B-316107, Election Assistance Commission--Availability of Funds for Purchase of Replacement Voting Equipment, March 19, 2008

B-316107 Mar 19, 2008 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Section 251 of the Help America Vote Act of 2002 (HAVA), 42 U.S.C. sect. 15401, authorizes the Election Assistance Commission (EAC) to provide payments to states for a variety of enumerated purposes, including procurement of HAVA-compliant voting systems to improve the administration of federal elections. HAVA leaves to the states what type of voting equipment the individual states should use, as long as the equipment complies with HAVA. At issue in this decision is whether under section 251 of HAVA a state may fund the replacement of HAVA-compliant voting systems, originally purchased with HAVA funds, with a different kind of HAVA-compliant voting system. We conclude that EAC's proposed policy to permit such expenses is within EAC's discretion in its exercise of statutory authority under HAVA. View Decision B-316107, Election Assistance Commission--Availability of Funds for Purchase of Replacement Voting Equipment, March 19, 2008 Decision Matter of: Election Assistance Commission—Availability of Funds for Purchase of Replacement Voting Equipment File: B-316107 Date: March 19, 2008 DIGEST Section 251 of the Help America Vote Act of 2002 (HAVA), 42 U.S.C. sect. 15401, authorizes the Election Assistance Commission (EAC) to provide payments to states for a variety of enumerated purposes, including procurement of HAVA-compliant voting systems to improve the administration of federal elections. HAVA leaves to the states what type of voting equipment the individual states should use, as long as the equipment complies with HAVA. At issue in this decision is whether under section 251 of HAVA a state may fund the replacement of HAVA-compliant voting systems, originally purchased with HAVA funds, with a different kind of HAVA-compliant voting system. We conclude that EAC's proposed policy to permit such expenses is within EAC's discretion in its exercise of statutory authority under HAVA. DECISION The Election Assistance Commission (EAC) has requested a decision regarding its Proposed Policy to permit use of Help America Vote Act of 2002 (HAVA) funds to purchase a HAVA-compliant voting system even though the system replaced was originally purchased with HAVA funds.[1] Letter from Rosemary E. Rodriguez, Chair, Election Assistance Commission, to David M. Walker, Comptroller General of the United States, Feb. 21, 2008 (Rodriguez Letter). At issue in this decision is whether payments made to states under section 251 of HAVA (42 U.S.C. sect. 15401) are available to fund the replacement of HAVA-compliant voting systems, originally purchased with HAVA funds, with a different kind of HAVA-compliant voting system. HAVA does not expressly state whether funds can be used for this purpose. We conclude that it is within EAC's legitimate range of discretion to determine that section 251 funds may be used to replace systems that are already HAVA-compliant and were purchased with HAVA funds. Accordingly, we would not object to the Proposed Policy. EAC included in its request for an expedited decision in this matter its legal views and relevant factual material. To supplement the record, we held a telephone conference call with EAC officials on March 6, 2008. GAO, Procedures and Practices for Legal Decisions and Opinions, GAO-06-1064SP (Washington, D.C.: Sept. 2006), available at www.gao.gov/legal/resources.html. BACKGROUND The Help America Vote Act of 2002 (HAVA) established the EAC to assist in the administration of federal elections and charged the EAC with distributing payments to states under its authorized funding programs. Pub. L. No. 107-252, 116 Stat. 1666 (Oct. 29, 2002); 42 U.S.C. sections 15301--15545. HAVA established three programs for the EAC[2] to distribute money to the states to implement HAVA, including the purchase of HAVA-compliant voting systems. These programs are set out in section 101 (42 U.S.C. sect.15301), section 102 (42 U.S.C. sect.15302), and section 251 (42 U.S.C. sect.15401) of HAVA. The funding program that is relevant to this decision is the section 251 program. Section 251 authorizes payments to states, referred to as –requirements payments,— for certain enumerated purposes, including improving the administration of elections for federal office. HAVA provides that states may use requirements payments to implement provisional voting; provide information to voters in the polling place; procure voting systems that comply with the requirements of Title III of HAVA;[3] develop and implement a computerized statewide voter registration list; implement identification requirements for first-time voters who register to vote by mail; and improve the administration of elections for federal office.