Election Administration: Federal Grant Funding December 21, 2020July 8, 2022
for States and Localities
Karen L. Shanton
States, territories, and localities have primary responsibility for administering elections in the
States, territories, and localities have primary responsibility for administering elections in the
Analyst in American
Analyst in American
United States, but Congress has tools it can use to support or shape their efforts
United States, but Congress has tools it can use to support or shape their efforts
if it chooses to do if it chooses to do
National Government
National Government
so. One of those tools is funding. Congress can use its power to provide—and set conditions
so. One of those tools is funding. Congress can use its power to provide—and set conditions
on—funding to encourage or help states and localities to adopt, reject, implement, or maintain
on—funding to encourage or help states and localities to adopt, reject, implement, or maintain
election administration policies and practices. election administration policies and practices.
Congress has used or proposed using funding to engage with election administration issues in various ways, including by
Congress has used or proposed using funding to engage with election administration issues in various ways, including by
directing federal agencies to use some of their funding to support state directing federal agencies to use some of their funding to support state
an dand local election administration work and by local election administration work and by
considering conditioning eligibility for certain federal funds on adopting or rejecting election administration policies. Perhaps considering conditioning eligibility for certain federal funds on adopting or rejecting election administration policies. Perhaps
the most direct way in which Congress has used funding is by establishing and funding state and local grant programs the most direct way in which Congress has used funding is by establishing and funding state and local grant programs
specifically for election administration-related purposes. specifically for election administration-related purposes.
Congress first authorized major election administration-related grant programs for states and localities in response to issues
Congress first authorized major election administration-related grant programs for states and localities in response to issues
with the conduct of the 2000 elections. The Help America Vote Act of 2002 (HAVA; 52 U.S.C. §§20901-21145) set new with the conduct of the 2000 elections. The Help America Vote Act of 2002 (HAVA; 52 U.S.C. §§20901-21145) set new
requirements for the administration of federal elections and created the election administration-focused U.S. Election requirements for the administration of federal elections and created the election administration-focused U.S. Election
Assistance Commission (EAC). It also authorized election administration-related grant programs. Assistance Commission (EAC). It also authorized election administration-related grant programs.
The main grant programs Congress authorized in HAVA were three programs to make funds available to the 50 states, the
The main grant programs Congress authorized in HAVA were three programs to make funds available to the 50 states, the
District of Columbia (DC), American Samoa, Guam, Puerto Rico, and the U.S. Virgin Islands for (1) making District of Columbia (DC), American Samoa, Guam, Puerto Rico, and the U.S. Virgin Islands for (1) making
certain general general
improvements to improvements to
theelection administration administration
of federal elections, (2) replacing lever and punch card voting systems, and (3) meeting , (2) replacing lever and punch card voting systems, and (3) meeting
the new requirements established by the act. HAVA also authorized grant programs to meet some of the other needs the new requirements established by the act. HAVA also authorized grant programs to meet some of the other needs
Congress identified in the aftermath of the 2000 elections: improving electoral access for individuals with disabilities, Congress identified in the aftermath of the 2000 elections: improving electoral access for individuals with disabilities,
conducting election technology research, encouraging youth voter participation, and facilitating poll worker recruitment. conducting election technology research, encouraging youth voter participation, and facilitating poll worker recruitment.
Only a few election administration-
Only a few election administration-
relatedspecific grant programs—aimed at reimbursing certain voting system replacement costs grant programs—aimed at reimbursing certain voting system replacement costs
that were not covered by HAVA’s lever and punch card voting system replacement grant program, enhancing the collection that were not covered by HAVA’s lever and punch card voting system replacement grant program, enhancing the collection
of election data, and improving electoral access for military and overseas voters—have been authorized for states and of election data, and improving electoral access for military and overseas voters—have been authorized for states and
localities since HAVA. Most of the funding Congress has made available to states and localities for election administration-localities since HAVA. Most of the funding Congress has made available to states and localities for election administration-
related purposes has, instead, been appropriated under grant programs authorized by that act. related purposes has, instead, been appropriated under grant programs authorized by that act.
Since HAVA was enacted in 2002, Congress has appropriated funding regularly for one or both of the act’s disability access
Since HAVA was enacted in 2002, Congress has appropriated funding regularly for one or both of the act’s disability access
grant programs and more intermittently for other elections-related purposes. The latter funding includes, most recently, grant programs and more intermittently for other elections-related purposes. The latter funding includes, most recently,
funding for FY2018funding for FY2018
, FY2020, and FY2022. The first of those recent rounds of HAVA funding—provided by the Consolidated Appropriations Act, 2018 (P.L. 115-141)—followed reports of attempted interference in the 2016 elections. Ongoing security concerns and other challenges for election administration, such as the onset of the Coronavirus Disease 2019 (COVID-19) pandemic, prompted inclusion of further funding for HAVA grants in the FY2020 and FY2022 and FY2020. Attempted interference in elections emerged as a significant issue in the 2016 election cycle, and the 2020 cycle saw the onset of the COVID-19 pandemic. Congress responded to those two developments—and the challenges each introduced for election administration—by including funding for HAVA grants in the FY2018 and FY2020 regular appropriations acts (P.L. regular appropriations acts (P.L.
115-141116-93 and P.L. and P.L.
116-93117-103) and in supplemental appropriations for FY2020 (P.L. ) and in supplemental appropriations for FY2020 (P.L.
116-136)116-136)
, respectively. .
Congress has also considered authorizing or funding other elections-related grant programs for states and localities since the
Congress has also considered authorizing or funding other elections-related grant programs for states and localities since the
2016 elections. In 2016 elections. In
2020the 117th Congress, for example, the House passed , for example, the House passed
a version of the Heroestwo bills—the Freedom to Vote: John R. Lewis Act (H.R. Act (H.R.
6800; passed 208-199) that would make funding available for elections contingency planning, preparation, and resilience and an FY2021 consolidated appropriations bill (H.R. 7617; passed 217-197) that included funding for replacing direct-recording electronic (DRE) voting machines and other elections-related purposes. Various bills in the 116th Congress, including the Heroes Act, would authorize new grant programs to help states or localities address election interference or the Coronavirus Disease 2019 (COVID-19) pandemic or implement other election administration policies or practices, such as ranked choice voting5746, passed 220-203) and a version of the For the People Act of 2021 (H.R. 1, passed 220-210)—that would authorize multiple elections grant programs, including for recruiting and training poll workers, implementing absentee ballot tracking programs, improving the accessibility of elections to individuals with disabilities, and complying with new voter registration and voting system requirements that would be established by the bills. .
The increased prominence of state and local elections grant programs since the 2016 election cycle might suggest questions
The increased prominence of state and local elections grant programs since the 2016 election cycle might suggest questions
about what, if any, role such programs about what, if any, role such programs
mightcould play in future federal election administration policy. Choices about how grant play in future federal election administration policy. Choices about how grant
programs are structured can help determine how effective they are at achieving their intended purposes and what, if any, programs are structured can help determine how effective they are at achieving their intended purposes and what, if any,
unintended consequences they might have. Information about the options available for structuring grant programs might, unintended consequences they might have. Information about the options available for structuring grant programs might,
therefore, be of interest both to Members who are considering proposing a continuing role for such programs in federal therefore, be of interest both to Members who are considering proposing a continuing role for such programs in federal
elections policy and to Members who are weighing whether to support, oppose, or amend such proposals. elections policy and to Members who are weighing whether to support, oppose, or amend such proposals.
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Election Administration: Federal Grant Funding for States and Localities
Contents
Introduction ..................................................................................................................................... 1
Overview of Grant Programs ........................................................................................................... 2
General Improvements Grant Program ..................................................................................... 4
Voting System Replacement Grant Programs ........................................................................... 7
Requirements Payments Program ............................................................................................. 7
Disability Access Grant Programs ............................................................................................ 11
Election Technology Research Grant Programs ...................................................................... 13 13
Youth Voter Participation and Poll Worker Recruitment Grant Programs .............................. 13
Election Data Collection Grant Program ................................................................................ 14
Potential Considerations for Congress .......................................................................................... 14
Role of Federal Grant Programs .............................................................................................. 15
Options for Legislative Proposals ........................................................................................... 16
Uses of Funds .................................................................................................................... 17
Amount of Funding ........................................................................................................... 18 Recipients of Funding .......... 18
Recipients of Funding ............................................................................................. 19
Availability of Funding ..................................................................................................... 21
Administration of Grant Programs .................................................................................... 22
Concluding Observations ........... 22
Concluding Observations ................................................................................................... 24
Tables
Table 1. Selected Details of HAVA’s Three Main Grant Programs ................................................. 3
Table 2. Appropriations for Election Administration-Related Grant Programs for States
and Localities, FY2003-FY2011 .................................................................................................. 5
Table 3. Appropriations for Election Administration-Related Grant Programs for States
and Localities, FY2012-FY2020 FY2022 .................................................................................................. 6
Table 4. Election Administration-Related Grant Programs for States or Localities, as
Authorized .................................................................................................................................... 8
Table 5. Comparison of Original HAVA General Improvements Grant Program withto
FY2018, FY20202020, 2022, and CARES Act Funds ............................................................................ 12
Table A-1. Proposals to Authorize, Fund, or Modify Election Administration-Related
Grant Programs for States or Localities, 116th117th Congress ............................................................ 25
Table B-1. Selected Options for Structuring Election Administration-Related Grant
Programs for States and Localities ............................................................................................. 39
Appendixes
Appendix A. Legislation in the 116th117th Congress ............................................................................. 25
Appendix B. Selected Options for Structuring Grant Programs.................................................... 39
Congressional Research Service
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4647 Election Administration: Federal Grant Funding for States and Localities
Contacts
Author Information ........................................................................................................................ 43 42
Congressional Research Service
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Election Administration: Federal Grant Funding for States and Localities
Introduction
States1 and localities have primary responsibility for administering elections in the United States, States1 and localities have primary responsibility for administering elections in the United States,
but Congress has tools it can use to support or shape their efforts if it chooses to do so. One of but Congress has tools it can use to support or shape their efforts if it chooses to do so. One of
those tools is funding. Congress can use its power to provide—and set conditions on—funding to those tools is funding. Congress can use its power to provide—and set conditions on—funding to
encourage or help states and localities to adopt, reject, implement, or maintain election encourage or help states and localities to adopt, reject, implement, or maintain election
administration policies or practices. administration policies or practices.
Congress has used or proposed using funding to engage with election administration issues in
Congress has used or proposed using funding to engage with election administration issues in
a number ofvarious ways. It has directed federal agencies to use some of their funding to support state and ways. It has directed federal agencies to use some of their funding to support state and
local elections work,2 for example, and authorized more general grant programs that have been local elections work,2 for example, and authorized more general grant programs that have been
used to fund elections-related projects.3 Members have also introduced used to fund elections-related projects.3 Members have also introduced
bil sbills that would condition that would condition
eligibility eligibility for certain federal funds on adopting or rejecting election administration policies.4 for certain federal funds on adopting or rejecting election administration policies.4
Perhaps the most direct way in which Congress has used funding is by establishing and funding
Perhaps the most direct way in which Congress has used funding is by establishing and funding
state and local grant programs state and local grant programs
specifical yspecifically for election administration-related purposes.5 This for election administration-related purposes.5 This
report focuses on those types of grant programs.6 It starts with an overview of the election report focuses on those types of grant programs.6 It starts with an overview of the election
1 As used 1 As used in this report, “states” is generally intended to refer to the 50 states, the U.S. territories, and the District of in this report, “states” is generally intended to refer to the 50 states, the U.S. territories, and the District of
ColumbiaColumbia
(DC). Where the narrower usage(DC). Where the narrower usage
of the term is intended, the report uses the phrase “the 50 states.” of the term is intended, the report uses the phrase “the 50 states.”
T heThe report report
also introduces the term “also introduces the term “
HAVA states” to refer to the jurisdictions includedHAVA states” to refer to the jurisdictions included
in the Help America Vote Act of 2002’s in the Help America Vote Act of 2002’s
(HAVA’s)(HAVA’s)
definition of “state”: the 50 states, DC, American Samoa, Guam,definition of “state”: the 50 states, DC, American Samoa, Guam,
Puerto Rico, and the U.S.Puerto Rico, and the U.S.
Virgin Virgin Islands.Islands.
2 T he 2 The U.S. Election Assistance Commission (EAC) is generally charged with supporting state and local election U.S. Election Assistance Commission (EAC) is generally charged with supporting state and local election
administration efforts, for example, and certain appropriations to the U.S. Department of Homeland Security’s administration efforts, for example, and certain appropriations to the U.S. Department of Homeland Security’s
Cybersecurity and Infrastructure Security Agency (CISA)Cybersecurity and Infrastructure Security Agency (CISA)
have been designatedhave been designated
for providing states and localities with for providing states and localities with
election security support. For more on the EAC and on CISA’selection security support. For more on the EAC and on CISA’s
election security work, respectively, see CRSelection security work, respectively, see CRS
Report Report
R45770, R45770,
The U.S. Election Assistance Com m ission Commission: Overview and Selected Issues for Congress, by Karen L. Shanton; , by Karen L. Shanton;
and CRSand CRS
In FocusIn Focus
IF11445, IF11445,
The Election Infrastructure Subsector: Developm entDevelopment and Challenges, by Brian E. , by Brian E.
Humphreys and Karen L. Shanton. For more on the role of federal agenciesHumphreys and Karen L. Shanton. For more on the role of federal agencies
in election administration in general, see in election administration in general, see
CRSCRS
Report R45302, Report R45302,
Federal Role in U.S. Cam paignsCampaigns and Elections: An Overview,,
by R. Samby R. Sam
Garrett Garrett. .
3 Some non-elections-specific grant programs that have awarded grants for elections-related projects include the
3 Some non-elections-specific grant programs that have awarded grants for elections-related projects include the
FederalFederal
Emergency Management Agency’s PublicEmergency Management Agency’s Public
Assistance Program and homeland security preparedness grant Assistance Program and homeland security preparedness grant
programs, the U.S. Department of Education’s Fund for the Improvement of Educationprograms, the National Science , the National Science
Foundation’s RapidFoundation’s Rapid
Response Research program, and the Defense Advanced Research Projects Agency’s System Response Research program, and the Defense Advanced Research Projects Agency’s System
Security Integration Security Integration
T hroughThrough Hardware and Firmware Hardware and Firmware
program. For more on some of those grant programs, see CRS program. For more on some of those grant programs, see CRS
Report R41981, Report R41981,
Congressional Prim erPrimer on Responding to and Recovering from Major Disasters and Em ergencies Major Disasters and Emergencies, by Bruce , by Bruce R. Lindsay and Elizabeth M. Webster; and CRSR. Lindsay and Elizabeth M. Webster; and CRS
Report R44669, Report R44669,
Departm ent of Hom elandDepartment of Homeland Security
Preparedness Grants: A Sum m arySummary and Issues, by Shawn, by Shawn
Reese. Reese.
4
4
T heThe uses of funding uses of funding
described described in this paragraph—including proposals to condition eligibility for federal fundingin this paragraph—including proposals to condition eligibility for federal funding
on on
adopting or rejecting election administration policies, such as adopting or rejecting election administration policies, such as
the 116 th Congress’s Democracy Restoration Act of 2019 (H.R. 196/S. 1068) and Election Fraud Prevention Act (H.R. 6882certain provisions of the 117th Congress’s Citizen Legislature Anti-Corruption Reform of Elections (CLEAN Elections) Act (H.R. 100) and Democracy Restoration Act of 2021 (S. 481)—are outside the scope of this report. )—are outside the scope of this report.
5 Some of the 5 Some of the
funding programsfunds HAVA HAVA
authorized for states and localities are referred to in the act as authorized for states and localities are referred to in the act as
payment programs and some are described as grant programspayments, and others are described as grants. A question arose, after HAVA. A question arose, after HAVA
was was enacted, about whether some enacted, about whether some
of the act’s of the act’s
payment programs meet payments meet the federal criteria for the federal criteria for
grant programs. T hegrants. The U.S. Government Accountability U.S. Government Accountability
Office (GAO), which wasOffice (GAO), which was
asked by the EAC’s general counsel to issueasked by the EAC’s general counsel to issue
a decision on the question, determined that they a decision on the question, determined that they
do. Given the GAOdo. Given the GAO
decision—anddecision—and
with the exception of HAVA’s requirements payments, which are generally referred with the exception of HAVA’s requirements payments, which are generally referred
to in elections contexts as such—this report refers to funding and fundingto in elections contexts as such—this report refers to funding and funding
programs as grant fundingprograms as grant funding
and grant and grant
programs. GAO,programs. GAO,
Election Assistance Com m ission—Paym ents Commission—Payments to States under the Help Am erica Vote America Vote Act of 2002, ,
decision, May 9, 2017, at https://www.gao.gov/products/b-328615. decision, May 9, 2017, at https://www.gao.gov/products/b-328615.
6
6
T heThe report covers grant programs for state and local election officials as well report covers grant programs for state and local election officials as well
as as (1) grant programs for nongrant programs for non
-elections--elections-
specific government entitiesspecific government entities
like, such as public institutions of higher education public institutions of higher education
, and and
(2) grant programs that are available to grant programs that are available to
nongovernmental entitiesnongovernmental entities
like, such as private research institutions private research institutions
, in addition to state and local governments. It does not in addition to state and local governments. It does not
addressaddress
cooperative agreements or contracts, grant programs that would make fundingcooperative agreements or contracts, grant programs that would make funding
available available for redistricting or for redistricting or
publicpublic
financing for political campaigns, or appropriations for elections that do not include federal candidates, suchfinancing for political campaigns, or appropriations for elections that do not include federal candidates, such
as as
the funding Congressthe funding Congress
has provided for plebiscites on Puerto Rico’s political status. For more on some of those issues, has provided for plebiscites on Puerto Rico’s political status. For more on some of those issues,
see CRS Insight IN11053, Redistricting Commissions for Congressional Districts, by Sarah J. Eckman; CRS Report
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Election Administration: Federal Grant Funding for States and Localities
administration-related grant programs Congress has authorized for states and localities to date and
administration-related grant programs Congress has authorized for states and localities to date and
the funding it has appropriated for them. It then introduces some issues that may be of interest to the funding it has appropriated for them. It then introduces some issues that may be of interest to
Members who are considering whether or how to authorize new election administration-related Members who are considering whether or how to authorize new election administration-related
grant programs for states or localities or appropriate further funding for existing programs. grant programs for states or localities or appropriate further funding for existing programs.
This That latter part of the report describes some of the reasons Members might support or oppose authorizing or part of the report describes some of the reasons Members might support or oppose authorizing or
funding elections grant programs—such as differing views about the proper role of the federal funding elections grant programs—such as differing views about the proper role of the federal
government in funding election administration—and some of the options available to Members government in funding election administration—and some of the options available to Members
who choose to propose new elections grant programs or funding. who choose to propose new elections grant programs or funding.
Overview of Grant Programs
Congress first authorized major election administration-related grant programs for states and Congress first authorized major election administration-related grant programs for states and
localities in response to issues with the conduct of the 2000 elections. The highest-profile localities in response to issues with the conduct of the 2000 elections. The highest-profile
problems in 2000 were in Florida, where issues with the vote count delayed the resolution of the problems in 2000 were in Florida, where issues with the vote count delayed the resolution of the
presidential election for weeks. However, subsequent hearings and investigations found that presidential election for weeks. However, subsequent hearings and investigations found that
election administration issues were widespread and that, given variations in state and local election administration issues were widespread and that, given variations in state and local
election administration policies and procedures, they varied across jurisdictions. Elections experts election administration policies and procedures, they varied across jurisdictions. Elections experts
reported that voter registration problems prevented many otherwise eligible voters from casting reported that voter registration problems prevented many otherwise eligible voters from casting
bal otsballots, for example, and that the lever and punch card voting systems used by some jurisdictions , for example, and that the lever and punch card voting systems used by some jurisdictions
failed to record votes at disproportionately high rates.7 failed to record votes at disproportionately high rates.7
Congress responded to the issues with the administration of the 2000 elections—in the Help
Congress responded to the issues with the administration of the 2000 elections—in the Help
America Vote Act of 2002 (HAVA;America Vote Act of 2002 (HAVA;
52 U.S.C. §§20901-21145)—by setting new requirements for 52 U.S.C. §§20901-21145)—by setting new requirements for
the administration of federal elections and creating the election administration-focused U.S. the administration of federal elections and creating the election administration-focused U.S.
Election Assistance Commission (EAC).8 It also responded by authorizing election Election Assistance Commission (EAC).8 It also responded by authorizing election
administration-related grant programs. administration-related grant programs.
The main grant programs Congress authorized in HAVA
The main grant programs Congress authorized in HAVA
were three programs to make funds were three programs to make funds
availableavailable
to the 50 states, the District of Columbia (DC), American Samoa, Guam, Puerto Rico, to the 50 states, the District of Columbia (DC), American Samoa, Guam, Puerto Rico,
and the U.S. Virgin Islands (referred to hereinafter as the “HAVAand the U.S. Virgin Islands (referred to hereinafter as the “HAVA
states”) for (1) making states”) for (1) making
certain general general
improvements to improvements to
theelection administration administration
of federal elections, (2) replacing lever and punch card voting , (2) replacing lever and punch card voting
systems, and (3) meeting the new requirements established by the act (for details of the formulas systems, and (3) meeting the new requirements established by the act (for details of the formulas
for for
al ocatingallocating funding under these programs, se funding under these programs, se
e Table 1). HAVA. HAVA
also authorized grant programs also authorized grant programs
to meet some of the other needs Congress identified in the aftermath of the 2000 elections: to meet some of the other needs Congress identified in the aftermath of the 2000 elections:
improving electoral access for individuals with disabilities, conducting election technology improving electoral access for individuals with disabilities, conducting election technology
research, encouraging youth voter participation, and facilitating poll worker recruitment.research, encouraging youth voter participation, and facilitating poll worker recruitment.
see CRS Insight IN11053, Redistricting Com m issions for Congressional Districts, by Sarah J. Eckman; CRS Report
RL33814, RL33814,
Public Financing of Congressional Cam paignsCampaigns: Overview and Analysis, by R. Sam, by R. Sam
Garrett Garrett; and CRS; and CRS
Report Report
R44721, R44721,
Political Status of Puerto Rico: Brief Background and Recent Developm entsDevelopments for Congress, by R. Sam, by R. Sam
Garrett . 7 See, Garrett.
7 See, for example, U.S. Congress,for example, U.S. Congress,
House Committee on House Administration, Committee on House Administration,
Federal Election Reform , hearing, , hearing,
107th Cong., 1st sess., May 10, 2001 (Washington, DC: GPO, 2003); U.S. Congress,107th Cong., 1st sess., May 10, 2001 (Washington, DC: GPO, 2003); U.S. Congress,
Senate Senate
Commit teeCommittee on Rules and on Rules and
Administration, Administration,
Election Reform : Volum e: Volume 1, hearing, 107th Cong., 1st sess.,, hearing, 107th Cong., 1st sess.,
March 14, 2001, S.Hrg. 107-1036 March 14, 2001, S.Hrg. 107-1036
(Washington, DC: GPO, 2003); R. Michael Alvarez et al., (Washington, DC: GPO, 2003); R. Michael Alvarez et al.,
Voting—What Is, What Could Be, Caltech/MIT, Caltech/MIT
Voting Voting
T echnologyTechnology Project, July 2001, at Project, July 2001, at
https://vote.caltech.edu/reports/1; https://vote.caltech.edu/reports/1;
T heThe National Commission on Federal Election National Commission on Federal Election
Reform, Reform,
To Assure Pride and Confidence in the Electoral Process,,
August August 2001, at https://www.verifiedvoting.org/wp-2001, at https://www.verifiedvoting.org/wp-
content/uploads/2012/10/NCFER_2001.pdf; and GAO,content/uploads/2012/10/NCFER_2001.pdf; and GAO,
Elections: Perspectives on Activities and Challenges Across the
Nation, GAO-02-3, October 2001, at https://www.gao.gov/new.items/d023.pdf. , GAO-02-3, October 2001, at https://www.gao.gov/new.items/d023.pdf.
8 For more on the election administration requirements established by HAVA8 For more on the election administration requirements established by HAVA
and on the EAC, respectively, see CRS and on the EAC, respectively, see CRS
Report Report
RS20898R46949, ,
The Help Am erica Vote Act and Election Adm inistration: Overview and Selected Issues for the 2016
Election, by Arthur L. Burris and Eric A. Fischer; and CRS America Vote Act of 2002 (HAVA): Overview and Ongoing Role in Election Administration Policy, by Karen L. Shanton; and CRS Report R45770, Report R45770,
The U.S. Election Assistance Com m ission:
Overview Commission: Overview and Selected Issues for Congress, by Karen L. Shanton. , by Karen L. Shanton.
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Table 1. Selected Details of HAVA’s Three Main Grant Programs
Guaranteed Minimum
Match
Grant Program
Deadline
Grant Awards
Requirement
Formula for Allocating Grant Awardsa
Minimum + (Aggregate amount made x Recipient’s voting-age payment available for grant awards population (VAP)b
General improvements grant program
—
For both grant programs
—
amount c under this section - Total—————————
combined:
of al minimum payment Total VAP of al eligible
50 states and DC: $5 mil ion
amounts) recipientsb
Eligible territories: $1 mil ion
Lever and punch card
November 2004
Number of precincts that used lever or punch card voting x $4,000
voting system replacement
regular federal
—
grant program
general electiond
systems in the November 2000 regular federal general election
50 states and DC: 0.5% of the total appropriated for
Total appropriated for the x Recipient’s VAPb
Requirements payments
the program for the year
program for the year————————-—————
program
—
5%e
Eligible territories: 0.1% of the total appropriated for
Total VAP of al eligible recipientsc
the program for the year
Source: CRS, based on review of the U.S. Code. Notes: The information in this table is as described in the Help America Vote Act of 2002 (HAVA). Some funds appropriated under the general improvements grant program have been subject to different conditions. For more on those conditions, see the “General Improvements Grant Program” section of this report and Table 5. a. HAVA directs the agencies charged with administering these grant programs to make pro rata reductions to these al ocations as necessary to meet the guaranteed
minimums described in the “Guaranteed Minimum Grant Awards” column of this table (52 U.S.C. §§20903, 21002).
b. The voting-age population (VAP) figures to be used in these calculations are the VAPs as reported in the most recent decennial census (52 U.S.C. §§20901, 21002). c. The minimum payment amounts to be used in this calculation are based on the aggregate amount of funding made available for th e general improvements grant
program: 0.5% of the aggregate amount for each of the 50 states and DC and 0.1% for each eligible territory (52 U.S.C. §20901).
d. Recipients of lever and punch card voting system replacement funding had to either replace al of their lever and punch card voting systems by this deadline, obtain a
waiver to defer the deadline, or return some of the federal funds they received (52 U.S.C. §20902). Returned funds were to be redistributed by the U.S. Election Assistance Commission (EAC) as requirements payments (52 U.S.C. §20904).
e. HAVA specifies that recipients must appropriate “funds for carrying out the activities for which the requirements payment is made in an amount equal to 5 percent
of the total amount to be spent for such activities (taking into account the requirements payment and the amount spent by the [recipient]).” According to the EAC, this match requirement has been waived for some eligible territories. EAC, State Governments’ Use of Help America Vote Act Funds 2007, July 2008, pp. 22-23, at https://www.eac.gov/sites/default/files/eac_assets/1/6/EAC_R eport_to_Congress_on_State_Expenditures_of_HAVA_Funds_2007.pdf; and EAC, Election Assistance
Commission FY2008/2009/2010/2011 Requirements Payment Schedule, Grant Program
Deadline
Guaranteed Minimum
Match
Formula for Allocating Grant Awardsa
Grant Awards
Requirement
For this and the below
(Aggregate amount made
Recipient’s voting-age
grant program combined:
population (VAP)c
General improvements
Minimum
available for grant awards
50 states and DC: $5 mil ion
grant program
—
—
payment
+ under this section - Total of x
÷
Eligible territories: $1 mil ion
amountb
all minimum payment
Total VAP of all
amounts)
eligible recipientsc
For this and the above
Lever and punch card
November 2004
grant program combined:
Number of precincts that used lever or
voting system replacement
regular federal
50 states and DC: $5 mil ion
—
punch card voting systems in the November x
$4,000
grant program
general electiond
2000 regular federal general election
Eligible territories: $1 mil ion 50 states and DC: 0.5% of the total appropriated for
Recipient’s VAPc
Requirements payments
the program for the year
Total appropriated for the program for the
÷
program
—
5%e
Eligible territories: 0.1% of
year
x
Total VAP of all
the total appropriated for
eligible recipientsc
the program for the year
Source: CRS, based on review of the U.S. Code. Notes: The information in this table is as described in the Help America Vote Act of 2002 (HAVA). Some funds appropriated under the general improvements grant program have been subject to different conditions. For more on those conditions, see the “General Improvements Grant Program” section of this report and Table 5. a. HAVA directs the agencies charged with administering these grant programs to make pro rata reductions to these allocations as necessary to meet the guaranteed
minimums described in the “Guaranteed Minimum Grant Awards” column of this table (52 U.S.C. §§20903, 21002).
b. The minimum payment amounts to be used in this calculation are based on the aggregate amount of funding made available for the general improvements grant
program: 0.5% of the aggregate amount for each of the 50 states and DC and 0.1% for each eligible territory (52 U.S.C. §20901).
c. The voting-age population (VAP) figures to be used in these calculations are the VAPs as reported in the most recent decennial census (52 U.S.C. §§20901, 21002). d. Recipients of lever and punch card voting system replacement funding had to either replace all of their lever and punch card voting systems by this deadline, obtain a
waiver to defer the deadline, or return some of the federal funds they received (52 U.S.C. §20902). Returned funds were to be redistributed by the U.S. Election Assistance Commission (EAC) as requirements payments (52 U.S.C. §20904).
e. HAVA specifies that recipients must appropriate “funds for carrying out the activities for which the requirements payment is made in an amount equal to 5 percent
of the total amount to be spent for such activities (taking into account the requirements payment and the amount spent by the [recipient]).” According to the EAC, this match requirement has been waived for some eligible territories. EAC, State Governments’ Use of Help America Vote Act Funds 2007, July 2008, pp. 22-23, at https://www.eac.gov/sites/default/files/eac_assets/1/6/EAC_Report_to_Congress_on_State_Expenditures_of_HAVA_Funds_2007.pdf; and EAC, Election Assistance Commission FY2008/2009/2010/2011 Requirements Payment Schedule, at https://web.archive.org/web/20191227211147/https://www.eac.gov/assets/1/6/4699.PDF.at https://web.archive.org/web/20191227211147/https://www.eac.gov/assets/1/6/4699.PDF.
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Election Administration: Federal Grant Funding for States and Localities
Only a few election administration-
Only a few election administration-
relatedspecific grant programs—aimed at reimbursing certain voting grant programs—aimed at reimbursing certain voting
system replacement costs that were not covered by HAVA’s lever and punch card voting system system replacement costs that were not covered by HAVA’s lever and punch card voting system
replacement grant program, enhancing the collection of election data, and improving electoral replacement grant program, enhancing the collection of election data, and improving electoral
access for military and overseas voters—have been authorized for states and localities since access for military and overseas voters—have been authorized for states and localities since
HAVA.HAVA.
Most of the funding Congress has made availableMost of the funding Congress has made available
to states and localities for election to states and localities for election
administration-related purposes has, instead, been appropriated under grant programs authorized administration-related purposes has, instead, been appropriated under grant programs authorized
by that act (by that act (
seesee Table 2 andand Table 3 for appropriations for each grant program by fiscal year). for appropriations for each grant program by fiscal year).
Since HAVA
Since HAVA
was enacted in 2002, Congress has appropriated funding regularly for one or both of was enacted in 2002, Congress has appropriated funding regularly for one or both of
the act’s disability access grant programs and more intermittently for other elections-related the act’s disability access grant programs and more intermittently for other elections-related
purposes. The latter funding includes, most recently, funding for FY2018purposes. The latter funding includes, most recently, funding for FY2018
, FY2020, and FY2022. The first of those recent rounds of HAVA funding—provided by the Consolidated Appropriations Act, 2018 (P.L. 115-141)—followed reports of attempted interference in the 2016 elections. Ongoing security concerns and other challenges for election administration, such as and FY2020. Attempted interference in elections emerged as a significant issue in the 2016 election cycle, and the 2020 cycle saw the onset of the Coronavirus Disease 2019 (COVID-19) pandemic the onset of the Coronavirus Disease 2019 (COVID-19) pandemic
. Congress responded
to those two developments—and the chal enges each introduced for election administration—by including, prompted inclusion of further funding for funding for
HAVA HAVA grants in the grants in the
FY2018 and FY2020FY2020 and FY2022 regular appropriations acts (P.L. regular appropriations acts (P.L.
115-141116-93 and P.L. and P.L.
116-93117-103) and in supplemental appropriations for FY2020 (P.L. 116-136)) and in supplemental appropriations for FY2020 (P.L. 116-136)
,
respectively. .
The following subsections provide broad overviews of the election administration-related grant
The following subsections provide broad overviews of the election administration-related grant
programs Congress has authorized for states and localities to date. For more detailed information programs Congress has authorized for states and localities to date. For more detailed information
about the grant programs, about the grant programs,
seesee Table 1, Table 4, a a
nd Table 5.
General Improvements Grant Program
The issues with the administration of the 2000 elections varied by jurisdiction. Poll worker The issues with the administration of the 2000 elections varied by jurisdiction. Poll worker
shortages were a particular issue in some localities, for example, while unreliableshortages were a particular issue in some localities, for example, while unreliable
voting voting
machines caused many of the problems in others.9 Congress authorized this machines caused many of the problems in others.9 Congress authorized this
general
improvements grant program to help each HAVA to help each HAVA
state make the improvements to its state make the improvements to its
federal election election administration processes that it considered most pressing.10 HAVA prohibited use of the administration processes that it considered most pressing.10 HAVA prohibited use of the
grant funds for legal judgments and most litigation-relatedgrant funds for legal judgments and most litigation-related
costs—and included a list of specific examples of permissible uses of funds— costs, but otherwise made the funding available for general but otherwise made the funding available for general
improvements to the administration of federal elections improvements to the administration of federal elections
and other specified purposes (se(se
e Table 4 for the list of for the list of
specific
permissible uses set out in HAVApermissible uses set out in HAVA
and other details of this grant program). and other details of this grant program).
Congress appropriated funding for this grant program the first fiscal year after HAVA
Congress appropriated funding for this grant program the first fiscal year after HAVA
was enacted was enacted
(FY2003; (FY2003;
seesee Table 2, Table 3, andand Table 4 for details of authorized and appropriated funding for for details of authorized and appropriated funding for
this and other elections grant programs). It has also provided further funding in more recent yearsthis and other elections grant programs). It has also provided further funding in more recent years
. Following reports of attempted interference in the 2016 elections, Congress included $380 mil ion , in response to developments such as attempted interference in elections and the emergence of the COVID-19 pandemic. Congress included $380 million for funding authorized by these provisions of HAVA in the Consolidated Appropriations Act, 2018in the Consolidated Appropriations Act, 2018
, and; $425 $425
mil ionmillion in the Consolidated in the Consolidated
Appropriations Act, 2020Appropriations Act, 2020
, for funding authorized by these provisions of HAVA. Congress
provided another $400 mil ion for such funding in response to the COVID-19 pandemic in the
; $400 million in the Coronavirus Aid, Relief, and Economic Security Coronavirus Aid, Relief, and Economic Security
(CARES) Act; and $75 million in the Consolidated Appropriations Act, 2022.
9 See, (CARES) Act.
9 See, for example, GAO, for example, GAO,
Elections: Perspectives on Activities and Challenges Across the Nation ; and R. Michael ; and R. Michael
Alvarez et al., Alvarez et al.,
Voting—What Is, What Could Be. .
10
10
T heThe committee report for the House-passed version of HAVA committee report for the House-passed version of HAVA
said said that a similar general purpose grant program it that a similar general purpose grant program it
wouldwould
have authorized wouldhave authorized would
“give states the opportunity to direct fund payments to the areas where the resources are “give states the opportunity to direct fund payments to the areas where the resources are
most needed. Jurisdictionsmost needed. Jurisdictions
that want to modernize their voting equipment can use election fund payments for that that want to modernize their voting equipment can use election fund payments for that
purpose. Others may have more pressingpurpose. Others may have more pressing
needs for modernized statewide voter registration systems, or better needs for modernized statewide voter registration systems, or better
equipment and training of voters and poll workers.” U.S.equipment and training of voters and poll workers.” U.S.
Congress, Congress,
House Committee on House Administration, Committee on House Administration,
Help
Am ericaAmerica Vote Act of 2001, report to accompany H.R. 3295, 107th Cong., 1st sess., December 10, 2001, H.Rept. 107-329 , report to accompany H.R. 3295, 107th Cong., 1st sess., December 10, 2001, H.Rept. 107-329
(Washington, DC: GPO, 2001), p. 34. (Washington, DC: GPO, 2001), p. 34.
Congressional Research Service
Congressional Research Service
4
4
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Table 2. Appropriations for Election Administration-Related Grant Programs for States and Localities, FY2003-FY2011
($, rounded in millions)
FY03
FY04
FY05
FY06
FY07
FY08
FY09
FY10
FY11
General
General
improvements improvements grant program grant program
and
650.0a
650.0a
Lever
Lever and punch card voting system replacementand punch card voting system replacement
grant grant
program program
Voting system replacement
Voting system replacement
reimbursement reimbursement grant program grant program
15.0
Requirements
Requirements
payments program payments program
830.0
1500..0b
115.0
100.0
70.0
c
Pol ing place accessibility
Pol ing place accessibility
grant program grant program
13.0
10.0
10.0
11.0
d
12.4
12.2
12.2
d
Protection and advocacy (P&A) system grant program
Protection and advocacy (P&A) system grant program
2.0
5.0
5.0
4.9
d
5.4
5.3
5.3
d
Voting technology improvements
Voting technology improvements
research research grant program grant program
5.0
3.0
Voting technology pilot program
Voting technology pilot program
grant program grant program
1.0
2.0
Mock elections
Mock elections
grant program grant program
0.2
0.2
0.2
0.3
0.3
Help America
Help America
Vote Col egeVote Col ege
Programe Programe
1.5
0.8
0.2
f
0.8
0.8
0.8
Election data
Election data
col ectioncollection grant program grant program
10.0
Source: CRS, based on review of appropriations measures. CRS, based on review of appropriations measures.
Notes: Figures do not account for rescissions Figures do not account for rescissions
or sequestration reductions.or sequestration reductions.
Amounts in Amounts in
bold are fromare from
the text of the corresponding appropriations act, and amounts in the text of the corresponding appropriations act, and amounts in
italics are from the accompanying report language. Congress also included $400 mil ion are from the accompanying report language. Congress also included $400 mil ion
for election administrationfor election administration
reform reform in P.L. 107-206, but the funding was not in P.L. 107-206, but the funding was not
utilized. The UOCAVA electionutilized. The UOCAVA election
technology pilot program grant program is not included in this table because funding for that program appears to have cometechnology pilot program grant program is not included in this table because funding for that program appears to have come
from from
general researchgeneral research
funding provided to the U.S. Department of Defensefunding provided to the U.S. Department of Defense
(DOD) rather than appropriations that (DOD) rather than appropriations that
specifical y reference specifically reference the pilot program grant program. the pilot program grant program.
DOD reported awarding $25.4 mil ionDOD reported awarding $25.4 mil ion
for the grants in 2011 and 2012 and $10.5 mil ionfor the grants in 2011 and 2012 and $10.5 mil ion
in 2013. DOD Office of Inspector General,in 2013. DOD Office of Inspector General,
Assessment of Electronic Absentee
System for Elections (EASE) Grants, June 30, 2015, p. 4, at https://media.defense.gov/2015/Jun/30/2001713517/-1/-1/1/DODIG-2015-135.pdf; and Federal Voting Assistance , June 30, 2015, p. 4, at https://media.defense.gov/2015/Jun/30/2001713517/-1/-1/1/DODIG-2015-135.pdf; and Federal Voting Assistance
Program,Program,
“Grant Programs,” at https://www.fvap.gov/eo/grants. “Grant Programs,” at https://www.fvap.gov/eo/grants.
a. The FY2003 appropriations resolutiona. The FY2003 appropriations resolution
(P.L. 108-7) did not specify a distribution of appropriations between these two grant programs.(P.L. 108-7) did not specify a distribution of appropriations between these two grant programs.
It indicated that some of the It indicated that some of the
funding—not to exceed $500,000—was to be available to the U.S. General
funding—not to exceed $500,000—was to be available to the U.S. General
Services Administration Services Administration (GSA) for expenses associated with administering(GSA) for expenses associated with administering
the funds. the funds.
b. Report language accompanying the FY2004 appropriations act (H.Rept. 108-401; P.L. 108-199) indicated that $750,000 of this funding was for the Help America
b. Report language accompanying the FY2004 appropriations act (H.Rept. 108-401; P.L. 108-199) indicated that $750,000 of this funding was for the Help America
Vote Foundation, $750,000 was for the Help America
Vote Foundation, $750,000 was for the Help America
Vote Col egeVote Col ege
Program, and $200,000 was for the National Student Parent Mock ElectionProgram, and $200,000 was for the National Student Parent Mock Election
. .
c. HAVA required states that had not replaced
c. HAVA required states that had not replaced
al all of their lever and punch card voting systemsof their lever and punch card voting systems
by the relevant deadline to return some of the funds they received by the relevant deadline to return some of the funds they received
under
under
thisthe lever and punch card voting system replacement grant program and directed the U.S. Election Assistance Commission grant program and directed the U.S. Election Assistance Commission
(EAC) to redistribute(EAC) to redistribute
the returned funds as the returned funds as
req uirements requirements payments. The EAC made payments. The EAC made
some some funding for requirementsfunding for requirements
payments available for FY2011 from returned funds. EAC, payments available for FY2011 from returned funds. EAC,
Memorandum Re: 2011 Requirements Payments Disbursements, May 13, 2014, at https://www.eac.gov/sites/default/files/eac_assets/1/6/Instructions_for_R equesting_FY_2011_Requirements_Payments_Memo.2014.pdf. Re: 2011
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Requirements Payments Disbursements, May 13, 2014, at https://www.eac.gov/sites/default/files/eac_assets/1/6/Instructions_for_Requesting_FY_2011_Requirements_Payments_Memo.2014.pdf.
d. Appropriations for FY2007 and FY2011 for the HAVA grant programs administered
d. Appropriations for FY2007 and FY2011 for the HAVA grant programs administered
by the U.S. Department of Health and Human by the U.S. Department of Health and Human
Serv ices Services (HHS) were included in (HHS) were included in
general budget authority for the Administration
general budget authority for the Administration
for Children and Families’for Children and Families’
Children and FamiliesChildren and Families
Services Services programs.programs.
Information about the funding HHS reported Information about the funding HHS reported
awarding for grants for those fiscal years is available in congressionalawarding for grants for those fiscal years is available in congressional
budget justifications frombudget justifications from
the Administrationthe Administration
for Children and Families.for Children and Families.
Administration Administration for for
Children and Families,Children and Families,
Archived Congressional Budget Justifications FY 2012-2004, June 29, 2012, at https://www.acf.hhs.gov/archive/olab/resource/archived-, June 29, 2012, at https://www.acf.hhs.gov/archive/olab/resource/archived-
congressional-budget-justifications-fy-2012-2004. congressional-budget-justifications-fy-2012-2004.
e. The amounts listed here are for the Help America
e. The amounts listed here are for the Help America
Vote Col egeVote Col ege
Program as a whole.Program as a whole.
Grant-making is one of a number of activities,Grant-making is one of a number of activities,
including developing materials including developing materials
and sponsoring seminars
and sponsoring seminars
and workshops, that HAVAand workshops, that HAVA
authorizes the EAC to conduct as part of the program (52 U.S.C.authorizes the EAC to conduct as part of the program (52 U.S.C.
§21122). §21122).
f.
f.
The joint explanatory statement accompanying the FY2006 appropriations act (H.Rept. 109-307; P.L. 109-115) stated that the conferees
The joint explanatory statement accompanying the FY2006 appropriations act (H.Rept. 109-307; P.L. 109-115) stated that the conferees
encouraged the EAC to encouraged the EAC to
apply $250,000 of the funding it receivedapply $250,000 of the funding it received
for Salariesfor Salaries
and Expenses to the Help Americaand Expenses to the Help America
Vote Col egeVote Col ege
Program. Program.
Table 3. Appropriations for Election Administration-Related Grant Programs for States and Localities, FY2012-FY2020FY2022
($, rounded in millions)
FY12
FY13
FY14
FY15
FY16
FY17
FY18
FY19
FY20
General improvements grant programaFY21
FY22
General improvements grant programa
380.0
825..0b
75.0
Pol ing place accessibilityPol ing place accessibility
grant program grant program
c
c
c
c
c
c
c
c
c
Protection and advocacy (P&A) system grant program Protection and advocacy (P&A) system grant program
5.2
5.2
c
c
c
c
c
c
c
c
c
Source: CRS, based on review of appropriations measures. CRS, based on review of appropriations measures.
Notes: Figures do not account for rescissions Figures do not account for rescissions
or sequestration reductions. The UOCAVAor sequestration reductions. The UOCAVA
election technology pilot program grant program is not included in this table election technology pilot program grant program is not included in this table
because funding for that program appears to have come frombecause funding for that program appears to have come from
general research funding provided to the U.S. Department of Defense (DOD) rather than appropriations general research funding provided to the U.S. Department of Defense (DOD) rather than appropriations
that that
specifical y reference specifically reference the pilot program grant program.the pilot program grant program.
DOD reported awarding $25.4 mil ionDOD reported awarding $25.4 mil ion
for the grants in 2011 and 2012 and $10.5 mil ionfor the grants in 2011 and 2012 and $10.5 mil ion
in 2013. DOD in 2013. DOD
Office of Inspector General,Office of Inspector General,
Assessment of Electronic Absentee System for Elections (EASE) Grants, June 30, 2015, p. 4, at https://media.defense.gov/2015/Jun/30/2001713517/-, June 30, 2015, p. 4, at https://media.defense.gov/2015/Jun/30/2001713517/-
1/-1/1/DODIG-2015-135.pdf; and Federal Voting Assistance1/-1/1/DODIG-2015-135.pdf; and Federal Voting Assistance
Program, “Grant Programs,”Program, “Grant Programs,”
at https://www.fvap.gov/eo/grants. at https://www.fvap.gov/eo/grants.
a. The $380 mil iona. The $380 mil ion
appropriated under this program for FY2018 was provided by the Consolidated Appropriations Act, 2018 (appropriated under this program for FY2018 was provided by the Consolidated Appropriations Act, 2018 (
P.L. 115-141), and $425 mil ionP.L. 115-141), and $425 mil ion
of the of the
$825 mil ion
$825 mil ion
appropriated for FY2020 was provided by the Consolidated Appropriationsappropriated for FY2020 was provided by the Consolidated Appropriations
Act, 2020 (Act, 2020 (
P.L. 116-93). Explanatory statements accompanying those two P.L. 116-93). Explanatory statements accompanying those two
appropriations acts listedappropriations acts listed
some electionsome election
security-specific purposes for which the funds may be used. security-specific purposes for which the funds may be used.
b. This figure includes $425 mil ion
b. This figure includes $425 mil ion
from from the Consolidated Appropriationsthe Consolidated Appropriations
Act, 2020, and $400 mil ionAct, 2020, and $400 mil ion
from from the CARES Act (the CARES Act (
P.L. 116-136). The CARES Act restricted P.L. 116-136). The CARES Act restricted
use of its HAVA funds to preventing, preparing for, and responding to coronavirus,
use of its HAVA funds to preventing, preparing for, and responding to coronavirus,
domestical y and international y, in the 2 020domestically and internationally, in the 2020 federal election cycle. federal election cycle.
For For
information about other differences between the general improvementsinformation about other differences between the general improvements
grant program as authorized by HAVA and the FY2018, grant program as authorized by HAVA and the FY2018,
FY20 20FY2020, FY2022, and CARES Act funds, see , and CARES Act funds, see
the the
“General Improvements Grant Program” section section of this report an of this report an
d Table 5.
c. Starting with the Consolidated Appropriations Act, 2014 (P.L. 113-76), appropriations for new funding for HAVA grant programs administered
c. Starting with the Consolidated Appropriations Act, 2014 (P.L. 113-76), appropriations for new funding for HAVA grant programs administered
by the U.S. by the U.S.
Department of Health and Human Services
Department of Health and Human Services
(HHS) have been included in general budget authority for the Administration(HHS) have been included in general budget authority for the Administration
for Community Living’sfor Community Living’s
Aging and Disability Aging and Disability
ServicesServices
programs.programs.
The appropriations acts reference both the pol ing place accessibilityThe appropriations acts reference both the pol ing place accessibility
grant program and the P&A systemgrant program and the P&A system
grant program,grant program,
but, according to HHS, but, according to HHS,
only the P&A system grant program has been funded during that period. The specific totals HHS has reported awarding for P&A systemonly the P&A system grant program has been funded during that period. The specific totals HHS has reported awarding for P&A system
grants each year are grants each year are
available from the Administrationavailable from the Administration
for Community Living at https://acl.gov/about-acl/help-america-vote-act-hava.for Community Living at https://acl.gov/about-acl/help-america-vote-act-hava.
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Election Administration: Federal Grant Funding for States and Localities
The appropriations acts that provided those more recent funds included substantive provisions
The appropriations acts that provided those more recent funds included substantive provisions
that modified or supplemented some of the parameters of the grant program, such as by addingthat modified or supplemented some of the parameters of the grant program, such as by adding
a match match
requirementrequirements. Explanatory statements accompanying the . Explanatory statements accompanying the
twoFY2018 and FY2020 regular appropriations acts regular appropriations acts
also provided more information about Congress’s intentions for the funding. For details of also provided more information about Congress’s intentions for the funding. For details of
differences between the general improvements grant program as authorized by differences between the general improvements grant program as authorized by
HAVA HAVA and the and the
FY2018, FY2020, FY2018, FY2020,
FY2022, and CARES Act funds, and CARES Act funds,
seesee Table 5.
Voting System Replacement Grant Programs
The punch card voting systems some jurisdictions used in 2000 contributed to the problems with The punch card voting systems some jurisdictions used in 2000 contributed to the problems with
the Florida vote count. Voters were supposed to indicate their preferences on punch card voting the Florida vote count. Voters were supposed to indicate their preferences on punch card voting
machines by punching out pieces of card—known as “chads”—next to their selections, but issues machines by punching out pieces of card—known as “chads”—next to their selections, but issues
with incompletely punched chads made it difficult to discern some voters’ intentions.11 Problems with incompletely punched chads made it difficult to discern some voters’ intentions.11 Problems
with the lever voting machines some jurisdictions used in 2000, such as the potential for jammed with the lever voting machines some jurisdictions used in 2000, such as the potential for jammed
levers and the lack of a paper trail that might be used to recover votes cast on a jammed machine, levers and the lack of a paper trail that might be used to recover votes cast on a jammed machine,
were also reported in election postmortems.12 Congress authorized HAVA’s were also reported in election postmortems.12 Congress authorized HAVA’s
lever and punch card
voting system replacement grant program to help HAVA to help HAVA
states replace both types of system. states replace both types of system.
Some states that used lever
Some states that used lever
andor punch card voting systems identified the issues with those punch card voting systems identified the issues with those
systems early and started replacing them before the November 2000 elections. The earliest of systems early and started replacing them before the November 2000 elections. The earliest of
those adopters were not eligible for HAVA’sthose adopters were not eligible for HAVA’s
lever and punch card voting system replacement lever and punch card voting system replacement
grant program because they were no longer using lever or punch card systems by November 2000 grant program because they were no longer using lever or punch card systems by November 2000
and awards under the program were based on the number of precincts that used such systems in and awards under the program were based on the number of precincts that used such systems in
the November 2000 general election (sethe November 2000 general election (se
e Table 1 for more on the formula used to for more on the formula used to
al ocateallocate these these
funds). To avoid discouraging states from taking early action to improve their election systemsfunds). To avoid discouraging states from taking early action to improve their election systems
in the future, , Congress authorized and funded a Congress authorized and funded a
voting system replacement reimbursement grant program in the in the
Consolidated Appropriations Resolution, 2003 (P.L. 108-7).13 Grants awarded under that program, Consolidated Appropriations Resolution, 2003 (P.L. 108-7).13 Grants awarded under that program,
which were capped at $4,000 per precinct and $15 which were capped at $4,000 per precinct and $15
mil ionmillion for the program as a whole, were for the program as a whole, were
designed to reimburse HAVAdesigned to reimburse HAVA
states for costs they incurred in obtaining certain types of voting states for costs they incurred in obtaining certain types of voting
equipment prior to the November 2000 general election. equipment prior to the November 2000 general election.
Requirements Payments Program
Meeting the election administration requirements established by HAVAMeeting the election administration requirements established by HAVA
involved a significant involved a significant
financial investment for many HAVAfinancial investment for many HAVA
states, and Congress authorized a states, and Congress authorized a
requirements payments
program primarily to help cover those costs.14 Recipients could also use requirements payments primarily to help cover those costs.14 Recipients could also use requirements payments
for more general election administration improvements if they either had already met the HAVA for more general election administration improvements if they either had already met the HAVA
requirements or limited their spending on such improvements to the minimum amount they were requirements or limited their spending on such improvements to the minimum amount they were
guaranteed for requirements payments for a given fiscal year (seguaranteed for requirements payments for a given fiscal year (se
e Table 1 for more on guaranteed for more on guaranteed
minimums). As with HAVA’sminimums). As with HAVA’s
general improvements grant program, recipients of requirements general improvements grant program, recipients of requirements
payments were prohibited from applying them to legal judgments or most litigation-related costs.payments were prohibited from applying them to legal judgments or most litigation-related costs.
11 Brooks Jackson, “Punch-Card Ballot Notorious for Inaccuracies,” 11 Brooks Jackson, “Punch-Card Ballot Notorious for Inaccuracies,”
CNN,,
November 15, 2000. November 15, 2000.
12 See,12 See,
for example, R. Michael Alvarez et al., for example, R. Michael Alvarez et al.,
Voting—What Is, What Could Be. .
13 For a sample expression of this concern, see Rep. Ernest Istook, “Help America Vote Act of 2001,” remarks in the 13 For a sample expression of this concern, see Rep. Ernest Istook, “Help America Vote Act of 2001,” remarks in the
House, House,
Congressional Record, daily edition, vol. 147, part 172 (December 12, 2001), p. H9293., daily edition, vol. 147, part 172 (December 12, 2001), p. H9293.
14 T he
14 The report uses “requirements payments” when referring to this program because report uses “requirements payments” when referring to this program because
that is the terminology in statute that is the terminology in statute
and in general use in elections contexts. As noted above, however, GAOand in general use in elections contexts. As noted above, however, GAO
determined that awardsdetermined that awards
under this program under this program
count as grants. GAO,count as grants. GAO,
Election Assistance Com m ission—Paym ents Commission—Payments to States under the Help Am erica Vote America Vote Act of 2002 , ,
decision, May 9, 2017, at https://www.gao.gov/products/b-328615. decision, May 9, 2017, at https://www.gao.gov/products/b-328615.
Congressional Research Service
Congressional Research Service
7
7
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Table 4. Election Administration-Related Grant Programs for States or Localities, as Authorized
Grant Program
Authorized Amountsa
Administering Department Department or Agency
Permissible Uses of Funds
UOCAVA election
UOCAVA election
Such sums
Such sums
as necessary as necessary
U.S. Department of Defense
U.S. Department of Defense
(DOD(DOD
)b
Conducting pilot programs
Conducting pilot programs
to test electionto test election
technology technology
technology pilot program
technology pilot program
for individuals covered
for individuals covered
by the Uniformedby the Uniformed
and Overseas and Overseas
grant program
grant program
Citizens Absentee Voting Act of 1986 (UOCAVA)
Citizens Absentee Voting Act of 1986 (UOCAVA)
(52 U.S.C.
(52 U.S.C.
§20311) §20311)
General
General
improvements improvements grant grant
$325.0 mil ion
$325.0 mil ion
U.S. Election Assistance Commission
U.S. Election Assistance Commission
(EAC)
(EAC)c Complying with the election administration Complying with the election administration
program
program
requirements U.S. General Services Administration (GSA)c requirements established by the Help Americaestablished by the Help America
Vote Vote
(52 U.S.C.
(52 U.S.C.
§§20901, 20903-§§20901, 20903-
Act of 2002 (HAVA)
Act of 2002 (HAVA)
20906)
20906)
Improving the administration of federal elections
Improving the administration of federal elections
Educating voters about voting procedures, rights, and Educating voters about voting procedures, rights, and
technology technology
Training electionTraining election
officials, pol workers,officials, pol workers,
and election and election
volunteers volunteers
Developing the state plan for use of requirements Developing the state plan for use of requirements
payments payments
Improving, acquiring, leasing, modifying, or replacing Improving, acquiring, leasing, modifying, or replacing
voting systemsvoting systems
and technology and vote casting and and technology and vote casting and
counting methods counting methods
Improving the accessibilityImproving the accessibility
and quantity of pol ing and quantity of pol ing
places, including providing access for individuals with places, including providing access for individuals with
disabilitiesdisabilities
and assistance to Native Americans,and assistance to Native Americans,
Alaska Alaska
Native citizens, and individuals with limitedNative citizens, and individuals with limited
English English
proficiency proficiency
Setting up Setting up
tol toll-free-free
hotlines for voters to report hotlines for voters to report
possiblepossible
voting fraud and rights violations,voting fraud and rights violations,
get general get general
information about elections,information about elections,
and access information and access information
about their voter registration status, pol ing place about their voter registration status, pol ing place
locations, and other relevant informatiolocations, and other relevant informatio
nd
Lever
Lever
and punch card voting and punch card voting
$325.0 mil ion
$325.0 mil ion
EACcEAC
Replacing lever
Replacing lever
or punch card voting systemsor punch card voting systems
in in
system
system
replacement grant replacement grant
precincts that used lever or punch card voting systems
program
to administer the GSAc
precincts that used such systems to administer the
program
November 2000 regular federal November 2000 regular federal
general election
(52 U.S.C.
(52 U.S.C.
§§20902-20906) §§20902-20906)
general election
CRS-8 CRS-8
link to page 14 link to page 14 link to page 14 link to page 14 link to page 14 link to page 14 link to page 14 link to page 14
link to page 14 link to page 14 link to page 14 link to page 14 link to page 14 link to page 14 link to page 14 link to page 14
link to page 14
Grant Program
Authorized Amountsa
Administering Department Department or Agency
Permissible Uses of Funds
Voting system replacement
Voting system replacement
$15.0 mil ion
$15.0 mil ion
U.S. General Services Administration (GSA)GSA
Being reimbursed
Being reimbursed
for costs incurred in obtaining optical for costs incurred in obtaining optical
reimbursement
reimbursement
grant grant
scan or electronic voting equipment
scan or electronic voting equipment
used to administer
program
the most recent regular federal general election
(P.L. 108-7)
Election data col ectionfor administration
program
of federal elections prior to the November 2000
(P.L. 108-7)
regular federal general election
Election data collection grant grant
$10.0 mil ion
$10.0 mil ion
EAC
EAC
Improving the col ection of data related to the
Improving the col ection of data related to the
program
program
November
November
2008 regular federal general2008 regular federal general
election election
(52 U.S.C.
(52 U.S.C.
$20981 note) $20981 note)
Requirements
Requirements
payments payments
FY2003: $1.4 bil ion
FY2003: $1.4 bil ion
EACEACc
Complying with election administration
Complying with election administration
requirements requirements
program
program
FY2004: $1.0 bil ion
FY2004: $1.0 bil ion
established by HAVA or the Military and Overseas
established by HAVA or the Military and Overseas
(52 U.S.C.
(52 U.S.C.
§§21001-21008) §§21001-21008)
Voter Empowerment (MOVE) Act of 200
Voter Empowerment (MOVE) Act of 200
9d,f
FY2005: $600.0 mil ion
FY2005: $600.0 mil ion
FY2010 and subsequent fiscal FY2010 and subsequent fiscal
years: Such sums as necessaryears: Such sums as necessar
ye
Pol ing place accessibility
Pol ing place accessibility
FY2003: $50.0 mil ion
FY2003: $50.0 mil ion
U.S. Department of Health and Human
U.S. Department of Health and Human
Making pol ing places accessible
Making pol ing places accessible
to individuals with to individuals with
grant program
grant program
FY2004: $25.0 mil ion
FY2004: $25.0 mil ion
Services
Services
(HHS(HHS
)g
disabilities
disabilities
in a manner that providesin a manner that provides
the same the same
(52 U.S.C.
(52 U.S.C.
§§21021-21025) §§21021-21025)
opportunity for access and participation as available to
opportunity for access and participation as available to
FY2005: $25.0 mil ion
FY2005: $25.0 mil ion
other voters
other voters
Providing individuals with disabilitiesProviding individuals with disabilities
with information with information
about the accessibilityabout the accessibility
of pol ing places of pol ing places
Voting technology
Voting technology
FY2003: $20.0 mil ion
FY2003: $20.0 mil ion
EAC
EAC
Conducting research to improve
Conducting research to improve
the quality, reliability, the quality, reliability,
improvements
improvements
research grant research grant
accuracy, accessibility,
accuracy, accessibility,
affordability, and security of affordability, and security of
program
program
voting equipment, election systems,
voting equipment, election systems,
and voting and voting
(52 U.S.C.
(52 U.S.C.
§§21041-21043) §§21041-21043)
technology
technology
Voting technology pilot
Voting technology pilot
FY2003: $10.0 mil ion
FY2003: $10.0 mil ion
EAC
EAC
Conducting pilot programs
Conducting pilot programs
to test new voting to test new voting
program grant program
program grant program
technologies and implement
technologies and implement
them on a trial basis them on a trial basis
(52 U.S.C.
(52 U.S.C.
§§21051-21053) §§21051-21053)
Protection and advocacy
Protection and advocacy
FY2003: $10.0 mil ion
FY2003: $10.0 mil ion
HHSg
Ensuring ful participation in the electoral
Ensuring ful participation in the electoral
process process for for
(P&A) system grant program
(P&A) system grant program
FY2004: $10.0 mil ion
FY2004: $10.0 mil ion
individuals with
individuals with
disabilitiesidisabilitiesi
(52 U.S.C.
(52 U.S.C.
§§21061-21062) §§21061-21062)
FY2005: $10.0 mil ion
FY2005: $10.0 mil ion
FY2006: $10.0 mil ion FY2006: $10.0 mil ion
Subsequent fiscal years:Subsequent fiscal years:
Such Such
sums as necessarsums as necessar
yh
CRS-9
CRS-9
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link to page 14 link to page 14 link to page 11 link to page 7
Grant Program
Authorized Amountsa
Administering Department Department or Agency
Permissible Uses of Funds
Mock elections
Mock elections
grant grant
FY2003: $200,000
FY2003: $200,000
EAC
EAC
Conducting voter education activities
Conducting voter education activities
for students and for students and
program
program
Subsequent six fiscal years:
Subsequent six fiscal years:
their parents
their parents
(52 U.S.C.
(52 U.S.C.
§§21071-21072) §§21071-21072)
Such sums
Such sums
as necessary as necessary
Help America
Help America
Vote Col ege Vote Col ege
FY2003: $5.0 mil ion
FY2003: $5.0 mil ion
EAC
EAC
Encouraging students at institutions of higher education
Encouraging students at institutions of higher education
Program
Program
SucceedingSubsequent fiscal years: fiscal years:
Such Such
to serve
to serve
as pol workersas pol workers
and state and local election and state and local election
(52 U.S.C.
(52 U.S.C.
§§21121-21123) §§21121-21123)
sums as necessar
sums as necessar
yj
officials to use their services
officials to use their services
Source: CRS, based on review of the U.S. CRS, based on review of the U.S.
Code. Code.
Notes:
a. Authorized amounts are listeda. Authorized amounts are listed
here as they are presented in statutory language. here as they are presented in statutory language.
b. The MOVE Act assigned responsibilityb. The MOVE Act assigned responsibility
for administeringfor administering
this grant program to the presidentialthis grant program to the presidential
designee designated under designee designated under
UOCAV AUOCAVA. Executive Order. Executive Order
12642 12642
identified the presidential designee
identified the presidential designee
for UOCAVA as the Secretary of Defense,for UOCAVA as the Secretary of Defense,
and the Secretaryand the Secretary
has delegated UOCAVA responsibilitieshas delegated UOCAVA responsibilities
to the DOD’sto the DOD’s
Federal Federal
Voting Assistance ProgramVoting Assistance Program
(FVAP). Executive Order 12642, “Designation of the Secretary of Defense(FVAP). Executive Order 12642, “Designation of the Secretary of Defense
as the Presidential Designeeas the Presidential Designee
Under Title I of the Uniformed Under Title I of the Uniformed
and Overseasand Overseas
Citizens Absentee Voting Act,” 53 Citizens Absentee Voting Act,” 53
Federal Register 21975, June 8, 1988. 21975, June 8, 1988.
c. HAVA lists
c. HAVA lists
GSA as the administrator for GSA as the administrator for
some of the act’s grant programs, and GSA distributed some HAVA funding while the EAC was being established.
However, the EAC is named by HAVA as the act’s general improvements and lever and punch card voting system replacement grant programs but names the EAC
the administrator of that funding for purposes of audits and repayments (52 U.S.C. §the administrator of that funding for purposes of audits and repayments (52 U.S.C. §
21142), and the§20901-20906, 21142). The Consolidated Consolidated
Appropriations Act, 2004 (P.L. 108-Appropriations Act, 2004 (P.L. 108-
199) also authorized GSA to make requirements payments while the EAC was being established but provided for expiration of that authority by the earlier of (1) June 30, 2004, or (2) the end of the three-month period after the appointment of all members of199) provided for transferring administrative authority for the funds to the EAC. the EAC.
d. Recipients are prohibited from using funds awarded under these grant programs for legal judgments or litigation costs that are not otherwise
d. Recipients are prohibited from using funds awarded under these grant programs for legal judgments or litigation costs that are not otherwise
permitted by these
sections (52 U.S.C. permitted by the
relevant sections of HAVA (52 U.S.C. §§20901, 21001).§§20901, 21001).
e. Appropriations for the requirements
e. Appropriations for the requirements
payments program for FY2010 and subsequent fiscal years werepayments program for FY2010 and subsequent fiscal years were
authorized only for complying with requirementsauthorized only for complying with requirements
established established
by the MOVE Act (52 U.S.C.
by the MOVE Act (52 U.S.C.
§21001).§21001).
f.
f.
States are permitted to use requirements
States are permitted to use requirements
payments to make general improvementspayments to make general improvements
to the administration of federal electionsto the administration of federal elections
if they have already implemented if they have already implemented
HAVA’sHAVA’s
requirements requirements or limitor limit
their spending on such improvementstheir spending on such improvements
to the minimumto the minimum
amount they are guaranteed for requirementsamount they are guaranteed for requirements
p ayments payments for a given fiscal year for a given fiscal year
(52 U.S.C.(52 U.S.C.
§21002). For more on guaranteed minimums,§21002). For more on guaranteed minimums,
see the see the
“Requirements Payments Program” section of this report ansection of this report an
d Table 1.
g. HHS
g. HHS
initial yinitially assigned responsibility assigned responsibility
for administering these grant programsfor administering these grant programs
to the Administrationto the Administration
for Children and Families.for Children and Families.
The programsThe programs
were were subsequently subsequently
transferred to HHS’s
transferred to HHS’s
Administration Administration for Community Living,for Community Living,
fol owing the creation of that agency in 2012. HHS, “Statement of Organization, Functions, and fol owing the creation of that agency in 2012. HHS, “Statement of Organization, Functions, and
DelegationsDelegations
of Authority; Administrationof Authority; Administration
for Community Living,” 77for Community Living,” 77
Federal Register 23250-23260, April 18, 2012. 23250-23260, April 18, 2012.
h. HAVA directs HHS to set aside 7% of the funding appropriated under this section for a given fiscal year to fund training and technical assistance for activities
h. HAVA directs HHS to set aside 7% of the funding appropriated under this section for a given fiscal year to fund training and technical assistance for activities
conducted under the section (52 U.S.C. §
conducted under the section (52 U.S.C. §
§21061). 21061).
i.
i.
Recipients are prohibited from using funding awarded under this grant program to initiate or otherwise
Recipients are prohibited from using funding awarded under this grant program to initiate or otherwise
participate in litigation related to election-relatedparticipate in litigation related to election-related
disability disability
access (52 U.S.C. §21062). access (52 U.S.C. §21062).
j.
j.
The amounts listed here are for the Help America
The amounts listed here are for the Help America
Vote Col egeVote Col ege
Program as a whole.Program as a whole.
Grant-making is one of a number of activities,Grant-making is one of a number of activities,
including developing materials including developing materials
and sponsoring seminarsand sponsoring seminars
and workshops, that HAVAand workshops, that HAVA
authorizes the EAC to conduct as part of the program (52 U.S.C.authorizes the EAC to conduct as part of the program (52 U.S.C.
§21122).§21122).
CRS-10
CRS-10
Election Administration: Federal Grant Funding for States and Localities
As enacted, HAVA
As enacted, HAVA
authorized a total of $3 authorized a total of $3
bil ion billion for the requirements payments program over for the requirements payments program over
the period from FY2003 through FY2005. The Military and Overseas Voter Empowerment the period from FY2003 through FY2005. The Military and Overseas Voter Empowerment
(MOVE) Act of 2009—which set new requirements for the voting and registration processes used (MOVE) Act of 2009—which set new requirements for the voting and registration processes used
by individualsby individuals
covered by the Uniformed and Overseas Citizens Absentee Voting Act of 1986 covered by the Uniformed and Overseas Citizens Absentee Voting Act of 1986
(UOCAVA;(UOCAVA;
52 U.S.C. §§20301-20311)—amended HAVA52 U.S.C. §§20301-20311)—amended HAVA
to also authorize such sums as to also authorize such sums as
necessary for FY2010 and subsequent fiscal years to help HAVAnecessary for FY2010 and subsequent fiscal years to help HAVA
states meet the new MOVE Act states meet the new MOVE Act
requirements.15 requirements.15
The appropriations for requirements payments authorized by the MOVE Act were
authorized only for complying with the requirements established by that act.
Disability Access Grant Programs
Congressional testimony by representatives of the disability community highlighted the particular Congressional testimony by representatives of the disability community highlighted the particular
chal enges individuals challenges individuals with disabilitieswith disabilities
and older Americans faced in accessing the electoral and older Americans faced in accessing the electoral
process in 2000. Such process in 2000. Such
chal engeschallenges included, among others, polling places that were inaccessible to included, among others, polling places that were inaccessible to
individualsindividuals
with certain physical disabilitieswith certain physical disabilities
and the often limited options for individuals with and the often limited options for individuals with
visual impairments to cast a visual impairments to cast a
bal otballot privately and independently.16 HAVA privately and independently.16 HAVA
authorized two grant authorized two grant
programs to help address such programs to help address such
chal engeschallenges: (1) a : (1) a
polling place accessibility grant program, and (2) , and (2)
a a
protection and advocacy (P&A) system grant program. .
As authorized, HAVA’s
As authorized, HAVA’s
polling polling place accessibility grant program was to be available to the HAVA place accessibility grant program was to be available to the HAVA
states and units of local government.17 Grants awarded under the program were to be used for states and units of local government.17 Grants awarded under the program were to be used for
improving the accessibility of pollingimproving the accessibility of polling
places places to individuals with disabilities and conducting activities, such as voter outreach and conducting activities, such as voter outreach
campaigns and election worker trainings, to help share information about polling place campaigns and election worker trainings, to help share information about polling place
accessibility. accessibility.
P&A systems are state-level systems that are charged with empowering and advocating for
P&A systems are state-level systems that are charged with empowering and advocating for
individuals individuals with disabilities.18 HAVAwith disabilities.18 HAVA
authorized broad use of made P&A system grant funds P&A system grant funds
by HAVA state P&A systems19 to help individuals with disabilities participate in the electoral process but prohibited use of the funds to initiate or participatebroadly available to HAVA state P&A systems for helping ensure full participation in the electoral process by individuals with disabilities19 but prohibited use of the funds for initiating or participating in elections-related litigation.20 in elections-related litigation.20
The act The act
specifies that 7% of the funding appropriated for the P&A system grant program for any given specifies that 7% of the funding appropriated for the P&A system grant program for any given
fiscal year is to be distributed to other organizations to provide training and technical assistance fiscal year is to be distributed to other organizations to provide training and technical assistance
with activities funded under the program.with activities funded under the program.
15 T he MOVE Act was
15 The MOVE Act was enacted as Subtitleenacted as Subtitle
H of H of
T itleTitle V of the National Defense Authorization Act for Fiscal Year 2010 V of the National Defense Authorization Act for Fiscal Year 2010
(P.L. 111-84). For more on UOCAVA and the MOVE Act, see(P.L. 111-84). For more on UOCAVA and the MOVE Act, see
CRS CRS Report RS20764, Report RS20764,
The Uniform edUniformed and Overseas
Citizens Absentee Voting Act: Overview and Issues, by R. Sam, by R. Sam
Garrett . Garrett.
16 See,16 See,
for example, U.S. Congress,for example, U.S. Congress,
Senate Committee on RulesSenate Committee on Rules
and Administration, and Administration,
Election Reform: Volume 1, ,
hearing, 107th Cong., 1st sess.,hearing, 107th Cong., 1st sess.,
March 14, 2001, S.Hrg. 107-1036 (Washington, DC: GPO, 2003), p. 9. March 14, 2001, S.Hrg. 107-1036 (Washington, DC: GPO, 2003), p. 9.
17 Although HAVA
17 Although HAVA
lists both the HAVAlists both the HAVA
states and units of local government as potential recipients of polling place states and units of local government as potential recipients of polling place
accessibility grant funds,accessibility grant funds,
the appropriations acts that have funded the appropriations acts that have funded
awar ds under awards under the program have generally limited the program have generally limited
them to the HAVA states. See, for example, P.L. 108-7. them to the HAVA states. See, for example, P.L. 108-7.
18 Some P&A systems are part of state governments, whereas others are 18 Some P&A systems are part of state governments, whereas others are
nonpro fitnonprofit organizations. In addition to HAVA organizations. In addition to HAVA
grant funds,grant funds,
P&A systems receive federal fundingP&A systems receive federal funding
under other P&A programs to provide legal and other support in under other P&A programs to provide legal and other support in
areas other than election administration. For more information about P&A systems, see Administration for Community areas other than election administration. For more information about P&A systems, see Administration for Community
Living, Living,
State Protection & Advocacy System sSystems, at https://acl.gov/programs/aging-and-disability-networks/state-, at https://acl.gov/programs/aging-and-disability-networks/state-
protection-advocacy-systems. protection-advocacy-systems.
19
19
T hereThere are also P&A systems that serve the Commonwealth of the Northern Mariana Islands (CNMI) and Native are also P&A systems that serve the Commonwealth of the Northern Mariana Islands (CNMI) and Native
Americans in the Four Corners region of the country (American Indian Americans in the Four Corners region of the country (American Indian
Consortium). T hoseconsortium). Those P&A systems are generally P&A systems are generally
not eligiblenot eligible
for HAVA’sfor HAVA’s
P&A system grant program, although the explanatory statement accompanying the P&A system grant program, although the explanatory statement accompanying the
Consolidated Appropriations Act, 2004 (P.L. 108-199) indicated that Congress intended to extend eligibility for the Consolidated Appropriations Act, 2004 (P.L. 108-199) indicated that Congress intended to extend eligibility for the
program to the American Indian program to the American Indian
Consortiumconsortium P&A system. P&A system.
20 Sen. Chris20 Sen. Chris
Dodd, “Equal Protection of Voting Rights Act of 2001,” debate in the Senate, Dodd, “Equal Protection of Voting Rights Act of 2001,” debate in the Senate,
Congressional Record, ,
daily edition, vol. 148, part 17 (February 26, 2002), pp. S1148daily edition, vol. 148, part 17 (February 26, 2002), pp. S1148
-1149. -1149.
Congressional Research Service
Congressional Research Service
11
11
link to page 16 link to page 16 link to page 16 link to page 16 link to page 16 link to page 16 link to page 16 link to page 16 link to page 16 link to page 16 link to page 16 link to page 16 link to page 16 link to page 16 link to page 16
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Table 5. Comparison of Original HAVA General Improvements Grant Program withto FY2018, FY20202020, 2022, and CARES Act Funds
Original General Improvements
Improvements Grant
FY2018 Funds
FY2020 Funds
FY2022 Funds
CARES Act Funds
Grant Program
(P.L. 115-141)
(P.L. 116-93)
(P.L. 117-103)
(P.L. 116-136)
Uses
Uses
Making
Making
general improvements to thecertain general
Making general improvements
Making general improvements
Making general improvements toto the administration of federal
Preventing, preparing for, or
Preventing, preparing for, or
administration of federal elections
to the administration of federal
the administration of federal
responding to coronavirus,
elections, responding to
improvements to election
elections, including enhancing election technology and improving
coronavirus, domestically and internationally,
administration
election securitya
in including enhancing
elections, including enhancing
domestical y and international y, in
election technology and
election technology and
the 2020 federal election cycle
improving election securitya
improving election securitya
the 2020 federal election cycle
Guaranteed minimum Guaranteed minimum
award amounts
award amounts
50 states and DC:
$5 mil
$5 mil
ionbionb
$3 mil ion
$3 mil ion
$3 mil ion
$3 mil ion
$
$
1 mil ion
$3 mil io3 mil io
nc
Eligible territories:
$1 mil
$1 mil
ionbionb
$600,000
$600,000
$600,000
$600,000
$
$
200,000
$600,00600,00
0c
Eligible recipients
Eligible recipients
50 states, DC, American
50 states, DC, American
Samoa,Samoa,
HAVA states HAVA states
HAVA states and the
HAVA states and the
Commonwealth of
HAVA states and the
HAVA states and the
Commonwealth of the
Guam, Puerto Rico, and the U.S.
Guam, Puerto Rico, and the U.S.
Commonwealth of the Northern
Commonwealth of the Northern
Virgin Islands (HAVA states)
Mariana Islands
Mariana Islandsc
Spending deadline
—
—
—
December the Northern Mariana Islands
Northern Mariana Islandsc
Virgin Islands (HAVA states)
Spending deadline
—
—
—
—
December 31, 20231, 202
0d
Match requirement
Match requirement
—
—
5%e
20%e
20%e
20%c,e
Reporting
Reporting
requirement
—f
—f
—f
Quarterly (financial)
Within 20 days of an election in Within 20 days of an election in
the 2020 the 2020
requirement
and annual (progress) federal election cycle federal election cycle
Source: CRS, based on review of the U.S.CRS, based on review of the U.S.
Code and relevant appropriations measures. Code and relevant appropriations measures.
Notes: Congress appropriated funding for FY2018Congress appropriated funding for FY2018
, FY2020, and FY2022 for four and FY2020 for three sets of HAVA grant funds: FY2018 funds, FY2020 funds, sets of HAVA grant funds: FY2018 funds, FY2020 funds,
FY2022 funds, and CARES Act funds. The acts that and CARES Act funds. The acts that
provided the funds included substantive provisions that modifiedprovided the funds included substantive provisions that modified
or supplemented some parametersor supplemented some parameters
of the program under which the funds wereof the program under which the funds were
appropriated. This table appropriated. This table
compares compares selected parametersselected parameters
of the original grant program as authorized by HAVA to corresponding parametersof the original grant program as authorized by HAVA to corresponding parameters
of the FY2018, FY2020, of the FY2018, FY2020,
FY2022, and CARES Act funds. and CARES Act funds.
a. Explanatory statements accompanying a. Explanatory statements accompanying
thesethe FY2018 and FY2020 consolidated appropriations acts listed some appropriations acts listed some
election security-specific purposes for which recipients election security-specific purposes for which recipients
may use the funds. Guidance may use the funds. Guidance
issued by the U.S. Election Assistanceissued by the U.S. Election Assistance
Commission (EAC) fol owing the onset of the COVID-19 pandemic Commission (EAC) clarified that these funds—as clarified that these funds—as
wel well as someas some
other funding other funding
previously appropriated under HAVA—may be used to cover certain costs incurred appropriated under HAVA—may be used to cover certain costs incurred
as a result of the pandemicin response to the COVID-19 pandemic or an increase in threats to election officials. .
b. These minimums
b. These minimums
were were for the combination of awards under HAVA’sfor the combination of awards under HAVA’s
general improvementsgeneral improvements
and leverand lever
and punch card voting system replacementand punch card voting system replacement
grant programs. grant programs.
c. A general provision of the CARES Act (§23003) extended these conditions on the FY2020 funds to the CARES Act funds. c. A general provision of the CARES Act (§23003) extended these conditions on the FY2020 funds to the CARES Act funds.
d. Recipients d. Recipients
arewere required to return any funds that required to return any funds that
havehad not been obligated as of this deadline to the U.S. Treasury. not been obligated as of this deadline to the U.S. Treasury.
e. According to the EAC, somee. According to the EAC, some
eligible territories eligible territories have been exempted fromhave been exempted from
these match requirements.these match requirements.
The appropriations acts specify that each nonexempt recipient The appropriations acts specify that each nonexempt recipient
must provide funds for grant activities in an amount equal to the specified percentage “of the total amount of the payment made to the [recipient].”
must provide funds for grant activities in an amount equal to the specified percentage “of the total amount of the payment made to the [recipient].”
f.
f.
Recipients of these funds are subject to reporting requirements,
Recipients of these funds are subject to reporting requirements,
as specified by the EAC, but the acts themselvesas specified by the EAC, but the acts themselves
did not set financial reporting requirements.did not set financial reporting requirements.
CRS-12
CRS-12
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Election Administration: Federal Grant Funding for States and Localities
Election Technology Research Grant Programs
Election technology shortcomings, such as the unreliability of lever and punch card voting Election technology shortcomings, such as the unreliability of lever and punch card voting
systems, contributed to the issues with the administration of the 2000 elections. One approach systems, contributed to the issues with the administration of the 2000 elections. One approach
Congress took to addressing such shortcomings—as described in the Congress took to addressing such shortcomings—as described in the
“Voting System
Replacement Grant Programs”” section of this report—was section of this report—was
to authorizeauthorizing funding to help replace funding to help replace
lever and punch card voting systems. Another was lever and punch card voting systems. Another was
to authorizeauthorizing funding for research into better funding for research into better
systems. HAVA’s systems. HAVA’s
voting technology improvements research grant program and and
voting technology
pilot program grant program were intended to facilitate development and testing of new voting were intended to facilitate development and testing of new voting
technologies.21 technologies.21
The MOVE Act, which set new requirements for the voting and registration processes used by
The MOVE Act, which set new requirements for the voting and registration processes used by
UOCAVAUOCAVA
voters and authorized new appropriations for requirements payments to help HAVA voters and authorized new appropriations for requirements payments to help HAVA
states meet them, also authorized funding to help improve UOCAVAstates meet them, also authorized funding to help improve UOCAVA
election technologies. The election technologies. The
act’s act’s
UOCAVA election technology pilot program grant program was intended to fund testing of was intended to fund testing of
new election technologies for use by individuals covered by UOCAVA.22 new election technologies for use by individuals covered by UOCAVA.22
Youth Voter Participation and Poll Worker Recruitment Grant
Programs
Young people participated in the 2000 elections at lower rates than their older counterparts,23 and Young people participated in the 2000 elections at lower rates than their older counterparts,23 and
some of the issues with the administration of the 2000 elections were caused by a shortage of some of the issues with the administration of the 2000 elections were caused by a shortage of
qualified poll workers.24 Congress authorized two grant programs in HAVAqualified poll workers.24 Congress authorized two grant programs in HAVA
that were aimed at that were aimed at
addressing one or both of those issues.25 HAVA’s addressing one or both of those issues.25 HAVA’s
mock elections grant program was designed to was designed to
fund activities, such as simulated national elections and quiz team competitions, to help fund activities, such as simulated national elections and quiz team competitions, to help
encourage students and their parents to engage with the electoral process.26 The encourage students and their parents to engage with the electoral process.26 The
Help America
Vote College Program, which was to be developed by the EAC, was intended to use grant-making , which was to be developed by the EAC, was intended to use grant-making
21 T he EAC has used
21 The EAC has used funding provided for these grant programs to conduct Accessiblefunding provided for these grant programs to conduct Accessible
Voting Voting
T echnologyTechnology, Military , Military
Heroes, andHeroes, and
Pre-Election Logic and Accuracy Pre-Election Logic and Accuracy
T estingTesting and Post and Post
-Election Audit initiatives. EAC, -Election Audit initiatives. EAC,
Discretionary Grants, ,
at https://web.archive.org/web/20200622235023/https://www.eac.gov/payments-and-grants/discretionary-grants/. As at https://web.archive.org/web/20200622235023/https://www.eac.gov/payments-and-grants/discretionary-grants/. As
administered by the EAC, these grant programs were generally availableadministered by the EAC, these grant programs were generally available
to private organizations or private institutions to private organizations or private institutions
of higher education in addition to or in partnership with state or local government entities. See, for example, EAC, of higher education in addition to or in partnership with state or local government entities. See, for example, EAC,
Notice of Federal Funds Available: 2010 Voting System Pre-Election Logic and Accuracy Testing & Post-Election
Audit Initiative, September 10, 2010, p. 2, at https://web.archive.org/web/20120921090304/http://www.eac.gov/assets/, September 10, 2010, p. 2, at https://web.archive.org/web/20120921090304/http://www.eac.gov/assets/
1/AssetManager/L&A%20Post%20Election%20Audit%20NOFA%20FINAL.9.07.10.pdf1/AssetManager/L&A%20Post%20Election%20Audit%20NOFA%20FINAL.9.07.10.pdf
. .
22 The22 T he U.S. Department of Defense’s Federal Voting Assistance Program (FVAP) implemented this grant program as U.S. Department of Defense’s Federal Voting Assistance Program (FVAP) implemented this grant program as
its Electronic Absentee Systems for Elections (EASE)its Electronic Absentee Systems for Elections (EASE)
and EASE 2 grant programs, which wereand EASE 2 grant programs, which were
available to states, available to states,
territories, and localities. FVAP, territories, and localities. FVAP,
EASE Grant Program , at https://www.fvap.gov/eo/grants/ease-1; and FVAP,, at https://www.fvap.gov/eo/grants/ease-1; and FVAP,
EASE 2
Grant Program , at https://www.fvap.gov/eo/grants/ease-2. , at https://www.fvap.gov/eo/grants/ease-2.
23
23
T homThom File, File,
Young-Adult Voting: An Analysis of Presidential Elections, 1964 -2012, U.S. Census Bureau,, U.S. Census Bureau,
April 2014, April 2014,
p. 6, atp. 6, at
https://www.census.gov/https://www.census.gov/
prod/2014pubs/p20-573.pdf.
24 See, library/publications/2014/demo/p20-573.html.
24 See, for example, GAO, for example, GAO,
Elections: Perspectives on Activities and Challenges Across the Nation . .
25 HAVA25 HAVA
also authorized another initiative to encourage youth voter participation: The Help America Vote Foundation. also authorized another initiative to encourage youth voter participation: The Help America Vote Foundation.
T heThe foundation is not discussed foundation is not discussed
in detail in this report because HAVAin detail in this report because HAVA
does not explicitly list grantdoes not explicitly list grant
-making to states or -making to states or
localities aslocalities as
one of its functions. one of its functions.
26 As administered by the EAC, this grant program was
26 As administered by the EAC, this grant program was
available to state and local election offices as wellavailable to state and local election offices as well
as as nonprofit nonprofit
organizations in partnership with state or local election offices and tribal organizations. See, for example, EAC,organizations in partnership with state or local election offices and tribal organizations. See, for example, EAC,
Notice
of Federal Funds Available: 2010 Help Am erica America Vote Act Mock Election, January 2010, p. 1, at https://web.archive.org/, January 2010, p. 1, at https://web.archive.org/
web/20101223025104/http://www.eac.gov/assets/1/Page/web/20101223025104/http://www.eac.gov/assets/1/Page/
2010%20Help%20America%20Vote%20Act%20Mock%20Election%20-%20Notice.pdf. 2010%20Help%20America%20Vote%20Act%20Mock%20Election%20-%20Notice.pdf.
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Election Administration: Federal Grant Funding for States and Localities
and other activities to encourage students at institutions of higher education to serve as poll
and other activities to encourage students at institutions of higher education to serve as poll
workers and state and local election officials to take advantage of their services.27 workers and state and local election officials to take advantage of their services.27
Election Data Collection Grant Program
Election data can help policymakers identify potential improvements to election administration Election data can help policymakers identify potential improvements to election administration
processes. Data indicating that mail processes. Data indicating that mail
bal otsballots are being rejected at particularly high rates in a given are being rejected at particularly high rates in a given
locality, for example, might encourage the locality to review its locality, for example, might encourage the locality to review its
bal otballot design, voter education, or design, voter education, or
election worker training processes. election worker training processes.
The EAC collects data from state and local election officials after each regular federal general
The EAC collects data from state and local election officials after each regular federal general
election—using a survey known as the Election Administration and Voting Survey (EAVS)28—but election—using a survey known as the Election Administration and Voting Survey (EAVS)28—but
Congress found that some EAVS data quality and response rates were lower than expected.29 It Congress found that some EAVS data quality and response rates were lower than expected.29 It
responded by including language in the Consolidated Appropriations Act, 2008 (P.L. 110-161) to responded by including language in the Consolidated Appropriations Act, 2008 (P.L. 110-161) to
establish and fund an establish and fund an
election data collection grant program. Grant awards under this program, . Grant awards under this program,
which were to be available in the amount of $2 which were to be available in the amount of $2
mil ion million to each of five HAVAto each of five HAVA
states, were to be states, were to be
used to improve the collection of data for the November 2008 regular federal general election. used to improve the collection of data for the November 2008 regular federal general election.
Potential Considerations for Congress
Proposals to provide funding for election administration-related grant programs gained new Proposals to provide funding for election administration-related grant programs gained new
traction after the 2016 elections. Prior to the 2016 election cycle, Congress had not funded broad-traction after the 2016 elections. Prior to the 2016 election cycle, Congress had not funded broad-
based elections grant programs for states or localities since the FY2010 appropriations for based elections grant programs for states or localities since the FY2010 appropriations for
HAVA’sHAVA’s
requirements payments program,30 and it was not requirements payments program,30 and it was not
general ygenerally considered likely to do so.31 considered likely to do so.31
TheHowever, developments like the emergence of election interference as a significant issue in the 2016 election cycle and the emergence of election interference as a significant issue in the 2016 election cycle and the
onset of the COVID-19 pandemic in the 2020 cycleonset of the COVID-19 pandemic in the 2020 cycle
, however, have introduced election administration introduced election administration
chal enges that werechallenges that have been ongoing, difficult for states and localities to manage alone, or both.32 ongoing, difficult for states and localities to manage alone, or both.32
27 HAVA
27 HAVA authorizes the EAC to conduct various activities as part of the Help America Vote College authorizes the EAC to conduct various activities as part of the Help America Vote College
Pro gramProgram, but the , but the
agency has tended to useagency has tended to use
the funding Congressthe funding Congress
has provided for the program for granthas provided for the program for grant
-making. Grant recipients have -making. Grant recipients have
includedincluded
public andpublic and
private institutions of higher education, includingprivate institutions of higher education, including
community colleges. EAC, “community colleges. EAC, “
Help America Vote Help America Vote
CollegeCollege
Program,” at https://www.eac.gov/payments_and_grants/help_america_vote_college_program. Program,” at https://www.eac.gov/payments_and_grants/help_america_vote_college_program.
28 For more on the EAVS,
28 For more on the EAVS,
see CRSsee CRS
In FocusIn Focus
IF11266, IF11266,
The Election Administration and Voting Survey: Overview and
2018 Findings, by Karen L. Shanton. , by Karen L. Shanton.
29 U.S.29 U.S.
Congress, HouseCongress, House
Committee on Appropriations, Committee on Appropriations,
House Appropriations Committee Print: Consolidated
Appropriations Act, 2008 (H.R. 2764; P.L. 110-161P.L. 110-161
), committee print, 110th Cong., 1st sess., December 26, 2007, p. , committee print, 110th Cong., 1st sess., December 26, 2007, p.
893. 893.
30 Funding
30 Funding
had been provided for grant programs for specific elections-related purposes, such as HAVA’shad been provided for grant programs for specific elections-related purposes, such as HAVA’s
disability disability
accessaccess
grant programs, but not for more general grant programs like HAVA’sgrant programs, but not for more general grant programs like HAVA’s
general improvements grant program and general improvements grant program and
requirements payments program. EAC, requirements payments program. EAC,
Agency Financial Report, November , November
19, 201915, 2021, p. 4, at https://www.eac.gov/, p. 4, at https://www.eac.gov/
sites/default/files/sites/default/files/
eac_assets/1/6/EAC_FY2019_Agency_Financial_Report.pdf. 31 T he then-Chair of the House document_library/files/FY21_EAC_AFR_FINAL.pdf.
31 The then-chair of the Committee on House Administration said in 2014, for example, that state and local Committee on House Administration said in 2014, for example, that state and local
election officials shouldelection officials should
not expect federal assistance with covering the costs of replacing voting machines. Cory not expect federal assistance with covering the costs of replacing voting machines. Cory
Bennett, “States Ditch Electronic Voting Machines,” Bennett, “States Ditch Electronic Voting Machines,”
The Hill, November 2, 2014. Proposals to terminate the EAC in , November 2, 2014. Proposals to terminate the EAC in
the 112th through 115th Congresses werethe 112th through 115th Congresses were
also predicated in part on the assumption that the agency would not have new also predicated in part on the assumption that the agency would not have new
grant grant
funding funding to administer. For more on proposals to terminate the EAC, see CRSto administer. For more on proposals to terminate the EAC, see CRS
Report R45770, Report R45770,
The U.S. Election
Assistance Com m issionCommission: Overview and Selected Issues for Congress, by Karen L. Shanton. , by Karen L. Shanton.
32 For more on election interference, COVID-19, and other election emergencies, see CRS
32 For more on election interference, COVID-19, and other election emergencies, see CRS
Report R46455, Report R46455,
COVID-19
and Other Election Em ergenciesEmergencies: Frequently Asked Questions and Recent Policy Developm entsDevelopments, coordinated by R. , coordinated by R.
SamSam
Garrett Garrett. .
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Election Administration: Federal Grant Funding for States and Localities
As described in the
As described in the
“General Improvements Grant Program”” section of this report, Congress section of this report, Congress
has responded to responded to
those chal engessuch challenges, in part, by providing $380 , in part, by providing $380
mil ion million for HAVAfor HAVA
grant funds for FY2018, $75 million for FY2022, and a total of $825 million in regular and supplemental appropriations for FY2020. grant funds for FY2018, $425 mil ion for FY2020 in the Consolidated Appropriations Act, 2020, and $400 mil ion for FY2020 in the CARES Act. Congress has also considered further HAVA grant funding for FY2020 and FY2021. The House passed a version of the Heroes Act (H.R. 6800; passed 208-199) that would make $3.6 bil ion available for FY2020 for elections contingency planning,
preparation, and resilience, for example, and an FY2021 consolidated appropriations bil (H.R. 7617; passed 217-197) that included $500 mil ion for replacing direct-recording electronic (DRE)
voting machines and other elections-related purposes.33
Some Members have also proposed legislation to establish new elections grant programs for Some Members have also proposed legislation to establish new elections grant programs for
states or localities. Some of those proposalsstates or localities. Some of those proposals
, like some of the grant programs in the 116th Congress’s Securing America’s Federal Elections (SAFE) Act (H.R. 2722; S. 2053; S. 2238) and Emergency Assistance for Safe Elections (EASE) Act (H.R. 7905), are directed specifical y to election interference- or COVID-19-related chal enges. Others would address other election
administration issues. The Ranked Choice Voting Act (H.R. 4464) would authorize a grant program to help states implement ranked choice voting, for example, and the Voter Empowerment Act of 2019 (H.R. 1275/S. 549) would, among other purposes, establish a grant program to help states meet proposed voter registration requirements would authorize grant funding for a limited number of fiscal years, while others—such as the 117th Congress’s Freedom to Vote Act (S. 2747), Freedom to Vote: John R. Lewis Act (H.R. 5746), and Sustaining Our Democracy Act (H.R. 7992/S. 4239)—would establish a program and trust fund that would provide for ongoing funding. For more on legislation related to elections . For more on legislation related to elections
grant programs in the grant programs in the
116th117th Congress, Congress,
seesee Appendix A.34
The increased prominence of state and local elections grant programs since the 2016 election
The increased prominence of state and local elections grant programs since the 2016 election
cycle might suggest questions about what role, if any, such programs could play in future federal cycle might suggest questions about what role, if any, such programs could play in future federal
election administration policy. The following subsections introduce some issues that may be of election administration policy. The following subsections introduce some issues that may be of
interest to Members who are considering whether or how to propose a role for similar grant interest to Members who are considering whether or how to propose a role for similar grant
programs and to Members who are weighing whether to support, oppose, or amend such programs and to Members who are weighing whether to support, oppose, or amend such
proposals. proposals.
Role of Federal Grant Programs
A central debate in A central debate in
election administration is over the proper role of the federal government. elections policy is over the role the federal government should play in election administration. Some say that Congress should facilitate or mandate changes in the way elections are conducted Some say that Congress should facilitate or mandate changes in the way elections are conducted
in order to advance certain objectives, such as ensuring that in order to advance certain objectives, such as ensuring that
al eligible all eligible voters have access to the voters have access to the
bal otballot or protecting the integrity of the electoral process. or protecting the integrity of the electoral process.
3533 Others see a more limited role for the Others see a more limited role for the
federal government, suggesting that the state and local officials who are primarily responsible for federal government, suggesting that the state and local officials who are primarily responsible for
administering elections are best positioned to identify and implement the right election administering elections are best positioned to identify and implement the right election
administration policies for their jurisdictions.administration policies for their jurisdictions.
3634
That debate has carried over to some discussions of state and local elections grant programs.
That debate has carried over to some discussions of state and local elections grant programs.
Federalism considerations have informed some deliberations about how to structure election Federalism considerations have informed some deliberations about how to structure election
administration-related grant programs for states and localities (see the administration-related grant programs for states and localities (see the
“Options for Legislative
Proposals” section of this report for selected examples). Such considerations have also prompted section of this report for selected examples). Such considerations have also prompted
some to question whether to authorize or fund such grant programs at some to question whether to authorize or fund such grant programs at
al all. Some have opposed elections grant programs for states or localities on the grounds either that such programs would constitute federal overreach in and of themselves or that they could lead to such overreach.35
In addition to such general objections, some have voiced opposition to individual proposals to authorize or fund elections grant programs on more specific grounds. They have noted that some states still have funding remaining from previous appropriations for the grant program a given appropriations bill would fund, for example, or suggested that Congress does not yet have enough information to determine whether further funding for the program is warranted.36 Some Members might also disagree with the objectives of a proposed grant program or think that other
33 See, for example, Brennan Center for Justice, “. Some have opposed
33 T he House also passed another version of the Heroes Act (H.R. 8406) on October 1, 2020, as an amendment to the Senate amendment to H.R. 925 (passed 214-207). 34 Some of the proposals in this more general category have also been introduced in previous Congresses. T he Voter Empowerment Act, for example, has been introduced in similar form in each Congress since the 112 th.
35 See, for example, Brennan Center for Justice, “ Voting Reform,” at https://www.brennancenter.org/issues/ensure-Voting Reform,” at https://www.brennancenter.org/issues/ensure-
every-american-can-vote/voting-reform. every-american-can-vote/voting-reform.
3634 See, See,
for example, Hans von Spakovsky, “Leave for example, Hans von Spakovsky, “Leave
Electio nsElections up to the States,” USA Today, November 26, 2012. 35 See, for example, Maggie Miller, “Election Security Funds Caught in Crosshairs of Spending Debate,” The Hill, September 17, 2019.
36 See, for example, Maggie Miller, “New Federal Funds for Election Security Garner Mixed Reactions on Capitol Hill,” The Hill, December 17, 2019.
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congressional tools, such as federal requirements or nonfinancial assistance from federal up to the States,” USA Today, November 26, 2012.
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elections grant programs for states or localities on the grounds either that such programs would
constitute federal overreach in and of themselves or that they could lead to such overreach.37
In addition to such general objections, some have voiced opposition to individual proposals to
authorize or fund elections grant programs on more specific grounds. They have noted that some states stil have funding remaining from previous appropriations for the grant program a given appropriations bil would fund, for example, or suggested that Congress does not yet have enough information to determine whether further funding for the program is warranted.38 Some Members might also disagree with the objectives of a proposed grant program or think that other
congressional tools, such as federal requirements or nonfinancial assistance from federal
agencies, would be better equipped to achieve them. agencies, would be better equipped to achieve them.
Given the nature of its subject, this report tends to focus on how election administration-related
Given the nature of its subject, this report tends to focus on how election administration-related
grant programs for states and localities have played or might play a role in federal election grant programs for states and localities have played or might play a role in federal election
administration policy. As the above discussion suggests, however, a prior question in any given administration policy. As the above discussion suggests, however, a prior question in any given
case might be whether they should play such a role. Either as a general principle or in specific case might be whether they should play such a role. Either as a general principle or in specific
instances, Congress might choose not to authorize election administration-related grant programs instances, Congress might choose not to authorize election administration-related grant programs
for states and localities or not to provide funding for them. for states and localities or not to provide funding for them.
Options for Legislative Proposals
The The
“Role of Federal Grant Programs” ” section of this report describes some cases in which section of this report describes some cases in which
Members might oppose proposals to authorize or fund election administration-related grant Members might oppose proposals to authorize or fund election administration-related grant
programs for states or localities. There are also some circumstances in which Members might programs for states or localities. There are also some circumstances in which Members might
favor such proposals. State or local elections grant programs might appeal to Members who are favor such proposals. State or local elections grant programs might appeal to Members who are
hesitant to set federal requirements for election administration, for example, or who want to hesitant to set federal requirements for election administration, for example, or who want to
engage with aspects of election administration for which Congress’s authority to set requirements engage with aspects of election administration for which Congress’s authority to set requirements
is limited.is limited.
3937 Grant programs might also appeal to Members who believe that funding is the best Grant programs might also appeal to Members who believe that funding is the best
way to achieve certain election administration objectives or that states and localities either cannot way to achieve certain election administration objectives or that states and localities either cannot
or should not be solely responsible for financing certain aspects of election administration. or should not be solely responsible for financing certain aspects of election administration.
Most of the funding Congress has made available to states and localities for election
Most of the funding Congress has made available to states and localities for election
administration-related purposes to date has been appropriated under grant programs authorized by administration-related purposes to date has been appropriated under grant programs authorized by
HAVA.HAVA.
Members who are interested in proposing further elections grant funding for states or Members who are interested in proposing further elections grant funding for states or
localities might consider whether to continue appropriating funding under existing grant localities might consider whether to continue appropriating funding under existing grant
programs or to establish new grant programs that are tailored more programs or to establish new grant programs that are tailored more
specifical yspecifically to current needs. to current needs.
4038
In either case, Members might also consider exactly how to structure the grant programs. Choices
In either case, Members might also consider exactly how to structure the grant programs. Choices
about how grant programs are structured—whether they are made in authorizing legislation like about how grant programs are structured—whether they are made in authorizing legislation like
HAVAHAVA
or substantive provisions of appropriations acts like Division B of the CARES Act—can or substantive provisions of appropriations acts like Division B of the CARES Act—can
help determine how effective the programs are at achieving their intended purposes and what, if help determine how effective the programs are at achieving their intended purposes and what, if
any, unintended consequences they might have. Information about the options available for any, unintended consequences they might have. Information about the options available for
37 See, for example, Maggie Miller, “Election Security Funds Caught in Crosshairs of Spending Debate,” The Hill, September 17, 2019. 38 See, for example, Maggie Miller, “New Federal Funds for Election Security Garner Mixed Reactions on Capitol Hill,” The Hill, December 17, 2019. 39 For more on Congress’s authority to set requirements for election administration, see CRS Report RL30747, Congressional Authority to Direct How States Adm inister Elections, by Kenneth R. T homas. 40 For more on the relationship between establishing structuring grant programs might, therefore, be of interest both to Members who are considering proposing new grant programs or funding and to Members who are weighing whether to support, oppose, or amend such proposals.
Previous legislative proposals suggest some possible questions about how to structure election administration-related grant programs for states and localities, some options available for answering them, and some of the considerations that have informed choices among such options in the past. The following subsections introduce some of those questions, options, and considerations (for examples of how the options have been implemented in previous legislative proposals, see Appendix B). The discussion in these subsections is intended to be illustrative rather than to provide a comprehensive accounting of all of the factors that might inform choices
37 For more on Congress’s authority to set requirements for election administration, see CRS Report RL30747, Congressional Authority to Direct How States Administer Elections, by Kenneth R. Thomas.
38 For more on the relationship between establishing federal programs and appropriating funding for them, see CRS federal programs and appropriating funding for them, see CRS
Report R42098, Report R42098,
Authorization of Appropriations: Procedural and Legal Issues, coordinated by Edward, coordinated by Edward
C. Liu;C. Liu;
CRS CRS
Report R42388, Report R42388,
The Congressional Appropriations Process: An Introduction, coordinated by James V., coordinated by James V.
Saturno; and Saturno; and
CRSCRS
Report RS20371, Report RS20371,
Overview of the Authorization-Appropriations Process, by Bill Heniff Jr. , by Bill Heniff Jr.
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Election Administration: Federal Grant Funding for States and Localities
about elections grant programs. Congressional clients may contact CRS for more detailed discussion of considerations that might be relevant to specific legislative proposals.39
Uses of Funds
Are grant funds limited to use for specific activities or available for States and Localities
structuring grant programs might, therefore, be of interest both to Members who are considering proposing new grant programs or funding and to Members who are weighing whether to support,
oppose, or amend such proposals.
Previous legislative proposals suggest some possible questions about how to structure election administration-related grant programs for states and localities, some options available for answering them, and some of the considerations that have informed choices among such options in the past. The following subsections introduce some of those questions, options, and considerations (for examples of how the options have been implemented in previous legislative
proposals, see Appendix B). The discussion in these subsections is intended to be il ustrative rather than to provide a comprehensive accounting of al of the factors that might inform choices about elections grant programs. Congressional clients may contact CRS for more detailed
discussion of considerations that might be relevant to specific legislative proposals.41
Uses of Funds
Are grant funds limited to use for specific activities or available for more general for more general
purposes?
purposes?
Are grant funds intended to finance voluntary activities or help meet federal
Are grant funds intended to finance voluntary activities or help meet federal
requirements?
requirements?
Are any uses of grant funds prohibited or prioritized?
Are any uses of grant funds prohibited or prioritized?
State and local officials who are open to receiving federal elections grant funding have tended to
State and local officials who are open to receiving federal elections grant funding have tended to
express a preference for funding with minimal restrictions.express a preference for funding with minimal restrictions.
4240 The National Association of The National Association of
Secretaries of State (NASS) adopted a resolution in February 2019, for example, that urged Secretaries of State (NASS) adopted a resolution in February 2019, for example, that urged
Congress not to set further conditions on HAVACongress not to set further conditions on HAVA
funds than are laid out in the act.funds than are laid out in the act.
4341 Some election Some election
officials have also advocated for funding flexibilityofficials have also advocated for funding flexibility
in congressional testimony, arguing against in congressional testimony, arguing against
limitinglimiting
the purposes for which federal funding may be used or attaching funding to federal the purposes for which federal funding may be used or attaching funding to federal
requirements.requirements.
4442
As the officials primarily responsible for administering elections, state and local officials might
As the officials primarily responsible for administering elections, state and local officials might
have particular insight into the election administration problems that are most pressing in their have particular insight into the election administration problems that are most pressing in their
jurisdictions and the proposed solutions to those problems that are most likely to be effective. jurisdictions and the proposed solutions to those problems that are most likely to be effective.
State and local officials State and local officials
wil likely will likely also play a prominent role in implementing—and helping also play a prominent role in implementing—and helping
41 Congress has also used or proposed using funding to engage with election administration in ways other than authorizing or funding grant programs for states or localities. For example, Congress has directed federal agencies to use determine the success of—any federal funding initiatives. Such considerations might lead Members to favor general purpose grant programs that are intended to help fund voluntary rather than mandatory activities.
Members might choose to limit use of grant funds to more specific purposes or attach funding to federal requirements, on the other hand, if they have a particular solution to an election administration problem in mind or if they want to encourage consistency in the way states approach a given aspect of election administration. For example, HAVA’s lever and punch card voting system replacement grant program aimed to solve the reliability problems with those voting systems specifically by replacing the systems. The act’s requirements payments program
39 Congress has also used or proposed using funding to engage with election administration in ways other than authorizing or funding grant programs for states or localities. For example, Congress has directed federal agencies to use some of their funding to support state and local election administration work and authorized more general grant some of their funding to support state and local election administration work and authorized more general grant
programs that have been usedprograms that have been used
to fund elections-related projects. Members have also introduced billsto fund elections-related projects. Members have also introduced bills
that would that would
condition eligibility for certain federal fundingcondition eligibility for certain federal funding
on adopting or rejecting election administration on adopting or rejecting election administration
po liciespolicies. Such uses. Such uses
of of
fundingfunding
are outsideare outside
the scope of this report. the scope of this report.
4240 State and local officials may not always want or need federal elections funding. In congressional testimony on State and local officials may not always want or need federal elections funding. In congressional testimony on
preparations for the 2020 general election, for example, one state official indicated that, barring certain eventualities, preparations for the 2020 general election, for example, one state official indicated that, barring certain eventualities,
his state didhis state did
not need further financial assistance from the federal government to conduct its 2020 elections.not need further financial assistance from the federal government to conduct its 2020 elections.
U.S. U.S.
Congress, Senate Committee on RulesCongress, Senate Committee on Rules
and Administration, and Administration,
2020 General Election Preparations, hearing, 116th Cong., , hearing, 116th Cong.,
2nd sess.,2nd sess.,
July 22, 2020. July 22, 2020.
43
41 National Association of Secretaries of State, National Association of Secretaries of State,
NASS Resolution on Principles for Federal Assistance in Funding of
Elections, February, February
4, 2019, at https://www.nass.org/node/1557. 4, 2019, at https://www.nass.org/node/1557.
4442 See, See,
for example, Written Statement of R. Kyle Ardoin in U.S. Congress,for example, Written Statement of R. Kyle Ardoin in U.S. Congress,
House Committee on House Committee on House
Administration, Subcommittee on Elections, Administration, Subcommittee on Elections,
The Im pactImpact of COVID-19 on Voting Rights and Election Adm inistration:
Administration: Ensuring Safe and Fair Elections, hearing, 116th Cong., 2nd sess., June, hearing, 116th Cong., 2nd sess., June
11, 2020, p. 2; and Statement from the 11, 2020, p. 2; and Statement from the
Honorable Honorable
T reTre Hargett, Hargett,
T ennesseeTennessee Secretary of State, in U.S. Secretary of State, in U.S.
Congress, Senate Committee on Rules and Congress, Senate Committee on Rules and
Administration, Administration,
2020 General Election Preparations, hearing, 116th Cong., 2nd sess., July, hearing, 116th Cong., 2nd sess., July
22, 2020, p. 2. 22, 2020, p. 2.
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for States and Localities
determine the success of—any federal funding initiatives. Such considerations might lead Members to favor general-purpose grant programs that are intended to help fund voluntary rather
than mandatory activities.
Members might choose to limit use of grant funds to more specific purposes or attach funding to federal requirements, on the other hand, if they have a particular solution to an election administration problem in mind or if they want to encourage consistency in the way states approach a given aspect of election administration. For example, HAVA’s lever and punch card voting system replacement grant program aimed to solve the reliability problems with those
voting systems specifical y by replacing the systems. The act’s requirements payments program was attached to requirements to help standardize certain practices, such as having a centralized was attached to requirements to help standardize certain practices, such as having a centralized
statewide voter registration list, across states.statewide voter registration list, across states.
4543
The above discussion focuses on two options available to Congress: (1) limiting use of grant
The above discussion focuses on two options available to Congress: (1) limiting use of grant
funds to specific activities, and (2) making funds available for more general purposes. There are funds to specific activities, and (2) making funds available for more general purposes. There are
also some other alternatives that might appeal to Members who are interested in a middle ground also some other alternatives that might appeal to Members who are interested in a middle ground
between those options. One possible intermediate approach, which Congress used with HAVA’s between those options. One possible intermediate approach, which Congress used with HAVA’s
P&A system grant program, is to make grant funds broadly available for general purposes but P&A system grant program, is to make grant funds broadly available for general purposes but
prohibit some specific uses of the funds. Another, which the House has explored in prohibit some specific uses of the funds. Another, which the House has explored in
its versions of the FY2020some recent consolidated and Financial Services and General Government appropriations Financial Services and General Government appropriations
bil (H.R. 3351) and an FY2021 consolidated appropriations bil (H.R. 7617)bills, is to prioritize use of the funds for a , is to prioritize use of the funds for a
particular activity, such as replacing particular activity, such as replacing
DRE direct-recording electronic (DRE) voting machines, but permit them to be used for more voting machines, but permit them to be used for more
general purposes under certain conditions.general purposes under certain conditions.
44
Amount of Funding
Is the total amount of federal funding
Is the total amount of federal funding
authorized for the grant program a fixed for the grant program a fixed
amount, or is amount, or is
it based on the costs of conductingit such sums as may be necessary to conduct the funded activities? the funded activities?
Are grant recipients required to contribute to funding grant activities?
Are grant recipients required to contribute to funding grant activities?
How is funding How is funding
al ocatedallocated to grant recipients? to grant recipients?
Are eligible Are eligible
recipients guaranteed minimum—or subject to maximum—award recipients guaranteed minimum—or subject to maximum—award
amounts?
amounts?
Congress might use grant programs either to help states or localities perform a particular activity
Congress might use grant programs either to help states or localities perform a particular activity
or to encourage them to do so. Whether a given grant program is intended to facilitate elections or to encourage them to do so. Whether a given grant program is intended to facilitate elections
activities or incentivize them might affect how much funding Congress chooses to make available activities or incentivize them might affect how much funding Congress chooses to make available
for the program. If the objective of a given grant program is to enable states to perform an for the program. If the objective of a given grant program is to enable states to perform an
activity, for example, the amount of funding Congress chooses to provide for the program might activity, for example, the amount of funding Congress chooses to provide for the program might
be based on the actual costs of conducting the activity. be based on the actual costs of conducting the activity.
Congress has sometimes also required grant recipients to contribute some of the total funding for
Congress has sometimes also required grant recipients to contribute some of the total funding for
grant activities, such as by providing matching funds. The 50 states, DC, and Puerto Rico grant activities, such as by providing matching funds. The 50 states, DC, and Puerto Rico
were
45 Even in cases in which are required to match 5% of the federal funding they received in FY2018 HAVA funds, for example, and 20% of the funding received in FY2020, FY2022, and CARES Act funds.45
43 Even in cases in which Congress attaches funding to a requirement, it may leave grantees some flexibility about Congress attaches funding to a requirement, it may leave grantees some flexibility about
exactly how to comply with the requirement. HAVAexactly how to comply with the requirement. HAVA
explicitly states that decisions about how to implement explicitly states that decisions about how to implement
t hethe act’s act’s
requirements are to be left to the states, for example, and states have taken different approaches to meeting requirements are to be left to the states, for example, and states have taken different approaches to meeting
requirements like the act’s statewide voter registration list requirement. For more on statewide voter registration lists, requirements like the act’s statewide voter registration list requirement. For more on statewide voter registration lists,
see CRSsee CRS
Report Report R46406, R46406,
Voter Registration: Recent Developm entsDevelopments and Issues for Congress, by Sarah J. Eckman; and , by Sarah J. Eckman; and
EAC, EAC,
Voluntary Guidance on Im plem entationImplementation of Statewide Voter Registration Lists,,
July July 2005, at https://www.eac.gov/2005, at https://www.eac.gov/
sites/default/files/eac_assets/1/1/Implementing%20Statewide%20Voter%20Registration%20Lists.pdfsites/default/files/eac_assets/1/1/Implementing%20Statewide%20Voter%20Registration%20Lists.pdf
.
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required to match 5% of the federal funding they received in FY2018 HAVA funds, for example,
and 20% of the funding they received in FY2020 and CARES Act funds.46
Requiring grant recipients to contribute to funding grant activities might have some advantages.
For one thing, it increases the total amount of funding available .
44 See, for example, a House-passed FY2021 consolidated appropriations act (H.R. 7617; passed 217-197), the Financial Services and General Government Appropriations Act, 2022 (H.R. 4345), and the Financial Services and General Government Appropriations Act, 2023 (H.R. 8254).
45 According to the EAC, these match requirements have been waived for the other eligible territories. EAC, State Governments’ Use of Help America Vote Act Funds 2007, July 2008, pp. 22-23, at https://www.eac.gov/sites/default/files/eac_assets/1/6/EAC_Report_to_Congress_on_State_Expenditures_of_HAVA_Funds_2007.pdf; EAC, Election Assistance Commission FY2008/2009/2010/2011 Requirements Payment Schedule, at https://web.archive.org/web/20191227211147/https://www.eac.gov/assets/1/6/4699.PDF; and EAC, “HAVA Frequently Asked Questions,” at https://www.eac.gov/payments-and-grants/grants-faqs.
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Requiring grant recipients to contribute to funding grant activities might have some advantages. For one thing, it increases the total amount of funding available for grant activities without further for grant activities without further
increasing federal investment. Some have also suggested that, by requiring potential grantees to increasing federal investment. Some have also suggested that, by requiring potential grantees to
make a case to state or local authorities for providing matching funds, match requirements might make a case to state or local authorities for providing matching funds, match requirements might
encourage grant recipients to think more carefully about how to deploy grant funds.encourage grant recipients to think more carefully about how to deploy grant funds.
4746
Match requirements may also come with trade-offs, however. For example, some have suggested
Match requirements may also come with trade-offs, however. For example, some have suggested
that requiring a 20% match for CARES Act HAVAthat requiring a 20% match for CARES Act HAVA
funds at a time when there were other pressing funds at a time when there were other pressing
demands on state budgets and some state legislatures had suspended their sessions due to demands on state budgets and some state legislatures had suspended their sessions due to
COVID-19 made it difficult for some states to access the funds.COVID-19 made it difficult for some states to access the funds.
4847 States with more limited States with more limited
resources may also find it more resources may also find it more
chal engingchallenging to meet match requirements in general than better- to meet match requirements in general than better-
resourced states. resourced states.
A proposal was offered, during the HAVA
A proposal was offered, during the HAVA
debate, to address this last trade-off by linking the debate, to address this last trade-off by linking the
percentage of federal funding states were required to match to their level of financial need.percentage of federal funding states were required to match to their level of financial need.
4948 That That
proposal was not adopted, but variations among states have factored into other decisions about proposal was not adopted, but variations among states have factored into other decisions about
elections grant programs. For example, Congress chose to use nondiscretionary formulas to elections grant programs. For example, Congress chose to use nondiscretionary formulas to
al ocateallocate some HAVA some HAVA
funds due to concerns that using competitive grant processes would funds due to concerns that using competitive grant processes would
disadvantage states with more limited grant-writing resources.disadvantage states with more limited grant-writing resources.
5049 The formulas Congress set out in The formulas Congress set out in
HAVA HAVA were also structured to reflect variations among states. were also structured to reflect variations among states.
Al ocationsAllocations of lever and punch card of lever and punch card
voting system replacement grant funds varied with the number of precincts that used such voting system replacement grant funds varied with the number of precincts that used such
systems in the November 2000 general election, for example, and systems in the November 2000 general election, for example, and
al ocationsallocations of general of general
improvements funds and requirements payments vary by voting-age population. improvements funds and requirements payments vary by voting-age population.
Recipients of Funding
Is grant funding available—directly or indirectly—to local officials?
Is grant funding available—directly or indirectly—to local officials?
46 According to the EAC, these match requirements have been waived for the other eligible territories. EAC, State
Governments’ Use of Help America Vote Act Funds 2007, July 2008, pp. 22-23, at https://www.eac.gov/sites/default/files/eac_assets/1/6/EAC_Report_to_Congress_on_State_Expenditures_of_HAVA_Funds_2007.pdf ; EAC, Election
Assistance Com m ission FY2008/2009/201 0/2011 Requirem ents Paym ent Schedule, at https://web.archive.org/web/20191227211147/https://www.eac.gov/assets/1/6/4699.PDF; and EAC, “ 2020 CARES Act Grant FAQs,” at https://www.eac.gov/payments-and-grants/2020-cares-act-grant-faqs. 47 See, for example, U.S. Congress, Senate Committee on Rules Is grant funding available to election officials or to other state or local entities? Which jurisdictions or entities are eligible for the grant program?
State-level election officials have been the direct recipients of most of the funding Congress has made available for election administration-related grant programs to date, and they have generally had discretion over whether or how to share the funds. In most states, however, most of the day-to-day work of administering elections is done at the local level.50 Local officials are often both
46 See, for example, U.S. Congress, Senate Committee on Rules and Administration, and Administration,
2020 General Election
Preparations, hearing, 116th Cong., 2nd sess., July, hearing, 116th Cong., 2nd sess., July
22, 2020. 22, 2020.
4847 See, See,
for example, Letter from Paul Pate, President of the National Association of Secretaries of State, to Speaker for example, Letter from Paul Pate, President of the National Association of Secretaries of State, to Speaker
Nancy Pelosi andNancy Pelosi and
Leader Kevin McCarthy, April 2, 2020, at https://www.nass.org/sites/default/files/NASS%20Letters/Leader Kevin McCarthy, April 2, 2020, at https://www.nass.org/sites/default/files/NASS%20Letters/
4.2.20%20NASS%20CARES%20Funding%20Letter%20to%20House%4.2.20%20NASS%20CARES%20Funding%20Letter%20to%20House%
2 0Leadership20Leadership.pdf; and Letter from Paul Pate, .pdf; and Letter from Paul Pate,
President of the National Association of Secretaries of State, to Sen. Mitch McConnell and Sen. Chuck Schumer,President of the National Association of Secretaries of State, to Sen. Mitch McConnell and Sen. Chuck Schumer,
April April
2, 2020, at https://www.nass.org/sites/default/files/NASS%20Letters/2, 2020, at https://www.nass.org/sites/default/files/NASS%20Letters/
4.2.20%20NASS%20CARES%20Funding%20Letter%20to%20Senate%20Leadership.pdf4.2.20%20NASS%20CARES%20Funding%20Letter%20to%20Senate%20Leadership.pdf
. Proposals . Proposals
have been were offered to repeal the match requirement for CARESoffered to repeal the match requirement for CARES
Act fundsAct funds
or permit it to be waived.or permit it to be waived.
See, for example, the See, for example, the
116th Congress’s Heroes Heroes
Act (H.R. 6800), the Secure Our Elections Act (H.R. 6777), the State Elections Preparedness Act (S. 3778), and the Act (H.R. 6800), the Secure Our Elections Act (H.R. 6777), the State Elections Preparedness Act (S. 3778), and the
Natural Disaster and Emergency Ballot Act of 2020 (S. 4033)Natural Disaster and Emergency Ballot Act of 2020 (S. 4033)
in the 116th Congress.
49.
48 Sen. Mary Landrieu, Sen. Mary Landrieu,
“Equal Protection of Voting Rights Act of 2001,” debate in the Senate,“Equal Protection of Voting Rights Act of 2001,” debate in the Senate,
Congressional Record, ,
daily edition, vol. 148, part 18 (February 27, 2002), p. S1227.daily edition, vol. 148, part 18 (February 27, 2002), p. S1227.
50
49 Sen. Sam Sen. Sam
Brownback,Brownback,
“Equal Protection of Voting Rights Act of 2001,” debate in the Senate, “Equal Protection of Voting Rights Act of 2001,” debate in the Senate,
Congressional Record, ,
daily edition, vol. 148, part 14 (February 14, 2002), p. S812.daily edition, vol. 148, part 14 (February 14, 2002), p. S812.
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Is grant funding available to election officials or to other state or local
government entities?
Which jurisdictions or entities are eligible for the grant program?
State-level election officials have been the direct recipients of most of the funding Congress has made available for election administration-related grant programs to date, and they have general y had discretion over whether or how to share the funds. In most states, however, most of the day-to-day work of administering elections is done at the local level.51 Local officials are often both
50 States retain primary responsibility for most of the day-to-day work of administering elections in a few states. For more on the division of election administration responsibilities between states and localities, see CRS Report R45549,
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responsible for most elections-related spending and most familiar with the specifics of election
responsible for most elections-related spending and most familiar with the specifics of election
administration needs. administration needs.
There may be
There may be
compel ingcompelling administrative reasons to distribute elections grant funding at the state administrative reasons to distribute elections grant funding at the state
level—some localities might have difficulty meeting federal grant compliance requirements, for level—some localities might have difficulty meeting federal grant compliance requirements, for
example, and it might be easier for the federal agencies charged with administering grant example, and it might be easier for the federal agencies charged with administering grant
programs to coordinate with the states than with thousands of local jurisdictions—but some programs to coordinate with the states than with thousands of local jurisdictions—but some
Members have explored ways to involve local officials in either spending grant funds or helping Members have explored ways to involve local officials in either spending grant funds or helping
decide how they are spent.decide how they are spent.
5251 HAVA HAVA
required the HAVArequired the HAVA
states to submit detailed state plans for states to submit detailed state plans for
use of their requirements payments, for example, and directed them to include local officials on use of their requirements payments, for example, and directed them to include local officials on
the committees that developed the plans. the committees that developed the plans.
Bil s Bills have also been introduced that would require states have also been introduced that would require states
to pass some elections grant funding through to localities or to pass some elections grant funding through to localities or
al owallow local officials to apply for local officials to apply for
elections grant funds if their state officials opt not to do so or authorize them to apply.elections grant funds if their state officials opt not to do so or authorize them to apply.
5352
Some election administration-related grant programs have also been directed to non-elections-
Some election administration-related grant programs have also been directed to non-elections-
specific specific
government entities rather than to election officials. Although election officials are a entities rather than to election officials. Although election officials are a
natural choice for carrying out most election administration tasks, certain elections-related natural choice for carrying out most election administration tasks, certain elections-related
activities might be a better fit for entities with other subject matter expertise. Congress directed activities might be a better fit for entities with other subject matter expertise. Congress directed
one of HAVA’sone of HAVA’s
disability access grant programs to P&A systems, for example, because P&A disability access grant programs to P&A systems, for example, because P&A
systems were thought to be particularly systems were thought to be particularly
wel well-equipped to help improve electoral access for -equipped to help improve electoral access for
individuals individuals with disabilities.with disabilities.
5453
HAVA’s
HAVA’s
P&A system grant program highlights another potential question about recipients of P&A system grant program highlights another potential question about recipients of
election administration-related grant funds: which jurisdictions or entities should be eligibleelection administration-related grant funds: which jurisdictions or entities should be eligible
for for
funding? HAVAfunding? HAVA
defined “states” as the 50 states, DC, American Samoa, Guam, Puerto Rico, and defined “states” as the 50 states, DC, American Samoa, Guam, Puerto Rico, and
the U.S. Virgin Islands, and that definition has been used to set eligibilitythe U.S. Virgin Islands, and that definition has been used to set eligibility
for a number of for a number of
elections grant programs, including HAVA’selections grant programs, including HAVA’s
P&A system program. That has meant that the P&A system program. That has meant that the
Commonwealth of the Northern Mariana Islands (CNMI)—and, in the case of the P&A system Commonwealth of the Northern Mariana Islands (CNMI)—and, in the case of the P&A system
grant program, the P&A system serving the American Indian grant program, the P&A system serving the American Indian
Consortium—has general y not been
eligible consortium—has generally not been eligible for funding Congress has appropriated for HAVAfor funding Congress has appropriated for HAVA
grant programs for states.grant programs for states.
55
51 States retain primary responsibility for most of the day-to-day work of administering elections in a few states. For more on the division of election administration responsibilities between states and localities, see CRS Report R45549, The State and Local Role in Election Adm inistra tion: Duties and Structures, by Karen L. Shanton.
52 As authorized, HAVA’s polling place accessibility grant program is available to units of local government as well as HAVA states. However, the appropriations acts that have funded awards under the progr am have generally limited them to the HAVA states. See, for example, P.L. 108-7. 53 See, for example, the Secure Elections Act (H.R. 6663/S. 2261/S. 2593) in the 115th Congress and a House-passed FY2021 consolidated appropriations bill (H.R. 7617) in the 116th Congress.
54 Sen. T om54
Congress might choose to base eligibility for any future state elections grant programs on the current HAVA definition of “state.” However, some have explored extending eligibility for certain programs to CNMI or the P&A system serving the American Indian consortium. CNMI was not included in HAVA’s definition of “state” because it did not hold federal elections when HAVA was enacted.55 Since the territory started electing a Delegate to Congress in 2008, however, bills The State and Local Role in Election Administration: Duties and Structures, by Karen L. Shanton.
51 As authorized, HAVA’s polling place accessibility grant program is available to units of local government as well as HAVA states. However, the appropriations acts that have funded awards under the program have generally limited them to the HAVA states. See, for example, P.L. 108-7.
52 See, for example, the Secure Elections Act (H.R. 6663/S. 2261/S. 2593) in the 115th Congress and the Financial Services and General Government Appropriations Act, 2023 (H.R. 8254) in the 117th Congress.
53 Sen. Tom Harkin, “Equal Protection of Voting Rights Act of 2001,” debate in the Senate, Harkin, “Equal Protection of Voting Rights Act of 2001,” debate in the Senate,
Congressional Record, ,
daily edition, vol. 148, part 17 (February 26, 2002), p. S1144.daily edition, vol. 148, part 17 (February 26, 2002), p. S1144.
55
54 Some exceptions to this general rule are described Some exceptions to this general rule are described
below.below.
T he The U.S. Department of Health and Human Services U.S. Department of Health and Human Services
(HHS)(HHS)
also announced a single-sourcealso announced a single-source
grant awardgrant award
for CNMI for FY2010 for HAVA-related activities. HHSfor CNMI for FY2010 for HAVA-related activities. HHS
indicated indicated
that it was awardingthat it was awarding
the grant because, “With its participation in Federal elections [starting in 2008], CNMI’s eligibility the grant because, “With its participation in Federal elections [starting in 2008], CNMI’s eligibility
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Congress might choose to base eligibility for any future state elections grant programs on the current HAVA definition of “state.” However, some have explored extending eligibility for certain programs to CNMI or the P&A system serving the American Indian Consortium. CNMI was not included in HAVA’s definition of “state” because it did not hold federal elections when HAVA was enacted.56 Since the territory started electing a Delegate to Congress in 2008, however, bil s have been introduced to amend the HAVA definition to include CNMI or extend eligibility for the
for funding under HAVA is now established.” HHS, “Award of a Single-Source Grant to the Commonwealth Election Commission of Saipan, Commonwealth of the Northern Mariana Islands (CNMI),” 75 Federal Register 66380-66381, October 28, 2010.
55 Testimony of the Honorable Gregorio Kilili Camacho Sablan, in U.S. Congress, Committee on House Administration, Subcommittee on Elections, Voting Rights and Election Administration in the U.S. Virgin Islands and
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have been introduced to amend the HAVA definition to include CNMI or extend eligibility for the P&A system grant program to the P&A systems serving CNMI and the American Indian P&A system grant program to the P&A systems serving CNMI and the American Indian
Consortium.57consortium.56 Congress has also used appropriations measures to expand eligibility Congress has also used appropriations measures to expand eligibility
for elections for elections
grant programs, such as by including provisions in the Consolidated Appropriations Act, 2020grant programs, such as by including provisions in the Consolidated Appropriations Act, 2020
,
; the Consolidated Appropriations Act, 2022; and the CARES Act that made their HAVAand the CARES Act that made their HAVA
funds available to CNMI.funds available to CNMI.
5857
Availability of Funding
Is there a statutory deadline by which the agency that is charged with
Is there a statutory deadline by which the agency that is charged with
administering the grant program must distribute the grant funding?
administering the grant program must distribute the grant funding?
Are grant recipients required to obligate or spend grant funds or complete funded
Are grant recipients required to obligate or spend grant funds or complete funded
activities by a certain deadline?
activities by a certain deadline?
Are appropriations for the grant program authorized for a limited number of
Are appropriations for the grant program authorized for a limited number of
fiscal years or on an ongoing basis?
fiscal years or on an ongoing basis?
Some states require gubernatorial or state legislative approval to claim, use, or match federal
Some states require gubernatorial or state legislative approval to claim, use, or match federal
funds, and the procurement processes states and localities use to acquire resources like voting funds, and the procurement processes states and localities use to acquire resources like voting
machines can take months or years to complete. The potential for such delays at the state and machines can take months or years to complete. The potential for such delays at the state and
local levels and the emergency nature of certain elections spending have sometimes led Congress local levels and the emergency nature of certain elections spending have sometimes led Congress
to encourage prompt distribution of elections grant funds. The CARES Act, for example, directed to encourage prompt distribution of elections grant funds. The CARES Act, for example, directed
the EAC to distribute its HAVAthe EAC to distribute its HAVA
grant funds within 30 days of the act’s enactment. grant funds within 30 days of the act’s enactment.
Congress might also set deadlines by which grant recipients must obligate or spend their funds or
Congress might also set deadlines by which grant recipients must obligate or spend their funds or
complete funded activities. Such deadlines can help ensure that grant funds are spent within a complete funded activities. Such deadlines can help ensure that grant funds are spent within a
specified time period. Awards under certain HAVAspecified time period. Awards under certain HAVA
grant programs, such as the act’s general grant programs, such as the act’s general
improvements grant program and requirements payments program, were made available to improvements grant program and requirements payments program, were made available to
recipients without fiscal year limitation, and recipients were permitted to keep and use any recipients without fiscal year limitation, and recipients were permitted to keep and use any
interest the grant funds generated. That offered an incentive to save grant funding for future needs interest the grant funds generated. That offered an incentive to save grant funding for future needs
or ongoing costs rather than spending it quickly, and some states have reported or ongoing costs rather than spending it quickly, and some states have reported
stil still having grant having grant
funds or interest in their accounts funds or interest in their accounts
more than 15almost 20 years after the grant funding was appropriated. years after the grant funding was appropriated.
59
for funding under HAVA is now established.” HHS, “Award of a Single-Source Grant to the Commonwealth Election Commission of Saipan, Commonwealth of the Northern Mariana Islands (CNMI),” 75 Federal Register 66380-66381, October 28, 2010.
56 T estimony of the Honorable Gregorio Kilili Camacho Sablan, in U.S. Congress, House Committee on House Administration, Subcommittee on Elections, Voting Rights and Election Adm inistration in the U.S. Virgin Islands and
Other Territories, hearing, 116th Cong., 2nd sess., July 28, 2020, p. 2.
57 See, for example, the Protection and Advocacy for Voting Access (PAVA) Program In clusion Act (H.R. 5510) in the 116th Congress. 58 Congress specified in report language accompanying the Consolidated Appropriations Act, 2004 ( P.L. 108-199) that it intended the P&A system serving the American Indian Consortium to be eligible for HAVA’s P&A system grant program. T hat58
Deadlines may also come with trade-offs, however. Some have argued that the deadlines for certain grant programs, such as HAVA’s lever and punch card voting system replacement program, helped incentivize spending that was not well-tailored to the program’s objectives.59 NASS also expressed concern that the deadline for obligating CARES Act funding could
Other Territories, hearing, 116th Cong., 2nd sess., July 28, 2020, p. 2.
56 See, for example, the Protection and Advocacy for Voting Access (PAVA) Program Inclusion Act (H.R. 5510) in the 116th Congress.
57 Congress specified in report language accompanying the Consolidated Appropriations Act, 2004 (P.L. 108-199) that it intended the P&A system serving the American Indian consortium to be eligible for HAVA’s P&A system grant program. That P&A system does not appear, however, to have received an FY2004 P&A system grant award. P&A system does not appear, however, to have received an FY2004 P&A system grant award.
Administration for Children and Families, Administration for Children and Families,
Discretionary Program s Programs, p. D-134, at https://, p. D-134, at https://
web.archive.org/web/20200713024048/https://www.acf.hhs.gov/sites/default/www.acf.hhs.gov/sites/default/
files/olab/sec2_discre_prog_2006cj.pdf. files/olab/sec2_discre_prog_2006cj.pdf.
5958 EAC, EAC,
2020 Grant Expenditure Report, July 2021, at https://web.archive.org/web/20220320121722/https://www.eac.gov/sites/default/files/paymentgrants/expenditures/2020_State_Grant_Expenditure_Report_FINAL.pdf.
59 See, for example, Brandon Fail, “HAVA’s Unintended Consequences: A Lesson for Next Time,” The Yale Law Journal, vol. 116, no. 2 (November 2006), pp. 499-500.
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introduce complications for use of the funds, and some states cited the deadline as a barrier to spending their shares.60
One possible way to encourage timely spending without setting deadlines could be to provide for ongoing funding for certain election administration-related purposes.61Grant Expenditure Report: Fiscal Year 2018, April 4, 2019, at https://www.eac.gov/sites/default/files/eac_assets/1/6/FY2018HAVAGrantsExpenditureReport.pdf.
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Deadlines may also come with trade-offs, however. Some have argued that the deadlines for certain grant programs, such as HAVA’s lever and punch card voting system replacement program, helped incentivize spending that was not wel -tailored to the program’s objectives.60 A concern was also raised during the HAVA debate that setting short deadlines for certain grant spending could introduce problems under the Equal Protection Clause of the Fourteenth Amendment, as localities that could not meet the deadlines might have their elections disrupted
while other localities in the same state would not.61
One possible way to encourage timely spending without setting deadlines could be to provide
ongoing appropriations for certain election administration-related purposes. Some states have Some states have
reported that they waited to spend some of their HAVAreported that they waited to spend some of their HAVA
grant funds so they would have funding grant funds so they would have funding
available available to cover unexpected expenses or meet future iterations of ongoing needs.62 State and to cover unexpected expenses or meet future iterations of ongoing needs.62 State and
local officials have also referred to election security in particular as a “race without a finish line” local officials have also referred to election security in particular as a “race without a finish line”
and requested regular funding from Congress for security-related expenses.63 Providing for and requested regular funding from Congress for security-related expenses.63 Providing for
regular federal funding could help assure states that they would have the resources to handle regular federal funding could help assure states that they would have the resources to handle
ongoing or unexpected costs without caching current grant funds. ongoing or unexpected costs without caching current grant funds.
Some Members might be hesitant to provide states or localities with ongoing elections funding,
Some Members might be hesitant to provide states or localities with ongoing elections funding,
however, due to federalism-based considerations. As suggested by thehowever, due to federalism-based considerations. As suggested by the
“Role of Federal Grant
Programs” ” section of this report, some Members might view ongoing funding for state or local section of this report, some Members might view ongoing funding for state or local
elections grant programs as federal overreach or a path to such overreach. That view might also elections grant programs as federal overreach or a path to such overreach. That view might also
be shared by some state and local officials, who might be wary of such ongoing federal be shared by some state and local officials, who might be wary of such ongoing federal
involvement in election administration. involvement in election administration.
Administration of Grant Programs
Are details of grants administration, such as the contents or frequency of
Are details of grants administration, such as the contents or frequency of
spending plans or reporting, specified in
spending plans or reporting, specified in
bil bill text, specified in report language, or text, specified in report language, or
left to the discretion of the federal agency charged with administering the grant left to the discretion of the federal agency charged with administering the grant
program? program?
Which agency is charged with administering the grant program?
Which agency is charged with administering the grant program?
Is the administering agency encouraged or required to collaborate or consult with Is the administering agency encouraged or required to collaborate or consult with
other agencies or
other agencies or
electionelections stakeholders? stakeholders?
Congress might choose to leave decisions about details of grants administration, such as the
Congress might choose to leave decisions about details of grants administration, such as the
information potential grantees are required to provide about their spending plans, to the discretion information potential grantees are required to provide about their spending plans, to the discretion
of the federal agency that is charged with administering a given grant program.64 In some cases, of the federal agency that is charged with administering a given grant program.64 In some cases,
however, Congress might determine that there is particular information it needs to conduct however, Congress might determine that there is particular information it needs to conduct
60 See, for example, Brandon Fail, “HAVA’s Unintended Consequences: A Lesson for Next T ime,” The Yale Law
Journal, vol. 116, no. 2 (November 2006), pp. 499 -500.
61 U.S. Congress, House Committee on House Administration, Report Together with Additional Views, report to accompany H.R. 3295, 107th Cong., 1st sess., December 10, 2001, H.Rept. 107-329 (Washington, DC: GPO, 2001), p. 41. 62 See, for example, the spending plans some states submitted for FY2018 HAVA funds. EAC, “ HAVA Election Security Funds,” at https://www.eac.gov/payments-and-grants/hava-election-security-funds.
63 See, for example, T estimony of Minnesota Secretary of State Steve Simon, in U.S. Congress, Senate Committee on Rules and Administration, Election Security Preparations: A State and Local Perspective, hearing, 115th Cong., 2nd sess., June 20, 2018, pp. 1, 3.
64 For more on grants administration and the role of agency discretion , see CRS Report R42769, Federal Grants-in-Aid
Adm inistration: A Prim er, by Natalie Keegan.
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effective oversight of a grant program and include specific administrative conditions in bil text or report language.65 HAVA requires recipients of requirements payments to file and update detailed state plans for the payments, for example, and the CARES Act requires recipients of its HAVA funds to report on their spending within 20 days of each election they hold in the 2020 federal
election cycle.
Such additional administrative conditions may help Congress gain better insight into how grant funds are being used, how wel a given grant program is working, and whether further funding for the program is warranted. However, they might also come with trade-offs. For example, the short
turnaround time for CARES Act reporting raised concerns for some about whether election officials could comply with the act’s reporting requirement while also fulfil ing their other postelection responsibilities, such as canvassing the vote. NASS indicated that this might be a chal enge in a letter to Congress,66 for example, and some Members have effective oversight of a grant program and include specific administrative conditions in bill text or report language.65 HAVA requires recipients of requirements payments to file and update detailed
60 Letter from Paul Pate, President of the National Association of Secretaries of State, to Speaker Nancy Pelosi and Leader Kevin McCarthy; and Letter from Paul Pate, President of the National Association of Secretaries of State, to Sen. Mitch McConnell and Sen. Chuck Schumer. See also, for example, the FY2021 financial and progress reporting some states submitted for CARES Act funds. EAC, “2020 CARES Act Grants,” at https://www.eac.gov/payments-and-grants/2020-cares-act-grants.
61 For examples of legislation in the 117th Congress that would take this approach, see the Freedom to Vote Act (S. 2747), the Freedom to Vote: John R. Lewis Act (H.R. 5746), and the Sustaining Our Democracy Act (H.R. 7992/S. 4239).
62 See, for example, the spending plans some states submitted for FY2018 HAVA funds. EAC, “HAVA Election Security Funds,” at https://www.eac.gov/payments-and-grants/hava-election-security-funds.
63 See, for example, Testimony of Minnesota Secretary of State Steve Simon, in U.S. Congress, Senate Committee on Rules and Administration, Election Security Preparations: A State and Local Perspective, hearing, 115th Cong., 2nd sess., June 20, 2018, pp. 1, 3.
64 For more on grants administration and the role of agency discretion, see CRS Report R42769, Federal Grants-in-Aid Administration: A Primer, by Natalie Keegan.
65 For more on the respective roles of bill text and report language, see CRS Report R44124, Appropriations Report
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state plans for the payments, for example, and the CARES Act required recipients of its HAVA funds to report on their spending within 20 days of each election they held in the 2020 federal election cycle.
Such additional administrative conditions may help Congress gain better insight into how grant funds are being used, how well a given grant program is working, and whether further funding for the program is warranted. However, they might also come with trade-offs. For example, the short turnaround time for CARES Act reporting raised concerns for some about whether election officials could comply with the act’s reporting requirements while also fulfilling their other postelection responsibilities, such as canvassing the vote. NASS indicated that this might be a challenge in a letter to Congress,66 for example, and some Members proposed legislation to proposed legislation to
modify the requirement.67 In general, Congress might consider how to balance oversight needs modify the requirement.67 In general, Congress might consider how to balance oversight needs
against administrative demands to ensure that it can get the information it needs to evaluate grant against administrative demands to ensure that it can get the information it needs to evaluate grant
programs without overly burdening grantees or administering agencies. programs without overly burdening grantees or administering agencies.
The administering agency for most of the election administration-related grant programs
The administering agency for most of the election administration-related grant programs
Congress has authorized for states and localities to date is the EAC. With subject matter expertise Congress has authorized for states and localities to date is the EAC. With subject matter expertise
in election administration and relationships with the state election officials to whom most grant in election administration and relationships with the state election officials to whom most grant
funds have been directed, the EAC has often been a preferred choice to administer elections grant funds have been directed, the EAC has often been a preferred choice to administer elections grant
programs.programs.
However, Congress has sometimes determined that an agency with other subject matter expertise
However, Congress has sometimes determined that an agency with other subject matter expertise
or relationships with other state or local officials is a better fit for a given grant program or that or relationships with other state or local officials is a better fit for a given grant program or that
the EAC should collaborate or consult with other agencies. The U.S. Department of Health and the EAC should collaborate or consult with other agencies. The U.S. Department of Health and
Human Services was charged with administering HAVA’sHuman Services was charged with administering HAVA’s
disability disability access grant programs,68 for access grant programs,68 for
example, and the U.S. Department of Defense administered the MOVE Act’s UOCAVAexample, and the U.S. Department of Defense administered the MOVE Act’s UOCAVA
election election
technology pilot program grant program.69 The National Institute of Standards and Technology technology pilot program grant program.69 The National Institute of Standards and Technology
was directed to assist the EAC with administering HAVA’swas directed to assist the EAC with administering HAVA’s
voting technology improvements voting technology improvements
research and voting technology pilot program grant programs, and some have envisioned a research and voting technology pilot program grant programs, and some have envisioned a
similar collaboration between the EAC and the U.S. Department of Homeland Security on an similar collaboration between the EAC and the U.S. Department of Homeland Security on an
election security grant program.70
65 For more on the respective roles of bill text and report language, see CRS Report R44124, Appropriations Report
Language: Overview of Developm ent, Com ponents, and Issues for Congress, by Jessica T ollestrup. election security grant program.70
Language: Overview of Components and Development, by Kevin P. McNellis.
66 Letter from Paul Pate, President of the National Association of Secretaries of State, to Speaker Nancy 66 Letter from Paul Pate, President of the National Association of Secretaries of State, to Speaker Nancy
Pe losiPelosi and and
Leader Kevin McCarthy; and Letter from Paul Pate, President of the National Association of Secretaries of State, to Leader Kevin McCarthy; and Letter from Paul Pate, President of the National Association of Secretaries of State, to
Sen.Sen.
Mitch McConnell and Sen. Chuck Schumer. Mitch McConnell and Sen. Chuck Schumer.
67 See,
67 See,
for example, the 116th Congress’s Heroes Act (H.R. 6800), Secure Our Elections Act (H.R. 6777), and Natural for example, the 116th Congress’s Heroes Act (H.R. 6800), Secure Our Elections Act (H.R. 6777), and Natural
Disaster and Emergency Ballot Act of 2020 (S. 4033). Disaster and Emergency Ballot Act of 2020 (S. 4033).
68 The68 T he U.S. Department of Health and Human Services U.S. Department of Health and Human Services
(HHS)(HHS)
initially assignedinitially assigned
responsibility for administering its responsibility for administering its
HAVAHAVA
grant programs to the Administration for Children and Families. grant programs to the Administration for Children and Families.
T heThe programs were subsequently programs were subsequently
transferred to transferred to
HHS’sHHS’s
Administration for Community Living, following the creation of that agency in 2012. HHS, “Statement of Administration for Community Living, following the creation of that agency in 2012. HHS, “Statement of
Organization, Functions, and Delegations of Authority; Administration for Community Living,” 77Organization, Functions, and Delegations of Authority; Administration for Community Living,” 77
Federal Register 23250-23260, April 18, 2012. 23250-23260, April 18, 2012.
69
69
T heThe MOVE Act assigned MOVE Act assigned
responsibility for administering this grant program to the presidential designeeresponsibility for administering this grant program to the presidential designee
designated designated
under UOCAVA.under UOCAVA.
Executive Order 12642 identified the presidential designeeExecutive Order 12642 identified the presidential designee
as the Secretary of the U.S. as the Secretary of the U.S.
Departme ntDepartment of Defense (DOD), and the Secretary has delegatedof Defense (DOD), and the Secretary has delegated
UOCAVA UOCAVA responsibilities to DOD’s Federal Voting Assistance responsibilities to DOD’s Federal Voting Assistance
Program (FVAP). Executive Order 12642, “Designation of the Secretary of Defense as the Presidential Designee Under Program (FVAP). Executive Order 12642, “Designation of the Secretary of Defense as the Presidential Designee Under
T itleTitle I of the Uniformed and Overseas Citizens Absentee Voting Act,” 53 I of the Uniformed and Overseas Citizens Absentee Voting Act,” 53
Federal Register 21975, June 8, 1988. 21975, June 8, 1988.
70 See,70 See,
for example, the Secure Elections Act (H.R. 6663/S. 2593) in the 115th Congress. for example, the Secure Elections Act (H.R. 6663/S. 2593) in the 115th Congress.
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Concluding Observations
Congress has tended, Congress has tended,
historical yhistorically, to take a circumscribed approach to federal involvement in , to take a circumscribed approach to federal involvement in
elections funding. HAVAelections funding. HAVA
authorized a grant program to help replace lever and punch card voting authorized a grant program to help replace lever and punch card voting
systems, for example, but left the costs of maintaining or upgrading the replacement systems to systems, for example, but left the costs of maintaining or upgrading the replacement systems to
states and localities. Appropriations for election administration-related grant programs for states states and localities. Appropriations for election administration-related grant programs for states
and localities have also and localities have also
typical ytypically been authorized for a limited number of fiscal years rather than been authorized for a limited number of fiscal years rather than
on an ongoing basis. on an ongoing basis.
State and local elections grant programs have taken on a prominent role in federal election
State and local elections grant programs have taken on a prominent role in federal election
administration policy following reports of election interference efforts in the 2016 election cycle administration policy following reports of election interference efforts in the 2016 election cycle
and the onset of the COVID-19 pandemic in the 2020 cycle. Congress appropriated a total of and the onset of the COVID-19 pandemic in the 2020 cycle. Congress appropriated a total of
more than $1.2 bil ion for state elections grant programs for FY2018 and FY2020 and almost $1.3 billion under HAVA’s general improvements grant program for FY2018, FY2020, and FY2022 and has advanced advanced
other proposals to authorize or fund state or local elections grant programs through parts of the other proposals to authorize or fund state or local elections grant programs through parts of the
legislative legislative process. process.
An open question might be whether the post-2016 prominence of state and local elections grant
An open question might be whether the post-2016 prominence of state and local elections grant
programs reflects potential interest among Members in increased federal involvement in election programs reflects potential interest among Members in increased federal involvement in election
administration funding or whether the FY2018administration funding or whether the FY2018
, FY2020, and FY2022 and FY2020 appropriations were more isolated appropriations were more isolated
responses to immediate responses to immediate
chal engeschallenges. Does Congress foresee authorizing or funding further . Does Congress foresee authorizing or funding further
elections grant programs for states or localities, or would it prefer to leave grant programs and elections grant programs for states or localities, or would it prefer to leave grant programs and
funding levels as they are? If Members are interested in further grant programs, would funding funding levels as they are? If Members are interested in further grant programs, would funding
for the programs be provided on a time-limited or ongoing basis? Would such grant programs or for the programs be provided on a time-limited or ongoing basis? Would such grant programs or
funding be intended to help states and localities respond to specific funding be intended to help states and localities respond to specific
chal engeschallenges like the ones like the ones
presented by election interference and the COVID-19 pandemic or to advance broader elections presented by election interference and the COVID-19 pandemic or to advance broader elections
objectives, such as ensuring that objectives, such as ensuring that
al eligible all eligible voters have access to the voters have access to the
bal otballot or protecting the or protecting the
integrity of the electoral process? integrity of the electoral process?
Previous legislative
Previous legislative
proposals suggest some of the options available to Congress for structuring proposals suggest some of the options available to Congress for structuring
elections grant programs for states and localities and some of the considerations that have elections grant programs for states and localities and some of the considerations that have
informed choices among those options in the past. Information about such options and informed choices among those options in the past. Information about such options and
considerations might be helpful both to Members who are considering proposing new state or considerations might be helpful both to Members who are considering proposing new state or
local elections grant programs or funding and to Members who are weighing whether to support, local elections grant programs or funding and to Members who are weighing whether to support,
oppose, or amend such proposals.oppose, or amend such proposals.
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Appendix A. Legislation in the 116th117th Congress
This table includes This table includes
bil sbills that would authorize, fund, or modify the parameters of election administration-related grant programs for states or that would authorize, fund, or modify the parameters of election administration-related grant programs for states or
localities. It covers grant programs for state or local election officials as localities. It covers grant programs for state or local election officials as
wel well as programs for non-elections-specific government entities, such as as programs for non-elections-specific government entities, such as
public institutions of higher education. The latest major action listed for each public institutions of higher education. The latest major action listed for each
bil bill is current as of is current as of
December 8, 2020July 7, 2022. .
The table does not cover provisions that would condition eligibility
The table does not cover provisions that would condition eligibility
for federal funding on adopting or rejecting particular elections policies; for federal funding on adopting or rejecting particular elections policies;
provisions that would establish an election security grants advisory committee; provisions that would modify the parameters of an elections provisions that would establish an election security grants advisory committee; provisions that would modify the parameters of an elections
grant program indirectly by changing the conditions on a more general category of grant programs; or provisions that would authorize funding grant program indirectly by changing the conditions on a more general category of grant programs; or provisions that would authorize funding
for in-kind elections goods or services, bug bounty programs, redistricting commissions, public financing of political campaigns, or general for in-kind elections goods or services, bug bounty programs, redistricting commissions, public financing of political campaigns, or general
security for state or local government systems.71 It also does not include proposed amendments that were not adopted, and the provided security for state or local government systems.71 It also does not include proposed amendments that were not adopted, and the provided
summaries do not cover non-grant-related provisions of the summaries do not cover non-grant-related provisions of the
bil sbills. .
Table A-1. Proposals to Authorize, Fund, or Modify Election Administration-Related Grant Programs for States or Localities,
116th117th Congress
Bill Number
Short Title
Latest Major Action
Summary of Grant-Related Provisions
P.L.
P.L.
116-93117-103
Consolidated Appropriations
Consolidated Appropriations
Enacted
Enacted
Appropriated $
Appropriated $
42575 mil ion mil ion
for making general improvementsfor making general improvements
to the administrationto the administration
of of
Act,
Act,
20202022
federal elections,
federal elections,
including for enhancing election technology and improvingincluding for enhancing election technology and improving
election election
securitysecurity
.
P.L. 116-94
Further Consolidated
Enacted
Included; and included funding for carrying out the provisions funding for carrying out the provisions
of HAVA related to disability access of HAVA related to disability access
Appropriations Act, 2020
grant programs in general budget authority for the Administrationgrant programs in general budget authority for the Administration
for Community for Community
Living’sLiving’s
Aging and DisabilityAging and Disability
Services Services programs.
71 A bug programs.
P.L. 116-136
Coronavirus Aid, Relief, and
Enacted
Appropriated $400 mil ion for preventing, preparing for, and responding to
Economic Security (CARES) Act
coronavirus, domestical y or international y, for the 2020 federal election cycle.
71 A bug bounty program is a program that provides compensation for identifying and reporting security vulnerabilities in a bounty program is a program that provides compensation for identifying and reporting security vulnerabilities in a
syst emsystem. See,. See,
for example, the for example, the
Election SecurityFor the People Act Act
of 2019of 2021 (H.R. (H.R.
2660/S. 1540) and the Nonpartisan Bill for the People Act of 2019 (H.R. 16121/S. 1/S. 2093). ).
CRS-25
CRS-25
Bill Number
Short Title
Latest Major Action
Summary of Grant-Related Provisions
H.R. 1
H.R. 1
For the People Act of
For the People Act of
20192021
Passed
Passed
by the House the House
Would authorize use of Help America
Would authorize use of Help America
Vote Act of 2002 (HAVA) requirements Vote Act of 2002 (HAVA) requirements
payments for payments for
meetingcomplying with voter registration voter registration
requirements requirements and making and making
improvements to improvements to voting system security; voting system security;
would would
expand and reauthorize HAVA’s reauthorize and expand the permissible uses of funding under HAVA’s pol ing place accessibilitypol ing place accessibility
grant program; grant program;
would repealwould repeal
the prohibition on use of HAVA protection and advocacy (P&A) system the prohibition on use of HAVA protection and advocacy (P&A) system
grant funds for initiating or otherwisegrant funds for initiating or otherwise
participating in litigation about election-related participating in litigation about election-related
disability access; disability access;
would amend the HAVAwould amend the HAVA
definition of “state” to include the Commonwealthdefinition of “state” to include the Commonwealth
of the of the
Northern Mariana Islands (CNMI) and specify a minimumNorthern Mariana Islands (CNMI) and specify a minimum
amount for HAVA amount for HAVA
requirementsrequirements
payments to CNMI; would extend eligibility for HAVA’s P&A system grant program to the P&A system serving the American Indian consortium and specify a minimum payment amount; would payments to CNMI; would include the protection of electioninclude the protection of election
infrastructure as a topic to be addressed in infrastructure as a topic to be addressed in
state plans for HAVA requirementsstate plans for HAVA requirements
payments and require the committeespayments and require the committees
responsible responsible
for developing state plans to be for developing state plans to be
geographical ygeographically representative; and representative; and
would authorize grant programs for would authorize grant programs for
meeting requirements related to automatic voter registration and registration complying with automatic voter registration and registration portability and correctionportability and correction
; requirements; encouraging minorsencouraging minors
to to
participate in electionparticipate in election
activities; providing 12th graders with information about activities; providing 12th graders with information about
registering registering to vote; conducting pilotto vote; conducting pilot
programs to enable individuals with disabilitiesprograms to enable individuals with disabilities
to register to register to vote and request and receiveto vote and request and receive
absentee absentee
bal otsballots at home; conducting research at home; conducting research
into accessibleinto accessible
paper bal ot and secure remote voting systems and voting, verification, voting, verification,
and casting mechanismsand casting mechanisms
and best practices for increasing to increase the accessibility the accessibility
of paper bal ots of voting and verification; establishing absentee ballot tracking programs; recruiting and training pol ; recruiting and training pol
workers;workers;
rewarding recognizing institutions of higher education that exceed requirements institutions of higher education that exceed requirements
for helping students register to vote; conducting public education campaigns about election changes in response to emergencies, ensuring the accessibility of election websites to individuals with disabilities, and complying with best practices for ensuring the continuity of elections websites during emergenciesfor registering students to vote; establishing absentee bal ot tracking programs; replacing ; replacing
voting systemsvoting systems
that do not meet specified requirementsthat do not meet specified requirements
or are not in compliance with or are not in compliance with
specified federal voting systemspecified federal voting system
guidelines,guidelines,
making improvementsmaking improvements
to voting system to voting system
security, and implementingsecurity, and implementing
and modelingand modeling
best practices for best practices for
bal ot ballot design, instructions, design, instructions,
and testing; conducting risk-limitingand testing; conducting risk-limiting
audits; and conducting research into improving audits; and conducting research into improving
election infrastructure security, quality, reliability,election infrastructure security, quality, reliability,
accuracy, accessibility,accuracy, accessibility,
and and
affordability and increasing voter participation.
H.R. 126
Students Voicing Opinions in
Referred to Committee
Would authorize a grant program for providing 12th graders with information about
Today’s Elections (VOTE) Act
registering to vote.
H.R. 378
Safeguarding Election
Referred to Committee
Would authorize grant programs for conducting postelection audits; and meeting paper
Infrastructure Act of 2019
bal ot and manual counting requirements and making other improvements to voting system security.
affordability and increasing voter participation.
CRS-26 CRS-26
Bill Number
Short Title
Latest Major Action
Summary of Grant-Related Provisions
H.R.
H.R.
1275
Voter Empowerment Act of 2019 Referred to Committee
Would authorize use of HAVA requirements payments for meeting voter registration requirements and require use of HAVA requirements payments to reimburse the United States Postal Service (USPS) for carrying absentee bal ots free of postage; would expand and reauthorize HAVA’s pol ing place accessibility grant program; would repeal the prohibition on use of HAVA P&A system grant funds for initiating or otherwise participating in litigation about election-related disability access; would amend the HAVA definition of “state” to include CNMI and specify a minimum amount for HAVA requirements payments to CNMI; and would authorize grant programs for meeting requirements related to automatic voter registration and registration portability and correction; conducting pilot programs to enable individuals with disabilities to register and vote from home; conducting research into accessible paper bal ot voting, verification, and casting mechanisms and best practices for increasing the accessibility of paper bal ots; recruiting and training pol workers; conducting risk-limiting audits; and establishing absentee bal ot tracking programs.
H.R. 1442
Pre-Registration of Voters
Referred to Committee
Would authorize a grant program for encouraging minors to participate in election
Everywhere (PROVE) Act
activities.
H.R. 1512
FAST Voting Act of 2019
Referred to Committee
Would authorize grant programs for investing in practices and technology to expedite voting at the pol s and simplify voter registration; making improvements to voting system security; and implementing automatic voter registration.
H.R. 1573
Disability Voting Rights Act
Referred to Committee
Would expand and reauthorize HAVA’s pol ing place accessibility grant program.
H.R. 1612
Nonpartisan Bil For the People
Referred to Committee
Would expand and reauthorize HAVA's pol ing place accessibility grant program; and
Act of 2019
would authorize grant programs for meeting requirements related to automatic voter registration and registration portability and correction; conducting pilot programs to enable individuals with disabilities to register and vote from home; conducting risk-limiting audits; and conducting research into improving election infrastructure security, quality, reliability, accuracy, accessibility, and affordability.
H.R. 1631
Postage Free Bal ot Act
Referred to Committee
Would require use of HAVA requirements payments to reimburse USPS for carrying absentee bal ots free of postage.
H.R. 1637
High School Voter
Referred to Committee
Would authorize a grant program for conducting high school voter registration drives.
Empowerment Act of 2019
H.R. 1694
Native American Voting Rights
Referred to Committee
Would authorize a grant program for establishing and operating Native American
Act of 2019
voting task forces.
CRS-27
Bill Number
Short Title
Latest Major Action
Summary of Grant-Related Provisions
H.R. 1946
Securing America’s Elections Act
Referred to Committee
Would authorize appropriations for HAVA requirements payments for meeting bal ot
of 2019
verification and audit capacity requirements.
H.R. 2660
Election Security Act of 2019
Referred to Committee
Would repeal the prohibition on use of HAVA P&A system grant funds for initiating or otherwise participating in litigation about election-related disability access; would authorize use of HAVA requirements payments for making improvements to voting system security; would include the protection of election infrastructure as a topic to be addressed in state plans for HAVA requirements payments and require the committees responsible for developing state plans to be geographical y representative; would amend the HAVA definition of “state” to include CNMI; and would authorize grant programs for conducting research into accessible paper bal ot voting, verification, and casting mechanisms and best practices for increasing the accessibility of paper bal ots; replacing voting systems that do not meet specified requirements or are not in compliance with specified federal voting system guidelines, making improvements to voting system security, and implementing and modeling best practices for bal ot design, instructions, and testing; conducting risk-limiting audits; and conducting research into improving election infrastructure security, quality, reliability, accuracy, accessibility, and affordability and increasing voter participation.
H.R. 2722
Securing America’s Federal
Passed by the House
Would repeal the prohibition on use of HAVA P&A system grant funds for initiating or
Elections (SAFE) Act
otherwise participating in litigation about election-related disability access; would authorize use of HAVA requirements payments for making improvements to voting system security; would include the protection of election infrastructure as a topic to be addressed in state plans for HAVA requirements payments and require the committees responsible for developing state plans to be geographical y representative; would amend the HAVA definition of “state” to include CNMI; and would authorize grant programs for conducting research into accessible paper bal ot voting, verification, and casting mechanisms and best practices for increasing the accessibility of paper bal ots; replacing voting systems that do not meet specified requirements or are not in compliance with specified federal voting system guidelines, making improvements to voting system security, and implementing and modeling best practices for bal ot design, instructions, and testing; and conducting risk-limiting audits.
CRS-28
Bill Number
Short Title
Latest Major Action
Summary of Grant-Related Provisions
H.R. 2740
Labor, Health and Human
Passed by the House
Would provide funding for carrying out the provisions of HAVA related to disability
Services, Education, Defense,
access grant programs.
State, Foreign Operations, and Energy and Water Development Appropriations Act, 2020
H.R. 2754
Protecting American Votes and
Referred to Committee
Would repeal the prohibition on use of HAVA P&A system 4
John R. Lewis Voting Rights
Passed the House
Would authorize a grant program for small jurisdictions for complying with a
Advancement Act of 2021
requirement to submit or publish notice of changes to voting qualifications, prerequisites, standards, practices, or procedures.
H.R. 102
Restoring Faith in Elections Act
Introduced
Would authorize a grant program for complying with automatic voter registration and registration portability and correction requirements.
H.R. 126
Students Voicing Opinions in
Introduced
Would authorize a grant program for providing 12th graders with information about
Today’s Elections (VOTE) Act
registering to vote.
H.R. 635
Pre-Registration Of Voters
Introduced
Would authorize a grant program for encouraging minors to participate in election
Everywhere (PROVE) Act
activities.
H.R. 775
Disability Voting Rights Act
Introduced
Would reauthorize and expand the permissible uses of funding under HAVA’s pol ing place accessibility grant program.
H.R. 1307
Vote by Mail Tracking Act
Introduced
Would authorize funding for complying with a requirement to use the United States Postal Service (USPS) barcode service for ballots.
H.R. 1343
Voting Access Act
Introduced
Would authorize use of HAVA requirements payments for complying with requirements related to pol ing place operations.
H.R. 1662
Updating Postal Data on
Introduced
Would authorize a grant program for conducting list maintenance activities required by
Addresses for Trustworthy
HAVA and the National Voter Registration Act of 1993 (NVRA).
Elections (UPDATE) Act
H.R. 2232
Help Students Vote Act
Introduced
Would authorize a grant program for recognizing institutions of higher education that exceed requirements for helping students register to vote; and would designate a percentage of federal work study funding for compensating students employed in activities including voter registration, nonpartisan voter engagement, and voter participation work.
CRS-27
Bill Number
Short Title
Latest Major Action
Summary of Grant-Related Provisions
H.R. 2358
Voter Empowerment Act of 2021 Introduced
Would authorize use of HAVA requirements payments for complying with voter registration requirements; would reauthorize and expand the permissible uses of funding under HAVA’s pol ing place accessibility grant program; would repeal the prohibition on use of HAVA protection and advocacy (P&A) system grant funds for initiating or otherwise participating in litigation about election-related disability access; would amend the HAVA definition of “state” to include the Commonwealth of the Northern Mariana Islands (CNMI) and specify a minimum amount for HAVA requirements payments to CNMI; would extend eligibility for HAVA’s P&A system grant program to the P&A system serving the American Indian consortium and specify a minimum payment amount; and would authorize grant programs for complying with automatic voter registration and registration portability and correction requirements; encouraging minors to participate in election activities; providing 12th graders with information about registering to vote; conducting pilot programs to enable individuals with disabilities to register to vote and request and receive absentee ballots at home; conducting research into accessible and secure remote voting systems and voting, verification, and casting mechanisms to increase the accessibility of voting and verification; establishing absentee ballot tracking programs; recruiting and training pol workers; recognizing institutions of higher education that exceed requirements for helping students register to vote; and conducting public education campaigns about election changes in response to emergencies, ensuring the accessibility of election websites to individuals with disabilities, and complying with best practices for ensuring the continuity of elections websites during emergencies.
H.R. 2844
Election Protection Act of 2021
Introduced
Would authorize a grant program for conducting election administration activities, for states that certify compliance with specified requirements for voter registration list maintenance; voter identification; mail ballot delivery, col ection, and acceptance; ballot tabulation, processing, and observation; and voting system audits.
CRS-28
Bill Number
Short Title
Latest Major Action
Summary of Grant-Related Provisions
H.R. 2941
Accessible Voting Act of 2021
Introduced
Would reauthorize and expand the permissible uses of funding under HAVA’s pol ing place accessibility grant program; would repeal the prohibition on use of HAVA protection and advocacy (P&A) system grant funds for initiating or otherwise grant funds for initiating or
Elections Act of 2019
otherwise participating in litigation about election-relatedparticipating in litigation about election-related
disability access; disability access;
would would
specify a minimum amountextend eligibility for HAVA for HAVA
’s P&A system P&A system
grant grant
awardsprogram to the P&A systems serving CNMI and the American Indian consortium and specify a minimum payment amount for the P&A system serving the American Indian consortium; and would authorize grant programs for complying with requirements related to accessibility of the electoral process and election information to individuals with disabilities; and conducting research into accessible and secure remote voting systems and voting, verification, and casting mechanisms to increase the accessibility of voting and verification.
H.R. 3077
Postal Service Improvement Act
Ordered to be reported
Would authorize funding for complying with a requirement to use the USPS barcode
by the House
service for ballots.
Committee on Oversight and Reform
H.R. 3372
One Stop Shop Community
Ordered to be reported
Would authorize a grant program for operating hotlines that provide information about
Reentry Program Act of 2021
by the House
voter registration, voting rights restoration, and other reentry services for individuals
Committee on the
returning to the community after conviction or incarceration.
Judiciary
H.R. 3772
Housing Is a Human Right Act of
Introduced
Would authorize a grant program for facilitating voting by individuals who are homeless
2021
or housing-unstable.
H.R. 3863
Fair Representation Act
Introduced
Would authorize a grant program for implementing ranked choice voting and otherwise conducting federal elections.
H.R. 3867
Every Vote Counts Act
Introduced
Would authorize a grant program for complying with a requirement to establish an absentee ballot tracking program.
H.R. 4345
Financial Services and General
Reported by the House
Would appropriate $500 mil ion for making general improvements to the
Government Appropriations Act,
Committee on
administration of federal elections, including for enhancing election technology and
2022
Appropriations
improving election security.
H.R. 4350
National Defense Authorization
Cloture not invoked on
Would authorize a grant program for implementing voting technologies for individuals
Act for Fiscal Year 2022
an amendment in the
covered by the Uniformed and Overseas Citizens Absentee Voting Act of 1986
nature of a substitute
(UOCAVA).
CRS-29
Bill Number
Short Title
Latest Major Action
Summary of Grant-Related Provisions
H.R. 4384
Securing America’s Elections Act
Introduced
Would authorize funding for HAVA requirements to the American Indian Consortium P&A system; would amend the HAVA definition of “state” to include CNMI; and would authorize grant programs for replacing paperless voting systems; acquiring accessible bal ot marking devices; designing and printing bal ots; and conducting risk-limiting audits.
H.R. 2807
Help Students Vote Act
Referred to Committee
Would authorize a grant program for rewarding institutions of higher education that exceed requirements for registering students to vote.
H.R. 3351
Financial Services and General
Passed by the House
Would provide funding for replacing voting systems that use direct-recording electronic
Government Appropriations Act,
(DRE) voting machines and other elections-related purposes.
2020
H.R. 3412
Election Security Assistance Act
Referred to Committee
Would authorize appropriations for making general improvements to the administration of federal elections, including for enhancing election technology and improving election security.
H.R. 4000
Fair Representation Act
Referred to Committee
Would authorize a grant program for implementing ranked choice voting and otherwise conducting federal elections.
H.R. 4464
Ranked Choice Voting Act
Referred to Committee
Would authorize a grant program for implementing ranked choice voting and otherwise conducting federal elections.
H.R. 4990
Election Technology Research
Passed by the House
Would authorize grant programs for establishing a Center of Excel ence in Election
Act of 2019
Systems; conducting research to improve the understanding of threats to voting systems and inform the development of technologies, processes, and policies that contribute to election security, fairness, and accessibility; and establishing at least one multidisciplinary center for elections systems research and education.
H.R. 5510
Protection and Advocacy for
Referred to Committee
Would extend eligibility for HAVA's P&A system grant program to the P&A systems
Voting Access (PAVA) Program
serving CNMI and the American Indian Consortium and specify a minimum amount for
Inclusion Act
HAVA P&A system grant awards to the American Indian Consortium P&A system.
CRS-29
Bill Number
Short Title
Latest Major Action
Summary of Grant-Related Provisions
H.R. 6010
Voter Choice Act
Referred to Committee
Would authorize a grant program for implementing ranked choice voting.
H.R. 6183
Voting Access Act
Referred to Committee
Would authorize appropriations for HAVA requirements payments for complying with standards related to the location and operation of pol ing places.
H.R. 6202
Resilient Elections During
Referred to Committee
Would authorize a grant program for meeting requirements and conducting activities
Quarantines and Natural
related to election contingency planning and absentee voting.
Disasters Act of 2020
H.R. 6308
Housing is a Human Right Act of
Referred to Committee
Would authorize a grant program for facilitating voting by individuals who are homeless
2020
or housing-unstable.
H.R. 6379
Take Responsibility for Workers
Referred to Committee
Would provide funding for improving elections contingency planning, preparation, and
and Families Act
resilience; and would authorize grant programs for meeting requirements related to election contingency planning, early voting, absentee voting, voter registration, and electoral access for voters residing in Indian lands; voluntarily complying with the requirements in 2020 federal primary elections; complying with special election rules in the case of an emergency period; and conducting risk-limiting audits.
H.R. 6512
Voter Notification of Timely
Referred to Committee
Would authorize a grant program for meeting requirements related to public education
Information about Changes in
campaigns and election office websites.
Elections (Notice) Act
H.R. 6673
Federal Election Failsafe Act
Referred to Committee
Would authorize a grant program for establishing and implementing election contingency plans.
H.R. 6777
Secure Our Elections Act
Referred to Committee
Would repeal the match requirement for Coronavirus Aid, Relief, and Economic Security (CARES) Act HAVA funds.
CRS-30
Bill Number
Short Title
Latest Major Action
Summary of Grant-Related Provisions
H.R. 6800
The Heroes Act
Passed by the House
Would provide funding for improving elections contingency planning, preparation, and resilience; would repeal or modify the match requirement, reporting requirement, and spending deadline for CARES Act HAVA funds; would authorize access to CARES and Heroes Act HAVA funds without state legislative action and real ocation of CARES and Heroes Act funds to replace FY2018 and FY2020 HAVA funds that were applied to COVID-19-related costs; and would authorize grant programs for meeting requirements related to election contingency planning, early voting, absentee voting, voter identification, voter registration, and electoral access for voters residing in Indian lands; voluntarily complying with the requirements in 2020 federal primary elections; complying with special election rules in the case of an emergency period; and conducting risk-limiting audits.
H.R. 6807
VoteSafe Act of 2020
Referred to Committee
Would authorize grant programs for meeting requirements related to absentee voting, early voting, and pol ing place safety; and promoting safe, accessible, and efficient in-person voting.
H.R. 6847
Vote From Home Act of 2020
Referred to Committee
Would authorize a grant program for meeting absentee voting requirements.
H.R. 7068
VoteSafe Act of 2020
Referred to Committee
Would authorize grant programs for meeting requirements related to absentee voting, early voting, and pol ing place safety; and promoting safe, accessible, and efficient in-person voting.
H.R. 7118
Vote From Home America Act of Referred to Committee
Would authorize a grant program for meeting absentee voting requirements.
2020
H.R. 7427
American Coronavirus/COVID-
Referred to Committee
Would authorize grant programs for meeting requirements related to election
19 Election Safety and Security
contingency planning, early voting, absentee voting, voter identification, voter
(ACCESS) Act
registration, and electoral access for voters residing in Indian lands; voluntarily complying with the requirements in 2020 federal primary elections; complying with special election rules in the case of an emergency period; and conducting risk-limiting audits.
H.R. 7614
Departments of Labor, Health
Reported by Committee
Would provide funding for carrying out the provisions of HAVA related to disability
and Human Services, and
access grant programs.
Education, and Related Agencies Appropriations Act, 2021
CRS-31
Bill Number
Short Title
Latest Major Action
Summary of Grant-Related Provisions
H.R. 7617
Defense, Commerce, Justice,
Passed by the House
Would provide funding for replacing voting systems that use DRE voting machines and
Science, Energy and Water
other elections-related purposes; and carrying out the provisions of HAVA related to
Development, Financial Services
disability access grant programs.
and General Government, Labor, Health and Human Services, Education, Transportation, Housing, and Urban Development Appropriations Act, 2021
H.R. 7668
Financial Services and General
Reported by Committee
Would provide funding for replacing voting systems that use DRE voting machines and
Government Appropriations Act,
other elections-related purposes.
2021
H.R. 7755
Accessible Voting Act of 2020
Referred to Committee
Would expand and reauthorize HAVA's pol ing place accessibility grant program; would repeal the prohibition on use of HAVA P&A system grant funds for initiating or otherwise participating in litigation about election-related disability access; would extend eligibility for HAVA's P&A system grant program to the P&A system serving the American Indian Consortium and specify a minimum amount for HAVA P&A grant awards to the American Indian Consortium P&A system; would amend the HAVA definition of “state” to include CNMI; and would authorize a grant program for meeting requirements related to the accessibility of election information and processes and the transparency of changes to election prerequisites, standards, practices, and procedures.
H.R. 7905
Emergency Assistance for Safe
Referred to Committee
Would authorize grant programs for providing student loan repayments for volunteer
Elections (EASE) Act
student pol workers and absentee bal ot tabulators; maintaining and ensuring the accuracy of voter registration lists; and protecting pol ing places and individuals present in pol ing places from exposure to COVID-19.
H.R. 8011
Cyber Navigators for Elections
Referred to Committee
Would authorize a grant program for obtaining the services of election cyber
Act
navigators to provide assistance with risk management, resiliency, and technical support.
H.R. 8081
American Right to Vote Act
Referred to Committee
Would amend the HAVA definition of “state” to include CNMI and specify a minimum amount for HAVA requirements payments to CNMI.
H.R. 8104
Vote By Mail Stamp Act
Referred to Committee
Would authorize a grant program for supporting voting by mail.
CRS-32
Bill Number
Short Title
Latest Major Action
Summary of Grant-Related Provisions
H.R. 8406
The Heroes Act
Passed by the House as
Would provide funding for improving elections contingency planning, preparation, and
an amendment to the
resilience;
Senate amendment to
would repeal or modify the match requirement, reporting requirement, and spending
H.R. 925
deadline for CARES Act HAVA funds; would authorize real ocation of CARES and Heroes Act HAVA funds to replace FY2018 and FY2020 HAVA funds that were applied to COVID-19-related costs; and would authorize grant programs for meeting requirements related to election contingency planning, early voting, absentee voting, voter identification, voter registration, and electoral access for voters residing in Indian lands; voluntarily complying with the requirements in 2020 federal primary elections; and conducting risk-limiting audits.
S. 549
Voter Empowerment Act of 2019 Referred to Committee
Would authorize use of HAVA requirements payments for meeting voter registration requirements and require use of HAVA requirements payments to reimburse USPS for carrying absentee bal ots free of postage; would expand and reauthorize HAVA’s pol ing place accessibility grant program; would repeal the prohibition on use of HAVA P&A system grant funds for initiating or otherwise participating in litigation about election-related disability access; would amend the HAVA definition of “state” to include CNMI and specify a minimum amount for HAVA requirements payments to CNMI; and would authorize grant programs for meeting requirements related to automatic voter registration and registration portability and correction; conducting pilot programs to enable individuals with disabilities to register and vote from home; conducting research into accessible paper bal ot voting, verification, and casting mechanisms and best practices for increasing the accessibility of paper bal ots; recruiting and training pol workers; conducting risk-limiting audits; and establishing absentee bal ot tracking programs.
S. 550
Register America to Vote Act
Referred to Committee
Would authorize a grant program for implementing automatic voter registration and improving election security systems related to voter registration.
S. 621
Pre-Registration Of Voters
Referred to Committee
Would authorize a grant program for encouraging minors to participate in election
Everywhere (PROVE) Act
activities.
S. 625
Students Voicing Opinions in
Referred to Committee
Would authorize a grant program for providing 12th graders with information about
Today’s Elections (VOTE) Act
registering to vote.
CRS-33
Bill Number
Short Title
Latest Major Action
Summary of Grant-Related Provisions
S. 739
Native American Voting Rights
Referred to Committee
Would authorize a grant program for establishing and operating Native American
Act of 2019
voting task forces.
S. 949
For the People Act of 2019
Referred to Committee
Would authorize use of HAVA requirements payments for meetingpayments for complying with ballot
of 2021
verification and audit capacity requirements.
H.R. 4502
Labor, Health and Human
Passed the House
Would appropriate $500 mil ion for making general improvements to the
Services, Education, Agriculture,
administration of federal elections, including for enhancing election technology and
Rural Development, Energy and
improving election security; and
Water Development, Financial
would include funding for carrying out the provisions of HAVA related to disability
Services and General
access grant programs in general budget authority for the Administration for
Government, Interior,
Community Living’s Aging and Disability Services programs.
Environment, Military Construction, Veterans Affairs, Transportation, and Housing and Urban Development Appropriations Act, 2022
H.R. 5008
Frank Harrison, Elizabeth
Introduced
Would authorize a grant program for establishing Native American voting task forces.
Peratrovich, and Miguel Trujil o Native American Voting Rights Act of 2021
H.R. 5314
Protecting Our Democracy Act
Passed the House
Would authorize a grant program for implementing ranked choice voting.
H.R. 5500
Voter Choice Act
Introduced
Would authorize a grant program for implementing ranked choice voting.
CRS-30
Bill Number
Short Title
Latest Major Action
Summary of Grant-Related Provisions
H.R. 5746
Freedom to Vote: John R. Lewis
House agreed to the
Would authorize use of Help America Vote Act of 2002 (HAVA) requirements
Act
text as an amendment to payments for complying with voter registration requirements; a Senate amendment to
would reauthorize and expand the permissible uses of funding under HAVA’s pol ing
an unrelated bil ; in the
place accessibility grant program;
Senate, cloture was not invoked on the question
would repeal the prohibition on use of HAVA protection and advocacy (P&A) system
of agreeing to the House grant funds for initiating or otherwise participating in litigation about election-related amendment
disability access; would amend the HAVA definition of “state” to include the Commonwealth of the Northern Mariana Islands (CNMI) and specify a minimum amount for HAVA requirements payments to CNMI; would extend eligibility for HAVA’s P&A system grant program to the P&A system serving the American Indian consortium and specify a minimum payment amount; would authorize grant programs for complying with automatic voter registration and registration portability and correction requirements; conducting pilot programs to enable individuals with disabilities to register to vote and request and receive absentee ballots at home; conducting research into accessible and secure remote voting systems and voting, verification, and casting mechanisms to increase the accessibility of voting and verification; establishing absentee ballot tracking programs; recruiting and training pol workers; replacing voting systems that do not meet specified requirements or are not in compliance with specified federal voting system guidelines, making improvements to voting system security, implementing and modeling best practices for ballot design, instructions, and testing, and acquiring accessible voting systems that meet specified requirements; reimbursing costs of providing free voter identification; and establishing Native American voting task forces; and would establish a program and trust fund to provide for ongoing funding for elections-related activities, including activities to improve the efficiency and functioning of election administration, secure election infrastructure, and increase access to voting by members of specified groups.
H.R. 6293
High School Voter
Introduced
Would authorize a grant program for complying with a requirement to conduct high
Empowerment Act of 2021
school voter registration drives.
H.R. 7326
Protection and Advocacy for
Introduced
Would extend eligibility for HAVA’s P&A system grant program to the P&A systems
Voting Access Program (PAVA)
serving CNMI and the American Indian consortium and specify a minimum amount for
Inclusion Act
HAVA P&A system grant awards to the American Indian consortium P&A system.
H.R. 7536
Civic Duty to Vote Act
Introduced
Would authorize a grant program for complying with a requirement to implement compulsory voting.
CRS-31
Bill Number
Short Title
Latest Major Action
Summary of Grant-Related Provisions
H.R. 7992
Sustaining Our Democracy Act
Introduced
Would establish a program and trust fund to provide for ongoing funding for elections-related activities to promote efficient election administration; secure election infrastructure; recruit, train, retain, and protect election workers; and increase access to voting for underserved communities, individuals with disabilities, racial and language minority groups, UOCAVA voters, and voters residing in Indian lands.
H.R. 8015
Enhanced Pay for Election
Introduced
Would authorize a grant program for providing enhanced pay for election workers.
Workers Act
H.R. 8254
Financial Services and General
Reported by the House
Would appropriate $400 mil ion for making general improvements to the
Government Appropriations Act,
Committee on
administration of federal elections, including for enhancing election technology and
2023
Appropriations
improving election security.
H.R. 8295
Departments of Labor, Health
Reported by the House
Would include funding for carrying out the provisions of HAVA related to disability
and Human Services, and
Committee on
access grant programs in general budget authority for the Administration for
Education, and Related Agencies
Appropriations
Community Living’s Aging and Disability Services programs.
Appropriations Act, 2023
CRS-32
Bill Number
Short Title
Latest Major Action
Summary of Grant-Related Provisions
S. 1
For the People Act of 2021
Senate Committee on
Would authorize use of Help America Vote Act of 2002 (HAVA) requirements
Rules and Administration payments for complying with voter registration requirements and making discharged from further
improvements to voting system security;
consideration of the bil
would reauthorize and expand the permissible uses of funding under HAVA’s voter registration requirements and making improvements to voting system security; would expand and reauthorize HAVA’s pol ing place accessibilitypol ing place accessibility
grant program; grant program;
would repealwould repeal
the prohibition on use of HAVA the prohibition on use of HAVA
protection and advocacy (P&A)P&A system system
grant funds for initiating or grant funds for initiating or
otherwise otherwise participating in litigation about election-relatedparticipating in litigation about election-related
disability access; disability access;
would amend the HAVAwould amend the HAVA
definition of “state” to include definition of “state” to include
CNMIthe Commonwealth of the Northern Mariana Islands (CNMI) and specify a minimum and specify a minimum
amount for HAVAamount for HAVA
requirements requirements payments to CNMI; would extend eligibility for HAVA’s P&A system grant program to the P&A system serving the American Indian consortium and specify a minimum payment amount; would payments to CNMI; would include the protection of electioninclude the protection of election
infrastructure as a topic to be addressed in infrastructure as a topic to be addressed in
state plans for HAVA requirementsstate plans for HAVA requirements
payments and require the committeespayments and require the committees
responsible responsible
for developing state plans to be for developing state plans to be
geographical ygeographically representative; and representative; and
would authorize grant programs for would authorize grant programs for
meeting requirements related to automatic voter registration and registration complying with automatic voter registration and registration portability and correctionportability and correction
; requirements; encouraging minorsencouraging minors
to to
participate in electionparticipate in election
activities; providing 12th graders with information about activities; providing 12th graders with information about
registering registering to vote; conducting pilot programs to enable individuals with disabilitiesto vote; conducting pilot programs to enable individuals with disabilities
to register to register to vote and request and receiveto vote and request and receive
absentee absentee
bal otsballots at home; conducting research at home; conducting research
into accessibleinto accessible
paper bal ot and secure remote voting systems and voting, verification, voting, verification,
and casting mechanismsand casting mechanisms
and best practices for increasing to increase the accessibility the accessibility
of paper bal ots of voting and verification; establishing absentee ballot tracking programs; recruiting and training pol ; recruiting and training pol
workers;workers;
rewarding recognizing institutions of higher education that exceed requirements institutions of higher education that exceed requirements
for helping students register to votefor registering students to vote; establishing absentee bal ot tracking programs; replacing ; replacing
voting systemsvoting systems
that do not meet specified requirementsthat do not meet specified requirements
or are not in compliance with or are not in compliance with
specified federal voting systemspecified federal voting system
guidelines,guidelines,
making improvementsmaking improvements
to voting system to voting system
security, and implementingsecurity, and implementing
and modelingand modeling
best practices for best practices for
bal otballot design, instructions, design, instructions,
and testing; conducting risk-limitingand testing; conducting risk-limiting
audits; and conducting research into improving audits; and conducting research into improving
election infrastructure security, quality, reliability,election infrastructure security, quality, reliability,
accuracy, accessibility,accuracy, accessibility,
and and
affordability and increasing voter participation. affordability and increasing voter participation.
S.
S.
957
Early Voting Act
Referred to Committee
Would authorize appropriations for HAVA requirements payments for meeting early voting requirements.
S. 1319
Protecting the Right to
Referred to Committee
Would authorize a grant program for implementing or improving use of auditable paper
Independent and Democratic
bal ots, conducting risk-limiting audits, or implementing cybersecurity standards and
Elections (PRIDE) Voting Act
best practices.
CRS-344
John R. Lewis Voting Rights
Cloture not invoked on
Would authorize grant programs for establishing Native American voting task forces
Advancement Act of 2021
the motion to proceed
and, for small jurisdictions, for complying with a requirement to submit or publish notice of changes to voting qualifications, prerequisites, standards, practices, or procedures.
CRS-33
Bill Number
Short Title
Latest Major Action
Summary of Grant-Related Provisions
S.
S.
1472
Protecting American Votes and
Referred to Committee
Would repeal the prohibition on use of HAVA P&A system grant funds for initiating or
Elections Act of 2019
otherwise participating in litigation about election-related disability access; would specify a minimum amount for HAVA P&A system grant awards to the American Indian Consortium P&A system; would amend the HAVA definition of “state” to include CNMI; and would authorize grant programs for replacing paperless voting systems; acquiring accessible bal ot marking devices; designing and printing bal ots; and conducting risk-limiting audits.
S. 1514
Help Students Vote Act
Referred to Committee
Would authorize a grant program for rewarding institutions of higher education that exceed requirements for registering students to vote.
S. 1540
Election Security Act of 2019
Referred to Committee
Would repeal the prohibition on use of HAVA P&A system 640
Invest in Our Democracy Act of
Introduced
Would authorize a grant program for supporting continuing education in election
2021
administration or cybersecurity for election officials and employees.
S. 954
Voter Empowerment Act of 2021 Introduced
Would authorize use of HAVA requirements payments for complying with voter registration requirements; would reauthorize and expand the permissible uses of funding under HAVA’s pol ing place accessibility grant program; would repeal the prohibition on use of HAVA protection and advocacy (P&A) system grant funds for initiating or otherwise grant funds for initiating or otherwise participating in litigation about election-relatedparticipating in litigation about election-related
disability access; disability access;
would would
authorize use of HAVA requirements payments for making improvements to voting system security; would include the protection of election infrastructure as a topic to be addressed in state plans for HAVA requirements payments and require the committees responsible for developing state plans to be geographical y representative; would amend the HAVA definition of “state” to include CNMI; and would authorize grant programs for conducting research into accessible paper bal ot voting, verification, and casting mechanisms and best practices for increasing the accessibility of paper bal ots; replacing voting systems that do not meet specified requirements or are not in compliance with specified federal voting system guidelines, making improvements to voting system security, and implementing and modeling best practices for bal ot design, instructions, and testing; conducting risk-limiting audits; and conducting research into improving election infrastructure security, quality, reliability, accuracy, accessibility, and affordability and increasing voter participation.
S. 1692
Invest in Our Democracy Act of
Referred to Committee
Would authorize a grant program for supporting continuing education in election
2019
administration or cybersecurity for election officials and employees.
CRS-35
Bill Number
Short Title
Latest Major Action
Summary of Grant-Related Provisions
S. 2053
Securing America’s Federal
Referred to Committee
Would repeal the prohibition on use of HAVA P&A system amend the HAVA definition of “state” to include the Commonwealth of the Northern Mariana Islands (CNMI) and specify a minimum amount for HAVA requirements payments to CNMI; would extend eligibility for HAVA’s P&A system grant program to the P&A system serving the American Indian consortium and specify a minimum payment amount; and would authorize grant programs for complying with automatic voter registration and registration portability and correction requirements; encouraging minors to participate in election activities; providing 12th graders with information about registering to vote; conducting pilot programs to enable individuals with disabilities to register to vote and request and receive absentee ballots at home; conducting research into accessible and secure remote voting systems and voting, verification, and casting mechanisms to increase the accessibility of voting and verification; establishing absentee ballot tracking programs; recruiting and training pol workers; and recognizing institutions of higher education that exceed requirements for helping students register to vote.
S. 992
Help Students Vote Act
Introduced
Would authorize a grant program for recognizing institutions of higher education that exceed requirements for helping students register to vote; and would designate a percentage of federal work study funding for compensating students employed in activities including voter registration, nonpartisan voter engagement, and voter participation work.
CRS-34
Bill Number
Short Title
Latest Major Action
Summary of Grant-Related Provisions
S. 1470
Accessible Voting Act of 2021
Introduced
Would reauthorize and expand the permissible uses of funding under HAVA’s pol ing place accessibility grant program; would repeal the prohibition on use of HAVA protection and advocacy (P&A) system grant funds for initiating or otherwise grant funds for initiating or
Elections (SAFE) Act
otherwise participating in litigation about election-relatedparticipating in litigation about election-related
disability access; would extend eligibility for HAVA’s P&A system grant program to the P&A systems serving CNMI and the American Indian consortium and specify a minimum payment amount for the P&A system serving the American Indian consortium; and would authorize grant programs for complying with requirements related to accessibility of the electoral process and election information to individuals with disabilities; and conducting research into accessible and secure remote voting systems and voting, verification, and casting mechanisms to increase the accessibility of voting and verification.
S. 1733
One Stop Shop Community
Introduced
Would authorize a grant program for operating hotlines that provide information about
Reentry Program Act of 2021
voter registration, voting rights restoration, and other reentry services for individuals returning to the community after conviction or incarceration.
CRS-35
Bill Number
Short Title
Latest Major Action
Summary of Grant-Related Provisions
S. 2093
For the People Act of 2021
Cloture not invoked on
Would authorize use of Help America Vote Act of 2002 (HAVA) requirements
the motion to proceed
payments for complying with voter registration requirements and making improvements to voting system security; would reauthorize and expand the permissible uses of funding under HAVA’s pol ing place accessibility grant program; would repeal the prohibition on use of HAVA protection and advocacy (P&A) system disability access; would authorize use of HAVA requirements payments for making improvements to voting system security; would include the protection of election infrastructure as a topic to be addressed in state plans for HAVA requirements payments and require the committees responsible for developing state plans to be geographical y representative; would amend the HAVA definition of “state” to include CNMI; and would authorize grant programs for conducting research into accessible paper bal ot voting, verification, and casting mechanisms and best practices for increasing the accessibility of paper bal ots; replacing voting systems that do not meet specified requirements or are not in compliance with specified federal voting system guidelines, making improvements to voting system security, and implementing and modeling best practices for bal ot design, instructions, and testing; and conducting risk-limiting audits.
S. 2238
Securing America’s Federal
Referred to Committee
Would repeal the prohibition on use of HAVA P&A system grant funds for initiating or
Elections (SAFE) Act
otherwise grant funds for initiating or otherwise participating in litigation about election-relatedparticipating in litigation about election-related
disability access; disability access;
would would
authorize use of HAVA requirements payments for making improvements to voting system security; would include the protection of election amend the HAVA definition of “state” to include the Commonwealth of the Northern Mariana Islands (CNMI) and specify a minimum amount for HAVA requirements payments to CNMI; would extend eligibility for HAVA’s P&A system grant program to the P&A system serving the American Indian consortium and specify a minimum payment amount; would include the protection of election infrastructure as a topic to be addressed in infrastructure as a topic to be addressed in
state plans for HAVA requirementsstate plans for HAVA requirements
payments and require the committeespayments and require the committees
responsible responsible
for developing state plans to be for developing state plans to be
geographical ygeographically representative; representative;
and would authorize grant programs for complying with automatic voter registration and registration portability and correction requirements; encouraging minors to participate in election activities; providing 12th graders with information about registering to vote; conducting pilot programs to enable individuals with disabilities to register to vote and request and receive absentee ballots at home; conducting research into accessible and secure remote voting systems and voting, verification, and casting mechanisms to increase the accessibility of voting and verification; establishing absentee ballot tracking programs; recruiting and training pol workers; recognizing institutions of higher education that exceed requirements for helping students register to votewould amend the HAVA definition of “state” to include CNMI; and would authorize grant programs for conducting research into accessible paper bal ot voting, verification, and casting mechanisms and best practices for increasing the accessibility of paper bal ots; replacing voting systems; replacing voting systems
that do not meet specified that do not meet specified
requirements requirements or are not in compliance with specified federal voting systemor are not in compliance with specified federal voting system
guidelines and guidelines, making improvements making improvements
to voting system security, and implementing and modeling best practices for ballot design, instructions, and testing, and acquiring accessible voting systems that meet specified requirements; and conducting research into improving election infrastructure security, quality, reliability, accuracy, accessibility, and affordability and increasing voter participation.
S. 2117
People Over Long Lines (POLL)
Introduced
Would authorize a grant program for complying with requirements related to pol ing
Act
place wait times and resourcesto voting system security; acquiring accessible bal ot marking devices; designing and printing bal ots; and conducting risk-limiting audits.
S. 2524
Financial Services and General
Reported by Committee
Would provide funding for making general improvements to the administration of
Government Appropriations Act,
federal elections, including for enhancing election technology and improving election
2020
security. .
CRS-36
CRS-36
Bill Number
Short Title
Latest Major Action
Summary of Grant-Related Provisions
S.
S.
3206
Accessible Voting Act of 2019
Referred to Committee
Would expand and reauthorize HAVA’s pol ing place accessibility grant program; would repeal the prohibition on use of HAVA P&A system 2702
Frank Harrison, Elizabeth
Introduced
Would authorize a grant program for establishing Native American voting task forces.
Peratrovich, and Miguel Trujil o Native American Voting Rights Act of 2021
S. 2747
Freedom to Vote Act
Cloture not invoked on
Would authorize use of Help America Vote Act of 2002 (HAVA) requirements
the motion to proceed
payments for complying with voter registration requirements; would reauthorize and expand the permissible uses of funding under HAVA’s pol ing place accessibility grant program; would repeal the prohibition on use of HAVA protection and advocacy (P&A) system grant funds for initiating or otherwise grant funds for initiating or otherwise participating in litigation about election-relatedparticipating in litigation about election-related
disability access; disability access;
would would
extend eligibility for HAVA's P&A system grant program to the P&A system serving the American Indian Consortium and specify a minimum amount for HAVA P&A system grant awards to the American Indian Consortium P&A system; would amend the HAVA definition of “state” to include CNMI; and would authorize a grant program for meeting requirements related to the accessibility of election information and processes and the transparency of changes to election prerequisites, standards, practices, and procedures.
S. 3340
Voter Choice Act
Referred to Committee
Would authorize a grant program for implementing ranked choice voting.
S. 3440
Resilient Elections During
Referred to Committee
Would authorize a grant program for meeting requirements and conducting activities
Quarantines and Natural
related to election contingency planning and absentee voting.
Disasters Act of 2020
S. 3529
Natural Disaster and Emergency
Referred to Committee
Would authorize grant programs for using a federal service for providing voter
Bal ot Act of 2020
registration and absentee bal ot status updates; meeting requirements related to election contingency planning, absentee voting, early voting, provisional bal ots, and voter registration in the November 3, 2020, general election; and voluntarily complying with related requirements in 2020 primary elections.
S. 3725
VoteSafe Act of 2020
Referred to Committee
Would authorize grant programs for meeting requirements related to absentee voting, early voting, and pol ing place safety; and promoting safe, accessible, and efficient in-person voting.
S. 3778
State Elections Preparedness Act
Referred to Committee
Would authorize the EAC to waive the match requirement for CARES Act HAVA funds in certain circumstances.
S. 3822
DemocracyCorps Act
Referred to Committee
Would repeal the match requirement for FY2020 and CARES Act HAVA funds; and would authorize grant programs for meeting requirements related to absentee voting, pol ing place safety, early voting, and voter registration; and promoting safe, accessible, and efficient in-person voting.
S. 3961
Pandemic Democracy for Al Act
Referred to Committee
Would authorize grant programs for implementing online voter registration systems; and facilitating an increase in absentee voting.
CRS-37
Bill Number
Short Title
Latest Major Action
Summary of Grant-Related Provisions
S. 4033
Natural Disaster and Emergency
Referred to Committee
Would repeal or modify the match requirement, reporting requirement, and spending
Bal ot Act of 2020
deadline for CARES Act HAVA funds; would authorize real ocation of CARES HAVA funds to replace FY2018 and FY2020 HAVA funds that were applied to COVID-19-related costs; and would authorize grant programs for using a federal service for providing voter registration and absentee bal ot status updates; meeting requirements and conducting activities related to election contingency planning, public education campaigns, absentee voting, early voting, provisional bal ots, voting accessibility and safety, bal ot chain-of custody procedures, election process transparency, and voter registration in the November 3, 2020, general election; and voluntarily complying with related requirements or conducting related activities in 2020 primary elections.
S. 4668
People Over Long Lines Act
Referred to Committee
Would authorize a grant program for meeting requirements related to pol ing place
(POLL ACT)
wait times and resources.
S. 4800
The Heroes Act
Referred to Committee
Would provide funding for improving elections contingency planning, preparation, and resilience; would repeal or modify the match requirement, reporting requirement, and spending deadline for CARES Act HAVA funds; would authorize real ocation of CARES and Heroes Act HAVA funds to replace FY2018 and FY2020 HAVA funds that were applied to COVID-19-related costs; and would authorize grant programs for meeting requirements related to election contingency planning, early voting, absentee voting, voter identification, voter registration, and electoral access for voters residing in Indian lands; voluntarily complying with the requirements in 2020 federal primary elections; and conducting risk-limiting audits.
Source: CRS, based on review of appropriations measures and legislation introduced in the 116th Congress with the legislative subject term “Election Assistance Commission” or “Elections, voting, political campaign regulation” on Congress.gov. Different search parameters may produce different results.
Notes: This table includes bil s that would authorize, fund, or modify the parameters of election administration -related grant programs for states or localities. It covers grant programs for state or local election officials as wel as programs for non-elections-specific government entities, such as public institutions of higher education. The latest major action listed for each bil is current as of December 8, 2020. The table does not cover provisions that would condition eligibility for federal funding on adopting or rejecting particular elections policies; provisions that would establish an election security grants advisory committee; provisions that would modify the parameters of an elections grant program indirectly by changing the conditions on a more general category of grant programs; or provisions that would authorize funding for in-kind elections goods or services, bug bounty programs, redistricting commissions, public financing of political campaigns, or general security for state or local government systems. It also does not include proposed amendments that were not adopted, and the provided summaries do not cover non-grant-related provisions of the bil s.
CRS-38
link to page 20
Appendix B. Selected Options for Structuring Grant Programs
The “Options for Legislative Proposals” section of this report lists some questions that may be relevant to Members who are considering developing or assessing proposals to authorize or fund elections grant programs for states or localities. The table below presents some of the options for answering those questions that have been explored in previous legislation. The table is intended to be il ustrative rather than comprehensive. It also includes only answers that have been offered explicitly in legislation or report language, not answers that might be
provided by other federal guidance on grant programs or appropriations or at the discretion of the federal departments or agencies that are
charged with administering elections grant programs.
Table B-1. Selected Options for Structuring Election Administration-Related Grant Programs for States and Localities
Category
Sample Questions
Sample Answers
Examples from Previous Legislation
Are grant funds limited to use for
Specific activities
CARES Act HAVA funds (P.L. 116-136)
specific activities or available for more
HAVA general improvements grant program (52
general purposes?
General purposes
U.S.C. §§20901, 20903-20906)
Are grant funds intended to finance
Voluntary activities
HAVA voting technology pilot program grant program (52 U.S.C. §§21051-21053)
voluntary activities or help meet
Uses of Funds
federal requirements?
HAVA requirements payments program (52
Federal requirements
U.S.C. §§21001-21008)
HAVA P&A system grant program (52 U.S.C.
Prohibited
Are any uses of grant funds prohibited
§§21061-21062)
or prioritized?
House-passed FY2021 consolidated appropriations
Prioritized
bil (116th Congress; H.R. 7617)
Is the total amount of federal funding
HAVA general improvements grant program (52
Fixed amount
for the grant program a fixed amount,
U.S.C. §§20901, 20903-20906)
or is it based on the costs of
MOVE Act requirements payments (52 U.S.C.
conducting the funded activities?
Based on costs of conducting funded activities
§21007)
Amount of Funding
By matching a percentage of the federal
Are grant recipients required to
funding they receive
FY2020 HAVA funds (P.L. 116-93)
contribute to funding grant activities?
By matching a percentage of the total amount
HAVA requirements payments program (52
to be spent on grant activities
U.S.C. §§21001-21008)
CRS-39
Category
Sample Questions
Sample Answers
Examples from Previous Legislation
Nondiscretionary formula, based on voting-
HAVA requirements payments program (52
age population
U.S.C. §§21001-21008)
HAVA lever and punch card voting system
How is funding al ocated to grant
Nondiscretionary formula, based on number
replacement grant program (52 U.S.C. §§20902-
recipients?
of qualifying precincts in the state
20906)
Competitive grant process
HAVA voting technology improvements research grant program (52 U.S.C. §§21041-21043)
Are eligible recipients guaranteed
Minimum award amounts
FY2018 HAVA funds (P.L. 115-141)
minimum—or subject to maximum—
Voting system replacement reimbursement grant
award amounts?
Maximum award amounts
program (P.L. 108-7)
Directly
HAVA pol ing place accessibility grant program (52 U.S.C. §§21021-21025)a
Secure Elections Act (115th Congress; H.R. 6663,
Is grant funding available—directly or
If the state does not apply
§7; S. 2593, §7)
indirectly—to local officials?
If authorized by the state
Secure Elections Act (115th Congress; S. 2261, §7)
House-passed FY2021 consolidated appropriations
Via mandatory pass-throughs
bil (116th Congress; H.R. 7617)
HAVA requirements payments program (52
Is grant funding available to election
Election officials
U.S.C. §§21001-21008)
Recipients of Funding
officials or to other state or local government entities?
Other state or local government entities
HAVA P&A system grant program (52 U.S.C. §§21061-21062)
50 states, DC, American Samoa, Guam, Puerto Rico, and the U.S. Virgin Islands
Election data col ection grant program (52 U.S.C.
(HAVA states)
$20981 note)
Which jurisdictions or entities are
HAVA states and the Commonwealth of the
eligible for the grant program?
Northern Mariana Islands (CNMI)
FY2020 HAVA funds (P.L. 116-93)
HAVA states, CNMI, and the American Indian Protection and Advocacy for Voting Access Consortium
Program Inclusion Act (116th Congress; H.R. 5510)
Availability of Funding
Within 30 days of the act’s enactment
CARES Act HAVA funds (P.L. 116-136)
CRS-40
Category
Sample Questions
Sample Answers
Examples from Previous Legislation
Is there a statutory deadline by which the agency that is charged with
Within 45 days of the act’s enactment
FY2018 HAVA funds (P.L. 115-141)
administering the grant program must distribute the grant funding?
Are grant recipients required to
HAVA lever and punch card voting system
obligate or spend grant funds or
With option for deadline deferral waiver
replacement grant program (52 U.S.C. §§20902-
complete funded activities by a certain
20906)
deadline?
Without option for deadline deferral waiver
CARES Act HAVA funds (P.L. 116-136)
Are appropriations for the grant
HAVA voting technology improvements research
Limited number of fiscal years
program authorized for a limited
grant program (52 U.S.C. §§21041-21043)
number of fiscal years or on an ongoing basis?
Ongoing basis
HAVA P&A system grant program (52 U.S.C. §§21061-21062)
Are details of grants administration,
Specified in authorizing legislation
HAVA requirements payments program (52
such as the contents or frequency of
U.S.C. §§21001-21008)
spending plans or reporting, specified in bil text, specified in report
Specified in appropriations legislation
CARES Act HAVA funds (P.L. 116-136)
language, or left to the discretion of the federal agency charged with
Joint Committee Print, Omnibus Appropriations
Specified in report language
administering the grant program?
Act, 2009 (P.L. 111-8)
Administration of
EAC
Help America Vote Col ege Program (52 U.S.C.
Grant Programs
Which agency is charged with
§§21121-21123)
administering the grant program?
UOCAVA election technology pilot program grant
Other federal agency
program (52 U.S.C. §20311)
Is the administering agency
HAVA voting technology improvements research
Other agencies
encouraged or required to col aborate
grant program (52 U.S.C. §§21041-21043)
or consult with other agencies or
Native American Voting Rights Act of 2019 (116th
election stakeholders?
Elections stakeholders
Congress; H.R. 1694, §4; S. 739, §4)
Source: CRS, based on review of data from Congress.gov. Notes: This table is intended to be il ustrative rather than comprehensive. It includes only answers that have been offered explicitly in legislation or report language. a. As authorized, HAVA’s pol ing place accessibility grant program was available to units of local government. However, the appropriations acts that have funded
awards under the program have general y limited them to the HAVA states. See, for example, P.L. 108-7.
CRS-41
Election Administration: Federal Grant Funding for States and Localities
Author Information
Karen L. Shanton
Analyst in American National Government
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. Information in a CRS Report should n ot be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you wish to copy or otherwise use copyrighted material.
Congressional Research Service
R46646 · VERSION 1 · NEW
42amend the HAVA definition of “state” to include the Commonwealth of the Northern Mariana Islands (CNMI) and specify a minimum amount for HAVA requirements payments to CNMI; would extend eligibility for HAVA’s P&A system grant program to the P&A system serving the American Indian consortium and specify a minimum payment amount; would authorize grant programs for complying with automatic voter registration and registration portability and correction requirements; conducting pilot programs to enable individuals with disabilities to register to vote and request and receive absentee ballots at home; conducting research into accessible and secure remote voting systems and voting, verification, and casting mechanisms to increase the accessibility of voting and verification; establishing absentee ballot tracking programs; recruiting and training pol workers; replacing voting systems that do not meet specified requirements or are not in compliance with specified federal voting system guidelines, making improvements to voting system security, implementing and modeling best practices for ballot design, instructions, and testing, and acquiring accessible voting systems that meet specified requirements; reimbursing costs of providing free voter identification; and would establish a program and trust fund to provide for ongoing funding for elections-related activities, including activities to improve the efficiency and functioning of election administration, secure election infrastructure, and increase access to voting by members of specified groups.
S. 2939
Voter Choice Act
Introduced
Would authorize a grant program for implementing ranked choice voting.
CRS-37
Bill Number
Short Title
Latest Major Action
Summary of Grant-Related Provisions
S. 3062
Departments of Labor, Health
Introduced
Would include funding for carrying out the provisions of HAVA related to disability
and Human Services, and
access grant programs in general budget authority for the Administration for
Education, and Related Agencies
Community Living’s Aging and Disability Services programs.
Appropriations Act, 2022
S. 3179
Financial Services and General
Introduced
Would appropriate $100 mil ion for making general improvements to the
Government Appropriations Act,
administration of federal elections, including for enhancing election technology and
2022
improving election security.
S. 3969
Protection and Advocacy Voting
Passed the Senate
Would extend eligibility for HAVA’s P&A system grant program to the P&A systems
Access (PAVA) Program
serving CNMI and the American Indian consortium and specify a minimum amount for
Inclusion Act
HAVA P&A system grant awards to the American Indian consortium P&A system.
S. 4085
PROVE Act
Introduced
Would authorize a grant program for encouraging minors to participate in election activities.
S. 4239
Sustaining Our Democracy Act
Introduced
Would establish a program and trust fund to provide for ongoing funding for elections-related activities to promote efficient election administration; secure election infrastructure; recruit, train, retain, and protect election workers; and increase access to voting for underserved communities, individuals with disabilities, racial and language minority groups, UOCAVA voters, and voters residing in Indian lands.
S. 4335
Register America to Vote Act of
Introduced
Would authorize a grant program for complying with automatic voter registration
2022
requirements.
Sources: CRS, based on review of appropriations measures and legislation introduced in the 117th Congress using certain search terms. Different search parameters may produce different results. Notes: This table includes bil s that would authorize, fund, or modify the parameters of election administration-related grant programs for states or localities. It covers grant programs for state or local election officials as well as programs for non-elections-specific government entities, such as public institutions of higher education. The latest major action listed for each bil is current as of July 7, 2022. The table does not cover provisions that would condition eligibility for federal funding on adopting or rejecting particular elections policies; provisions that would establish an election security grants advisory committee; provisions that would modify the parameters of an elections grant program indirectly by changing the conditions on a more general category of grant programs; or provisions that would authorize funding for in-kind elections goods or services, bug bounty programs, redistricting commissions, public financing of political campaigns, or general security for state or local government systems. It also does not include proposed amendments that were not adopted, and the provided summaries do not cover non-grant-related provisions of the bil s.
CRS-38
link to page 20
Appendix B. Selected Options for Structuring Grant Programs The “Options for Legislative Proposals” section of this report lists some questions that may be relevant to Members who are considering developing or evaluating proposals to authorize or fund elections grant programs for states or localities. The table below presents some of the options for answering those questions that have been explored in previous legislation. The table is intended to be illustrative rather than comprehensive. It also includes only answers that have been offered explicitly in legislation or report language, not answers that might be provided by other federal guidance on grant programs or appropriations or at the discretion of the federal departments or agencies that are charged with administering elections grant programs.
Table B-1. Selected Options for Structuring Election Administration-Related Grant Programs for States and Localities
Category
Sample Questions
Sample Answers
Examples from Previous Legislation
Are grant funds limited to use for
Specific activities
CARES Act HAVA funds (P.L. 116-136, Election Security Grants)
specific activities or available for more general purposes?
General purposes
HAVA general improvements grant program (52 U.S.C. §§20901, 20903-20906)
Are grant funds intended to finance
Voluntary activities
HAVA voting technology pilot program grant program (52 U.S.C. §§21051-21053)
Uses of Funds
voluntary activities or help meet federal requirements?
HAVA requirements payments program (52
Federal requirements
U.S.C. §§21001-21008)
HAVA P&A system grant program (52 U.S.C.
Prohibited
§§21061-21062)
Are any uses of grant funds prohibited or prioritized?
Financial Services and General Government
Prioritized
Appropriations Act, 2023 (117th Congress; H.R. 8254, Election Security Grants)
Is the total amount of federal funding
HAVA general improvements grant program (52
authorized for the grant program a
Fixed amount
U.S.C. §§20901, 20903-20906)
fixed amount, or is it such sums as
Amount of Funding
may be necessary to conduct the
Such sums as may be necessary
UOCAVA election technology pilot program grant
funded activities?
program (52 U.S.C. §20311)
Are grant recipients required to
By matching a percentage of the federal
FY2020 HAVA funds (P.L. 116-93, Election
contribute to funding grant activities?
funding they receive
Security Grants)
CRS-39
link to page 46
Category
Sample Questions
Sample Answers
Examples from Previous Legislation
By matching a percentage of the total amount
HAVA requirements payments program (52
to be spent on grant activities
U.S.C. §§21001-21008)
Nondiscretionary formula, based on voting-
HAVA requirements payments program (52
age population
U.S.C. §§21001-21008)
How is funding allocated to grant
Nondiscretionary formula, based on number
HAVA lever and punch card voting system
recipients?
of qualifying precincts in the state
replacement grant program (52 U.S.C. §§20902-20906)
Competitive grant process
HAVA voting technology improvements research grant program (52 U.S.C. §§21041-21043)
FY2018 HAVA funds (P.L. 115-141, Election
Are eligible recipients guaranteed
Minimum award amounts
Reform Program)
minimum—or subject to maximum—award amounts?
Voting system replacement reimbursement grant
Maximum award amounts
program (P.L. 108-7, Election Reform Programs)
HAVA pol ing place accessibility grant program (52
Directly
U.S.C. §§21021-21025)a
Secure Elections Act (115th Congress; H.R.
If the state does not apply
Is grant funding available—directly or
6663/S. 2593, §7)
indirectly—to local officials?
If authorized by the state
Secure Elections Act (115th Congress; S. 2261, §7)
Financial Services and General Government
Via mandatory pass-throughs
Appropriations Act, 2023 (117th Congress; H.R. 8254, Election Security Grants)
Recipients of Funding
Is grant funding available to election
Election officials
HAVA requirements payments program (52 U.S.C. §§21001-21008)
officials or to other state or local entities?
Other state or local entities
HAVA P&A system grant program (52 U.S.C. §§21061-21062)
50 states, DC, American Samoa, Guam,
Election data collection grant program (52 U.S.C.
Puerto Rico, and the U.S. Virgin Islands
Which jurisdictions or entities are
§20981 note)
(HAVA states)
eligible for the grant program?
HAVA states and the Commonwealth of the
FY2020 HAVA funds (P.L. 116-93, Election
Northern Mariana Islands (CNMI)
Security Grants)
CRS-40
Category
Sample Questions
Sample Answers
Examples from Previous Legislation
HAVA states, CNMI, and the American Indian Protection and Advocacy for Voting Access consortium
(PAVA) Program Inclusion Act (117th Congress; H.R. 7326/S. 3969, §2)
Is there a statutory deadline by which
Within 30 days of the act’s enactment
CARES Act HAVA funds (P.L. 116-136, Election
the agency that is charged with
Security Grants)
administering the grant program must distribute the grant funding?
Within 45 days of the act’s enactment
FY2018 HAVA funds (P.L. 115-141, Election Reform Program)
HAVA lever and punch card voting system
Are grant recipients required to
With option for extension
replacement grant program (52 U.S.C. §§20902-
obligate or spend grant funds or
Availability of Funding
20906)
complete funded activities by a certain deadline?
CARES Act HAVA funds (P.L. 116-136, Election
Without option for extension
Security Grants)
Are appropriations for the grant
HAVA voting technology improvements research
Limited number of fiscal years
program authorized for a limited
grant program (52 U.S.C. §§21041-21043)
number of fiscal years or on an
HAVA P&A system grant program (52 U.S.C.
ongoing basis?
Ongoing basis
§§21061-21062)
Are details of grants administration,
HAVA requirements payments program (52
Specified in authorizing legislation
such as the contents or frequency of
U.S.C. §§21001-21008)
spending plans or reporting, specified in bil text, specified in report
Specified in appropriations legislation
CARES Act HAVA funds (P.L. 116-136, Election
language, or left to the discretion of
Security Grants)
the federal agency charged with
Specified in report language
Joint Committee Print, Omnibus Appropriations
Administration of
administering the grant program?
Act, 2009 (P.L. 111-8, Election Reform Programs)
Grant Programs
EAC
Election data collection grant program (52 U.S.C.
Which agency is charged with
§20981 note)
administering the grant program?
Other federal agency
UOCAVA election technology pilot program grant program (52 U.S.C. §20311)
Is the administering agency
Other agencies
HAVA voting technology improvements research
encouraged or required to col aborate
grant program (52 U.S.C. §§21041-21043)
CRS-41
Category
Sample Questions
Sample Answers
Examples from Previous Legislation
or consult with other agencies or
Frank Harrison, Elizabeth Peratrovich, and Miguel
elections stakeholders?
Elections stakeholders
Trujil o Native American Voting Rights Act of 2021 (117th Congress; H.R. 5008/S. 2702, §4)
Source: CRS, based on review of data from Congress.gov. Notes: This table is intended to be il ustrative rather than comprehensive. It includes only answers that have been offered explicitly in legislation or report language. a. As authorized, HAVA’s pol ing place accessibility grant program was available to units of local government. However, the appropriations acts that have funded
awards under the program have generally limited them to the HAVA states. See, for example, P.L. 108-7.
CRS-42
Election Administration: Federal Grant Funding for States and Localities
Author Information
Karen L. Shanton
Analyst in American National Government
Disclaimer
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Congressional Research Service
R46646 · VERSION 5 · UPDATED
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