A BILL TO BE ENTITLED
AN ACT to appropriate funds to the state board of elections to match federal funds on a nineteen‑to‑one ratio to implement the help america vote act of 2002 (HAVA), so as to improve election administration, to meet the maintenance of effort requirements of hava, and to establish the election fund required by that act.
Whereas, the Congress in 2002 enacted the Help America Vote Act of 2002, Public Law 107‑252 (HAVA), entitled an act to establish a program to provide funds to States to replace punch-card voting systems, to establish the Election Assistance Commission to assist in the administration of federal elections and to otherwise provide assistance with the administration of certain federal election laws and programs, to establish minimum election administration standards for States and units of local government with responsibility for the administration of federal elections, and for other purposes; and
Whereas, the North Carolina General Assembly in 2001 enacted Session Law 2001‑310, to ban punch‑card ballots effective January 1, 2006; and
Whereas, that act envisioned State appropriations to assist counties in this phase out; and
Whereas, Section 102 of HAVA provided for grants for states to replace punch‑card and lever voting machines, and Congress has appropriated to the State of North Carolina the sum of eight hundred seventy‑six thousand four hundred eighty‑eight dollars ($876,488) for the current federal fiscal year to implement Section 102 of HAVA; and
Whereas, Congress has appropriated to the State of North Carolina under Section 101 of HAVA the sum of seven million nine hundred thousand dollars ($7,900,000) for the current federal fiscal year to improve administration of elections; and
Whereas, the Congress has appropriated to the State of North Carolina under Title II of HAVA the sum of twenty‑two million six hundred thousand dollars ($22,600,000) for the current federal fiscal year to implement the provision of Title III of HAVA, or if all those requirements have been met to improve the administration of elections for Federal office.
Whereas, Title II of HAVA requires the State of North Carolina to match the Title II funds with proportionate State funding of five percent (5%) (Section 253(b)(5)) and to maintain the expenditures of the State for activities funded by the payment at a level that is not less than the level of such expenditures maintained by the State for the fiscal year ending prior to November 2000 (Section 254(a)(7)); and
Whereas, Section 254(b) of HAVA requires each State receiving funds to establish a fund to receive and disburse these funds; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  There is established a special fund to be known as the Election Fund. All funds received for implementation of the Help America Vote Act of 2002, Public Law 107‑252, shall be deposited in that fund. The State Board of Elections shall use funds in the Election Fund only to implement HAVA, and funds in the Election Fund are continually appropriated to the State Board of Elections for direct expenditures to implement HAVA and for payments to counties as provided by the State Board of Elections to implement HAVA.
SECTION 2.  G.S. 147‑69.2(a) is amended by adding a new subdivision to read:
"(17d)	The Election Fund."
SECTION 3.  There is appropriated from the General Fund to the Election Fund for fiscal year 2003-2004 the sum of one million one hundred thirty thousand dollars ($1,130,000) to match funds under the Help America Vote Act of 2002, Public Law 107‑252 (HAVA), so as to implement that act, and the sum of one million dollars ($1,000,000) to meet the maintenance of effort requirements of Section 254(a)(7) of HAVA.
SECTION 4.  Sections 1 and 2 of this act are effective when they become law. Section 3 of this act becomes effective July 1, 2003.