[Federal Register Volume 73, Number 133 (Thursday, July 10, 2008)]
[Notices]
[Pages 39679-39680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15690]


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ELECTION ASSISTANCE COMMISSION


Request for Public Comment on Proposed Guidelines Regarding Help 
America Vote Act (HAVA) Section 254(a)(11)

AGENCY: Election Assistance Commission.

ACTION: Notice.

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SUMMARY: The EAC seeks public comment on proposed guidelines designed 
to assist States in determining what constitutes a ``material change in 
the administration of a State plan'' under HAVA Section 254(a)(11).

DATES: Comments must be received on or before 4 p.m. on August 11, 
2008.

ADDRESSES: Comments must be submitted in either electronic or written 
form. Comments may be submitted electronically to [email protected]. 
E-mail comments should contain ``State Plan Guidelines Comments'' in 
the subject line. Written comments should be sent to: State Plan 
Guidelines Comments, U.S. Election Assistance Commission, 1225 New York 
Ave., NW., Suite 150, Washington, DC 20005. Commenters are encouraged 
to submit comments electronically to ensure timely receipt and 
consideration.

FOR FURTHER INFORMATION CONTACT:  Mr. Edgardo Cort[eacute]s, Acting 
Division Director, Election Administration Support Division, (202) 566-
3100 or toll-free (866) 747-1471.

SUPPLEMENTARY INFORMATION:

Guidelines on HAVA Section 254(a)(11): Material Changes in the 
Administration of HAVA State Plans

    A material change in the administration of the State plan (material 
change), as referenced by the Help America Vote Act (HAVA) Section 
254(a)(11), occurs under five different circumstances. These guidelines 
are based on the general federal requirements for updating State plans 
and post award changes contained in Office of Management and Budget 
Circular A-102 (41 CFR part 105-71). Material changes require a State 
to amend the State plan according to the provisions of HAVA Sections 
254, 255, and 256. The examples provided below may not be applicable in 
all circumstances; likewise, the specific instances for when the State 
plan should be amended are not limited to the examples provided. The 
Election Assistance Commission (EAC) advises States to amend the State 
plan in the event of any of following five circumstances:
    (1) New or revised Federal laws or regulations affecting HAVA

[[Page 39680]]

implementation. [Based on requirement in 41 CFR 105-71.111(d)(1)]
    New or amended Federal statutes or regulations, including 
appropriations statutes, resulting in a change in scope, purpose, 
budget, or period of availability of funds requires an amended State 
plan.

    Example: Congress passes legislation to amend the Title III 
requirements of HAVA.

    (2) New or revised State law, organization, or policy affecting 
HAVA implementation. [Based on requirement in 41 CFR 105-71.111(d)(2)]
    New or amended State statutes, organization, or policy resulting in 
a change in scope, purpose, budget, or period of availability of funds 
requires an amended State plan.

    Example: (1) State legislation is passed that changes the voting 
equipment requirements for the State, thus changing the method of 
implementation of Title III Voting Systems requirements; (2) The 
responsibility for implementing the plan was previously with the 
State Attorney General and has now changed to Secretary of State.

    (3) A budget change of 10 percent or more of the HAVA fiscal year's 
cumulative budget across budgeted programs, activities, functions or 
activities. [Based on requirement in 41 CFR 105-71.130(c)(1)(ii)]
    A change of more than 10 percent of the cumulative budget of the 
fiscal year's requirement payment from one budgeted category to another 
requires an amended State plan.

    Example: A portion of funds, greater than 10 percent of the 
requirements payment received, budgeted for use in developing the 
Computerized Statewide Voter Registration List is determined to no 
longer be needed for the budgeted purpose, and the State would like 
to use the funds for improvements to the administration of Federal 
elections.

    (4) A revision in the scope or objective of the project. [Based on 
requirement in 41 CFR 105-71.130(d)(1)]
    A change in the means by which a State plans to achieve the HAVA 
objectives requires an amended State plan.

    Example: (1) The State decides to purchase equipment at the 
State level instead of subgranting to the counties; (2) The State 
changes the development of the Computerized Statewide Voter 
Registration List from a bottom up system to a state centralized 
system; (3) The State files a certification under HAVA Section 
251(b)(2)(A), indicating that the State has implemented the 
requirements of Title III and will use the requirements payments to 
carry out other activities to improve the administration of 
elections for Federal office, and did not account for post-Title III 
compliance activities in the original State plan; (4) The State 
changes the type of voting system originally planned for use in 
Title III compliance; the State decides to use an optical scan 
system with ballot marking devices instead of a direct recording 
electronic (DRE) system.

    (5) An extension in the period of availability of HAVA funds. 
[Based on requirement in 41 CFR 105-71.130(d)(2)]
    An increase in the amount of funding authorized under HAVA 
appropriated to the State not provided for in the original State plan 
or funds remaining in a fiscal year not covered by the original State 
plan requires an amended State plan.

    Example: (1) A new requirements payment is appropriated for a 
fiscal year not covered by the State plan; (2) The State has funds 
from a previous fiscal year's requirements payment remaining in a 
fiscal year not provided for under the current State plan.

    Dated: July 2, 2008.
Thomas R. Wilkey,
Executive Director, U.S. Election Assistance Commission.
 [FR Doc. E8-15690 Filed 7-9-08; 8:45 am]
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