Training and Technical Assistance to the Secretary of State/Chief Election Official

1. Training and Technical Assistance to the Secretary of State/Chief Election Official facilitated by Melvenia Wright, Program Specialist Administration on Developmental Disabilities

2. Webinar Overview • inform states/territory (grantees) of their responsibilities • remind states/territory (grantees) of the Administration on Developmental Disabilities (ADD) responsibilities • highlight reporting requirements • share best practices • identify areas of concern • share methods utilized to resolve concerns • answer state/territory (grantees) questions and • receive suggestions from states/territories (grantees) to assist ADD in providing better training and technical assistance.

3. Help America Vote Act (HAVA) of 2002 • signed into law by former President George W. Bush on October 29, 2002 • contains several provisions that enable State governments to • Establish; • Expand; and • Improve access to and participation in the election process by individuals with the full range of disabilities.

4. Statutory Authority • Public Law 107-252 • Title II, Subtitle D, Part 2 • Sections 261 to 265 • 42 USC 15421-25 • Payments to States and Units of Local Government to Assure Access for Individuals with Disabilities

5. OVERSIGHT OFSECTIONS 261 & 291 • The Help America Vote Act (HAVA) assigned responsibility for the Voting Access for Individuals with Disabilities (VOTE) program to the Secretary of U.S. Department of Health and Human Services (HHS). • The Secretary of HHS assigned responsibility for carrying out the program to the Administration for Children and Families (ACF). • Within ACF, the Administration on Developmental Disabilities (ADD) is responsible for the administration and oversight.

6. GRANT PROGRAMS ADMINISTERED BY ADD • MANDATORY PROGRAMS • Section 261 – Payments to States and Units of Local Government to Assure Access for Individuals with Disabilities (55 states & territories) • Voting Access for Individuals with Disabilities (VOTE) • Section 291 – Payments for Protection and Advocacy Systems (55 states & territories) • Protection & Advocacy Voting Access (PAVA) • Formula used (# of individuals 18 years of age and older eligible to vote) • DISCRETIONARY PROGRAMS • Training and Technical Assistance to assist Protection and Advocacy Systems – T/TA • 7 percent of the amount appropriated under section 291 is set aside to provide training and technical assistance with respect to the activities carried out. • Competitive process • Award up to four (4) grants

7. Section 261 – Payments to States and Units of Local Government to Assure Access for Individuals with Disabilities • Voting Access for Individuals with Disabilities (VOTE) • Upon appropriation of HAVA VOTE funds by Congress, ADD develops and publishes a Program Instruction. • The program instruction sets forth the requirements and conditions states must meet to receive the funds.

8. ELIGIBILITY REQUIREMENTS • As defined by Section 901 of HAVA, States (including the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, and the U.S. Virgin Islands) are eligible to apply. • In response to the mandatory program instruction, each state/territory must submit an application to the ADD annually. • The application must include: • Description of the activities the applicant intends to accomplish in each of the four mandatory areas. • Certifications and Signed Assurances • The name of the State and Chief Election Official/Secretary of State • Contact person: Name, title, address, phone, fax, and e-mail address. • Break down of how much money will be spent in each of the four areas. • An assurance stating that the state will submit an annual report to ADD for the Secretary describing how any funds authorized under HAVA were used with regard to the four areas during the grant year.

9. PROCESS • After the application is received by ADD, the process is as follow: • Application is thoroughly reviewed and approved by ADD. • Approval list of eligible states - forwarded to Office of Grants Management (OGM) • OGM submits approved information in to the grants system to generate grant award letter and terms and conditions. • Grant award letter and terms and conditions are sent to approved state and a copy of the letter is forwarded to ADD. • OGM forwards information to the Division of Payment Management (DPM) and the money is loaded in the Payment Management System (PMS). Each state/territory has a unique PMS account number.

10. GRANT AWARD Letter sent to each state/territory Title II, Subtitle D, Sections 261 to 265 of the Help America Vote Act (HAVA) (42 USC 15421-15425), payments to States and Units of Local Government. FY 2010 funds must be drawn down no later than September 30, 2015. Five years from award date. Although the authorization in the HAVA statute states the funds appropriated “shall remain available without fiscal year limitation until expended”, it is not included in the appropriation language.  The HAVA grant funds are awarded based on one (1) year appropriations and not “no year” funds. Therefore, the grant funds are only available for five years from the date of award which is in accordance with 31 U.S.C. § 1552. TERMS & CONDITIONS Sent to each grantee with the award letter. Outlines all of the requirements of the grant. By acceptance of this award, the State agrees to comply with the terms and conditions detailed below. Failure to comply with these terms and conditions may result in the loss of Federal funds and may be considered grounds for the suspension or termination of this grant. Information outlined in detail in the terms, conditions and provisions: PROGRAM STANDARDS ADMINISTRATIVE REQUIREMENTS SUB-RECIPIENTS AND VENDORS UNDER GRANTS FINANCIAL AND PROGRAM PROGRESS REPORTING PAYMENT ARRANGEMENTS Grant Award/Terms & Conditions

11. USE OF 261 FUNDS • FOUR AREAS • 1) Make polling places, including the path of travel, entrances, exits, and voting areas of each polling facility, accessible to individuals with the full range of disabilities (e.g., visual impairments, including blindness; hearing impairments, including deafness; the full rage of mobility impairments, including gross and fine motor impairments, emotional impairments, and intellectual impairments); • 2) Provide the same opportunity for access and participation (including privacy and independence) to individuals with the full range of disabilities; • 3) Provide training for election officials, poll workers, and election volunteers on how best to promote the access and participation of individuals with the full range of disabilities in elections for Federal office; and • 4) Provide individuals with the full range of disabilities with information about the accessibility of polling places.

12. REPORTING REQUIREMENTS • Annual Financial Reports • Expenditures are to be reported using a Financial Status Report Short Form (SF-269A). Annual financial reports should be submitted 90 days after the end of each 12-month period. • There is an option of submitting financial reports online through the Online Data Collection (OLDC) system. • Contact – Lydia Peele – Financial Management Specialist, OGM – lydia.peele@acf.hhs.gov (202) 401-6493 • Annual Narrative Reports • States/territories must submit annually a narrative report that describes how funds are used with regard to the four areas. • The annual narrative reports are due no later than December 31st of each year. • OMB Approved Format • Narrative Report Format & Guidelines • Contact – Melvenia Wright, Program Specialist, ADD – melvenia.wright@acf.hhs.gov (202) 690-5557

13. AREAS OF CONCERN • In September 2008, some of the unused funds awarded to the SOS for fiscal year 2003 were returned to the treasury. • The language noted in the statute reads “funds available until expended.” • Grant funds are only available for five years from the date of award. HAVA funds are awarded to the States based on one year appropriations and not “no year” funds which is in accordance with 31 U.S.C. § 1552.  • Applications and annual narrative reports are not always submitted in a timely fashion.

14. ADD ATTEMPTS TO RESOLVE CONCERNS • Meetings with the NASS Executive Director, Leslie Reynolds; • Participation at NASS Winter Conferences; • Follow up with individual states regarding state specific concerns; • Provide one-on-one training and technical assistance to states; • Annual e-mail reminders regarding last day to draw down on funds; • On-going e-mail reminders; • Sent out letters to each state/territory to summarize spending trend and available money from fiscal year 2003 – fiscal year 2010 (report obtained through the Payment Management System (PMS); and • Webinar.

15. Examples of Allowable Costs The items listed below are examples. This is not an all inclusive list of allowable costs. • Information Dissemination • Brochures • Manuals • Printing • Alternate forms of information i.e. Braille, Large Print, etc. • Training • Advertising/Public Relations • Public Service Announcements • Radio commercials • DVD • Salaries/Wages/ Fringe Benefits • Help America Vote Act (HAVA) staff, web designers, • Supplies • Public Service Announcements • Radio • Voting equipment • Computer software i.e. database systems • Temporary Improvements • Parking signs • Cones • Portable Ramps • Door hinges

16. Examples of unallowable costs These are categories of unallowable costs. • Construction - None of the Federal funds provided shall be used for construction or the purchase of land. (Please note this is the language taken directly from the terms & conditions of the VOTE grant that each state receives with the grant award letter. This is not new information or a change in the grant language.) • Bad Debts • Contributions - Contributions or donations to others • Entertainment Costs - Cost of entertainment, meals, diversions and ceremonials • Fines and Penalties

17. BEST PRACTICES • Long term agreements with polling sites indicating the intended time frame secured as a polling site • Statewide Advisory Committees with election stakeholders • Utilize other funding streams of money to ensure ADA compliance • Collaborations & Partnerships with disability related organizations i.e. Developmental Disabilities Council, University Centers for Excellence in Developmental Disabilities • Collaborative efforts with the Protection & Advocacy Systems (P&As) • Examples of States collaborating with the P&As: Michigan, Montana, Connecticut and Vermont

18. DIVISION OF PAYMENT MANAGEMENT • http://www.dpm.psc.gov • The Division of Payment Management (DPM) • provides centralized electronic grant and grant-type payment, cash management, and grant accounting support services to the Department of Health and Human Services (HHS). • serves as a fiscal intermediary between federal awarding agencies and award recipients. • designated by OMB as the Federal Government’s central collection point for interest earned on advances of Federal grant and grant-type funds. • Training • WEBINAR • feature training on system access, completing a payment request, performing account inquiries, requesting reports, and completing the Federal Financial Report. • Wednesday, September 15, 2010 at 1:00 PM EST • Wednesday, December 15, 2010 at 1:00 PM EST • POWERPOINT PRESENTATION • VIDEO

19. QUESTIONS

20. SUGGESTIONS FOR ADD

21. THANK YOU FOR PARTICIPATING IN THE WEBINAR!!