Gracia Hillman, Chair, U.S. Election Assistance Commission (EAC)

Kevin Shelley may have resigned the office of Secretary of State of California ten days ago, but the U.S. Election Assistance Commission (EAC), responsible for disbursing billions of dollars in federal funds under the Help America Vote Act of 2002 (HAVA), voted unanimously on January 27, 2005, "to conduct a special audit of California’s use of federal funding for election reforms under the Help America Vote Act of 2002 (HAVA). Specifically, the special audit will focus on approximately $27 million disbursed to California under Title I, Section 101 of the law that was managed by the California secretary of state’s office. To date, the state has reported spending roughly $6.9 million of that amount."

In a press release announcing this decision, EAC Chair Gracia Hillman said:

"I am certain that Congress and the American voters expect EAC to conduct judicious review of state HAVA spending to ensure that these funds are being spent in full compliance with the law. The California State Auditor’s report of spending by the office of Secretary of State Kevin Shelley flagged a number of egregious issues that we felt need attention now rather than later."

The press release provided some background for the Commission's investigation of how California, under the leadership of former Secretary of State Shelley, handled the federal funds provided to it for electoral reform:

"EAC is authorized under HAVA to conduct special audits of how states spend their funding and request involvement of other federal entities in reviewing HAVA funding matters. Before taking today’s vote on California, the Commissioners first adopted a general policy for the conduct of special audits (to apply to all states). Special audits differ from regular audits in both their timing and scope."

The EAC press release went on to say that:

"Based upon the outcome of today’s decision on the California special audit, EAC will move forward immediately to contract with another federal agency or private firm to carry out the California special audit. Further details, including a timetable for the release of the special audit results and report, will be available when the contract is established."

In an e-mail sent to Etopia Media Voting News on February 15, 2005, an EAC spokesperson indicated that "the scope of work document for the California special audit is not yet available." This "scope of work document" will serve as a Request for Proposal (RFP) enabling EAC "to contract with another federal agency or private firm to carry out the California special audit."