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U.S. ELECTION ASSISTANCE COMMISSION

1335 East West Highway – Suite 4300

Silver Spring, MD 20910

Policy Regarding Authority to Issue Funding Decisions on Use of HAVA Funds

Adopted May 28, 2015

SUMMARY

The U.S. Election Assistance Commission (EAC) is adopting a new policy to provide a means 

for persons and entities to have legal or factual questions related to the implementation of 

HAVA considered by Commissioners outside of EAC’s audit resolution process. The policy is 

intended to replace the Advisory Opinion Process originally adopted by the EAC on April 16, 

2008. The policy is not intended to replace or disrupt the role of the Office Grants Management, 

which is responsible for issuing guidance, support and, when appropriate, approval/denial of 

certain expenditure of Federal funds under HAVA and the relevant Office of Management and 

Budget Circulars found in 2 C.F.R. Parts 220, 225, 215, and 230.

Policy 

The Commissioners may consider any request related to questions of law and factual issues 

related to HAVA when:

(1) The legal issue is novel, complex and pertains to an unsettled question of law or 

interpretation of the HAVA statute; or

(2) The issue relates to an expenditure of HAVA funds that has not been previously 

addressed by OMB, the grant provisions or the EAC and for which it is determined to 

have significant policy implications for the implementation of HAVA; or

(3) There has been intervening legislation, rulemaking, or litigation since the EAC last 

considered the issue; or

(4) The request is contrary to or otherwise inconsistent with prior EAC matters dealing 

with the same issue.

The request must specify the question of law or fact at issue and why it is subject to 

Commissioner consideration. It should discuss, when appropriate, any relevant court or other 

decisions, and any other analysis of the issue that may assist the Commissioners in its decisionmaking. If it is a request for reconsideration, the request should document prior EAC matters 

raising the same issue. The Grants Office will direct all requests to the EAC’s General Counsel

who will determine, in consultation with the Commissioners, if the question is eligible for 

consideration. The General Counsel will prepare a recommendation and circulate the 

recommendation to the Commissioners for consideration. In the event of an objection, subject 
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to a Commission Tally Vote, the matter shall be placed on a future meeting agenda consistent 

with the Sunshine Act, 5 U.S.C. 552b(g). Extensions days will be granted at the discretion of 

Commissioners.

Commissioners have complete discretion in determining what issues they will take up for 

consideration.

All decisions will be posted to the EAC website within 15 days of final passage.

To ensure Commissioners continue to have up-to-date information on issues related to the 

expenditure of HAVA funds at the State and local level, this policy also requires EAC Office of 

Grants Management to keep Commissioners informed of any significant new issues or requests 

that arise related to use of HAVA funds as they are presented. 

Action Taken

The Commission adopted this policy that ensures only substantive questions with policy 

implications from HAVA stakeholders are routed through the General Counsel’s office to 

Commissioners for consideration and possible response. 

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