W. Va. Code R. § 153-10-3

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 153-10-3 - Eligibility for Grant Funding for Election Systems and Election System Upgrades

3.1. Any county commission requesting a grant from the Fund shall file an application verified by their Clerk with the Secretary.

3.2. The application shall be on a form provided by the Secretary and shall contain the following information:

3.2.1. The name of the county;

3.2.2. The amount of grant money requested;

3.2.3. The proposed use of funds, including type of equipment, software, and services to be purchased and the quantity thereof, if applicable;

3.2.4. A statement that the county has matching funds available equal to at least 15% of the cost of physical security upgrades or e-pollbooks and 50% of the cost of electronic voting systems, software, and services;

3.2.5. A statement that the county has die authority to purchase election systems, or election systems upgrades, through lawful purchasing procedures, no later than 120 days from receipt of the award;

3.2.6. A statement of the county indebtedness, arrearage, or obligation to the State of West Virginia or its agencies;

3.2.7. A copy of the resolution passed by the county commission authorizing the county to purchase election systems or election systems upgrades pursuant to the program;

3.2.8. The signatures of a majority of the county's commissioners and the Clerk; and

3.2.9. The date of the application; and

3.2.10. Other information required by the Secretary,

3.3. To be eligible for a grant from the Fund, a county applicant must meet all criteria in place at the time of the application and award, including, but not limited to, the following:

3.3.1. The county must be current in a repayment plan for any outstanding indebtedness, arrearage, or obligation to the State of West Virginia or its agencies;

3.3.2. The county must possess the ability to meet any obligation to match funds; and

3.3.3. The county must possess lawful authority to purchase election systems, or election systems upgrades, through lawful purchasing procedures no later than 120 days from receipt of the award.

3.4. A county commission must possess at least 15% of the cost of equipment, software, and services for e-pollbooks and may only obtain a grant from the Fund for up to 85% of the cost, to be determined by the HAVA Grant Board, based on availability of funds.

3.5. A county commission must possess at least 50% of the cost of the equipment, software, and services for electronic voting systems and may only obtain a grant from the Fund for up to 50% of the cost, to be determined by the HAVA Grant Board, based on availability of funds.

3.6. A county commission must possess at least 15% of the cost of equipment, software, and services for physical security measures to protect election systems and may only obtain a grant from the Fund for up to 85% of the cost, to be determined by the HAVA Grant Board, based on availability of funds.

3.7. Grants may be approved by the State Election Commission, upon a recommendation by the HAVA Grant Board, only for the purpose of improving the administration of elections for federal office by enhancing election technology and security. Grants may be used to purchase of election systems, election system upgrades, electronic voting systems, or provide for physical security. Purchases must be certified or otherwise approved by the State Election Commission, when necessary, and made pursuant to a lawful local procurement procedure.

3.8. The Secretary, at his or her discretion, based on county need and funding availability, may waive a portion or all of the county matching funds required by this section.

W. Va. Code R. § 153-10-3