U.S. ELECTION ASSISTANCE COMMISSION 

633 3rd St. NW, Suite 200

Washington, DC 20001

Tel: (301) 563-3919 www.eac.gov Fax: (301) 734-3108

Toll free: 1 (866) 747-1471

HAVA GRANTS GUIDANCE:

USING HAVA FUNDS TO COMBAT AI-GENERATED MIS- AND DISINFORMATION

On February 14, 2024, the Commissioners of the U.S. Election Assistance Commission (EAC)

voted to approve the use of Election Security grant funding authorized by the Help America Vote 

Act (HAVA) to counter disinformation generated through the use of artificial intelligence (AI). 

The decision of the Commission notes a growing concern on how AI-generated mis- and 

disinformation may be used by foreign and other bad faith actors in attempts to influence elections

and manipulate information on the voting process. 

The Commissioner determination allows the use of HAVA Election Security grant funding under 

HAVA Section 101(b)(1)(B) and Section 101(b)(1)(C) for countering mis- and disinformation 

generated using AI tools. The Office of Grants Management (OGM) has developed the following 

guidance for proper application of the Commissioner tally vote to the use of HAVA grant funds. 

The EAC has previously determined that the guidance provided to grantees on the use of federal

funds to improve election cybersecurity defenses also applies to social media threat monitoring (2 

CFR 200.457)

1

. As the mechanisms for combatting AI-generated mis- and disinformation 

correlate closely with existing cybersecurity and social media threat monitoring technologies, the

EAC Office of Grants Management (OGM) will apply similar principles in reviewing grant 

expenditures related to AI-generated disinformation.

EXPENDITURES UNDER HAVA SECTION 101(b)(1)(B): IMPROVING THE 

ADMINISTRATION OF ELECTIONS FOR FEDERAL OFFICE.

Allowability

The EAC Commissioner tally vote determined that grantees “may use HAVA Election Security 

Grant Funds to counter foreign influence in elections, election disinformation, and potential 

manipulation of information on voting systems and/or voting procedures disseminated and 

amplified by AI technologies” under HAVA Section 101(b)(1)(B), which provides for activities 

related to “improving the administration of elections for federal office.” Allowable activities under 

this section must improve federal election administration. For example, efforts to implement

information security and cybersecurity best practices to combat increased and more advanced 

cyberattacks are an allowable use of HAVA funds, as long as the activities benefit an election 

office’s ability to administer federal elections. 

1 In April 2022, the Government Accountability Office (GAO) responded to a request from the EAC for guidance with 

a determination that the Commission has the discretion to permit grantees to use HAVA Section 101 funds for social 

media threat monitoring.
U.S. ELECTION ASSISTANCE COMMISSION 

633 3rd St. NW, Suite 200

Washington, DC 20001

Tel: (301) 563-3919 www.eac.gov Fax: (301) 734-3108

Toll free: 1 (866) 747-1471

Allocability

Grantees considering the use of HAVA grant funds to combat election-related mis- and 

disinformation generated using AI must address the allocability of the expense. HAVA Section 

101(b)(1)(B) requires the allocation of a proposed cost based on its proportionate benefit to federal 

elections activities compared to non-federal election activities and non-election activities. 

As the OGM cannot provide specific formulas for allocating costs, grantees should use federal cost 

principles on allocation (2 CFR 200.405) to determine the most appropriate division of an expense 

between federal and non-federal funds. 

EXPENDITURES UNDER HAVA SECTION 101(b)(1)(C): EDUCATING VOTERS 

CONCERNING VOTING PROCEDURES, VOTING RIGHTS, AND VOTING 

TECHNOLOGY.

Allowability

The EAC Commissioner tally vote also determined that grantees “may fund voter education and 

trusted information communications on correct voting procedures, voting rights, and voting 

technology to counter AI-generated disinformation” under HAVA Section 101(b)(1)(C), which 

provides for activities related to “educating voters concerning voting procedures, voting rights, 

and voting technology”. Activities related to educating voters on accurate and trusted votingrelated information to counteract AI-generated mis- and disinformation are allowable. For 

example, HAVA funds can be used to cover expenditures related to developing and disseminating 

voter education materials that provide accurate information on voting or identify trusted and 

official sources for that information.

Allocability

Grantees considering the use of HAVA grant funds to educate voters on election-related mis- and 

disinformation generated using AI must address the allocability of the expense. HAVA Section 

101(b)(1)(C) requires the allocation of a proposed cost based on its proportionate benefit to elections 

activities compared to non-election activities. Unlike Section 101(b)(1)(B), HAVA Section 

101(b)(1)(C) does not require grantees to consider the benefit to federal and non-federal elections 

when allocating costs. For activities that benefit federal elections, grantees are only required to 

allocate voter education costs based on a breakdown of the elections vs. non-elections benefit of the 

proposed activities. 

As the OGM cannot provide specific formulas for allocating costs, grantees should use federal cost 

principles on allocation (2 CFR 200.405) to determine the most appropriate division of an expense 

between federal and non-federal funds. 
U.S. ELECTION ASSISTANCE COMMISSION 

633 3rd St. NW, Suite 200

Washington, DC 20001

Tel: (301) 563-3919 www.eac.gov Fax: (301) 734-3108

Toll free: 1 (866) 747-1471

REASONABLE AND NECESSARY

Grantees considering undertaking activities to combat AI-generated mis- and disinformation using 

HAVA grant funds must also assess whether the proposed expenditure is both reasonable (2 CFR 

200.404) and necessary. While the need to combat disinformation may be evident, a specific course 

of action may not be reasonable or necessary. An expense would likely not be considered 

reasonable if a less expensive but equally effective alternative was available. A necessary expense 

is one that is crucial to the administration of the activities funded under the grant. Grantees should 

maintain documentation of a cost-benefit analysis of various options to support the selected course 

of action as necessary and reasonable for addressing AI-generated mis-/ disinformation. 

EXCLUSION OF VOTER REGISTRATION AND GET OUT THE VOTE ACTIVITIES

The EAC has previously determined that HAVA grant funding may not be used for voter 

registration activities or activities constituting “get out the vote” efforts2

. Prohibited activities 

include voter registration drives and events or campaigns encouraging citizens to vote on Election 

Day. Grantees considering the use of HAVA funds for combatting AI-generated mis- and 

disinformation must assess whether the proposed activities comprise concrete actions toward 

improving federal elections and/or educating voters. For example, content on trusting 

information from official election sources would likely be unallowed if the primary purpose of 

the messaging was intended to increase voter registration or voter turnout during an election. 

HAVA funding may be used to educate voters on specific voting procedures, voting rights, and 

voting technologies. If the purpose of the proposed activity is more closely aligned to general 

encouragement to vote or to register to vote, then the use of HAVA grant funding for the related 

expenses may be unallowable. 

For guidance about whether a specific activity would be considered unallowable, contact the 

Office of Grants Management at Grants@eac.gov. 

2 https://www.eac.gov/sites/default/files/document_library/files/FAO-08-005_PA_1.pdf