Purpose: The federal government passed HAVA and made the funding available to replace punch card voting and improve the administration of elections. No mechanism was outlined by the federal government as to how to distribute the funds other than a grant method may be used. RCW 29A.04.450 was passed giving the Secretary of State authority to create a grant program.

     The rules will accomplish the creation of local government grant program and the distribution of funds to pay for the replacement of punch card voting and the improvement of election administration.

     Statutory Authority for Adoption: RCW 29A.04.450.

     Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

     Reasons for this Finding: A mechanism must be in place to distribute the $62 million in federal funds allocated to the state for the implementation of the Help America Vote Act. The funds are to be used for the replacement of punch card voting machines, placement of disability access machines and the improvement of election administration. We received HAVA funds on August 10, 2004.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 12, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 12, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 12, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 12, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: October 28, 2004.

Steve Excell

Assistant Secretary of State

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     (2) The Advisory Board shall review and recommend to the Secretary which proposals to fund. The recommendation of the Advisory Board is not binding and the Secretary shall make the final determination on funding of all local government grant proposals. If the Secretary declines to fund a proposal, in all or part, recommended by the Board he or she shall issue a written explanation of the decision. The Advisory Board will monitor the grant process to assure that grant money is distributed equitably.

     (3) The Advisory Board shall meet quarterly on the third Thursday of the first month of the quarter. The date of the regularly scheduled meeting of the Advisory Board may be moved to coincide with another meeting attended by the county auditors on the board.

     (4) Travel expenses for the Advisory Board members shall be reimbursed in accordance with state travel reimbursement rates.

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     •     Punch card buy-out

     •     DRE Funding

     •     New voter registration or election management systems to integrate with the statewide voter registration database

     •     HAVA poster

     •     Development of a Free Access system for provisional ballots

     •     Voter Registration forms

     •     Provisional balloting materials

     (2) All other proposals for HAVA funding shall be assigned to Priority #2. Priority #2 items are allowed under HAVA but not necessarily required by federal law. Examples of Priority #2 proposals would be:

     •     Local Voters Pamphlets

     •     Outreach/Education programs

     •     Alternative Language requirements

     •     Poll worker training

     •     Voting equipment beyond the minimum HAVA requirement

     •     Accessibility issues

     (3) Each grant proposal shall indicate which priority, either one or two, the project is associated with. The Advisory Board shall review the applicant's assessment of the priority level of the proposal and make a recommendation to the Secretary accompanying the Board's recommendation on funding the proposal.

     (4) Except as provided by this section, all proposals for HAVA funding will be submitted to the Advisory Board for review and assessment of a priority level prior to final review by the Secretary of State. An exception to this requirement exists for funds appropriated for the replacement of punch card voting systems and the installation of the minimum number of Disability Access machines, as required by HAVA and outlined in the state plan. This funding will be provided directly to counties as they purchase these systems.

     (5) Grant requests received up to December 31, 2004 and totaling under $30,000 do not need to be reviewed by the Advisory Board and may be processed and funded at the Secretary's discretion.

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     (a) Replacement or upgrade of voting equipment, including the replacement of punch card voting machines;

     (b) Purchase of additional voting equipment, including the purchase of equipment to meet the disability requirements of the Help America Vote Act;

     (c) Increasing accessibility to poll sites or election offices for disabled persons;

     (d) Purchase of new election management system hardware and software capable of integrating with the statewide voter registration system required by the Help America Vote Act;

     (e) Development and production of poll worker recruitment and training materials;

     (f) Voter education programs;

     (g) Publication of a local voters pamphlet;

     (h) Toll-free access system to provide notice of the outcome of provisional ballots;

     (i) Education and training for local election officials;

     (j) Temporary personnel.

     The above list is not meant to be inclusive, and other activities may be considered on a case-by-case basis. Local election offices may apply for a grant to retro-actively fund the purchase of election voter registration systems or vote tabulation systems that were purchased prior to the implementation date of the local government grant program. The Advisory Board may also recommend retroactively funding proposals that clearly further the goals of the Local Government Grant Program and HAVA.

     (2) The following are examples of activities that are ineligible for support through grants administered pursuant to this chapter:

     (a) Projects already completed, other than the purchase of voter registration systems or vote tabulation systems;

     (b) Equipment nonessential to the conduct of election activities;

     (c) Capital improvements to buildings, other than to facilitate accessibility;

     (d) Payments to lobbyists;

     (e) Hospitality expenses;

     (f) Prizes/awards;

     (g) Benefit activities (social, fundraisers, etc.);

     (h) Educational outreach not related to elections;

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     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 434-390-050   Eligible applicants.   Only County elections officials are eligible to apply for grants under this chapter.

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     (2) A summary will be prepared by the Secretary of State for each complete application and forwarded to the Advisory Board. The committee will review the applications and make funding recommendations to the Secretary of State.

     (3) The office of the Secretary of State will notify the applicant in writing as to the final disposition of all proposals.

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     (2) Local election officials from more than one county may submit one grant proposal for a project implemented in multiple counties.

     (3) Prior to accepting a Priority 2 grant, the county must certify that they will be in full compliance with the provisions of HAVA by the deadlines established in the act.

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     (2) Priority #2 grant proposals may be submitted for review on a cyclical basis according to the following schedule;

     1st Cycle - opening April 1, 2005 closing June 30, 2005.

     2nd Cycle - opening July 1, 2005 closing September 30, 2005.

     3rd Cycle - opening October 1, 2005 and closing December 31, 2005

     4th Cycle - opening January 1, 2006 and closing March 31, 2006.

     (3) Grant proposals for Priority #2 grants must be received by the last day of the cycle. If funds are available after the 3rd Cycle, additional grant cycles may be added until all of the funds in the Election Account have been expended.

     (4) Funds in the amount of $20 million will be allocated to fund Priority #2 grants. Of the $20 million, $10 million will be protected, but not guaranteed, for a period of one year and made available to counties according to the number of registered voters to ensure that every county has an opportunity to receive funding for major purchases under Priority #2. The apportioned funds will be set aside for a period of 12 months to allow counties an opportunity to assess needs and submit their grants without the concern that other counties may deplete the fund.

     (5) During each grant cycle up to $5 million will be available for competitive grant proposals, until the $20 million has been expended.

     (6) Remaining monies in the Election Account not allocated to the grant cycles would be held in reserve for future prioritization. These monies could be allocated to statewide or county projects at any time by the Secretary.

     (7) The Secretary of State may adjust the funding limits for each grant cycle or establish additional grant cycles at any time, based on a recommendation of the Advisory Board and the availability of funds, needs of counties, and information learned during the initial grant cycles.

     (8) At the conclusion of the one year period for Priority #1 grants, the Secretary, upon recommendation of the Advisory Board, may move monies allocated to first priority grants and/or allocate funds held in reserve to the second priority grant program upon a determination that priority one grant needs have been met

     (9) The grant payment and reporting schedule will be approved and published by the Advisory Board for each grant as long as eligible funds are available from the election account established in the state treasury by the legislature (RCW 29A.04.440). All unused grant funds and interest in possession of the grantee must be returned to the state local government grant program within sixty days of completion.

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     (1) Grant money that is not used immediately to purchase goods or services from a vendor must be deposited in an auditable, interest-bearing account. Interest received must be applied to the project or returned to the Secretary of State.

     (2) Grant work must be monitored in progress. The Secretary of State or his designee may visit the local election office for review at any time during the project.

     (3) Changes in the approved grant, including changes of personnel, must be requested in writing to the Secretary of State.

     (4) In the case of default by the grantee, the grant will be revoked and all unused funds must be returned to the state local government grant program. The Secretary of State will notify the grantee of default in writing.

     (5) The grantee shall submit a final grant report within thirty (30) days of completion of the project.

     (6) Grantees must submit copies of all invoices with the final report, and

     (7) Grantees must adhere to local and state bid requirements and submit documentation with the final grant report.

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     (2) A board member shall abstain from reviewing or voting on proposals if she/he is directly or indirectly connected with a proposed project through employment at the same election office, (directly or) indirectly supervises the project, or serves as an unpaid consultant to the project.

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