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EAC MANAGEMENT DECISION:

Resolution of the OIG Audit Report on the Administration of 

Payments Received Under the Help America Vote Act by the 

Election System of the Virgin Islands for the Period July 2003 

Through August 2013 Report No. E-HP-VI-01-13

December 31, 2013 

BACKGROUND

The EAC is an independent, bipartisan agency created by the Help America Vote Act 

(HAVA). EAC assists and guides state and local election officials in improving the 

administration of elections for Federal office. EAC distributes HAVA funds to States for 

the acquisition of voting systems, and supports the establishment of statewide voter 

registration lists, and other activities to improve the administration of elections for 

Federal office. EAC monitors State use of HAVA funds to ensure funds distributed are 

being used for authorized purposes. To help fulfill this responsibility, the EAC 

determines the necessary corrective actions to resolve issues identified during Single 

Audit Act and Office of Inspector General (OIG) audits of state administration of HAVA 

funds. The EAC OIG has established a regular audit program to review the use of 

HAVA funds by States. The OIG’s audit plan and audit reports can be found at 

www.eac.gov. 

The EAC Audit Follow-up Policy authorizes the EAC Executive Director to issue the 

management decision for OIG audits of Federal funds to state and local governments, to 

non-profit and for-profit organizations, and for single audits conducted by state auditors 

and independent public accountants (external audits). The Executive Director has 

delegated the evaluation of final audit reports provided by the OIG and single audit 

reports to the Director of the HAVA Grants Division of EAC. The Division provides a 

recommended course of action to the Executive Director for resolving questioned costs, 

administrative deficiencies, and other issues identified during an audit. The EAC 

Executive Director issues the EAC Management Decision that addresses the findings of 

the audit and details corrective measures to be taken by the State.

States may appeal the EAC management decisions. The EAC Commissioners serve as 

the appeal authority. A State has 30 days to appeal the EAC management decision. All 

appeals must be made in writing to the Chair of the Commission. The Commission will 

render a decision on the appeal no later than 60 days following receipt of the appeal or, in 

the case where additional information is needed and requested, 60 days from the date that 

the information is received from the State. The appeal decision is final and binding. 

Please note with four Commissioner vacancies, the Commission presently lacks a quorum 

to conduct appeals. The 30 day period to file an appeal remains in place. However, the 

60 day period for a decision will toll until a Commission quorum is reestablished.
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AUDIT HISTORY 

The OIG issued an audit report on the administration of payments received under the 

Help America Vote Act (HAVA) by Election System of the Virgin Islands (Office) on 

October 31, 2013. Based on the audit procedures performed, the auditors found the 

Office disregarded the basic tenent of internal controls, which protects the integrity of 

any organization. Specifically, the auditors found major deficiencies in the 

administration of payroll, procurement, financial reporting, program income, imprest 

(petty cash) fund), and property. Morever, ESVI did not meet all of HAVA’s 

administrative requirements for fiscal year funding levels and administrative complaint 

procedures. 

Payroll and Procurement Deficiency Findings

Federal salary and wage standards require payroll charges to be supported by proper 

documentation and periodic certification of hours worked. We found, however, that

the Office could not provide documentation to identify employees who worked on 

HAVA projects or the pay periods and hours for which employees were paid with 

HAVA funds. It also could not certify the amount of time employees spent on HAVArelated activities.

The Office spent $438,452 of HAVA Title I funds for salaries from September 2003 to 

December 2007. According to Office officials, three employees were paid with HAVA 

funds; however, we received documentation to support payroll costs for just two

employees. Because the Office could not provide complete supporting documentation,

we question $221,129 of the amount it claimed.

Furthermore, the Office could not provide documentation certifying the hours worked 

on HAVA-related activities. Office officials told us that they used logbooks to record

time and attendance, but when we requested the logbooks to support the payroll costs

charged to HAVA, they could not provide them.

We also found that the Office circumvents the Government of the Virgin Islands’

biometric punch clock system, which uses employees’ fingerprints to log their arrival

and departure times. This system, implemented Governmentwide to prevent the abuse 

of work time, was installed at the Office in June 2012, but most of the Office’s

employees have never used it. Because the Office did not provide time and attendance 

records and the system was not being used, there was no assurance that Office 

employees were not abusing time. This potential for abuse could affect not only HAVA 

funds, but also any other funding the Office uses for payroll. 

Finally, the Office did not follow procurement rules and regulations for small

purchases, which require comparison quotes from vendors and written justification

letters to support purchases up to $50,000. We reviewed five small purchases for 
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services and equipment, totaling $17,149, and discovered that none were supported by

comparison quotes or written justification. We therefore question the entire $17,149. 

RECOMMENDATIONS: 

The auditors recommend that EAC require the Office to: 

1. Maintain documentation to support all payroll costs related to HAVA; 

2. Certify costs to ensure that HAVA funds are used properly; and 

3. Follow procurement requirements for small purchases. 

ESVI Office Response to Recommendation 1: 

The Election System of the Virgin Island (ESVI) concurs. ESVI will develop procedures 

to address hiring employees with the HAVA funds, certification, file management and the 

maintenance of supporting documentation relative to payroll costs by January 31, 2014.

EAC Response to Recommendation 1: 

The office has indicated that it will maintain documentation to support all payroll costs 

related to HAVA in the future. EAC will work with the Office throughout this process to 

ensure corrective action.

ESVI Office Response to Recommendation 2:

The Election System of the Virgin Islands (ESVI) concurs). Once an employee is hired, 

certification of payroll will be implemented to ensure compliance with the HAVA 

program by January 31, 2014. 

EAC Response to Recommendation 2: 

The ESVI Office has indicated that it will work in coordination with the Department of 

Finance Payroll Division to certify payroll costs relative to the utilization of HAVA 

funds. EAC will work with the Office to ensure corrective action.

ESVI Office Response to Recommendation 3:

The Election System of the Virgin Islands (ESVI) concurs. ESVI will obtain and 

maintain a copy of the Property & Procurement and the federal guidelines on small 

purchases. ESVI will inform all employees of the procedures and ensure these guidelines 

are adhered to for all small purchases. ESVI will institute a management quality control 

check by reviewing all purchases requests monthly. 
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EAC Response to Recommendation 3: 

Effective October 1, 2013, the ESVI Office reported following federal and local 

requirements for small purchases. EAC will review the questioned costs and ensure 

corrective action.

Inaccurate and Late Financial Reporting Findings

Federal regulations require that a State’s financial management system include 

accounting procedures to ensure accurate, current, and complete financial reporting. 

These procedures should identify the source and application of funds and include 

accounting records supported by source documents. 

The Office could not provide supporting documents for $123,166 in Title I funds to 

procure voting machines and services such as advertising, printing, training, and travel.

It also transferred $1,974,111 from the Election Fund to the Special and Other Fund 

between July 2004 and October 2011. Of this amount, the Office could not provide 

supporting documentation for $161,593. Because the Office did not provide supporting

documentation for these two amounts, we question the total, $284,759. 

In addition to Federal regulations over accounting procedures, EAC requires the Office 

to file annual Federal Financial Reports detailing all HAVA-related activities.

Financial activities for Title I and II funds are reported on separate forms and must be 

submitted by the end of each calendar year. We found several inaccuracies in the 

Office’s reports. For example, the Office— 

• over-reported $238,898 in Title II funds in FY 2010; 

• did not report $878 in Title I funds spent in calendar year 2005; and

• did not report $331 in interest income during the period we reviewed.

Moreover, the Office submitted its Federal Financial Reports late eight times— with an

average delay of over 6 months—and, as of March 2013, it still had not prepared its 

reports for FY 2012. The Office also arbitrarily changed its reporting period from fiscal

year to calendar year without EAC’s approval. The Office’s inaccurate and late

financial reporting brings into question the reliability of the information that EAC uses

to carry out its responsibility for oversight and monitoring of HAVA funds. 

RECOMMENDATIONS: 

The auditors recommend that EAC require the Office to:

4. Provide documentation to support HAVA funds expended; and 

5. File accurate, on-time Federal Financial Reports and submit the FY 2012 report. 
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ESVI Office Response to Recommendation 4: 

The Election System of the Virgin Islands (ESVI) concurs. ESVI will develop internal 

fiscal control measures and adhere to the Depart of Finance regulations on purchase 

orders. ESVI will ensure all documentation is attached with requests, i.e. receipts, 

invoice, and approved contract with signature page. Files will be maintained as per 

HAVA guidelines. ESVI will conduct quarterly inspection. 

EAC Response to Recommendation 4: 

EAC will follow up with the ESVI Office to ensure corrective action.

ESVI Office Response to Recommendation 5: 

The Election System of the Virgin Islands (ESVI) concurs. ESVI will complete FY2012 

Federal Financial Report and follow the HAVA scheduled reporting periods. 

EAC Response to Recommendation 5: 

The FY12 Federal Financial Report was submitted on October 21, 2013. EAC will work 

with the ESVI Office to ensure accuracy and continued compliance with financial 

reporting.

Unsupported Program Income Findings

Under Federal regulations, program income includes income from fees collected by an

agency for services it performs. HAVA program income comes from fees collected for

late campaign disclosures, voter registration lists, and other election- related services.

EAC requires that the Office’s program income be dedicated to uses permitted under 

HAVA and that it be reported on its Federal Financial Reports. 

The Office collected program income for different purposes and deposited those fees

into two separate accounts. Fees collected to replace voter identification cards were 

deposited into the Special and Other Fund, which is maintained by the Department of 

Finance (DOF). Fees collected for late campaign disclosures, voter registration lists, 

and other election-related services were deposited into the Office’s Imprest Fund 

Checking Account (Account), a petty cash account maintained solely by the supervisor 

of elections.

The Office claimed it collected $113,345 in program income during the period we

reviewed and that it deposited the funds into the accounts. Because the Office did not 

provide basic accounting records to support its claim, however, we could not ensure that

all of the fees it collected had been deposited. 
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For example, the Office’s St. Thomas location did not give us any cashier receipts and

deposit slips to verify fees collected and deposited. The only documentation St. Thomas

provided was interoffice memoranda to the supervisor and summaries to DOF prepared

from October 2006 to December 2012. During that time, the Office reported collecting

fees of $52,946. 

The St. Croix location provided more supporting documentation for its claim of $60,399 

in collections. Due to discrepancies in reports, cashier receipts, and deposit slips, 

however, we question whether all fees collected had been deposited. For example, we

found the following: 

• In eight instances, fee collectors did not maintain the required number of 

copies of receipts for voided transactions. In one of these instances, the 

amount recorded on a voided receipt was also reported as collected and

deposited.

• In two instances, dates on cashier receipts were changed to reflect fee

collections and deposits made later. 

• In some instances, cashier receipts totaled more than the amounts 

deposited; other receipts totaled less.

These examples are potential fraud indicators, exposing an environment of poor 

collection practices and an absence of internal controls. 

In addition, although EAC requires that program income be used only for HAVArelated activities, we found that the Office instead used the $113,345 it claimed to have 

collected for its operating expenses, such as office supplies. The Office also did not 

report any program income on its Federal Financial Reports. 

RECOMMENDATIONS: 

The auditors recommend that EAC: 

6. Require the Office to accurately determine the total amount of unreported 

program income collected;

7. Require the Office to amend its Federal Financial Reports to include program 

income earned from FY 2003 to FY 2011; 

8. Require the Office to report program income earned for FY 2012 and future 

reporting periods; 

9. Work with the Office to resolve the unreported program income of $113,345; 

10. Require the Office to establish adequate controls by maintaining reports, cashier 

receipts, and deposit slips to ensure that the amounts collected for program 

income are reported and deposited; and 

11. Require the Office to deposit all program income into the Election Fund. 
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ESVI Office Response to Recommendation 6: 

The Election System of the Virgin Islands (ESVI) concurs. ESVI has obtained a copy of 

EAC Advisory 07-002 dated March 20, 2007 – “Program Income and Set-Off of Cost 

Incident to Program Income” and will accurately determine the total amount of 

unreported program income going forward. ESVI will obtain all bank statements for FY 

2012 to determine the amount of program income collected and then complete the HAVA 

Report. Henceforth, ESVI will comply with HAVA requirements and submit timely 

reports.

EAC Response to Recommendation 6: 

The ESVI Supervisor has indicated that bank statement will be requested for each of the 

prior years to calculate the amount of unreported program income collected. This will be 

completed with bank or Department of Finance records as proof of documentation. EAC 

will work with the ESVI Office to ensure completed corrective action.

ESVI Office Response to Recommendation 7: 

The Election System of the Virgin Islands (ESVI) concurs. ESVI will review and amend 

the Federal Financial Report from FY 2003 – 2011 to include program income as 

applicable. ESVI will obtain copies of all relevant financial reports, and bank statements 

to assist with the preparation of these reports. ESVI will coordinate with the HAVA 

point of contact to receive any additional guidance on the way forward. ESVI will 

submit corrected FY 03 - FY 11 reports once this process is completed. 

EAC Response to Recommendation 7: 

ESVI is conducting research to obtain the program income amounts to correct the 

submitted Federal Financial reports from 2003 – 2011. EAC will work with the ESVI 

Office to ensure accuracy and completed corrected action.

ESVI Office Response to Recommendation 8: 

The Election System of the Virgin Islands (ESVI) concurs. ESVI will obtain copies of the 

interest earned financial reports from the Department of Finance and the current bank 

statement from the First Bank to verify the amount of funds applicable to this report. 

ESVI will prepare the FY 2012 report to reflect program income. ESVI will ensure 

program income is reported accurately on all reports going forward. 

EAC Response to Recommendation 8: 

EAC will work with the ESVI Office to ensure completed corrective action.
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ESVI Office Response to Recommendation 9: 

The Election System of the Virgin Islands (ESVI) concurs. ESVI will work with the 

HAVA Point of Contact to resolve the unreported program income of $113,345. ESVI 

will conduct extensive research, review and reconcile the unreported program income. 

Next step, ESVI will prepare and submit the reports with the accurate amount of program 

income.

EAC Response to Recommendation 9: 

Without documentation, the new ESVI management team indicates they cannot resolve 

the unreported program income amount of $113,345. EAC will work with the new 

management team and provide technical assistance to determine whether any secondary 

documentation exists before determining next steps. EAC ensure appropriate corrective 

action.

ESVI Office Response to Recommendation 10: 

The Election System of the Virgin Islands (ESVI) concurs. ESVI will purchase 

QuickBooks software and install the program on the server to provide accessibility to all 

employees. ESVI will utilize the Enterprise Resource Planning module which is hosted 

by the Department of Finance to track HAVA and Election System funds. ESVI will 

segregate the roles and responsibilities relevant to the receipt and processing of cash. 

ESVI will establish adequate controls for the processing of cashier receipts and deposit 

receipts. ESVI will maintain the applicable files and reports and conduct monthly, 

quarterly and annual reviews. ESVI will develop internal fiscal control measures to 

ensure this deficiency is not repeated.

EAC Response to Recommendation 10: 

The ESVI Supervisor purchased QuickBooks (3 licenses) and had it installed. Training 

was conducted December 15, 2013. Effective October 1, 2013, ESVI has different staff 

members depositing funds in the bank. EAC will follow up with the ESVI Office to 

determine what procedures are in writing and to ensure completed corrective action.

ESVI Office Response to Recommendation 11: 

The Election System of the Virgin Islands (ESVI) concurs. ESVI will obtain a copy of 

the September Bank Statement and begin the process of depositing all program income 

into the Election Fund Account. ESVI will develop procedures to ensure this process is 

implemented and followed in the future. ESVI will review bank statements monthly and 

prepare a quarterly report for the Joint Board to review. 

EAC Response to Recommendation 11: 

Effective October 1, 2013, ESVI began to deposit all program income into the Election 
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Fund Account. EAC will get a copy of the statements and a copy the procedures to help 

ensure appropriate corrective action.

Deficiencies with Internal Controls for Imprest Fund Checking Account Findings

In June 1998, the Virgin Islands Legislature passed Act No. 6239, establishing the 

Imprest Fund Checking Account (Account) for the Office. The act gave the supervisor 

of elections sole authority to write checks from the Account. The act also established

the Voter Identification and Registration Fund, which consists of all sums appropriated 

by the Legislature and all fees collected by the Office to replace voter identification

cards.

Monies in the Voter Identification and Registration Fund are disbursed into the 

Account by the Commissioner of DOF. Although DOF is responsible for maintaining a 

record of all monies deposited and disbursed from the Account, DOF officials

confirmed that the Office was managing this Account—and doing so separately from

DOF’s financial system.

We attempted to review the transactions in the Account. Beginning in January 2013, we 

made many requests to the Office for the 123 bank statements covering the period from

October 2002 to December 2012. The Office eventually provided 6 statements in April

2013, and DOF also provided the 24 bank statements it had received from the

supervisor—altogether, less than a quarter of the statements we requested. The 30 

statements we reviewed had deposits totaling $22,250. Because we did not receive all

of the statements and many of the statements we received had pages missing, we were 

unable to determine the entire amount deposited into the Account. Furthermore, we 

were unable to determine whether the funds were used for legitimate purposes. 

In addition to our difficulties obtaining the Account’s bank statements, we are

concerned about the Account’s transactions. In the 30 statements we reviewed, we

found 5 instances in which the supervisor wrote checks to himself. The checks’ memo

lines simply stated that the payments were reimbursements. In addition to writing

checks, the supervisor was the only one making deposits into the Account. Moreover,

the Account was not reconciled internally, but by an external contractor—a contractor

who reported directly to the supervisor.

A fundamental element of strong internal controls is the segregation of certain key 

duties. Segregation of duties, including making deposits, writing checks, and

reconciling accounts, reduces the likelihood of undetected fraud, waste, and

mismanagement. Because duties surrounding the Account were not segregated, the 

Account was left susceptible to misuse. We referred this issue to our Office of 

Investigations for further review.
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RECOMMENDATIONS: 

The auditors recommend that EAC: 

12. Require the Office to stop depositing HAVA-related fees into the Imprest Fund 

Checking Account; and 

13. Require the Joint Board of Elections to establish safeguards to mitigate the 

potential fraudulent use of the Imprest Fund Checking Account. 

ESVI Office Response to Recommendation 12: 

The Election System of the Virgin Islands (ESVI) concurs. ESVI will immediately cease 

depositing HAVA related fees into the Imprest Funds Checking Account. ESVI will 

develop procedures to establish proper protocols in designating distinct funding accounts. 

ESVI will conduct monthly reviews and reconciliations. 

EAC Response to Recommendation 12: 

Effective October 1, 2013, no HAVA related fees have been deposited into the Imprest 

Fund Checking Account. EAC will follow-up with the ESVI Office to review established 

protocols and the reconciliation process. EAC will ensure corrective action.

ESVI Office Response to Recommendation 13: 

The Election System of the Virgin Islands (ESVI) concurs. ESVI will discuss at the Joint 

Board meeting scheduled for 3rd October the requirement and importance of establishing 

safeguards to mitigate the potential use of the Imprest Fund. The Joint Board members 

need to prepare a proposal to the 30th Legislature to amend Title 33 of Virgin Islands 

Code to have this law changed. Once the proposal is submitted to the Legislature, ESVI 

will follow up with the Legislative Branch until this law is amended. Effective 

immediately, ESVI will require two signatures, a Board Chair and the Supervisor, prior to 

the withdrawal of any funds from the Imprest Account. 

EAC Response to Recommendation 13: 

The Joint Board held an “Advance Workshop” from December 13-15 and discussed the 

policy of having more than one person as signatory on checks. EAC will follow up with 

the ESVI to determine the status of establishing safeguards. We will ensure corrective 

action.

Property Management Deficiency Findings

The Code of Federal Regulations (41 C.F.R. § 105-71.132) states that a property

control system must have adequate safeguards to prevent loss, damage, or theft of 

property. Property records should include property descriptions, serial numbers,

identification numbers, sources, acquisition dates, locations, cost, and condition. In
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addition, a physical inventory of property must be taken and the results reconciled with

the records at least once every 2 years.

We found that the Office did not maintain detailed property records to properly account

for all of the equipment it purchased with HAVA funds. We were able to verify that the 

Office spent $550,189 for voting machines, e-poll books, servers, and other items, but 

we could not locate the items on the Office’s inventory lists. We also received

incomplete inventory lists, which prevented us from tracing pieces of equipment from 

the lists to their physical location or vice versa. The absence of property records makes

it impossible to ascertain the location and condition of the equipment. For these reasons,

we question the $550,189 the Office spent on equipment. 

Moreover, the Office did not conduct any of the required physical inventories of 

equipment. None of the officials we interviewed could remember the last time a 

physical inventory had been conducted. 

When equipment is no longer needed for the original project or program, an agency

must request disposition instructions from the awarding agency. Office officials

informed us that they did not know the Federal procedures for disposing of equipment.

Although the Office’s St. Croix location gave us a 2010 list of disposable items, Office

officials did not know if the items had actually been disposed of.

RECOMMENDATIONS: 

The auditors recommend that EAC require the Office to:

14. Immediately conduct a physical inventory to gain control of and account for 

equipment. The inventory should include property descriptions, serial numbers, 

identification numbers, source of property, acquisition dates, property locations, 

cost, and condition; 

15. Conduct physical inventories at least once every 2 years and reconcile them to 

property records; and 

16. Reconcile any equipment previously disposed of and adhere to Federal guidelines 

for future disposals.

ESVI Office Response to Recommendation 14: 

The Election System of the Virgin Islands (ESVI) partially concurs. Last inventory 

check conducted was on March 5, 2008 by Property and Procurement. ESVI will 

develop procedures for receiving, inventorying, storage and disposal of local and federal 

government property, to gain control of and account for all equipment. ESVI will 

conduct a physical inventory of all ESVI equipment on both islands. ESVI will establish 

protocols for conducting periodic inventory going forward.
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EAC Response to Recommendation 14: 

ESVI completed a property inventory on November 30, 2013. EAC will review the 

property inventory results and the inventory protocols and procedures. EAC will ensure 

corrective action.

ESVI Office Response to Recommendation 15: 

The Election System of the Virgin Islands (ESVI) concurs. ESVI will conduct physical 

inventories biennially and reconcile to property records. 

EAC Response to Recommendation 15: 

ESVI will conduct biennial inventories going forward. EAC will review the inventory 

schedule established by the ESVI Office. We will ensure corrective action.

ESVI Office Response to Recommendation 16: 

The Election System of the Virgin Islands (ESVI) concurs. ESVI will obtain a copy of 

the federal guidelines on disposal of equipment and adhere to the guidelines going 

forward. ESVI will review documentation of previously disposed equipment, annotate 

accordingly and maintain the relevant files. ESVI will prepare reports on disposed 

equipment, if applicable.

EAC Response to Recommendation 16: 

The ESVI Office has started to reconcile previously disposed equipment; the process is 

ongoing. EAC will forward applicable Advisory Opinions to assist with the 

reconciliation process. EAC will ensure corrective action.

HAVA Administrative Requirement Findings

HAVA requires States using Title II funds to maintain expenditures at least at the 

amount expended in FY 2000. The requirement was intended to prevent State

governments from using HAVA funds instead of local funds. For ESVI, this 

expenditure level was $1.4 million. 

We found that the Government of the Virgin Islands did not comply with the

expenditure requirement during FYs 2003, 2004, 2012, and 2013, for a total shortage 

of $1,028,303 (see Figure 2). According to EAC guidance, when States fail to meet the 

established expenditure requirement, the issue is to be addressed through EAC’s audit

resolution process. 

HAVA also requires that States establish administrative complaint procedures as a 

condition of receiving funds. The procedures must be uniform and nondiscriminatory;

any person who believes that there is a violation of any provision of Title III may file a 
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written, notarized complaint. The complainant may also request a hearing. If a violation 

is found, the State is required to provide the appropriate remedy. If the complaint is 

dismissed, the results should be published. According to the procedures, the State must 

make a final determination about the complaint within 90 days from the date it is filed.

We found that the Office did not adequately follow HAVA’s administrative complaint

procedures. We reviewed all 13 notarized complaints recorded for 2 election cycles and

found that the Office had not responded to 12 of them. For the one complaint the Office

did respond to, we did not find any documentation to prove that the issue had been 

resolved. 

We also found that complaint files were incomplete and disorganized. Complaints

recorded in logbooks were not found in complaint files. Further, complaints were

loosely filed and detached from their supporting documents; resolutions were not kept 

with original complaints; and we were not provided complaints addressed to board 

members, which are logged separately from complaints to the Office.

These issues concerning the administrative complaint procedures and maintaining

complaint files indicate that ESVI did not follow HAVA administrative requirements, 

resulting in voters’ grievances not being addressed. 

RECOMMENDATIONS: 

The auditors recommend that EAC:

17. Require the Government of the Virgin Islands to maintain expenditures at the FY 

2000 expenditure level as require by HAVA §254(a)(7); 

18. Address the failure to meet established expenditure requirements through its audit 

resolution process; 

19. Require the Office to adhere to administrative complaint procedures in 

accordance with HAVA § 402(a); and 

20. Require the Office to maintain a complete complaint file that includes, at a 

minimum, all complaints, responses, records of hearings, and outcomes. 

ESVI Office Response to Recommendation 17: 

The Election System of the Virgin Islands (ESVI) concurs. ESVI will remind the 

Government of the Virgin Islands of the requirement to comply with HAVA 254(a)(7). 

ESVI will ensure the Annual Budget report address this federal mandate and it is 

constantly on the forefront when briefing the Legislature. ESVI will inform the Office of 

Management & Budge and Department of Finance of this HAVA funding law. 
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EAC Response to Recommendation 17: 

The ESVI Office shared the audit report findings regarding the funding levels with the 

Finance Chair of the Legislature and the Director of the Office of Management and 

Budget of November 27, 2013. EAC will follow up with the Office and get evidence of 

compliance when EAC funds are spent. EAC will ensure corrective action.

ESVI Office Response to Recommendation 18: 

The Election System of the Virgin Islands (ESVI) concurs. ESVI will address the 

deficiencies with our designated Election Assistance Commission representative once the 

final report is received. ESVI’s goal is to correct the deficiencies and not have any 

repeated deficiencies. 

EAC Response to Recommendation 18: 

ESVI will address the past failure to meet established expenditure requirements through 

audit resolution process with EAC and will maintain lines of communication going 

forward. EAC will continue to work with the ESVI Office and ensure corrective action 

by establishing effective communication.

ESVI Office Response to Recommendation 19: 

The Election System of the Virgin Islands (ESVI) concurs. ESVI will adhere to 

administrative complaint procedures in accordance with HAVA 402 (a). This policy is 

presently posted on our website; however, we will ensure the citizens are aware, educated 

on its use and encouraged to utilize this process. ESVI will create or revise complaint 

forms to establish the proper protocol use of administrative complaints. ESVI will 

maintain compliance with HAVA procedures and guidelines. 

EAC Response to Recommendation 19: 

Effective October 1, 2013, the ESVI Office began to adhere to administrative complaint 

procedures in accordance with HAVA §402(a). EAC will work with the ESVI Office to 

ensure completed corrective action.

ESVI Office Response to Recommendation 20: 

The Election System of the Virgin Islands (ESVI) concurs. ESVI will maintain a 

complete complaint file that includes all complaints, at a minimum, all responses, records 

of hearings and outcomes, ESVI will emphasize the importance of this requirement to all 

staff members, Board members and election part-time workers, ESVI will maintain 

compliance with HAVA procedures and guidelines. 
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EAC Response to Recommendation 20: 

Effective October 1, 2013, the ESVI Office began maintain a files that includes all 

complaint responses, records of hearings and outcomes. EAC will verify the ESVI 

procedure and ensure corrective action.