2010-16849. Publication of State Plan Pursuant to the Help America Vote Act

AGENCY:

U.S. Election Assistance Commission (EAC).

ACTION:

Notice.

SUMMARY:

Pursuant to Sections 254(a)(11)(A) and 255(b) of the Help America Vote Act (HAVA), Public Law 107-252, the U.S. Election Assistance Commission (EAC) hereby causes to be published in the Federal Register changes to the HAVA state plan previously submitted by South Dakota.

DATES:

This notice is effective upon publication in the Federal Register.

FOR FURTHER INFORMATION CONTACT:

Bryan Whitener, Telephone [phone] or 1-866-747-1471 (toll-free).

Submit Comments: Any comments regarding the plans published herewith should be made in writing to the chief election official of the individual state at the address listed below.

SUPPLEMENTARY INFORMATION:

On March 24, 2004, the U.S. Election Assistance Commission published in the Federal Register the original HAVA state plans filed by the fifty states, the District of Columbia and the territories of American Samoa, Guam, Puerto Rico, and the U.S. Virgin Islands. 69 FR 14002. HAVA anticipated that states, territories and the District of Columbia would change or update their plans from time to time pursuant to HAVA Section 254(a)(11) through (13). HAVA Sections 254(a)(11)(A) and 255 require EAC to publish such updates. This is the fifth revision to the state plan for South Dakota.

The amendments to South Dakota's state plan provide for compliance with the Military and Overseas Voter Empowerment Act (MOVE Act); include additional information regarding the state's utilization of HAVA funds for additional personnel working on HAVA related projects and for requirements of HAVA Section 301(a)(4); and reflect how the state intends to use its FY 2010 Requirements Payments. In accordance with HAVA Section 254(a)(12), all the state plans submitted for publication provide information on how the respective state succeeded in carrying out its previous state plan. South Dakota confirms that its amendments to the state plan were developed and submitted to public comment in accordance with HAVA Sections 254(a)(11), 255, and 256.

Upon the expiration of thirty days from July 12, 2010, the state is eligible to implement the changes addressed in the plan that is published herein, in accordance with HAVA Section 254(a)(11)(C). EAC wishes to acknowledge the effort that went into revising this state plan and encourages further public comment, in writing, to the state election official listed below.

Chief State Election Official

Secretary Chris Nelson, Secretary of State, State Capitol, Suite 204, 500 East Capitol, Pierre, SD 57501-5070, Phone: [phone], Fax: [phone].

Thank you for your interest in improving the voting process in America.

Dated: July 6, 2010.

Thomas R. Wilkey,

Executive Director, U.S. Election Assistance Commission.