EAC Providing Legal Advice To Elections Officials Regarding Use Of HAVA section 101 & 251 Funds. Is This A Slushy? I got some questions from reading the EAC page regarding use of HAVA Funds for COVID. The EAC issued guidelines related to use of HAVA grant funds for COVID related expenses.  (See link.) https://www.eac.gov/election-officials/guidance-use-hava-funds-expenses-related-covid-19 "This guidance applies to all HAVA funds granted to the state, including recent HAVA section 101 funds awarded with 2018 and 2020 appropriations" Q1:  Why would HAVA section 101 funds from the 2018 appropriations allow COVID costs? States elections officials have been advised by EAC that they can use HAVA funds under the restrictions of the HAVA section 101 & 251 grants. "HAVA neither expressly authorizes nor prohibits the use of section 101 or section 251 funds for expenditures necessary to protect against and respond to a pandemic." Q2:  Is the absence of mention in HAVA sufficient to enable use of HAVA funds?  I haven't read HAVA, but I'd be very surprised if it didn't also "neither expressly authorizes nor prohibits the use of section 101 or section 251 funds for expenditures necessary to protect against and respond to" invasion by aliens from Mars. Q3:  What gives EAC the authority to advise Elections Officials about the HAVA grant requirements? "Guidelines and requirements governing allowable costs under grants are found in 2 CFR 200.400, Subpart E, Cost Principles. To be allowable under a grant, costs must be necessary, reasonable and allocable to the grant." ... " This is an assessment each state makes, but the EAC is of the opinion that expenditures related to the protection of the health and safety of poll workers, staff, and voters during federal elections as well as those resulting from unanticipated increased demand for vote by mail costs (e.g. printing ballots, postage, etc.), equipment, temporary staff, and similar costs due to COVID-19 would satisfy these elements. " Q4:  Do these guidelines favor some states and penalize others?  Is that Fair? Q5:  How do State Elections Officials support how much of the mail in ballots costs are necessary because of COVID?  Is this auditable?  Q6:  Were mail in ballots really required for COVID? Q7:  Is the COVID designation a slushy?