States are free to use federal grant money intended to improve how elections are run in order to pay for criminal investigations of potential voter fraud, the U.S. Election Assistance Commission (EAC) has ruled.
The federal commission, which oversees The Help America Vote Act (HAVA) spending, couldn't decide whether the spending was allowed because it had no members for years. The commission started operating again in January, when three appointees, two Republicans and a Democrat, joined after winning U.S. Senate confirmation, and it has been whittling away at unfinished business.
In a 3-0 decision that wasn't discussed in public, the members agreed in an Aug. 13, 2015 advisory that Iowa's use of the money was "allowable and reasonable." The Help America Vote Act requires states to ensure that voter registration records are accurate and leaves to them "the specific choices on the methods of complying," the advisory said.
The commission's opinion is a relief to election administrators in Iowa, who will not have to pay back $240,000 in federal money that was used for a contentious voter fraud investigation that ended last year. But critics of Iowa's investigation said they were surprised that the commission found that HAVA grants could be used for such a purpose, and worried that other states could follow suit.
Months before the 2012 presidential election, then Iowa Secretary of State Matt Schultz reached an agreement to pay the salary and expenses of a full-time Iowa Division of Criminal Investigation agent for two years. Schultz, a Republican, asked the agent to investigate "instances of potential criminal activity in the areas of voting, voter registration, election misconduct and election administration." The investigation led to charges against 10 non-U.S. citizens and 16 ex-felons accused of casting ballots despite not having voting rights.
Democrats and civil rights groups called the investigation an attempt to intimidate voters and a waste of money. They also argued that it was an inappropriate use of funding from the HAVA, which was passed in 2002 to improve elections and has provided more than $3 billion to states. The money has been spent on items such as polling equipment, technology and training.
In a May 2014 report summarizing the investigation, the Iowa Secretary of State's office said it identified 117 illegal votes that were cast. The initiative "clearly improved the administration of elections" by removing illegal voters from registration lists and uncovering inaccuracies in the state's file of ineligible felon voters, the report said.
Prosecutors declined to bring charges in a majority of the cases, noting confusion and a lack of criminal intent in some cases.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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