This information is property of the U.S. Election Assistance Commission, 

 1225 New York Avenue, NW, Suite 1100, Washington, DC 20005 

(202) 566-3100 (p), (202) 566-3127 (f), www.eac.gov 

Page 1 

U.S. Election Assistance Commission 

Testimony before the U.S. Senate Appropriations Subcommittee on Transportation, 

Treasury, the Judiciary, Housing and Urban Development, and Related Agencies 

May 31, 2006 

INTRODUCTION

Thank you Mr. Chairman and Members of the Subcommittee for the opportunity to submit 

testimony regarding the work of the U.S. Election Assistance Commission (EAC) and its 

budgetary needs to continue assisting the states in implementing the Help America Vote Act of 

2002 (HAVA) and the National Voter Registration Act of 1993 (NVRA) in Fiscal Year 2007 . 

EAC is a bipartisan commission consisting of four members: Paul DeGregorio, chairman; Ray 

Martinez III, vice chairman; Donetta Davidson; and Gracia Hillman. In addition to the four 

commissioners, EAC employs 19 full time staff persons. 

U.S. Election Assistance Commission

2006 Organizational Chart

Commissioners

General Counsel Executive Director

• Compliance

• FOIA

• EEO

• Ethics

• Public Meetings & Hearings

• Legislative Liaison

• NVRA

Inspector General Special Assistants

Research

• Fiscal/Budget Management

• Purchasing

• IT

• Contracts

• HR

• Travel

• Office Management

• Media Coordination

• Website Management

• Annual Report 

• Clearinghouse

• Publications

• Foreign Briefings

• Guidance

• Guidelines

• Studies

• Surveys

Standards & 

Certification

• Voting System Guidelines

• Lab Accreditation

• Voting System Certification

Administration Communications Programs & Services

Board of Advisors

Standards Board

Tech. Guidelines Dev. Committee

• Requirements Payments

• Grants Programs

• Mock Election

• Program Audits

• Poll Worker Initiative

• College

• Other

• Best Practices

HAVA instructs the EAC to develop and update national voluntary voting system guidelines and 

manage the Federal government’s first voting system certification program. EAC is also charged 

with assisting the 50 states, four territories and the District of Columbia in implementing 

provisional voting, updated and upgraded voting equipment, statewide voter registration lists, 

administrative complaint procedures, and voter identification requirements and procedures. 

Under the NVRA, the EAC develops the National Voter Registration form, collects information 

for Congress and advises states of their responsibilities. Below is a discussion of each EAC 

program and the financial and human resources needed in FY 2007 for EAC to continue its work 

in improving the administration of Federal elections. 
This information is property of the U.S. Election Assistance Commission, 

 1225 New York Avenue, NW, Suite 1100, Washington, DC 20005 

(202) 566-3100 (p), (202) 566-3127 (f), www.eac.gov 

Page 2 

U.S. Election Assistance Commission 

Testimony before the U.S. Senate Appropriations Subcommittee on Transportation, 

Treasury, the Judiciary, Housing and Urban Development, and Related Agencies 

May 31, 2006 

The following four program areas reflect the agency’s mandates under HAVA: (1) distribution 

and management of HAVA funds; (2) aiding in the improvement of voting systems; (3) national 

clearinghouse of election information; and (4) guidance and information to the states. EAC 

conducts its activities in these program areas in an efficient and cost effective manner to ensure 

maximum value of the funds appropriated to the agency by the U.S. Congress. 

DISTRIBUTION AND MANGEMENT OF HAVA FUNDS

Congress appropriated more than $3,000,000,000 to help states meet the requirements of HAVA 

and improve the administration of Federal elections. All HAVA sections 101, 102 and 251 funds 

appropriated have been distributed. The tables located on EAC’s website (Title II Requirements 

Payments & Early Money) show the disbursement of funds by category and fiscal year. The 

graphic below shows the funds distributed to each state, including funds distributed by the 

Department of Health and Human Services under Section 261 of HAVA. 

Map not drawn to 

Total HAVA Funds Distributed to States as of December 21, 2005 (in millions) 
This information is property of the U.S. Election Assistance Commission, 

 1225 New York Avenue, NW, Suite 1100, Washington, DC 20005 

(202) 566-3100 (p), (202) 566-3127 (f), www.eac.gov 

Page 3 

U.S. Election Assistance Commission 

Testimony before the U.S. Senate Appropriations Subcommittee on Transportation, 

Treasury, the Judiciary, Housing and Urban Development, and Related Agencies 

May 31, 2006 

Responsible Stewardship of HAVA Funds

Now that the election reform funding has been distributed, EAC is working to ensure that states 

are good stewards of these Federal funds. To monitor the use of these funds, EAC issues 

guidance and answers questions on the appropriate use of HAVA funds, reviews reports 

submitted by the states and territories on expenditure of the funds, and conducts assessments and 

audits of the states. 

Appropriate Uses of HAVA Funds

HAVA specifically limits the use of funds distributed under the various funding programs. 

These uses include purchasing voting equipment to replace punch card or lever voting systems, 

implementing provisional voting, purchasing equipment and software to build statewide voter 

registration databases, as well as various activities aimed at improving the administration of 

Federal elections. To help clarify the appropriate uses of HAVA funds, EAC and GSA applied 

OMB Circulars A-87, A-102, and A-133. In addition, EAC provided guidance and information

on the appropriate use of HAVA funds in response to questions from the states. Even with these 

resources, EAC must answer questions daily from the fifty states, four territories and the District 

of Columbia about allowable expenses under HAVA. 

EAC requires that states, territories and the District of Columbia report their uses of HAVA 

funds. In the second quarter of each year, states report on their use of both Title I and Title II 

funds. The Title II report includes: (a) a list of expenditures for each category of activities 

described in Title III; (b) the number and types of voting equipment obtained with the funds; and 

(c) an analysis and description of the activities funded to meet HAVA requirements and how 

such activities conform to the state plan. Title I reports require states to (1) disclose, in separate 

reports for section 101 and 102 funds, the financial activity for the previous calendar year on a 

Standard Form 269; and (2) provide the same detail on the expenditures that is required for the 

reports on Title II requirements payments. EAC conducts a detailed review of each report to 

validate that the expenditure of funds met the requirements of HAVA and was in accordance 

with plans filed by the state or territory. The states’ Title I and Title II reports are available to 

the public upon request. 

Auditing

Section 902 of HAVA gives EAC and other HAVA granting agencies the authority to conduct 

regular audits of HAVA funds. EAC’s audit activity will be conducted through EAC’s Office of 

the Inspector General (OIG), which currently consist of two types of reviews to determine if the 

states are exercising sufficient controls and using the funds distributed under HAVA for 

appropriate purposes. One is an assessment of procedures each state uses to administer and 

monitor HAVA funds, as well as a review of certain critical elements such as whether the state 

has maintained sufficient matching funds. On a concurrent track, OIG will commission audits of 

several states each year to more fully review the state’s internal controls, processes, procedures, 

and transactions to ensure compliance with Government Auditing Standards. 
This information is property of the U.S. Election Assistance Commission, 

 1225 New York Avenue, NW, Suite 1100, Washington, DC 20005 

(202) 566-3100 (p), (202) 566-3127 (f), www.eac.gov 

Page 4 

U.S. Election Assistance Commission 

Testimony before the U.S. Senate Appropriations Subcommittee on Transportation, 

Treasury, the Judiciary, Housing and Urban Development, and Related Agencies 

May 31, 2006 

In addition to EAC’s regular audits, HAVA also provides for two other means of extraordinary 

audit authority – (a) funds are subject at least once during the term of the program to an audit by 

the Comptroller General; and (b) section 902(b)(6) of HAVA allows EAC to conduct a “special 

audit” or “special examination” of the funds that are subject to regular audit under Section 

902(b)(1). This special audit authority covers every HAVA program, including funds distributed 

under Title I, Title II, and programs administered by the Department of Health and Human 

Services. If EAC determines that a special audit is warranted, by vote of the Commission, EAC 

will refer the matter to the OIG for review. 

The OIG currently employs one full time staff person. Two additional persons have been 

provided to EAC by the Department of Interior via a Memorandum of Understanding (MOU). 

These persons are responsible for conducting the majority of the state assessments discussed 

above, monitoring outside contracts for audits, reviewing EAC’s internal operations, and 

coordinating investigations of complaints, as necessary. 

Financial and Human Resources Needs for Management of HAVA Funds in FY 2007

In FY 2006, EAC has budgeted $2.5 million for these activities. Of that, $1.65 million is 

allocated to the OIG for auditing the use of HAVA funds and assessing state controls. At this 

level of funding, EAC anticipates that it will be able to fund the MOU for the two persons 

provided by the Department of Interior, conduct assessments of four or five states, and begin 

four or five full audits of states. The remaining $550,000 is budgeted for management activities 

such as reviewing reports submitted by the states, answering questions related to the proper use 

of HAVA funds, and reviewing states’ indirect cost proposals. Three full time equivalents (FTE) 

and two staff persons via MOU with the Department of Interior currently serve these functions. 

In FY 2007, EAC anticipates allocating the same amount of funding and personnel to this 

function, including pay and non-pay adjustments ($2.6 million). At this rate, EAC will be able 

to continue assessing and auditing states at the rate projected for FY 2006. Availability of 

personnel will depend on the willingness of the Department of Interior or other agencies to 

continue providing assistance through an MOU. It is essential that EAC maintain the current 

level of staff support (5 persons), either through FTE or MOU in order to assure that the use of 

HAVA funds is monitored appropriately. 

AIDING IN THE IMPROVEMENT OF VOTING SYSTEMS

One of the most enduring effects of HAVA will be the change in voting systems used throughout

the country. All major HAVA funding programs can be used by states to replace outdated voting

equipment. HAVA also provides for the development and maintenance of testable standards

against which voting systems can be evaluated. It also provides for Federal certification

according to these standards. EAC is responsible for and committed to improving voting

systems through these vital programs.
This information is property of the U.S. Election Assistance Commission, 

 1225 New York Avenue, NW, Suite 1100, Washington, DC 20005 

(202) 566-3100 (p), (202) 566-3127 (f), www.eac.gov 

Page 5 

U.S. Election Assistance Commission 

Testimony before the U.S. Senate Appropriations Subcommittee on Transportation, 

Treasury, the Judiciary, Housing and Urban Development, and Related Agencies 

May 31, 2006 

Voluntary Voting System Guidelines

One of EAC’s most important mandates is the testing, certification, decertification and 

recertification of voting system hardware and software. Fundamental to implementing this key 

function is the development of updated voting system guidelines, which prescribe the technical 

requirements for voting system performance and identify testing protocols to determine how well 

systems meet these requirements. EAC along with its Federal advisory committee, the Technical 

Guidelines Development Committee (TGDC), and the National Institute of Standards and 

Technology (NIST), work together to research and develop voluntary testing standards. 

On December 13, 2005, EAC adopted the first iteration of the Voluntary Voting System 

Standards (VVSG). This document was an initial update to the 2002 Voting System Standards 

focusing primarily on improving the standards for accessibility, usability and security. These 

testing guidelines also incorporated standards for reviewing voting systems equipped with voter 

verifiable paper audit trails (VVPAT) in recognition of the many states that now require this 

technology. VVSG also establishes the testing methods for assessing whether a voting system 

meets the guidelines. 

Significant work remains to be done to fully develop a comprehensive set of standards and 

testing methods for assessing voting systems and to ensure that they keep pace with 

technological advances. In FY 2007, EAC along with TGDC and NIST, will revise sections of 

the VVSG dealing with software, functional requirements, independent verification, and security 

and will develop a comprehensive set of test suites or methods that can be used by testing 

laboratories to review any piece of voting equipment on the market. 

Accreditation of Voting System Testing Laboratories

HAVA Section 231 requires EAC and NIST to develop a national program for accrediting voting 

system testing laboratories. The National Voluntary Laboratory Accreditation Program 

(NVLAP) of NIST will provide for the initial screening and evaluation of testing laboratories and 

will perform periodic re-evaluation to verify that the labs continue to meet the accreditation 

criteria. When NIST has determined that a lab is competent to test systems, the NIST director 

will recommend to EAC that a lab be accredited. EAC will then make the determination to 

accredit the lab. EAC will issue an accreditation certificate to the approved labs, maintain a 

register of accredited labs and post this information on its website. 

In July 2005, NVLAP advertised for the first class of testing laboratories to be reviewed under 

the NVLAP program and accredited by EAC. Five laboratories have applied for the 

accreditation program. Pre-assessments of these laboratories begann in April 2006 and formal 

review will proceed thereafter. NVLAP anticipates that those laboratories will be reviewed and 

those that are eligible to be recommended for accreditation will be delivered to EAC in fall 2006. 

Because testing of voting systems cannot be delayed, there must be some interim review and 

accreditation of laboratories. In late 2005, EAC invited laboratories that were accredited through 

the National Association of State Election Directors (NASED) program as Independent Testing 

Authorities (ITAs) to apply for interim accreditation. All three ITAs have applied for interim 
This information is property of the U.S. Election Assistance Commission, 

 1225 New York Avenue, NW, Suite 1100, Washington, DC 20005 

(202) 566-3100 (p), (202) 566-3127 (f), www.eac.gov 

Page 6 

U.S. Election Assistance Commission 

Testimony before the U.S. Senate Appropriations Subcommittee on Transportation, 

Treasury, the Judiciary, Housing and Urban Development, and Related Agencies 

May 31, 2006 

accreditation. Interim accreditation reviews by EAC contractors will begin in the Spring 2006. 

ITAs will be accredited on an interim basis until the first class of laboratories is accredited 

through the NVLAP process. After that time, all testing labs must be accredited through the 

NVLAP evaluation process. 

Voting System Certification

In 2006, EAC is assuming the duty of certifying voting systems according to national testing 

standards. Previously, NASED qualified voting systems to both the 1990 and 2002 Voting 

System Standards. EAC’s certification process will constitute the Federal government’s first 

efforts to standardize the voting system industry. EAC’s program will encompass an expanded 

review of voting systems. It will utilize testing laboratories and EAC technical reviewers. The 

program will also include assessments of quality control, field monitoring, vendor registrations, 

and enhanced public access to certification information. 

Historically, voting system qualification has been a labor intensive process. In 6 months, 

NASED received 38 separate voting system test reports for review and qualification. All 

requests must be received, processed and monitored while the testing laboratory is assessing 

compliance. Once a test report is produced, technical reviewers must analyze the reports prior to 

recommending systems for certification. Based upon the NASED data, this process will take 

anywhere from four to 120 hours per report. In addition, EAC’s enhanced testing and 

certification program will require reviewers to evaluate voting system technical data packages 

prior to testing, which will take an additional four to 20 hours per voting system. 

Financial inancial andHumanResources esources NeedsforFY2007

In FY 2006, EAC has budgeted $3.95 million for its work to aid in improving voting systems 

used throughout the country. Of that amount, $2.772 million is transferred to NIST for its 

research for and support of the TGDC. The remaining $1.178 million is dedicated to the 

development, implementation, and operation of a voting system certification program and 

laboratory accreditation program. EAC currently employs one FTE to support all of these 

functions. In addition, EAC anticipates hiring several contractors to serve as technical reviewers 

in the voting system certification program and one contractor to assist with the development of 

the VVSG and administration of the voting system certification and laboratory accreditation 

programs. 

In FY 2007, EAC has requested $6.421 million, which represents an increase of $2.471 in this 

program. Of that amount, $4.95 million, which includes an increase of $2.178 million, will go to 

NIST to complete work on the VVSG prior to the 2008 presidential election. The needed work 

includes updating and revising the testing standards and the development of testing protocols to 

assess whether a voting system meets the standards. The remaining $1.471 million will be 

applied to administering the voting system certification, voluntary voting system guidelines, and 

laboratory accreditation programs. This includes an increase of $293,000 to hire two additional 

FTE to manage the day to day operations of the voting system certification and laboratory 

accreditation programs, including work to assess vendor facilities and processes to assure that 
This information is property of the U.S. Election Assistance Commission, 

 1225 New York Avenue, NW, Suite 1100, Washington, DC 20005 

(202) 566-3100 (p), (202) 566-3127 (f), www.eac.gov 

Page 7 

U.S. Election Assistance Commission 

Testimony before the U.S. Senate Appropriations Subcommittee on Transportation, 

Treasury, the Judiciary, Housing and Urban Development, and Related Agencies 

May 31, 2006 

quality control provides equipment that is consistent with the caliber of the samples that are 

certified under the EAC program. 

NATIONAL CLEARINGHOUSE OF ELECTION INFORMATION

HAVA establishes EAC as a national clearinghouse of election information, which means EAC 

studies and makes research available on a range of issues including best practices in election 

administration, hours and places for voting, and election data. EAC has conducted extensive 

research on a variety of topics related to election administration, has begun an ongoing process 

of collecting election related data, and has compiled election-related resources such as statutes 

and regulations. This information is presented to the election community and to the public 

through the EAC’s website as well as through formal reports on studies and data collections. 

Through this clearinghouse, EAC positions itself as a primary source of information about 

Federal elections.

Research and Study

HAVA requires EAC to conduct a number of studies and provides considerable discretion to 

research other election administration issues to assist states in their efforts to improve election 

reform. EAC uses its Federal advisory committees to assist in prioritizing research topics that are 

important to and that will assist election officials. In 2006, EAC will produce guidance, best 

practices and reports on recruiting, training and retaining poll workers; usability of ballots and 

information provided to voters; procedures for counting and recounting ballots; provisional 

voting; voter identification; voter fraud and intimidation; as well as launching a legal resources 

database that will provide election officials and the public with access to election laws and 

regulations from each of the 50 states. In addition, EAC will also issue election management 

guidelines as a companion to the VVSG. 

In FY 2007, EAC will focus on completing the research required by HAVA on the use of social 

security numbers in voter registration, standards for internet voting, and the possibility of 

postage-free absentee voting. EAC will also collect and analyze data from the 2006 Federal 

elections including voter turnout, absentee voting, voter registration and military and overseas 

citizen voting. The 2006 Election Day Survey will provide comprehensive data indicating the 

progress states have made in implementing HAVA. 

EAC’s Website as a Clearinghouse

Using EAC’s website as its main means of transmitting information to the public is a useful, 

accessible and cost effective tool. As its studies, guidance and best practices are completed, 

EAC will have an increasing amount of information to store and display through its website. 

EAC will also use the website to provide information about the voting system standards and 

certification program. EAC currently has a memorandum of understanding with the General 

Services Administration for its information technology (IT) support including servers to maintain 

EAC data. In addition, EAC contracts for the hosting and maintenance of its website. To 

accommodate the expanding clearinghouse, EAC will need to expand its IT capabilities by either 
This information is property of the U.S. Election Assistance Commission, 

 1225 New York Avenue, NW, Suite 1100, Washington, DC 20005 

(202) 566-3100 (p), (202) 566-3127 (f), www.eac.gov 

Page 8 

U.S. Election Assistance Commission 

Testimony before the U.S. Senate Appropriations Subcommittee on Transportation, 

Treasury, the Judiciary, Housing and Urban Development, and Related Agencies 

May 31, 2006 

enhancing its contracts for web services and IT support or by considering bringing those services 

in house. 

Financial and Human Resources Needs for FY 2007

In FY 2006, EAC budgeted $2.5 million for its research and study. In FY 2007, EAC anticipates 

spending $2.13 million on required research projects, data collection and analysis, development 

of best practices documents, and expansion and maintenance of its technical resources to host a 

clearinghouse on its website. 

GUIDANCE AND INFORMATION TO THE STATES

HAVA established EAC to provide guidance and assistance to the states on implementation of 

the law and transferred to EAC the responsibility of implementing the National Voter 

Registration Act (NVRA). EAC has provided valuable guidance to the states on what HAVA 

means, implementing the law, and appropriate use of HAVA funds. In FY 2007, EAC will 

continue that work by developing election management guidance, expanding on its voter 

registration data base guidance, and by updating and revising the NVRA regulations and national 

voter registration form. The election management guidance is a comprehensive companion 

document to the VVSG that will assist states in managing an election from receipt of voting 

equipment to the reporting of results to the canvass or recount that follows. EAC’s continued 

work on voter registration databases will focus on studying the appropriate use of security 

measures, verification of voter information using appropriate matching protocols, and sharing 

information with other state agencies and, ultimately, with other states. EAC will address issues 

involving voter registration using the Federal form by updating the NVRA regulations and the 

Federal registration form. 

Financial and Human Resources Needs for FY 2007 

EAC has budgeted $750,000 in FY 2006 for these activities. In FY 2007, EAC anticipates

spending $1.2 million on providing guidance and assistance to the states.

ADMINISTRATION

The administration objective represents the efforts of EAC, internally or through contracts and 

MOUs, to support the mission and work of this agency and meet the HAVA-imposed mandates. 

These costs include rent, equipment, supplies, human resources functions, finance and budget, 

computers, telephones, publication, and printing. This objective includes maintaining the 

leadership and support staff for the agency. Charges for salaries and benefits for the 

Commissioners and non-programmatic support staff are included in this category. In addition, 

the administrative objective includes supporting the efforts of EAC’s two Federal advisory 

committees, the Board of Advisors and Standards Board. Between these two boards there are 

147 members who meet at least once in each fiscal year to fulfill their responsibilities under 

HAVA. The leadership of these Boards meets more frequently, approximately once each 

quarter. 
This information is property of the U.S. Election Assistance Commission, 

 1225 New York Avenue, NW, Suite 1100, Washington, DC 20005 

(202) 566-3100 (p), (202) 566-3127 (f), www.eac.gov 

Page 9 

U.S. Election Assistance Commission 

Testimony before the U.S. Senate Appropriations Subcommittee on Transportation, 

Treasury, the Judiciary, Housing and Urban Development, and Related Agencies 

May 31, 2006 

Financial and Human Resources Needs for FY 2007 

In FY 2006, EAC has budgeted $4.4 million for these activities. In FY 2007, EAC anticipates 

spending a similar amount, including pay and non-pay adjustments ($4.55 million). 

CONCLUSION

In the first two years of EAC’s existence, the main focus was expeditiously completing the 

distribution of more than $3 billion in HAVA funds to the states to purchase voting equipment 

and implement other election administration improvements. During this time, EAC also adopted 

the 2005 Voluntary Voting System Guidelines within the HAVA-prescribed nine month 

timeframe. The completion of these activities generates a new set of related priorities: 1) 

monitoring and auditing the use of HAVA funds; 2) making sure the VVSG keep pace with 

technology by updating them periodically, especially in the areas of security and usability; and 3) 

establishing the Federal government’s first voting system certification program. 

Consequently, EAC will direct more funding in FY 2007 to its audit program, the VVSG and the 

certification program. 

FY2006 

18%

28%

18%

5%

31%

Distribution and Management of HAVA Funds

Aiding in the Improvement of Voting Systems 

National Clearinghouse of Election Administration

Guidance and Information to the States 

Administration 

 FY2007

15%

38%

13%

7%

27%

EAC will also continue to conduct research about election administration issues and make that 

information available to election officials to assist them in making policy decisions at the local 
This information is property of the U.S. Election Assistance Commission, 

 1225 New York Avenue, NW, Suite 1100, Washington, DC 20005 

(202) 566-3100 (p), (202) 566-3127 (f), www.eac.gov 

Page 10 

U.S. Election Assistance Commission 

Testimony before the U.S. Senate Appropriations Subcommittee on Transportation, 

Treasury, the Judiciary, Housing and Urban Development, and Related Agencies 

May 31, 2006 

level. EAC will assure that all HAVA funds are used properly to effectuate the required election 

reforms. 

The EAC appreciates the opportunity to provide this testimony regarding our needs for FY 2007. 

If you have any questions regarding these activities and allocations of funding, we will be happy 

to address them.