[Federal Register: July 10, 2008 (Volume 73, Number 133)]
[Notices]
[Page 39679-39680]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jy08-46]
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ELECTION ASSISTANCE COMMISSION
Request for Public Comment on Proposed Guidelines Regarding Help
America Vote Act (HAVA) Section 254(a)(11)
AGENCY: Election Assistance Commission.
ACTION: Notice.
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SUMMARY: The EAC seeks public comment on proposed guidelines designed
to assist States in determining what constitutes a ``material change in
the administration of a State plan'' under HAVA Section 254(a)(11).
DATES: Comments must be received on or before 4 p.m. on August 11,
2008.
ADDRESSES: Comments must be submitted in either electronic or written
form. Comments may be submitted electronically to havafunding@eac.gov.
E-mail comments should contain ``State Plan Guidelines Comments'' in
the subject line. Written comments should be sent to: State Plan
Guidelines Comments, U.S. Election Assistance Commission, 1225 New York
Ave., NW., Suite 150, Washington, DC 20005. Commenters are encouraged
to submit comments electronically to ensure timely receipt and
consideration.
FOR FURTHER INFORMATION CONTACT: Mr. Edgardo Cort[eacute]s, Acting
Division Director, Election Administration Support Division, (202) 566-
3100 or toll-free (866) 747-1471.
SUPPLEMENTARY INFORMATION:
Guidelines on HAVA Section 254(a)(11): Material Changes in the
Administration of HAVA State Plans
A material change in the administration of the State plan (material
change), as referenced by the Help America Vote Act (HAVA) Section
254(a)(11), occurs under five different circumstances. These guidelines
are based on the general federal requirements for updating State plans
and post award changes contained in Office of Management and Budget
Circular A-102 (41 CFR part 105-71). Material changes require a State
to amend the State plan according to the provisions of HAVA Sections
254, 255, and 256. The examples provided below may not be applicable in
all circumstances; likewise, the specific instances for when the State
plan should be amended are not limited to the examples provided. The
Election Assistance Commission (EAC) advises States to amend the State
plan in the event of any of following five circumstances:
(1) New or revised Federal laws or regulations affecting HAVA
[[Page 39680]]
implementation. [Based on requirement in 41 CFR 105-71.111(d)(1)]
New or amended Federal statutes or regulations, including
appropriations statutes, resulting in a change in scope, purpose,
budget, or period of availability of funds requires an amended State
plan.
Example: Congress passes legislation to amend the Title III
requirements of HAVA.
(2) New or revised State law, organization, or policy affecting
HAVA implementation. [Based on requirement in 41 CFR 105-71.111(d)(2)]
New or amended State statutes, organization, or policy resulting in
a change in scope, purpose, budget, or period of availability of funds
requires an amended State plan.
Example: (1) State legislation is passed that changes the voting
equipment requirements for the State, thus changing the method of
implementation of Title III Voting Systems requirements; (2) The
responsibility for implementing the plan was previously with the
State Attorney General and has now changed to Secretary of State.
(3) A budget change of 10 percent or more of the HAVA fiscal year's
cumulative budget across budgeted programs, activities, functions or
activities. [Based on requirement in 41 CFR 105-71.130(c)(1)(ii)]
A change of more than 10 percent of the cumulative budget of the
fiscal year's requirement payment from one budgeted category to another
requires an amended State plan.
Example: A portion of funds, greater than 10 percent of the
requirements payment received, budgeted for use in developing the
Computerized Statewide Voter Registration List is determined to no
longer be needed for the budgeted purpose, and the State would like
to use the funds for improvements to the administration of Federal
elections.
(4) A revision in the scope or objective of the project. [Based on
requirement in 41 CFR 105-71.130(d)(1)]
A change in the means by which a State plans to achieve the HAVA
objectives requires an amended State plan.
Example: (1) The State decides to purchase equipment at the
State level instead of subgranting to the counties; (2) The State
changes the development of the Computerized Statewide Voter
Registration List from a bottom up system to a state centralized
system; (3) The State files a certification under HAVA Section
251(b)(2)(A), indicating that the State has implemented the
requirements of Title III and will use the requirements payments to
carry out other activities to improve the administration of
elections for Federal office, and did not account for post-Title III
compliance activities in the original State plan; (4) The State
changes the type of voting system originally planned for use in
Title III compliance; the State decides to use an optical scan
system with ballot marking devices instead of a direct recording
electronic (DRE) system.
(5) An extension in the period of availability of HAVA funds.
[Based on requirement in 41 CFR 105-71.130(d)(2)]
An increase in the amount of funding authorized under HAVA
appropriated to the State not provided for in the original State plan
or funds remaining in a fiscal year not covered by the original State
plan requires an amended State plan.
Example: (1) A new requirements payment is appropriated for a
fiscal year not covered by the State plan; (2) The State has funds
from a previous fiscal year's requirements payment remaining in a
fiscal year not provided for under the current State plan.
Dated: July 2, 2008.
Thomas R. Wilkey,
Executive Director, U.S. Election Assistance Commission.
[FR Doc. E8-15690 Filed 7-9-08; 8:45 am]
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