Current through Register Vol. XLI, No. 50, December 13, 2024
Section 146-7-3 - Secretary of State Application for Grant Funding for the Purchase of Election Equipment or Security Upgrades3.1. The Secretary of State may apply to the State Election Commission for approval of a grant from the Fund to purchase of election equipment or security upgrades that further the administration of federal elections held in West Virginia: Provided, that such expenditures shall be limited to election equipment, systems, infrastructure, physical and cyber security upgrades, or any other lawful purpose permitted by the pertinent appropriation from Congress.3.2. The Secretary of State's request for approval to the State Election Commission shall be by written application, which shall include the following information: 3.2.1. The amount of grant money requested;3.2.2. The proposed use of funds, including type of equipment, software, and services to be purchased and the quantity thereof, if applicable;3.2.3. A description of the circumstances or justifications that require the Secretary of State, rather than individual counties, to seek a grant from the Fund for the proposed use(s); and3.2.4. A statement that the Secretary of State has the authority to make the proposed purchases through lawful purchasing procedures; and3.3. Upon receipt of an application from the Secretary of State, the State Election Commission shall refer the application to the HAVA Grant Board for its review and recommendation.3.4. The HAVA Grant Board shall convene no later than 30 days after receipt of a referral from the State Election Commission for the purpose of reviewing the application. 3.4.1. The Director of the Elections Division of the Secretary of State's office shall not participate in any deliberations concerning an application by the Secretary of State, and shall be prohibited from participating in the vote or other formal decision regarding the application.3.4.2. The Vice Chair of the HAVA Grant Board shall conduct the meeting. If no Vice Chair has been previously appointed, the HAVA Grant Board shall appoint a Chair for the purposes of conducting the meeting: Provided, that nothing in this Rule shall remove the authority of the Director of the Elections Division from serving as Chairperson of the HAVA Grant Board for all other applications by counties for grants from the Fund under 153 CSR 10.3.4.3. At the conclusion of the meeting, the HAVA Grant Board shall issue its written recommendation to the State Election Commission.3.5. No later than 10 days after the HAVA Grant Board issues its final recommendation, the State Election Commission shall meet to consider the recommendations of the HAVA Grant Board. The State Election Commission shall review and decide upon the recommendations of the HAVA Grant Board. Unless the decision of the HAVA Grant Board is arbitrary and capricious, the recommendations should be adopted by the State Election Commission: Provided, That if the Secretary of State's application is denied by the HAVA Grant Board, the Secretary of State or designee may appear and present good cause to the State Election Commission as to why their application should be granted.3.6. Grants may be approved by the State Election Commission, upon a recommendation by the HAVA Grant Board, only for the purchase of election equipment or security upgrades that further the administration of federal elections held in the state, where such expenditures are limited to election equipment, systems, infrastructure, physical and cyber security upgrades, or any other lawful purpose permitted by the pertinent appropriation from Congress. Furthermore, the State Election Commission shall consider any outstanding applications for grants by counties from the Fund, especially where approval of Secretary of State's application would result in a denial of a county application due to lack of sufficient funds.3.7. The decision of the State Election Commission shall be full and final.