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Election Advisory No. 2019-14

To: Election Officials
From: Keith Ingram, Director of Elections
 Keith Ingram's signature
Date: September 2, 2019
RE: Help American Vote Act (HAVA) Funded Equipment Disposition

In 2004, the Secretary of State’s office began awarding federal funding to Texas counties in response to the Help America Vote Act (HAVA) of 2002. Although the grants awarded to the counties have been expired for a number of years, the federal awards were not closed-out at the state-level until recently via correspondence from the federal awarding agency, the US Election Assistance Commission (EAC). The EAC provided guidance on remaining responsibilities pursuant to the grant funds. Below is a summary of the requirements with county implications.

Records Retention

Pursuant to federal regulations and the award agreement between the state and the county, the county must maintain records for at least three years following the submission of the final expenditure report by the state. The applicable records retention expiration dates are listed below. After the indicated date, records may be disposed of according to county policy.

SOS Grant Award CFDA Number Funding % Funding Source Records Retention Expiration

Voting System Accessibility

(CFDA 90.401) 95% Fed / 5% State

Title II, Section 251

9/30/2019

General HAVA Compliance

CFDA 90.401) 95% Fed / 5% State

Title II, Section 251

9/30/2019

County Education Fund

(CFDA 39.011) 100% Fed

Title I, Section 101

9/30/2021

TEAM Compatibility

(CFDA 39.011) 100% Fed

Title I, Section 101

9/30/2021

Voting System (punch card/lever) Replacement*

 (CFDA 39.011) 100% Fed

Title I, Section 102

 Expired

*17 counties that used punch card or lever machines in the 2000 federal election.

Real Property and Equipment

HAVA-funded equipment may be used for its original purpose for as long as needed. However, for equipment that is still in use, inventory records must be maintained that include the following:

  1. description;
  2. serial number;
  3. source of funding;
  4. who holds the title;
  5. acquisition date;
  6. the cost;
  7. % of federal participation;
  8. the location;
  9. the use/condition;
  10. any ultimate disposition data.

Counties are encouraged to deposit income earned as a result of grant-funded activity, e.g., the leasing of HAVA-funded equipment, into a fund to further the objectives of the program, namely the ongoing costs of maintaining a HAVA-compliant voting system.

Counties should attempt to get trade-in value or sell HAVA-funded equipment after it is no longer needed for its original intended purpose, and use the proceeds toward replacement equipment or other related activities.

For equipment or property that has been disposed, records for such transactions must be maintained consistent with the schedule outlined in the “Records Retention” section of this advisory, unless county regulations require it to be retained longer.

Lastly, counties should take care to follow county equipment disposal policies and any applicable guidelines for the disposal of sensitive equipment, such as cleansing of electronic devices, etc. Be sure to consult your county purchasing agent.

KI:DG