COMPLAINT TO THE HAWAII STATE ELECTION COMMISSION Re: HAVA Requirements Payments, Lack of a Current Compliant State Plan, and Continued Acceptance and Use of Federal HAVA Funds Complainant: Peter Bernegger 1806 Brynnwood Trace New London, WI 54961 (920) 551-0510 peter@electionwatch.info TO: State of Hawaiʻi Elections Commission (“Commission”)
I. INTRODUCTION 1. This complaint concerns the State of Hawaii’s ongoing receipt and use of federal funds under the Help America Vote Act of 2002 (“HAVA”) while lacking a current, valid, and compliant HAVA State Plan meeting federal requirements. 2. Complainant respectfully requests that the Commission direct the Chief Election Officer, Scott Nago, to: a. implement the required State Plan for HAVA requirements payments; b. ensure that such State Plan is certified and compliant with federal law; and c. repay to the federal government approximately $30 million in HAVA funds, subject to audit and interest calculations, as required by federal law cited below. 3. Hawaii’s publicly available HAVA State Plan is dated 2004 and repeatedly describes itself as a “Preliminary State Plan.” 4. Critically, the 2004 Plan contains explicit admissions that Hawaii “Does Not Meet” the federally required State-based administrative complaint procedures formerly codified at HAVA § 402 and now codified at 52 U.S.C. § 21112, while acknowledging that such procedures are a condition of receiving HAVA funds. 5. The Commission should require immediate corrective action, including adoption of a current HAVA State Plan meeting all elements required by federal law, lawful publication of any material changes through the federally required process, and a full accounting and compliance review tied to the continued receipt and use of HAVA funds.
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