Election Security: States’ Spending of FY2018 and FY2020 HAVA Payments

Election Security: States’ Spending of FY2018 and FY2020 HAVA Payments

Updated July 8, 2022
Election Security: States’ Spending of FY2018 and FY2020
HAVA Payments
Congress has provided funding in response to efforts to
Funding recipients were asked to submit plans for use of the
interfere with U.S. elections. The Consolidated
payments to the agency charged with administering the
Appropriations Act, 2018 (P.L. 115-141) included $380
funds, the U.S. Election Assistance Commission (EAC).
million for payments to the 50 states, the District of
Much of the planned spending they reported in those initial
Columbia (DC), American Samoa, Guam, Puerto Rico, and
submissions was on the specific election security measures
the U.S. Virgin Islands under the Help America Vote Act of
highlighted by the FY2018 and FY2020 explanatory
2002 (HAVA; 52 U.S.C. §§20901-21145), for example, and
statements. Some of the proposed spending included
the Consolidated Appropriations Act, 2020 (P.L. 116-93)
transitioning to voting systems that produce voter-verifiable
and Consolidated Appropriations Act, 2022 (P.L. 117-103)
paper records, for example, or researching or conducting
provided $425 million and $75 million, respectively, for
postelection audits. Many of the spending plans also
HAVA payments to those jurisdictions and the
included training-related spending, such as hiring election
Commonwealth of the Northern Mariana Islands.
security trainers and running tabletop exercises that
simulate real-world security incidents, or spending on
Spending data for FY2022 funding was not yet available as
cybersecurity upgrades or best practices, such as conducting
of this writing, but this In Focus offers an overview of
recipients’
penetration tests of state election systems and acquiring
spending of the HAVA funding provided by the
tools to protect those systems against distributed denial-of-
FY2018 and FY2020 consolidated appropriations acts
service (DDoS) or ransomware attacks.
(generally referred to hereinafter as the “FY2018 HAVA
payments” and “FY2020 HAVA payments”). The In Focus
Other spending proposals included plans to fund other types
starts by summarizing how recipients initially proposed
of election security measures, such as improvements to the
using the funds, how the onset of the Coronavirus Disease
physical security of election board facilities or grants to
2019 (COVID-19) pandemic affected some of those plans,
county election officials to address physical vulnerabilities.
and how much of the funding recipients have reported
Some states also proposed spending on activities that may
spending to date. It then introduces some issues related to
not be focused specifically on securing elections, such as
the availability of funds and the timing of spending and
conducting general voter outreach, improving polling place
reporting.
accessibility, or implementing automatic or online voter
registration policies.
Information about spending of the FY2018 and FY2020
HAVA payments may be relevant both to Members who
Adjustments in Response to COVID-19
are interested in oversight of the FY2018 and FY2020
Some states adjusted their spending plans in response to
funds and to Members who are considering further funding
COVID-19. The onset of the COVID-19 pandemic
for similar purposes. It might help inform decisions about
introduced challenges for the administration of elections in
whether to provide additional funding, for example, and, if
the 2020 election cycle, such as increased demand for mail
so, whether or how to specify conditions for its use.
voting and greater difficulty recruiting poll workers for in-
Initial Spending Plans
person voting.
Funds for the FY2018 and FY2020 payments were
Efforts to address such challenges can come with additional
appropriated under provisions of HAVA that authorized
costs. Some election officials had to purchase new
funding for certain general improvements to election
equipment to process the increased volume of mail ballots,
administration (52 U.S.C. §§20901, 20903-20904). The
for example, or upgrade their databases to enable voters to
explanatory statements accompanying the FY2018 and
request ballots online; hire more temporary workers to
FY2020 spending bills highlighted five specific election
process mail ballots and ballot requests; buy cleaning
security-related uses to which recipients may apply the
supplies and protective equipment for polling places; or
funds:
offer additional poll worker training and voter education.
 replacing paperless voting equipment;
Congress provided $400 million specifically for COVID-

19-related election expenses in the Coronavirus Aid, Relief,
implementing postelection audits;
and Economic Security (CARES) Act (P.L. 116-136), but
 addressing cyber vulnerabilities;
the FY2018 and FY2020 HAVA payments could also be

applied to some of the new costs. According to guidance
providing election officials with cybersecurity training;
from the EAC, the FY2018 and FY2020 HAVA funds—as
and
well as some other funding previously appropriated under
 instituting election cybersecurity best practices.
HAVA—could be used to cover certain elections expenses
incurred as a result of the pandemic.
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Election Security: States’ Spending of FY2018 and FY2020 HAVA Payments
At least some states reported redirecting some of their
Availability of Funds to Address Interference
FY2018 and FY2020 HAVA funds to COVID-19-related
Congress appropriated the funding for the FY2018 and
costs. For example, according to state spending reports
FY2020 HAVA payments following attempts to interfere
available on the EAC’s website, states used some of the
with the 2016 elections, and recipients initially planned to
funding to obtain ballot boxes, purchase polling place
use most of the funding to address related threats. With the
cleaning supplies and personal protective equipment,
onset of the COVID-19 pandemic, however, some
expand access to early voting, hire additional staff to handle
recipients chose to apply some of their funds to COVID-19-
the increased demand for mail voting, and educate voters
related costs.
about changes to election procedures in response to the
One issue of potential interest to Congress might be how
pandemic.
much of the funding provided for FY2018 and FY2020
Reported Spending
HAVA payments was redirected to COVID-19
preparedness and response and whether the remaining
After initially indicating that the FY2018 and FY2020
funding is sufficient to meet previously identified election
HAVA payments had to be spent within five years, the
interference-related needs.
EAC issued updated guidance that there is no deadline by
which recipients must spend the funds. Recipients do,
Timing of Spending
however, have to report on their spending. They are
Some recipients reported using almost all of their FY2018
expected to file federal financial reports for the payments
and FY2020 HAVA funds by the end of March 2022, but
each fiscal year, as well as regular reports to the EAC with
many have waited to spend most of their shares. The
more detailed information about how funds were spent.
spending plans they submitted to the EAC suggest at least
According to data released by the EAC, as of March 31,
three factors that may have influenced the timing of later
2022, recipients had reported spending close to $425
spending: (1) some of the costs associated with securing
million of the approximately $821 million available in
elections are ongoing, and some recipients planned to apply
FY2018 and FY2020 federal HAVA payments and interest.
FY2018 and FY2020 HAVA funds to such costs in multiple
Recipients have also reported spending from state matching
fiscal years; (2) prior conditions, such as state legislative
funds. The 50 states, DC, and Puerto Rico are each required
approval, had to be met before recipients could engage in
to provide a 5% match for the FY2018 HAVA funds and a
some of their planned spending; and (3) some proposed
20% match for the FY2020 payments, and most had
spending involved processes like equipment procurement
reported supplying or spending at least some of the required
that can take months or years to complete.
match by the end of FY2021.
Accounts of why recipients spend when they do might help
The most recent annual grants expenditure report available
inform assessments of funding needs and, if further funding
from the EAC as of this writing, which the agency released
is proposed, decisions about how to structure such funding.
in July 2022, identified various themes in states’ spending
They might help Members identify trade-offs involved in
of the FY2018 and FY2020 HAVA payments. Those
providing funding on a one-time versus an ongoing basis,
themes included spending on conducting postelection
for example, and determine whether or how to set
audits, offering cybersecurity training, hiring dedicated
conditions on how funding is used.
cybersecurity staff, scanning election systems for potential
vulnerabilities, and replacing or enhancing voting
Timing of Reporting
equipment or voter registration systems.
As noted above, recipients of FY2018 and FY2020 HAVA
payments are subject to some general and EAC reporting
Potential Considerations for Congress
requirements. However, the appropriations acts that
The Consolidated Appropriations Act, 2022, provided $75
provided the funding themselves did not require any
million under the same provisions of HAVA as the FY2018
particular reporting or report timing.
and FY2020 consolidated appropriations acts, and
Congress has chosen to mandate specific reporting
proposals have been offered in the 117th Congress to
schedules for HAVA payments in other cases. The CARES
authorize or appropriate more elections funding for states,
Act required recipients of its HAVA funds to report on their
territories, and DC. The For the People Act of 2021 (H.R.
spending within 20 days of each election in the 2020 federal
1/S. 1/S. 2093) would authorize grant funding for replacing
election cycle, for example, and the Consolidated
paperless voting systems and making certain other
Appropriations Act, 2022, requires quarterly and annual
improvements to voting system security, for example, and
reports. Members might consider whether they would want
the Financial Services and General Government
to specify reporting requirements for any future elections-
Appropriations Act, 2023 (H.R. 8254) would provide $400
related payments. If so, they might consider how to balance
million for general improvements to the administration of
oversight needs against other considerations, such as the
federal elections.
concerns some voiced in the 2020 election cycle about
The planned and reported spending of the FY2018 and
possible conflicts for election officials between complying
FY2020 HAVA payments suggests some issues that may be
with the CARES Act’s reporting requirements and fulfilling
of interest to Members as they assess the need for further
their other postelection responsibilities.
funding, evaluate pending funding proposals, or develop
new proposals.
Karen L. Shanton, Analyst in American National
Government
IF11356
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Election Security: States’ Spending of FY2018 and FY2020 HAVA Payments

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