§ 37.085 HAVA SECTION 101 VOTING SYSTEM FUND, A NON-REVERTING FUND.
   (A)   Funding. The HAVA Section 101 Voting System Fund, a non-reverting fund, is established for the deposit of monies received from HAVA Section 101 and state matching funds and to pay any outstanding obligations incurred by the county for purposes set out in HAVA Section 101, including voting system purchased subject to the reimbursement.
   (B)   Use of funds. The Lake County-Council pledges that Section 101 requirement monies and state matching funds received by the county will be used to pay any outstanding obligations incurred by the county for the voting system purchase subject to the reimbursement.
   (C)   Use of excess funds. The Lake County Council pledges that if the obligations incurred by the county to obtain this voting system have been paid in full or in part as of this date, that the remaining HAVA Section 101 requirement monies and state matching funds will be used to improve the administration of elections for federal office in the county.
   (D)   Establishment of related fund. No later than 30 days after adoption of Ord. 1268G, the county will establish a separate non-reverting account in which all HAVA Section 101 requirement monies and state matching funds will be deposited.
   (E)   Refund of funds. Lake County agrees to refund the State of Indiana no later than May 1, 2006, an amount equal to the HAVA § 101 requirement monies and state matching funds received by the county if the Secretary of the State of Indiana and the co-directors of the Indiana Election Division determine on 4-1-2006, that the county has not:
      (1)   Provided at least one voting system in each polling place of the county no later than 4-1-2006 to permit a voter who is blind or visually impaired to vote privately and independently in accordance with I.C. 3-11-15; or
      (2)   Honored one or more of the certifications made by the county in this resolution regarding polling place accessibility or the permitted uses of those funds.
   (F)   Appropriations. Pursuant to I.C. 36-2-5-2(b), the Lake County fiscal body shall appropriate all money to be paid out of the Fund, except as otherwise provided by law.
   (G)   Reversion of remaining funds. Any money remaining in the Fund at the end of the reimbursement period pursuant to HAVA Section 101 shall revert to the State of Indiana.
(Ord. 1268G, passed 10-12-2005)