jersey 8,141,208 8,141,208 100.00 659,559 659,559 

New Mexico 5,000,000 5,198,324 103.97 198,324 0 

New York 16,494,325 16,240,998 98.46 2,404,177 2,657,504 

North Carolina 7,887,740 6,825,359 86.53 555,586 1,617,967 

North Dakota 5,000,000 5,063,997 101.28 63,997 0 

Ohio 10,384,931 10,811,768 104.11 426,837 0 

Oklahomag 5,000,000 1,014,941 20.30 0 3,985,059 

Oregon 4,203,776 4,262,975 101.41 59,199 0 

Pennsylvania 11,323,168 11,222,620 99.11 1,235,240 1,335,788 

Puerto Rico 3,151,144 1,199,149 38.05 243,980 2,195,976 

Rhode Island 5,000,000 5,189,105 103.78 189,105 0 

South Carolina 4,652,412 3,162,100 67.97 554,537 2,044,849 

8 
 

 

 

Table 3.1 – Receipt and Expenditure of HAVA Title I, Section 101 Funds 2 of 2 

State 

Total Section 

101 Funds 

Received($)a 

Total Section 

101 Funds 

Expended($)b 

Percent (%) 

of Funds 

Expendedc 

Total 

Interest 

Earned($) Balance($)d 

South Dakota 5,000,000 894,429 17.89 624,178 4,729,749 

Tennessee 6,004,507 1,218,632 20.30 677,215 5,463,090

Texas 17,206,595 7,025,246 40.83 2,260,323 12,441,672 

Utah 3,090,943 1,985,102 64.22 445,668 1,551,509

Vermont 5,000,000 3,578,457 71.57 499,793 1,921,336 

Virginia 7,105,890 2,202,446 30.99 812,986 5,716,430

Virgin Islands 1,000,000 999,018 99.90 21,266 22,248 

Washington 6,098,449 6,357,496 104.25 259,047 0

West Virginia 2,977,057 2,582,213 86.74 83,067 477,911 

Wisconsin 5,694,036 1,579,003 27.73 587,519 4,702,553

Wyoming 5,000,000 1,406,333 28.13 930,278 4,523,945 

Total 349,182,262 230,404,605 65.98 32,866,379 151,644,036 aTotal Section 101 Funds Received reflects total funds received under HAVA Title I, Section 101 as of December 31, 2007. This amount does not 

include interest earned on deposits of HAVA Title I, Section 101 funds into the States’ Election Fund. bTotal Section 101 Funds Expended includes cash disbursements and unliquidated obligations under HAVA Title I, Section 101 as of December 31, 

2007. 

cStates were able to expend the interest earned on the deposit of HAVA Title I, Section 101 funds into the States’ Election Fund, which is why some 

states expended a greater percentage of funds than received. 

dBalance includes interest earned as of December 31, 2007 on deposits of HAVA Title I, Section 101 funds into the States’ Election Fund. eGuam did not file a report for Section 101 for CY 2007. The data provided is taken from the last report filed, which reported Section 101 and Section 

251 in a joint report covering FY 2006. Interest has never been reported. f

New Hampshire did not file a report for Section 101 for CY 2007. The last report filed for Section 101 covered the period of 7/1/2003 through 

December 31, 2004. Interest has never been reported. The data provided is taken from the cumulative amounts provided in the FY 2007 State of New 

Hampshire Single Audit Report. 

gOklahoma did not deposit HAVA Title I, Section 101 funds in an interest-bearing account. EAC is working with state election officials to resolve this 

issue. 

Use of HAVA Title I, Section 101 Funds 

States may generally use Title I, Section 101, funds to carry out the following 

activities: 

•	 Complying with the requirements of Title III for uniform and 

nondiscriminatory election technology and administration requirements. 

•	 Improving the administration of elections for Federal office. 

•	 Educating voters about voting procedures, voting rights and voting 

technology.
 

•	 Training election officials, poll workers and election volunteers. 

•	 Developing the state plan for managing requirements payments 

authorized under HAVA Section 251. 

•	 Improving, acquiring, leasing, modifying, or replacing voting systems and 

technology and methods for casting and counting votes. 

•	 Improving the accessibility and quantity of polling places, including 

providing access for individuals with visual impairments. 

9 
7% 0% 

13% 

1% 

6% 26% 

7% 

40%
 

Voting Systems 

Voter Registration Databases 

Administration Costs 

Voter Education 

Training Officials, Developing State Plan, 

Accessibility 

Polling Place Requirements/Improvements, 

Hotlines, Poll Worker Recruitment and Training 

Uncategorized
 

Language Assistance
 

•	 Providing assistance to Native Americans, Alaska Native citizens, and to 

individuals with limited proficiency in the English language. 

•	 Establishing toll-free telephone hotlines that voters may use to report 

possible voting fraud and voting rights violations; to obtain general 

election information; and to process detailed automated information on 

their own voter registration status, specific polling place locations, and 

other relevant information. 

Calendar Year 2007 Use of HAVA Title I, Section 101 Funds 

During Calendar Year (CY) 2007, States expended $35,239,710 of Section 101 

funds. Of the reported expenditures, 40 percent went toward voter registration 

database activities and 26 percent went toward voting systems. Approximately 

13 percent of Section 101 funds were used for administrative activities and 7 

percent of funds were used for voter education. States expended 6 percent of 

funds for training officials, developing the State plan and accessibility 

improvements combined. Less than 1 percent of Section 101 funds were used 

toward combined total expenditures in the areas of polling place 

requirements/improvements, voter toll-free hotlines and poll worker 

recruitment and training. From the information supplied in the reports, there 

was no mention of expenditures in the area of language assistance. Finally, 7 

percent of the reported expenditures were classified as “uncategorized” because 

either the narrative did not provide sufficient information or the expenditures 

did not fall under a specific category. 

Chart 3.1 – Calendar Year 2007 Use of HAVA Title I, Section 101 Funds 

10 
 

 

 

Section 102 

Background 

To qualify for a Section 102 payment, States submitted a notice to the 

Administrator of GSA, which included a certification that the State would meet 

the following requirements: 

•	 Use the payment either directly or as a reimbursement for the costs of 

replacing punch card or lever voting systems by the required deadline. 

•	 Obtain replacement voting systems that would meet the requirements of 

HAVA Section 301.3 

•	 Comply with applicable Federal laws. 

GSA distributed $300,317,737 in Section 102 funds to 30 States between April and 

June 2003. In accordance with HAVA Section 102, these funds were distributed 

based on the number of precincts within an eligible State that used punch card or 

lever voting systems during the November 2000 Federal general election. Section 

102 funds were to be deposited in the States’ Election Fund and earn interest 

consistent with the provisions of HAVA Section 254(b). While Section 102 

funding is subject to the deadlines established by HAVA, interest earned on 

deposits of Section 102 funds has no fiscal year limitations. 

HAVA Title I, Section 102 Deadlines 

Recipients of Section 102 funds were to replace punch card and lever voting 

systems by November 2, 2004, unless a State filed for a waiver with GSA under 

HAVA Section 102(a)(3)(B). States that received a waiver from GSA had until the 

first Federal election in the State in 2006 to replace the voting systems. On May 

25, 2007, Congress extended the deadline for the use of Section 102 funds to the 

date of the first Federal election held in the State after March 1, 2008.4 The 

extension applies only to those States that received a waiver of the 2004 date. 

Table 4.1 provides information on the States that received Section 102 funds, the 

date of the waiver filed, and the deadline for compliance and expenditure of 

HAVA Title I, Section 102 funds. 

3 HAVA Section 301 requires voting systems to permit the voter to verify the votes selected before the ballot is case and to change the 

ballot before the ballot is cast and counted; notify the voter if more than a single candidate is selected and the impact of selecting more 

than one candidate, and allow the voter to correct the ballot; provide a voter education system for jurisdictions that use paper ballot, punch 

card, or central count voting systems; produce an auditable record; be accessible for individuals with disabilities; provide alternate language 

accessibility; and meet minimum error rates for counting ballots. 

4 The extension is contained in the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act 

of 2007, Public Law 110-28. 

11 
 

 

Table 4.1 – Deadlines for HAVA Title I, Section 102 Funds 1 of 1 

State Date of Waiver 102 Deadline 

Alabama None Filed November 2, 2004 

Arizona None Filed November 2, 2004 

Arkansas January 23, 2003 May 20, 2008 

California January 23, 2003 April 8, 2008 

Colorado January 23, 2003 August 12, 2008 

Florida None Filed November 2, 2004 

Georgia None Filed November 2, 2004 

Illinois July 8, 2003 November 4, 2008 

Indiana December 29, 2003 May 6, 2008 

Kentucky December 5, 2003 May 20, 2008 

Louisiana December 5, 2003 March 8, 2008 

Maryland None Filed November 2, 2004 

Massachusetts January 23, 2003 September 16, 2008 

Michigan December 30, 2003 August 5, 2008 

Mississippi December 16, 2003 March 11, 2008 

Missouri December 11, 2003 August 5, 2008 

New Jersey January 23, 2003 June 3, 2008 

New York January 23, 2003 September 9, 2008 

North Carolina December 11, 2003 May 6, 2008 

Ohio December 24, 2003 March 4, 2008 

Oregon None Filed November 2, 2004 

Pennsylvania January 23, 2003 April 22, 2008 

South Carolina None Filed November 2, 2004 

Tennessee January 23, 2003 August 7, 2008 

Texas January 23, 2003 March 4, 2008 

Utah December 17, 2003 June 24, 2008 

Virginia December 4, 2003 June 10, 2008 

Washington December 12, 2003 August 19, 2008 

West Virginia December 17, 2003 May 13, 2008 

Wisconsin January 23, 2003 September 9, 2008 

States that have not replaced punch card or lever voting systems or that possess 

unobligated funds after the applicable Section 102 deadline must return the 

funds to the EAC. The amount of the funds to be returned is the greater of either: 

•	 The amount of unobligated funds, or 

•	 The amount equal to the noncompliant precinct percentage, which is the 

number of qualifying precincts which did not meet the deadline in 

relation to the total number of qualifying precincts, multiplied by the total 

amount of Section 102 payments provided to the State. 

The EAC will determine whether a State complied with the requirement to 

replace punch card or lever voting systems and whether there are any 

unobligated funds after the deadline has expired through (1) a review of the 

12 
 

annual financial reports filed by the States and (2) a certification by the chief 

State election official on the status of the purchase and installation of HAVAcompliant voting equipment and Section 102 funds by the due date. EAC will 

redistribute Section 102 funds that are recouped to all States as Section 251 

requirements payments. 

Status of HAVA Title I, Section 102 Funds 

States spent 84 percent ($253,140,639) of Section 102 funds received 

($300,717,737). States have earned $20,273,731 of interest on deposits of Section 

102 funds into the States’ Election Fund. In total, $67,450,828 in HAVA Title I, 

Section 102 funds and interest has not been expended as of December 31, 2007. 

Of this amount, $51,060,989 is subject to the deadlines established for Section 102 

funding. Interest earned on Section 102 funds is not subject to the deadlines or 

funding restrictions established for Section 102. 

As of December 31, 2007, all but three States have expended more than 90 

percent of the Section 102 funds received by the State. Of the 30 States that 

received Section 102 funding, 18 have expended the full amount of Section 102 

funding. The state of New York has not expended any of its Section 102 funds. 

New York’s share, $49,603,917, makes up 97 percent of the funds subject to the 

Section 102 deadlines. A financial summary of Section 102 funds received by 

States, State expenditures, percent of funds expended, interest earned and the 

balance of unspent funds is presented in Table 4.2. 

Table 4.2 – Receipt and Expenditure of HAVA Title I, Section 102 Funds 1 of 2 

State 

Total 

Section 102 

Funds 

Received($)a 

Total Section 

102 Funds 

Expended($)b 

Percent (%)

of Funds 

Expendedc 

Balance of

Section 

102 

Funds($) 

Interest 

Earned ($) Balance($)d 

Alabama 51,076 919 1.80 50,157 3,112 53,269

Alaska 0 0 N/A 0 0 0

American Samoa 0 0 N/A 0 0 0

Arizona 1,564,188 1,564,188 100.00 0 0 0

Arkansas 2,569,738 2,754,653 107.20 0 184,915 0

California 57,322,707 57,322,707 100.00 0 1,092,500 1,092,500

Colorado 2,177,095 2,323,852 106.74 0 146,757 0

Connecticut 0 0 N/A 0 0 0

Delaware 0 0 N/A 0 0 0

District of Columbia 0 0 N/A 0 0 0

Florida 11,581,377 11,581,377 100.00 0 37,948 37,948

Georgia 4,740,448 4,740,448 100.00 0 0 0

Guam 0 0 N/A 0 0 0

Hawaii 0 0 N/A 0 0 0

Idaho 0 0 N/A 0 0 0

Illinois 33,805,617 33,669,568 99.60 136,049 1,225,109 1,361,158

Indiana 9,522,394 9,664,434 101.49 0 142,040 0

13
 
 

 

Table 4.2 – Receipt and Expenditure of HAVA Title I, Section 102 Funds 2 of 2 

State 

Total 

Section 102 

Funds 

Received($)a 

Total Section 

102 Funds 

Expended($)b 

Percent (%) 

of Funds 

Expendedc 

Balance of 

Section 

102 

Funds($) 

Interest 

Earned ($) Balance($)d 

Iowa 0 0 N/A 0 0 0

Kansas 0 0 N/A 0 0 0 

Kentucky 469,256 469,229 99.99 27 18,497 18,523 

Louisiana 7,351,684 7,545,474 102.64 0 193,790 0 

Maine 0 0 N/A 0 0 0 

Maryland 1,637,609 1,637,609 100.00 0 41,935 41,935 

Massachusetts 1,519,497 1,446,076 95.17 73,421 8,950 82,371 

Michigan 6,531,284 6,432,323 98.48 98,961 386,636 485,596 

Minnesota 0 0 N/A 0 0 0 

Mississippi 1,778,067 1,883,992 105.96 0 105,925 0 

Missouri 11,472,841 12,119,621 105.64 0 646,780 0

Montana 0 0 N/A 0 0 0 

Nebraska 0 0 N/A 0 0 0

Nevada 0 0 N/A 0 0 0 

New Hampshire 0 0 N/A 0 0 0 

New Jersey 8,695,609 8,979,371 103.26 0 283,762 0 

New Mexico 0 0 N/A 0 0 0 

New York 49,603,917 0 0.00 49,603,917 7,917,105 57,521,022 

North Carolina 893,822 893,822 100.00 0 0 0 

North Dakota 0 0 N/A 0 0 0 

Ohio 30,667,664 31,854,565 103.87 0 1,186,901 0 

Oklahoma 0 0 N/A 0 0 0 

Oregon 1,822,758 1,711,406 93.89 111,352 38,488 149,840 

Pennsylvania 22,916,952 22,897,803 99.92 19,149 4,656,393 4,675,542 

Puerto Rico 0 0 N/A 0 0 0 

Rhode Island 0 0 N/A 0 0 0 

South Carolina 2,167,518 1,998,330 92.19 169,188 95,922 265,111 

South Dakota 0 0 N/A 0 0 0 

Tennessee 2,473,971 2,608,630 105.44 0 134,659 0 

Texas 6,269,521 6,266,685 99.95 2,836 280,554 283,391 

Utah 5,726,844 6,263,308 109.37 0 536,464 0 

Vermont 0 0 N/A 0 0 0 

Virginia 4,526,569 4,737,337 104.66 0 210,768 0 

Virgin Islands 0 0 N/A 0 0 0 

Washington 6,799,430 6,321,236 92.97 478,194 453,187 931,381 

West Virginia 2,349,474 2,460,605 104.73 0 111,131 0 

Wisconsin 1,308,810 991,072 75.72 317,738 133,505 451,243 

Wyoming 0 0 N/A 0 0 0 

Totale 300,317,737 253,140,639 84.29 51,060,989 20,273,731 67,450,828 aTotal Section 102 Funds Received reflects total funds received under HAVA Title I, Section 102 as of December 31, 2007. This amount does not include interest 

earned on deposits of Section 102 funds into the States’ Election Fund. 

bTotal Section 102 Funds Expended includes cash disbursements and unliquidated obligations under Section 102 as of December 31, 2007. cStates were able to expend the interest earned on the deposit of HAVA Title I, Section 102 funds into the States’ Election Fund, which is why some states expended a 

greater percentage of funds than received. Additionally, several states, in anticipation of the close of the Section 102 period of availability, transferred the remaining 

interest to Section 251. 

dBalance includes interest earned as of December 31, 2007 on deposits of Section 102 funds into the States’ Election Fund. 

eTotal HAVA Funds Received changed by 1 dollar from the 2007 report due to a rounding error. 

14
 
3% 3% 

94%
 

Voting Systems 

Interest Transferred 

Payment of Existing 

Obligations 

Use of HAVA Title I, Section 102 Funds 

States may use HAVA Title I, Section 102 payments only to acquire, via lease or 

purchase, voting systems to replace punch card or lever voting systems used to 

administer the November 2000 Federal general election. Funds could be used to 

directly purchase replacement voting systems or to reimburse voting system 

costs incurred on or after January 1, 2001 to replace punch card or lever systems. 

Replacement systems cannot use punch card or levers, must be consistent with 

the requirements of the laws described in HAVA Section 906 and must meet the 

requirements of HAVA Section 301. 

Calendar Year 2007 Use of HAVA Title I, Section 102 Funds 

During CY 2007, States spent $6,057,511 of Section 102 funds. Of these 

expenditures, 94 percent was used as cash disbursements to acquire, via lease or 

purchase, voting systems to replace punch card or lever voting systems. Of the 

remaining expenditures, 3 percent was used to liquidate existing obligations and 

3 percent represented transfers of interest to Section 251 accounts, made in 

anticipation of the closeout of the Section 102 funds. 

Chart 4.1 – Calendar Year 2007 Use of HAVA Title I, Section 102 Funds 

15 
Section 251 

Background 

To qualify for a HAVA Title II, Section 251 requirements payment, States filed a 

certification with the EAC affirming that the State: 

•	 Had filed and implemented a plan for uniform, nondiscriminatory 

administrative complaint procedures required by HAVA Section 402. 

•	 Had appropriated matching funds 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)...” 

•	 Had, to the extent that any portion of the requirements payment is used 

for activities other than meeting the requirements of Title II, provided that 

the proposed uses are not inconsistent with the requirements of HAVA 

Title III and are consistent with the usage restrictions set forth in HAVA 

Section 251(b). 

•	 Is in compliance with laws, as related to the provisions of HAVA, listed in 

Section 906 of HAVA. 

•	 Had filed a State Plan that complies with the requirements listed in
 

Sections 254, 255 and 256 of HAVA. 

The EAC distributed $829,999,999 in FY 2003 and $1,489,360,619 in FY 2004 in 

requirements payments to the States. An additional $115,000,000 was 

appropriated in FY 2008. Congress appropriated the FY 2008 requirements 

payments after the period covered by this report; therefore, the FY 2008 amount 

is not included this report. Section 251 funds were to be deposited in the States’ 

Election Fund and earn interest consistent with the provisions of HAVA Section 

254(b). Section 251 funds and interest earned on deposits of Section 251 funds 

have no fiscal year limitations. 

Status of HAVA Title II, Section 251 Funds 

States spent 65 percent ($1,509,395,423) of Section 251 funds received 

($2,319,360,618). States earned $177,706,683 of interest on deposits of HAVA 

funds into the State Election Fund. In total, $987,671,878 in Section 251 funds and 

interest has not been expended as of September 30, 2007. 

16 
 

The majority, 72 percent of States, expended more than 50 percent of Section 251 

funds. Fourteen states expended more than 90 percent of the funds. Of these 14 

States, four exhausted the full amount of funding received. In contrast, seven 

States expended less than 25 percent of the Section 251 funds, with three States 

expending less than 1 percent of the funds received. The funds held by these 

seven States account for 27 percent ($271,336,980) of the total Section 251 funds 

and interest remaining ($987,671,878). A financial summary of Section 251 funds 

received by States, State expenditures, percent of funds expended, interest 

earned and balance of unspent funds is presented in Table 5.1. 

Table 5.1 – Receipt and Expenditure of HAVA Title II, Section 251 Funds 1 of 2 

State 

Total 

Section 251 

Funds 

Receiveda 

Total 

Section 251 

Funds 

Expendedb

Percent (%) 

of Funds 

Expendedc 

Interest 

Earned Balanced 

Alabama $35,866,513 $22,836,187 63.67% $1,988,444 $15,018,771 

Alaska $11,596,803 $5,116,290 44.12% $1,141,474 $7,621,987 

American Samoa $2,319,361 $1,477,196 63.69% $112,373 $954,538 

Arizona $40,584,515 $21,453,202 52.86% $3,816,446 $22,947,759 

Arkansas $21,598,570 $17,842,064 82.61% $1,676,966 $5,433,472 

California $264,237,124 $115,656,945 43.77% $24,624,328 $173,204,508 

Colorado $34,545,365 $29,549,075 85.54% $3,790,592 $8,786,882 

Connecticut $27,719,501 $15,377,706 55.48% $3,101,635 $15,443,430 

Delaware $11,596,803 $4,987,701 43.01% $484,412 $7,093,513 

District of Columbia $11,596,803 $3,722,652 32.10% $819,996 $8,694,147 

Florida $132,502,091 $80,943,965 61.09% $12,402,622 $63,960,749 

Georgia $64,748,170 $64,891,550 100.22% $661,398 $518,018 

Guame $2,319,361 $1,652,099 71.23% $0 $667,262 

Hawaii $11,596,803 $6,060,882 52.26% $557,191 $6,093,112 

Idaho $11,596,803 $10,717,927 92.42% $874,917 $1,753,793 

Illinois $98,595,252 $82,955,488 84.14% $6,431,334 $22,071,098 

Indiana $48,544,987 $48,071,068 99.02% $2,027,813 $2,501,731 

Iowa $23,739,383 $22,087,226 93.04% $1,675,954 $3,328,111 

Kansas $21,409,789 $18,629,384 87.01% $1,682,460 $4,462,865 

Kentucky $32,899,292 $18,596,485 56.53% $2,279,391 $16,582,199 

Louisiana $35,067,672 $36,033,167 102.75% $3,036,922 $2,071,427 

Maine $11,596,803 $6,112,322 52.71% $1,234,667 $6,719,148 

Maryland $42,478,430 $32,640,900 76.84% $2,245,310 $12,082,840 

Massachusetts $52,222,226 $8,028,269 15.37% $2,949,221 $47,143,178 

Michigan $78,960,474 $59,402,346 75.23% $5,479,525 $25,037,652 

Minnesota $39,178,788 $34,103,855 87.05% $4,310,264 $9,385,197 

Mississippi $22,418,203 $19,037,474 84.92% $916,676 $4,297,405 

Missouri $44,914,650 $39,684,722 88.36% $3,249,989 $8,479,917 

Montana $11,596,803 $11,091,236 95.64% $369,800 $875,367 

Nebraska $13,749,549 $13,022,056 94.71% $551,364 $1,278,857 

Nevada $16,166,810 $10,974,498 67.88% $832,969 $6,025,281 

New Hampshiref $11,596,803 $0 0.00% $19,313 $11,616,116 

New Jersey $68,067,586 $49,605,475 72.88% $5,193,723 $23,655,835 

New Mexico $14,279,790 $15,123,547 105.91% $902,473 $58,716 

New York $153,414,430 $71,957 0.05% $16,992,328 $170,334,801 

17 
 

 

 

Table 5.1 – Receipt and Expenditure of HAVA Title II, Section 251 Funds 2 of 2 

State 

Total 

Section 251 

Funds 

Receiveda 

Total 

Section 251 

Funds 

Expendedb 

Percent (%) 

of Funds 

Expendedc 

Interest 

Earned Balanced 

North Carolina $65,477,808 $51,418,315 78.53% $5,527,991 $19,587,484 

North Dakota $11,596,803 $4,887,862 42.15% $873,066 $7,582,006 

Ohio $90,992,517 $89,790,790 98.68% $5,854,282 $7,056,010 

Oklahomag $27,659,638 $2,522,702 9.12% $0 $25,136,936 

Oregon $27,837,407 $11,961,241 42.97% $2,323,221 $18,199,387 

Pennsylvania $100,578,829 $89,230,830 88.72% $13,809,030 $25,157,030 

Puerto Rico $2,319,361 $429,927 18.54% $147,892 $2,037,326 

Rhode Island $11,596,803 $10,702,079 92.28% $409,707 $1,304,432 

South Carolina $32,421,280 $32,374,718 99.86% $570,830 $617,392 

South Dakota $11,596,803 $5,413,998 46.69% $638,372 $6,821,176 

Tennessee $46,236,130 $20,897,248 45.20% $4,732,984 $30,071,865 

Texas $160,691,949 $123,136,587 76.63% $8,952,618 $46,507,980 

Utah $16,467,181 $17,090,380 103.78% $623,199 $0 

Vermont $11,596,803 $0 0.00% $1,429,208 $13,026,011 

Virginia $57,489,361 $32,713,950 56.90% $3,753,364 $28,528,775 

Virgin Islands $2,319,361 $354,117 15.27% $77,369 $2,042,613 

Washington $47,195,971 $25,875,615 54.83% $3,871,619 $25,191,975 

West Virginia $15,303,569 $14,332,680 93.66% $1,050,790 $2,021,679 

Wisconsin $43,063,935 $37,862,294 87.92% $3,761,430 $8,963,070 

Wyoming $11,596,803 $10,843,174 93.50% $865,421 $1,619,050 

Totalh $2,319,360,618 $1,509,395,423 65.08% $177,706,683 $987,671,878 aTotal Section 251 Funds Received reflects total funds received under HAVA Title II, Section 251 as of September 30, 2007. bTotal Section 251 Funds Expended includes cash disbursements and unliquidated obligations under HAVA Title II, Section 251 as of September 

30, 2007. This amount does not include expenditures for State Match or Maintenance of Effort. 

cStates were able to expend the interest earned on the deposit of HAVA Title II, Section 251 funds into the States' Election Fund, which is why 

some states expended a greater percentage of funds than received. 

dBalance includes interest earned as of September 30, 2007 on deposits of HAVA Title II, Section 251 funds into the States' Election Fund. The 

balance does not include State Match amounts nor interest earned on State Match amounts. 

eGuam did not file a report for Section 251 for FY 2007. The data provided is taken from the last report filed, which reported Section 101 and 

Section 251 in a joint report covering FY 2006. Interest has never been reported. f

New Hampshire did not file a report for Section 251 for FY 2007. The last report filed for Section 251 covered FY 2004. Interest data was taken 

from the FY 2004 Section 251 report. The data provided is taken from the cumulative amount provided in the FY 2007 State of New Hampshire 

Single Audit Report. 

gOklahoma did not deposit Section 251 funds in an interest-bearing account. EAC is working with state election officials to resolve this issue. hTotal Section 251 Funds Received changed by $1 dollar from the 2007 report due to a rounding error. 

Use of HAVA Title II, Section 251 Funds 

States may use Title II, Section 251 funds to carry out the following activities: 

•	 Procuring voting systems that comply with the requirements of HAVA 

Title III, Section 301. A State may use the requirements payments: 

o	 As a reimbursement for costs incurred in obtaining voting 

equipment which met the requirements of HAVA Title II, Section 

301, if the State obtained the equipment after the November 2000 

general election and before the receipt of HAVA funds. 

18 
o	 As a reimbursement for costs of voting equipment that meets the 

requirements of HAVA Title III, Section 301, that were incurred 

pursuant to a multi-year contract on or after January 1, 2001. 

•	 Implementing provisional voting. 

•	 Providing required information to voters in the polling place. 

•	 Developing and implementing a computerized statewide voter 

registration list. 

•	 Implementing identification requirements for first-time voters who 

register to vote by mail. 

•	 Improving the administration of elections for federal office. 

o	 HAVA Section 251(b)(2) allows States to use Section 251 funds to 

improve the administration of elections for Federal office if they 

certify to the EAC that they have either: 1) met the requirements of 

Title III, or 2) will not spend more than the amount of the minimum 

payment applicable to the State. 

Fiscal Year 2007 Use of HAVA Title II, Section 251 Funds 

During Fiscal Year 2007, States expended $345,641,888 of Section 251 funds. 

Approximately 68 percent of expenditures were used to procure voting systems 

that comply with the requirements of Title III. 

Of the remaining expenditures, approximately 16 percent of Section 251 funds 

went toward developing and implementing a computerized statewide voter 

registration list while 9 percent went toward improving the administration of 

federal elections. Less than 1 percent of funds were used in the following 

categories: implementing provisional voting, providing voter information at 

polling places and implementing identification requirements for first-time voters 

who register to vote by mail. Finally, 7 percent of reported expenditures were 

classified as “uncategorized” because either the narrative did not provide 

sufficient information or the expenditures did not fall under a specific category. 

19 
7%
 

9% 

1% 

16% 

67% 

Voting Systems 

Voter Registration Databases 

Provisional Voting, Voter Information Poll 

Postings, IDs for First-time Registrants 

Improving Election Administration 

Uncategorized 

Chart 5.1 – Fiscal Year 2007 Use of HAVA Title II, Section 251 Funds 

20 
 

Matching Funds 

Background 

As a condition for receiving requirements payments, States certified that they 

had appropriated matching funds. Section 253(b)(5) of HAVA stipulates that the 

State match must equal 5 percent of the State’s total program, “taking into 

account the requirements payment and the amount spent by the state.” A State’s 

matching requirement is determined through the following formula: 

[Federal Dollars/0.95] = Federal Dollars + State Match 

For example, Alabama’s matching requirement is equal to: 

($35,866,513/0.95) - $35,866,513 = $1,877,712 

The total matching requirement for all States is $121,705,395. 

Although HAVA requires States receiving requirements payments to provide 

matching funds, 48 U.S.C. §1469(a)(d) provides a waiver to the U.S. Virgin 

Islands, Guam, the Northern Mariana Islands and American Samoa for all 

federal matching funds under $200,000. The matching requirement for these 

territories, as of September 30, 2007, is $122,072. The required matching amount 

will increase based on future appropriations of requirements payments by 

Congress. 

State match funds, per HAVA Section 254(b), must be deposited in the States’ 

Election Fund and, consistent with the requirements for the fund, earn interest. 

As HAVA does not specifically require a cash match, States were allowed to use 

in-kind contributions. However, use of in-kind contributions does not waive the 

requirement to earn interest on State match funds. Maintenance of effort 

expenditures could not be used to satisfy the matching requirement. 

Status and Use of State Match Funds 

State match funds must be used in accordance with the requirements for HAVA 

Title II, Section 251 funds. Also, EAC required States to report the required State 

match on their annual financial reports. The EAC’s review of FY 2007 financial 

status reports revealed inconsistencies with the reporting of State match 

appropriations and deposits, expenditures, and interest earned on matching 

funds. Several States were unable to rectify, prior to the drafting of this report, 

the issues identified by the EAC review. The EAC is continuing to work with 

21 
 

22
 

these States to accurately account for State match funds including State match 

expenditures and interest earned on State match funds. 

In total, States reported expenditure of $201,467,275, which is more than the total 

required matching contribution, $121,705,395. Of the 52 States required to 

provide matching funds, 20 States fully expended the State match, with 18 of the 

States expending matching funds in excess of the requirement. Seven States have 

not expended any State match funds. 

States have reported $4,133,641 in interest earned on State match deposits into 

the States’ Election Fund. As States continue to amend the reporting on State 

match, it is expected that the reported interest earned on matching funds will 

increase. As of September 30, 2007, $37,110,619 in State match and interest earned 

on State match funds has not been expended. Table 6.1 presents a financial 

summary of State match funds required by States, State match expenditures, 

percent of funds expended, interest earned, and balance of unspent funds. 

Table 6.1 – Status of State Match Funds 1 of 2 

State 

Total Section 

251 Funds 

Received($)a 

Total State 

Match 

Required($)b 

Total State 

Match Funds 

Expended($)c 

Percent 

(%) Funds 

Expended 

Interest 

Earned($)d Balance($)e 

Alabama 35,866,513 1,887,712 1,201,905 63.67 103,626 789,433

Alaska 11,596,803 610,358 767,760 125.79 19,935 0

American Samoaf 2,319,361 0 0 N/A 0 0

Arizona 40,584,515 2,136,027 1,996,738 93.48 59,364 198,654

Arkansas 21,598,570 1,136,767 936,851 82.41 188,163 388,080

Californiag 264,237,124 13,907,217 111,067,135 798.63 0 0

Colorado 34,545,365 1,818,177 2,276,895 125.23 228,881 0

Connecticut 27,719,501 1,458,921 1,458,921 100.00 0 0

Delawareg 11,596,803 610,358 195,512 32.03 0 414,846

District of Columbiag 11,596,803 610,358 572,000 93.72 0 38,358

Florida 132,502,091 6,973,794 2,377,757 34.10 638,418 5,234,455

Georgia 64,748,170 3,407,798 10,748,391 315.41 0 0

Guamf 2,319,361 0 0 N/A 0 0

Hawaii 11,596,803 610,358 631,633 103.49 0 0

Idaho 11,596,803 610,358 561,000 91.91 51,899 101,257

Illinoish 98,595,252 5,189,224 5,000,000 96.35 0 189,224

Indiana 48,544,987 2,554,999 1,586,308 62.09 112,656 1,081,347

Iowah 23,739,383 1,249,441 1,249,000 99.96 0 441

Kansasg 21,409,789 1,126,831 979,904 86.96 41,575 188,503

Kentucky 32,899,292 1,731,542 978,762 56.53 123,481 876,261

Louisiana 35,067,672 1,845,667 2,731,374 147.99 0 0

Maine 11,596,803 610,358 612,673 100.38 60,133 57,818

Marylandg 42,478,430 2,235,707 2,235,707 100.00 0 0

Massachusetts 52,222,226 2,748,538 3,959,966 144.08 262,080 0

Michiganh 78,960,474 4,155,814 3,126,440 75.23 0 1,029,374

Minnesota 39,178,788 2,062,041 0 0.00 0 2,062,041
 

 

Table 6.1 – Status of State Match Funds 2 of 2 

State 

Total Section 

251 Funds 

Received($)a 

Total State 

Match 

Required($)b 

Total State 

Match Funds 

Expended($)c 

Percent 

(%) Funds 

Expended 

Interest 

Earned($)d Balance($)e 

Mississippi 22,418,203 1,179,905 1,001,972 84.92 309,306 487,238 

Missouri 44,914,650 2,363,929 2,512,077 106.27 148,148 0 

Montanag 11,596,803 610,358 932,500 152.78 0 0 

Nebraska 13,749,549 723,660 0 0.00 30,612 754,272

Nevadai 16,166,810 850,885 577,605 67.88 40,297 313,577 

New Hampshirej 11,596,803 610,358 204,931 33.58 0 405,427

New Jersey 68,067,586 3,582,504 0 0.00 0 3,582,504 

New Mexicoh 14,279,790 751,568 0 0.00 0 751,568

New Yorkg 153,414,430 8,074,444 401,800 4.98 0 7,672,644 

North Carolinai 65,477,808 3,446,200 0 0.00 417,899 3,864,099

North Dakotag 11,596,803 610,358 439,459 72.00 0 170,899 

Ohio 90,992,517 4,789,080 5,536,200 115.60 212,290 0

Oklahomag 27,659,638 1,455,770 511,565 35.14 0 944,205 

Oregong 27,837,407 1,465,127 1,497,318 102.20 43,801 11,610

Pennsylvania 100,578,829 5,293,623 9,689,074 183.03 0 0 

Puerto Ricog 2,319,361 122,072 42,130 34.51 0 79,942

Rhode Islandg 11,596,803 610,358 610,358 100.00 0 0 

South Carolina 32,421,280 1,706,383 1,694,381 99.30 55,042 67,043 

South Dakotag 11,596,803 610,358 576,567 94.46 0 33,791 

Tennessee 46,236,130 2,433,481 1,099,855 45.20 269,046 1,602,672

Texas 160,691,949 8,457,471 6,840,922 80.89 506,280 2,122,829 

Utah 16,467,181 866,694 899,494 103.78 0 0

Vermont 11,596,803 610,358 702,438 115.09 11,698 0 

Virginiag 57,489,361 3,025,756 3,388,552 111.99 0 0

Virgin Islandsf 2,319,361 0 0 N/A 0 0 

Washington 47,195,971 2,483,998 2,450,799 98.66 59,404 92,603

West Virginiag 15,303,569 805,451 0 0.00 0 805,451 

Wisconsingi 43,063,935 2,266,523 2,604,646 114.92 51,813 0

Wyoming 11,596,803 610,358 0 0.00 87,794 698,152 

Totalk 2,319,360,618 121,705,395 201,467,275 165.54 4,133,641 37,110,619 aTotal Section 251 Funds Received reflects total funds received under HAVA Section 251 as of September 30, 2007. bTotal State Match Required equals 5 percent of the total amount of the program (taking into account the requirements payments and the amount spent by the State). This 

amount is calculated as follows: Federal Dollars/0.95 = Federal Dollars + State Match. 

cTotal State Match Funds Expended includes cash disbursements and unliquidated obligations as of September 30, 2007. This amount includes expenditures of interest 

earned on the State match. This amount does not include Maintenance of Effort expenditures. 

dState Match funds are required to be deposited into the States’ Election Fund as a condition for receipt of funds. Deposits into the States’ Election Fund earn interest per 

HAVA §254(b). Interest is retained in the States’ Election Fund. Some States expended State match funds in full prior to the receipt of the Section 251 payments thus no 

interest was earned. 

eBalance includes interest earned on State match funds as of September 30, 2007. Where a State has expended more than the required State match plus the interest 

earned on the State match, the balance has been converted to zero to avoid distorting the overall balance of funds remaining. f

Required State Match up to 200,000 from American Samoa. Guam, and the US Virgin Islands is waived under 48 U.S.C. §1469(a)(d). gSeveral States did not deposit State match funds into the States’ Election Fund and are currently in the process of calculating interest owed. hIllinois, Iowa, Michigan, and New Mexico are in the process of undergoing an audit which includes a review of State match activities. i

Nevada, North Carolina, and Wisconsin miscalculated the State match. The correct amount, with interest, is currently under review by EAC and state officials 

j

New Hampshire did not file a report for Section 251 for FY 2007. The last report filed for Section 251 covered FY 2004. Interest earned on the State match has never been 

reported. The data provided is taken from the cumulative numbers provided in the FY 2007 State of New Hampshire Single Audit Report. kTotals reflect several amendments from the EAC's July 2007 Report to Congress. 

23
 
 

 

 

State Administration of HAVA Funds 

State Plans 

Background 

To obtain HAVA Title II, Section 251 requirements payments, HAVA requires 

that a State submit a plan describing how the funds will be used. State plans 

must describe the following: 

•	 How the State will use the requirements payments to meet the 

requirements of Title III, and, if applicable, carry out other activities to 

improve the administration of elections. 

•	 How the State will distribute and monitor the distribution of requirements 

payments to local units of government or other entities in the State for 

carrying out the program, including a description of the following: 

o	 The criteria to be used to determine the eligibility of units receiving 

the payment. 

o	 The methods that the State will use to monitor the performance of 

the entities which receive the payments. 

•	 How the State will provide programs for voter education, election official 

education and training, and poll worker training which will assist in 

meeting the requirements of Title III. 

•	 How the State will adopt voting system guidelines and processes which 

are consistent with the requirements of Section 301. 

•	 How the State will establish an election fund as described in HAVA 

Section 254(b) for the purpose of administering the State’s activities under 

this part, including information on fund management.5 

•	 The State’s proposed budget for administration and use of the 

requirements payments, including the following specific information: 

o	 The cost of activities required to be carried out to meet the 

requirements of Title III. 

o	 The portion of the requirements payment that will be used to carry 

out the activities to meet the requirements of Title III. 

o	 The portion of the requirements payments that will be used to carry 

out other activities. 

5 HAVA Section 254(b) describes the State Election Fund as “a fund which is established in the treasury of the State government...which 

consists of the following amounts: A) Amounts appropriated or otherwise made available by the State for carrying out activities for which 

the requirements payment in made to the State under this part. B) The requirements payment made to the State under this part. C) Such 

other amounts as may be appropriated under law. D) Interest earned on deposits of the fund. 

24 
 

•	 How the State will meet its maintenance of effort level. States must 

maintain their expenditures for activities funded by the payment at a level 

that is not less than the level of such expenditures maintained by the State 

for the fiscal year ending prior to November 2000. 

•	 How the state will adopt performance goals and measures that will be 

used to determine the success in carrying out the State plan. 

•	 A description of the uniform, nondiscriminatory State-based 

administrative complaint procedures in effect under Section 402 of
 

HAVA. 

•	 How the State will conduct ongoing management of the plan. States may 

not make any material change in the administration of the plan unless the 

change: 

o	 is developed and published in the Federal Register in the same 

manner as the State plan 

o	 is subject to public notice and comment in the same manner as the 

State plan 

o	 takes effect only after the expiration of the 30-day period, which 

begins on the date the change is published in the Federal Register. 

•	 How, if the State had a plan in effect during the previous fiscal year, the 

plan reflects changes from the State plan for the previous fiscal year and a 

description of how the State succeeded in carrying out the State plan for 

such previous fiscal year. 

•	 A description of the committee that participated in the development of the 

State plan.6 

Status of State Plans 

Since the initial publication of the State plans in the Federal Register in March 

2004, 33 states revised their State plan, leaving 22 States that have not filed an 

amended report since the initial publication. Prior to the distribution of the FY 

2008 requirements payment, the EAC anticipates that a number of States will file 

amended State Plans. Table 7.1 shows the original and revised dates that State 

plans were published in the Federal Register. State plans may be accessed at 

www.eac.gov. 

6 Per HAVA Section 255, the State plan is required to be developed “through a committee of appropriate individuals, including the chief 

election officials of the two most populous jurisdictions within the States, other local election officials, stakeholder (including 

representative of groups of individuals with disabilities), and other citizens appointed for such purpose by the chief State election official.” 

25 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

April 25, 2008 3 

Nevada March 24, 2004 

New Hampshire March 24, 2004 0 

New Jersey March 24, 2004 April 25, 2008 1 

New Mexico March 24, 2004 0 

New York March 24, 2004 0 

North Carolina March 24, 2004 June 29, 2005 1 

North Dakota March 24, 2004 December 22, 2004 1 

Ohio March 24, 2004 April 7, 2005 1 

Oklahoma March 24, 2004 March 11, 2005 1 

Oregon March 24, 2004 April 25, 2008 1 

Pennsylvania March 24, 2004 September 30, 2004 September 30, 2005 2 

Puerto Rico March 24, 2004 January 24, 2005 February 27, 2006 2 

Rhode Island March 24, 2004 0 

September 30, 2004; 3 

South Carolina March 24, 2004 August 25, 2005 September 28, 2006 

South Dakota March 24, 2004 March 11, 2005 April 25, 2008 2 

Arkansas March 24, 2004 December 22, 2004 

California March 24, 2004 September 30, 2004 

Colorado March 24, 2004 

Connecticut March 24, 2004 

Delaware March 24, 2004 October 27, 2005 

District of Columbia March 24, 2004 

Florida March 24, 2004 September 9, 2004 April 25, 2008 

Georgia March 24, 2004 

Guam March 24, 2004 

Hawaii March 24, 2004 

Idaho March 24, 2004 

Illinois March 24, 2004 December 22, 2004 September 28, 2006 

Indiana March 24, 2004 September 28, 2006 

Iowa March 24, 2004 June 29, 2005 

Kansas March 24, 2004 September 30, 2004 

Kentucky March 24, 2004 February 27, 2007 

Louisiana March 24, 2004 September 28, 2006 

Maine March 24, 2004 

Maryland March 24, 2004 February 27, 2006 

Massachusetts March 24, 2004 

Michigan March 24, 2004 November 16, 2005 

Minnesota March 24, 2004 April 25, 2008 

Mississippi March 24, 2004 June 29, 2005 

Missouri March 24, 2004 

Montana March 24, 2004 August 25, 2004 

Nebraska March 24, 2004 December 22, 2004 

September 9, 2004; 

August 25, 2005 

Table 7.1 – State Plan Status 1 of 2 

Federal Register Publication Dates 

Most Recent 

Date* 

Number of 

State Original Date* Additional Dates* Revisions 

Alabama March 24, 2004 0 

Alaska March 24, 2004 April 7, 2005 April 25, 2008 2 

American Samoa March 24, 2004 June 29, 2006 1 

Arizona March 24, 2004 0 

1 

1 

0 

0 

1 

0 

2 

0 

0 

0 

0 

2 

1 

1 

1 

1 

1 

0 

1 

0 

1 

1 

1 

0 

1 

1 

26 
 

 

 

 

 

 

 

 

 

 

Table 7.1 – State Plan Status 2 of 2 

Federal Register Publication Dates 

State Original Date* Additional Dates* 

Most Recent 

Date* 

Number of 

Revisions 

Tennessee March 24, 2004 September 30, 2004 1 

Texas March 24, 2004 March 11, 2005 1 

Utah March 24, 2004 0 

Vermont March 24, 2004 0 

Virgin Islands March 24, 2004 0 

Virginia March 24, 2004 September 12, 2005 September 28, 2006 2 

Washington March 24, 2004 0 

West Virginia March 24, 2004 February 1, 2006 1 

Wisconsin March 24, 2004 0 

Wyoming March 24, 2004 0 

*State plans are effective 30 days after publication in the Federal Register. 

Certifications 

HAVA Section 251(b)(2) allows States to use Section 251 funds to improve the 

administration of elections for Federal office if they certify to EAC that they have 

either: 1) met the requirements of Title III (HAVA Section 251(b)(2)(A)), or 2) will 

not spend more than the amount of the minimum payment applicable to the 

State (HAVA Section 251(b)(2)(B)). 

For certifications filed under HAVA Section 251(b)(2)(B), the minimum payment 

amount for each state and the District of Columbia is currently $11,596,803. The 

minimum amount for each of the four territories covered by HAVA is currently 

$2,319,361. Once the FY 2008 requirements payments are distributed, the 

minimum amount will increase for all recipients. Certifications filed under 

HAVA Section 251(b)(2)(A) are forwarded to the Voting Section of the Civil 

Rights Division of the U.S. Department of Justice, because the Division is charged 

with enforcing the uniform and nondiscriminatory election technology and 

administration requirements of Title III of HAVA. These certifications are also 

forward to the EAC Office of Inspector General (OIG) for potential review of 

compliance with the requirements of Title III during OIG audits. Table 7.2 shows 

the 20 States that have filed certifications with the EAC as of June 30, 2008. 

Table 7.2 State Certifications Filed under Section HAVA Section 251(b)(2) 1 of 2 

Certified State Met Title III 

Requirements (§251(b)(2)(A) 

Certified State Will Use up to Minimum 

Amount (§251(b)(2)(B) 

State Date of Filing State Date of Filing 

American Samoa September 26, 2005 Alaska July 13, 2007 

Florida August 28, 2006 Arkansas May 7, 2008 

Kentucky January 16, 2007 California April 3, 2006 

Maryland May 15, 2007 Colorado November 28, 2007 

27 
 

 

 

 

 

 

Table 7.2 State Certifications Filed under Section HAVA Section 251(b)(2) 2 of 2 

Certified State Met Title III 

Requirements (§251(b)(2)(A) 

Certified State Will Use up to Minimum

Amount (§251(b)(2)(B) 

State Date of Filing State Date of Filing 

New Jersey June 25, 2007 Delaware November 30, 2007

North Carolina March 28, 2007 Florida March 13, 2006

Oregon July 6, 2006 Illinois March 20, 2007

Pennsylvania August 28, 2007 Iowa June 27, 2008

New Mexico April 21, 2008

North Dakota April 28, 2005

Ohio April 24, 2007

South Dakota March 15, 2007

Virginia April 13, 2006

Washington May 3, 2006

28 
EAC Monitoring of HAVA Funds 

Background 

A primary responsibility of the EAC is to provide information and training on 

appropriate management and use of HAVA funds. The EAC has issued 

guidance, advisories and best practices to help States comply with HAVA and 

make other election administration improvements and enhancements. Prior to 

receipt of HAVA funds, the EAC and GSA informed States of the Federal 

administrative requirements that apply to HAVA funds. States were advised that 

funds were to be managed in accordance with Office of Management and Budget 

(OMB) Circular A-102 (the Common Rule), incur costs in accordance with OMB 

Circular A-87; and obtain audits in accordance with OMB Circular A-133. The 

Common Rule prescribes the minimum standards for areas such as accounting, 

purchasing and property management when administering federal funds. OMB 

Circular A-87 describes allowable costs and how these costs should be 

supported. OMB Circular A-133 requires states and counties to obtain an audit 

of all federal assistance received each year in which more than $500,000 in federal 

funds are spent. 

The EAC is responsible for the following monitoring duties: 

•	 Issuing guidance on the administration and use of HAVA funds and 

otherwise responding to questions from or providing information to 

recipients about the use of HAVA funds. 

•	 Tracking the submission of financial and performance reports required 

from recipients about the use of HAVA funds. 

•	 Reviewing financial status and performance reports. 

•	 Conducting site visits to follow up on potential problem areas. 

•	 Reviewing audit reports and resolving findings applicable to EAC 

programs. 

•	 Reviewing and approving indirect cost rates. 

29 
Reporting 

To ensure the review of financial status and performance reports is fair and 

equitable, it is EAC policy to: 

•	 Treat all recipients impartially and consistently in the review process. 

•	 Provide recipients an opportunity to correct reporting deficiencies or 

anomalies. 

•	 Provide correct and complete information on the use of HAVA funds to 

the EAC’s Inspector General, Congress, the public and other interested 

persons. 

•	 Identify common reporting problems so the agency may address such 

problems through education and feedback. 

The EAC publishes a guide for managing, recordkeeping, reporting and auditing 

funds; provides sample reporting forms; and lists frequently asked questions at 

www.eac.gov. Each year, the EAC sends annual reminders to States about their 

reporting responsibilities. Additionally, the EAC provides periodic trainings on 

using and accounting for HAVA funds. 

Section 101 and 102 

GSA first established the annual financial reporting requirements for Section 101 

and 102 funds. States were required to submit an OMB Standard Form 269 (SF269), Financial Status Report for each funding source received by the State. The 

SF-269 presents fiscal information such as total outlays, recipient share of 

outlays, and Federal share of outlays. States were required to file the first report 

with GSA no later than January 21, 2004, covering activity from the State’s initial 

receipt of Title I funds through December 31, 2003. GSA also required each 

recipient to submit a description or list of actual purchases and expenditures. 

The EAC revised the reporting requirements after it assumed oversight of 

Section 101 and 102 funds in 2004. The EAC continued the requirement for an 

annual SF-269 report and also required States to provide the following 

information: 

•	 Detailed lists of expenditures by program, function or task for each 

authorized category of activities under HAVA Sections 101(b) and 

102(a)(2). 

•	 Numbers, types and costs of voting equipment obtained with HAVA 

funds. 

30 
•	 An analysis and description of the activities funded to meet HAVA 

requirements and how such activities conform to the submitted state plan. 

These annual reports are due by February 28 of each year and must cover the 

period from January 1 through December 31 of the previous calendar year for as 

long as HAVA Section 101 and 102 funds remain in the States’ Election Fund. 

Section 251 

Section 258 of HAVA set the annual financial reporting requirement for Section 

251 funds. The reports must include a narrative that presents the following 

information: 

•	 A list of expenditures for each category of authorized activities. 

•	 The number and types of voting equipment obtained. 

•	 An analysis and description of activities funded to meet HAVA 

requirements and how such activities conform to the State plan. 

These narrative reports and Standard Forms 269 are due March 30 of each year 

and must cover the previous Federal fiscal year (October 1 through September 

30) for as long as Section 251 funds remain in the State Election Fund. 

Office of Inspector General 

In accordance with HAVA Section 812, the EAC established an Office of 

Inspector General (OIG) on August 9, 2005. According to the Inspector General 

Act, the OIG performs the following activities: 

•	 Audits and investigates agency programs and operations including 

programs carried out with HAVA funds by States and independent 

contractors. 

•	 Promotes economy, efficiency and effectiveness in agency programs and 

operations. 

•	 Prevents and detects fraud, waste, abuse, and mismanagement of 

government resources.
 

•	 Informs the agency head, management, and Congress about problems and 

deficiencies in agency operations, and the progress of corrective action. 

OIG external audits focus on State administration of HAVA Section 101, 102, and 

251 funds. The OIG has issued final reports on States that reported some of the 

31 
 

largest expenditures of HAVA funds. Table 8.1 lists the status of OIG State audits 

as of June 30, 2008, amounts audited, reported expenditures, and HAVA funds 

received. 

Table – 8.1 Office of Inspector General Audits of Statesa 1 of 1 

State 

Funds Audited 

Through Audit Issue Date 

Total HAVA 

Funds 

Received($)b 

Total HAVA 

Expenditures

Audited($) 

Californiac December 31, 2004 December 19, 2005 27,340,830 14,922,867

Georgia December 31, 2005 July 12, 2006 77,304,946 63,562,054

Illinois December 31, 2005 October 18, 2006 143,529,899 29,025,846

Maryland December 31, 2005 May 6, 2007 49,752,770 27,683,205

New Jersey December 31, 2005 September 18, 2006 84,904,403 16,771,106

Pennsylvania December 31, 2005 January 10, 2007 134,818,949 17,459,399

South Carolina December 31, 2005 January 11, 2007 39,241,210 35,165,678

Texas December 31, 2005 October 18, 2006 184,168,065 29,912,682

Ohio June 30, 2006 May 3, 2007 137,845,112 114,741,683

Indiana August 31, 2006 May 11, 2007 67,055,283 61,430,159

Kentucky August 31, 2006 August 25, 2007 38,067,744 20,349,296

Virginia August 31, 2006 May 17, 2007 71,980,728 33,270,545

New Mexico December 31, 2006 May 27, 2008 19,279,790 14,123,471

Missouri February 28, 2007 October 26, 2007 62,262,661 52,632,344

Wyoming February 28, 2007 January 23, 2008 16,596,803 7,967,787

Florida pending pending pending pending

Iowa pending pending pending pending

Michigan pending pending pending pending

Minnesota pending pending pending pending

Rhode Island pending pending pending pending a Audits initiated as of June 30, 2008. 

b Total HAVA Funds Received equals the total HAVA funds received by the State by the close of the audit period. cSection 101 funds were the only funds audited for California therefore Total Funds Received equals funds received under Section 101 

only. 

32 

 

Please contact us for additional information about 

EAC programs or publications at: 

United States Election Assistance Commission 

1225 New York Avenue, NW 

Suite 1100 

Washington, DC 20005 

866-747-1471 (toll free) 

HAVAinfo@eac.gov 

www.eac.gov
 

EAC Commissioners 

Chair Rosemary E. Rodriguez 

Commissioner Donetta L. Davidson 

Commissioner Gracia M. Hillman 

EAC Staff 

Thomas Wilkey, Executive Director 

Juliet Hodgkins, General Counsel