Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Election Administration topic
No spam. Unsubscribe anytime.
Commission declines to place probate judge’s HAVA vehicle application on the agenda after legal questions
Summary
The commission discussed a probate judge’s proposed application for HAVA funds to purchase two vehicles for election use; commissioners and county counsel raised questions about permissible uses and future controls, and a motion to place the item on the agenda failed.
The Jefferson County Commission discussed a probate judge’s request to apply for Help America Vote Act (HAVA) funds to acquire two vehicles for use during elections, but the commission did not move the item forward after legal questions were raised.
County legal staff and several commissioners questioned whether HAVA permits vehicles to be purchased and retained in county fleet for broader use, and whether federal rules limit the funds to strictly election-related activity.
County legal counsel explained the mechanics and constraints as they understood them: the county would be the recipient of any award and the vehicles would become county vehicles if accepted. "The vehicles would be vehicles on — I would be responsible for the use of operation," counsel said, adding that whether the vehicles could be used outside federally covered elections would depend on the federal statute and the grant terms. Counsel also noted ambiguity in the statute as it relates to elections that are not federal contests and said the commission might consider guardrails if the grant is accepted.
Commission discussion referenced the Help America Vote Act (HAVA) and a public-law citation provided to the commission. Commissioners raised questions about insurance, fleet oversight and whether the grant would establish a new precedent for probate judges receiving vehicles dedicated to elections. One commissioner said, "This is a new instance ... this is a new precedent with probate judges," and urged caution.
A motion to put the probate judge’s HAVA application on the agenda failed (the motion “died” in the meeting), so the commission took no formal action on the application at this session. Commissioners indicated the item could be reintroduced with additional clarifications or conditions.
