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Second Appeal Brief
FEMA 1603 &1
PA ID# 000-UE8TP-00; Louisiana Department of State
PW ID# Project Worksheets 707, 1006, and 4169; Rescheduled Elections
FEMA-1603-DR-LA and FEMA-1607-DR-LA; Louisiana Department of State,
PWs 707 (FEMA-1607-DR-LA), 1006 and 4169 (FEMA-1603-DR-LA) Cross-reference:
Prior to Hurricanes Katrina and Rita, elections were scheduled in Orleans,
Vermillion and Calcasieu Parishes and were postponed as a result of the hurricanes.
The Applicant submitted PW 1006 to address costs of replacement ballots for rescheduled elections ($3,830); PW 4169 was submitted to address costs of rescheduling elections and setting up temporary polling precincts in Orleans Parish ($1,709,573); PW 707 was submitted to address costs of rescheduling elections and setting up temporary polling precincts in Vermilion and Calcasieu Parishes ($8,757). FEMA did not approve the PWs because reimbursement of election costs is not an eligible expense.
The Applicant submitted its first appeal on June 14, 2006, stating that the costs incurred to reschedule elections in several Louisiana parishes, as well as costs to restore the election process, were the same types of expenses that FEMA reimbursed in another disaster. FEMA denied the Applicants first appeal based on the determination that the costs of conducting rescheduled elections are not eligible because they are indirect costs that cannot be directly tied to the performance of eligible work, and that the Applicants actions in setting up temporary polling precincts did not meet the eligibility criteria regarding temporary relocation facilities. In its September 2007 second appeal letters, the Applicant reiterated its original claims in the first appeal. It also stated that FEMA funded PWs for costs associated with rescheduled elections in three previous disasters. Support documents included copies of PWs from FEMA-1391-DR-NY, FEMA-1539-DR-FL, and FEMA-1604-DR-MS, copies of the State of Louisianas emergency election plan and the Governors executive order to postpone and reschedule elections, rescheduled election costs estimate worksheets, copies of employee payroll records.Issues:
1. Do the costs associated with conducting rescheduled elections meet the eligibility criteria for Public Assistance?
2. Are the costs associated with establishing temporary polling precincts eligible for Public Assistance?Findings:
Stafford Act Section 403; Disaster Assistance Policy 9523.3, Provision of Temporary Relocation Facilities