W. Va. Code R. § 153-10-5

Current through Register Vol. XLI, No. 44, November 1, 2024

Section 153-10-5 - Application Review and Approval Process

5.1. For the purpose of a county obtaining a grant from this program:

5.1.1. The Secretary shall notify each clerk of the option to apply for an election system grant from the Fund. The period to apply for a grant shall remain open for 30 days from the date of the notice given to the clerk.

5.1.2. No later than 10 days after the close of the period to apply for a grant, the HAVA Grant Board shall hold a public meeting at a location designated by the Secretary for the purpose of reviewing the properly submitted applications. The HAVA Grant Board shall vote on whether to approve or deny each application. In reaching its decision, the HAVA Grant Board should consider the following:

5.1.2.a. The amount requested by the applicant;

5.1.2.b. The total amount of all requests made by all applicants;

5.1.2.c. A pro rata fraction of funds available at the time of the request. The numerator of the fraction shall be the number of registered voters in that county, and the denominator shall be the total number of registered voters in the State as of the most recently passed federal presidential election.

5.1.3. No later than 10 days after the HAVA Grant Board meeting, 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 any clerk whose application is denied by the HAVA Grant Board may appear and present good cause to the State Election Commission as to why their application should be granted.

5.1.4. The decision of the State Election Commission shall be full and final.

5.1.5. Upon approval, the county and State Election Commission shall execute any and all necessary documents required by each and perform their duties accordingly.

5.2. For the purpose of a county obtaining a loan from this program:

5.2.1. Upon receipt of a completed application for a loan, the State Election Commission shall review and approve the application, deny the application, or request additional information within 45 days. Any denial shall include a letter setting forth the reason or reasons for the denial. Any county commission receiving a denial has 30 days to amend its original application in order to comply with any necessary changes required by the State Election Commission.

5.2.2. Once a county commission has met all of the requirements of this rule, the State Election Commission shall approve the loan if funds are available.

5.2.3. Upon approval, the county commission and the State Election Commission shall enter into a contract for the repayment of the loan by equal monthly or annual payments for the length of the contract, not to exceed five years to obtain the equipment, software, and services.

5.2.4. Upon written request by the county commission, the State Election Commission may extend the repayment of the loan on a year-to-year basis for a period not to exceed five additional years. Nothing in this section should be construed to allow a loan to continue for more than 10 years from the date of the signing of the agreement.

5.2.5. Unanimous approval by the State Election Commission is required when a county commission applies for a subsequent loan from the Fund while such county commission has an outstanding loan from the fund.

W. Va. Code R. § 153-10-5