US (United States) Code. Title 42. Chapter 146: Election administration improvement

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-CITE-

42 USC CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

-HEAD-

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

-MISC1-

SUBCHAPTER I - PAYMENTS TO STATES FOR ELECTION ADMINISTRATION

IMPROVEMENTS AND REPLACEMENT OF PUNCH CARD AND LEVER VOTING

MACHINES

Sec.

15301. Payments to States for activities to improve

administration of elections.

(a) In general.

(b) Use of payment.

(c) Use of funds to be consistent with other laws

and requirements.

(d) Amount of payment.

15302. Replacement of punch card or lever voting machines.

(a) Establishment of program.

(b) Eligibility.

(c) Amount of payment.

(d) Repayment of funds for failure to meet

deadlines.

(e) Punch card voting system defined.

15303. Guaranteed minimum payment amount.

(a) In general.

(b) Pro rata reductions.

15304. Authorization of appropriations.

(a) In general.

(b) Continuing availability of funds after

appropriation.

(c) Use of returned funds and funds remaining

unexpended for requirements payments.

(d) Deposit of amounts in State election fund.

(e) Authorization of appropriations for

Administrator.

15305. Administration of programs.

15306. Effective date.

SUBCHAPTER II - COMMISSION

PART A - ESTABLISHMENT AND GENERAL ORGANIZATION

SUBPART 1 - ELECTION ASSISTANCE COMMISSION

15321. Establishment.

15322. Duties.

15323. Membership and appointment.

(a) Membership.

(b) Term of service.

(c) Chair and vice chair.

(d) Compensation.

15324. Staff.

(a) Executive Director, General Counsel, and other

staff.

(b) Experts and consultants.

(c) Staff of Federal agencies.

(d) Arranging for assistance for Board of Advisors

and Standards Board.

(e) Consultation with Board of Advisors and

Standards Board on certain matters.

15325. Powers.

(a) Hearings and sessions.

(b) Information from Federal agencies.

(c) Postal services.

(d) Administrative support services.

(e) Contracts.

15326. Dissemination of information.

15327. Annual report.

15328. Requiring majority approval for actions.

15329. Limitation on rulemaking authority.

15330. Authorization of appropriations.

SUBPART 2 - ELECTION ASSISTANCE COMMISSION STANDARDS BOARD AND

BOARD OF ADVISORS

15341. Establishment.

15342. Duties.

15343. Membership of Standards Board.

(a) Composition.

(b) Procedures for notice and certification of

appointment.

(c) Executive Board.

15344. Membership of Board of Advisors.

(a) In general.

(b) Manner of appointments.

(c) Term of service; vacancy.

(d) Chair.

15345. Powers of Boards; no compensation for service.

(a) Hearings and sessions.

(b) Information from Federal agencies.

(c) Postal services.

(d) Administrative support services.

(e) No compensation for service.

15346. Status of Boards and members for purposes of claims

against Board.

(a) In general.

(b) Exception for criminal acts and other willful

conduct.

SUBPART 3 - TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE

15361. Technical Guidelines Development Committee.

(a) Establishment.

(b) Duties.

(c) Membership.

(d) No compensation for service.

(e) Technical support from National Institute of

Standards and Technology.

(f) Publication of recommendations in Federal

Register.

15362. Process for adoption.

(a) General requirement for notice and comment.

(b) Consideration of recommendations of Development

Committee; submission of proposed guidelines

to Board of Advisors and Standards Board.

(c) Review.

(d) Final adoption.

(e) Special rule for initial set of guidelines.

PART B - TESTING, CERTIFICATION, DECERTIFICATION, AND

RECERTIFICATION OF VOTING SYSTEM HARDWARE AND SOFTWARE

15371. Certification and testing of voting systems.

(a) Certification and testing.

(b) Laboratory accreditation.

(c) Continuing review by National Institute of

Standards and Technology.

(d) Transition.

PART C - STUDIES AND OTHER ACTIVITIES TO PROMOTE EFFECTIVE

ADMINISTRATION OF FEDERAL ELECTIONS

15381. Periodic studies of election administration issues.

(a) In general.

(b) Election administration issues described.

(c) Reports.

15382. Study, report, and recommendations on best practices

for facilitating military and overseas voting.

(a) Study.

(b) Report and recommendations.

15383. Report on human factor research.

15384. Study and report on voters who register by mail and

use of Social Security information.

(a) Registration by mail.

(b) Use of Social Security information.

15385. Study and report on electronic voting and the

electoral process.

(a) Study.

(b) Report.

15386. Study and report on free absentee ballot postage.

(a) Study on the establishment of a free absentee

ballot postage program.

(b) Report.

(c) Postal Service defined.

15387. Consultation with Standards Board and Board of

Advisors.

PART D - ELECTION ASSISTANCE

SUBPART 1 - REQUIREMENTS PAYMENTS

15401. Requirements payments.

(a) In general.

(b) Use of funds.

(c) Retroactive payments.

(d) Adoption of Commission guidelines and guidance

not required to receive payment.

(e) Schedule of payments.

(f) Limitation.

15402. Allocation of funds.

(a) In general.

(b) State allocation percentage defined.

(c) Minimum amount of payment.

(d) Pro rata reductions.

(e) Continuing availability of funds after

appropriation.

15403. Condition for receipt of funds.

(a) In general.

(b) State plan requirement; certification of

compliance with applicable laws and

requirements.

(c) Methods of compliance left to discretion of

State.

(d) Timing for filing of certification.

(e) Chief State election official defined.

15404. State plan.

(a) In general.

(b) Requirements for election fund.

(c) Protection against actions based on information

in plan.

15405. Process for development and filing of plan;

publication by Commission.

(a) In general.

(b) Publication of plan by Commission.

15406. Requirement for public notice and comment.

15407. Authorization of appropriations.

(a) In general.

(b) Availability.

15408. Reports.

SUBPART 2 - PAYMENTS TO STATES AND UNITS OF LOCAL GOVERNMENT TO

ASSURE ACCESS FOR INDIVIDUALS WITH DISABILITIES

15421. Payments to States and units of local government to

assure access for individuals with disabilities.

(a) In general.

(b) Use of funds.

(c) Schedule of payments.

15422. Amount of payment.

(a) In general.

(b) Continuing availability of funds after

appropriation.

15423. Requirements for eligibility.

(a) Application.

(b) Contents of application.

(c) Protection against actions based on information

in application.

15424. Authorization of appropriations.

(a) In general.

(b) Availability.

15425. Reports.

(a) Reports by recipients.

(b) Report by Secretary to Committees.

SUBPART 3 - GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS

15441. Grants for research on voting technology improvements.

(a) In general.

(b) Eligibility.

(c) Applicability of regulations governing patent

rights in inventions made with Federal

assistance.

(d) Recommendation of topics for research.

(e) Provision of information on projects.

15442. Report.

(a) In general.

(b) Deadline.

15443. Authorization of appropriations.

(a) In general.

(b) Availability of funds.

SUBPART 4 - PILOT PROGRAM FOR TESTING OF EQUIPMENT AND TECHNOLOGY

15451. Pilot program.

(a) In general.

(b) Eligibility.

(c) Recommendation of topics for pilot programs.

(d) Provision of information on projects.

15452. Report.

(a) In general.

(b) Deadline.

15453. Authorization of appropriations.

(a) In general.

(b) Availability of funds.

SUBPART 5 - PROTECTION AND ADVOCACY SYSTEMS

15461. Payments for protection and advocacy systems.

(a) In general.

(b) Minimum grant amount.

(c) Training and technical assistance program.

15462. Authorization of appropriations.

(a) In general.

(b) Availability.

SUBPART 6 - NATIONAL STUDENT AND PARENT MOCK ELECTION

15471. National student and parent mock election.

(a) In general.

(b) Requirement.

15472. Authorization of appropriations.

SUBCHAPTER III - UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY

AND ADMINISTRATION REQUIREMENTS

PART A - REQUIREMENTS

15481. Voting systems standards.

(a) Requirements.

(b) Voting system defined.

(c) Construction.

(d) Effective date.

15482. Provisional voting and voting information

requirements.

(a) Provisional voting requirements.

(b) Voting information requirements.

(c) Voters who vote after the polls close.

(d) Effective date for provisional voting and

voting information.

15483. Computerized statewide voter registration list

requirements and requirements for voters who register

by mail.

(a) Computerized statewide voter registration list

requirements.

(b) Requirements for voters who register by mail.

(c) Permitted use of last 4 digits of social

security numbers.

(d) Effective date.

15484. Minimum requirements.

15485. Methods of implementation left to discretion of State.

PART B - VOLUNTARY GUIDANCE

15501. Adoption of voluntary guidance by Commission.

(a) In general.

(b) Deadlines.

(c) Quadrennial update.

15502. Process for adoption.

SUBCHAPTER IV - ENFORCEMENT

15511. Actions by the Attorney General for declaratory and

injunctive relief.

15512. Establishment of State-based administrative complaint

procedures to remedy grievances.

(a) Establishment of State-based administrative

complaint procedures to remedy grievances.

(b) Requiring Attorney General approval of

compliance plan for States not receiving

funds.

SUBCHAPTER V - HELP AMERICA VOTE COLLEGE PROGRAM

15521. Establishment of program.

(a) In general.

(b) Purposes of Program.

15522. Activities under Program.

(a) In general.

(b) Requirements for grant recipients.

(c) Coordination with institutions of higher

education.

15523. Authorization of appropriations.

SUBCHAPTER VI - TRANSFER TO COMMISSION OF FUNCTIONS UNDER CERTAIN

LAWS

15531. Transfer of functions of Office of Election

Administration of Federal Election Commission.

15532. Transfer of functions.

15533. Transfer of property, records, and personnel.

(a) Property and records.

(b) Personnel.

15534. Effective date; transition.

(a) Effective date.

(b) Transition.

(c) No effect on authorities of Office of Election

Administration prior to appointment of members

of Commission.

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

15541. State defined.

15542. Audits and repayment of funds.

(a) Recordkeeping requirement.

(b) Audits and examinations.

(c) Recoupment of funds.

15543. Review and report on adequacy of existing electoral

fraud statutes and penalties.

(a) Review.

(b) Report.

15544. Other criminal penalties.

(a) Conspiracy to deprive voters of a fair

election.

(b) False information in registering and voting.

15545. No effect on other laws.

(a) In general.

(b) No effect on preclearance or other requirements

under Voting Rights Act.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 1973ff-1 of this title.

-End-

-CITE-

42 USC SUBCHAPTER I - PAYMENTS TO STATES FOR ELECTION

ADMINISTRATION IMPROVEMENTS AND REPLACEMENT

OF PUNCH CARD AND LEVER VOTING MACHINES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER I - PAYMENTS TO STATES FOR ELECTION ADMINISTRATION

IMPROVEMENTS AND REPLACEMENT OF PUNCH CARD AND

LEVER VOTING MACHINES

-HEAD-

SUBCHAPTER I - PAYMENTS TO STATES FOR ELECTION ADMINISTRATION

IMPROVEMENTS AND REPLACEMENT OF PUNCH CARD AND LEVER VOTING

MACHINES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 15404, 15545 of this

title.

-End-

-CITE-

42 USC Sec. 15301 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER I - PAYMENTS TO STATES FOR ELECTION ADMINISTRATION

IMPROVEMENTS AND REPLACEMENT OF PUNCH CARD AND

LEVER VOTING MACHINES

-HEAD-

Sec. 15301. Payments to States for activities to improve

administration of elections

-STATUTE-

(a) In general

Not later than 45 days after October 29, 2002, the Administrator

of General Services (in this subchapter referred to as the

"Administrator") shall establish a program under which the

Administrator shall make a payment to each State in which the chief

executive officer of the State, or designee, in consultation and

coordination with the chief State election official, notifies the

Administrator not later than 6 months after October 29, 2002, that

the State intends to use the payment in accordance with this

section.

(b) Use of payment

(1) In general

A State shall use the funds provided under a payment made under

this section to carry out one or more of the following

activities:

(A) Complying with the requirements under subchapter III of

this chapter.

(B) Improving the administration of elections for Federal

office.

(C) Educating voters concerning voting procedures, voting

rights, and voting technology.

(D) Training election officials, poll workers, and election

volunteers.

(E) Developing the State plan for requirements payments to be

submitted under subpart 1 of part D of subchapter II of this

chapter.

(F) Improving, acquiring, leasing, modifying, or replacing

voting systems and technology and methods for casting and

counting votes.

(G) Improving the accessibility and quantity of polling

places, including providing physical access for individuals

with disabilities, providing nonvisual access for individuals

with visual impairments, and providing assistance to Native

Americans, Alaska Native citizens, and to individuals with

limited proficiency in the English language.

(H) Establishing toll-free telephone hotlines that voters may

use to report possible voting fraud and voting rights

violations, to obtain general election information, and to

access detailed automated information on their own voter

registration status, specific polling place locations, and

other relevant information.

(2) Limitation

A State may not use the funds provided under a payment made

under this section -

(A) to pay costs associated with any litigation, except to

the extent that such costs otherwise constitute permitted uses

of a payment under this section; or

(B) for the payment of any judgment.

(c) Use of funds to be consistent with other laws and requirements

In order to receive a payment under the program under this

section, the State shall provide the Administrator with

certifications that -

(1) the State will use the funds provided under the payment in

a manner that is consistent with each of the laws described in

section 15545 of this title, as such laws relate to the

provisions of this chapter; and

(2) the proposed uses of the funds are not inconsistent with

the requirements of subchapter III of this chapter.

(d) Amount of payment

(1) In general

Subject to section 15303(b) of this title, the amount of

payment made to a State under this section shall be the minimum

payment amount described in paragraph (2) plus the voting age

population proportion amount described in paragraph (3).

(2) Minimum payment amount

The minimum payment amount described in this paragraph is -

(A) in the case of any of the several States or the District

of Columbia, one-half of 1 percent of the aggregate amount made

available for payments under this section; and

(B) in the case of the Commonwealth of Puerto Rico, Guam,

American Samoa, or the United States Virgin Islands, one-tenth

of 1 percent of such aggregate amount.

(3) Voting age population proportion amount

The voting age population proportion amount described in this

paragraph is the product of -

(A) the aggregate amount made available for payments under

this section minus the total of all of the minimum payment

amounts determined under paragraph (2); and

(B) the voting age population proportion for the State (as

defined in paragraph (4)).

(4) Voting age population proportion defined

The term "voting age population proportion" means, with respect

to a State, the amount equal to the quotient of -

(A) the voting age population of the State (as reported in

the most recent decennial census); and

(B) the total voting age population of all States (as

reported in the most recent decennial census).

-SOURCE-

(Pub. L. 107-252, title I, Sec. 101, Oct. 29, 2002, 116 Stat.

1668.)

-REFTEXT-

REFERENCES IN TEXT

Subchapter III of this chapter, referred to in subsecs. (b)(1)(A)

and (c)(2), was in the original "title III", meaning title III of

Pub. L. 107-252, Oct. 29, 2002, 116 Stat. 1704, which enacted

subchapter III of this chapter and amended section 405 of this

title. For complete classification of title III to the Code, see

Tables.

This chapter, referred to in subsec. (c)(1), was in the original

"this Act", meaning Pub. L. 107-252, Oct. 29, 2002, 116 Stat. 1666,

which is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out below and Tables.

-MISC1-

SHORT TITLE

Pub. L. 107-252, Sec. 1(a), Oct. 29, 2002, 116 Stat. 1666,

provided that: "This Act [enacting this chapter and chapter 1526 of

Title 36, Patriotic And National Observances, Ceremonies, and

Organizations, amending sections 405, 1973ff, 1973ff-1, 1973ff-3,

1973gg-6, and 1973gg-7 of this title, section 438 of Title 2, The

Congress, sections 3132 and 7323 of Title 5, Government

Organization and Employees, section 8G of the Inspector General Act

of 1978, Pub. L. 95-452, set out in the Appendix to Title 5, and

section 1566 of Title 10, Armed Forces, and enacting provisions set

out as notes under sections 1973ff-1 and 1973ff-3 of this title and

section 8G of the Inspector General Act of 1978, Pub. L. 95-452,

set out in the Appendix to Title 5] may be cited as the 'Help

America Vote Act of 2002'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15303, 15304 of this

title.

-End-

-CITE-

42 USC Sec. 15302 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER I - PAYMENTS TO STATES FOR ELECTION ADMINISTRATION

IMPROVEMENTS AND REPLACEMENT OF PUNCH CARD AND

LEVER VOTING MACHINES

-HEAD-

Sec. 15302. Replacement of punch card or lever voting machines

-STATUTE-

(a) Establishment of program

(1) In general

Not later than 45 days after October 29, 2002, the

Administrator shall establish a program under which the

Administrator shall make a payment to each State eligible under

subsection (b) of this section in which a precinct within that

State used a punch card voting system or a lever voting system to

administer the regularly scheduled general election for Federal

office held in November 2000 (in this section referred to as a

"qualifying precinct").

(2) Use of funds

A State shall use the funds provided under a payment under this

section (either directly or as reimbursement, including as

reimbursement for costs incurred on or after January 1, 2001,

under multiyear contracts) to replace punch card voting systems

or lever voting systems (as the case may be) in qualifying

precincts within that State with a voting system (by purchase,

lease, or such other arrangement as may be appropriate) that -

(A) does not use punch cards or levers;

(B) is not inconsistent with the requirements of the laws

described in section 15545 of this title; and

(C) meets the requirements of section 15481 of this title.

(3) Deadline

(A) In general

Except as provided in subparagraph (B), a State receiving a

payment under the program under this section shall ensure that

all of the punch card voting systems or lever voting systems in

the qualifying precincts within that State have been replaced

in time for the regularly scheduled general election for

Federal office to be held in November 2004.

(B) Waiver

If a State certifies to the Administrator not later than

January 1, 2004, that the State will not meet the deadline

described in subparagraph (A) for good cause and includes in

the certification the reasons for the failure to meet such

deadline, the State shall ensure that all of the punch card

voting systems or lever voting systems in the qualifying

precincts within that State will be replaced in time for the

first election for Federal office held after January 1, 2006.

(b) Eligibility

(1) In general

A State is eligible to receive a payment under the program

under this section if it submits to the Administrator a notice

not later than the date that is 6 months after October 29, 2002

(in such form as the Administrator may require) that contains -

(A) certifications that the State will use the payment

(either directly or as reimbursement, including as

reimbursement for costs incurred on or after January 1, 2001,

under multiyear contracts) to replace punch card voting systems

or lever voting systems (as the case may be) in the qualifying

precincts within the State by the deadline described in

subsection (a)(3) of this section;

(B) certifications that the State will continue to comply

with the laws described in section 15545 of this title;

(C) certifications that the replacement voting systems will

meet the requirements of section 15481 of this title; and

(D) such other information and certifications as the

Administrator may require which are necessary for the

administration of the program.

(2) Compliance of states that require changes to State law

In the case of a State that requires State legislation to carry

out an activity covered by any certification submitted under this

subsection, the State shall be permitted to make the

certification notwithstanding that the legislation has not been

enacted at the time the certification is submitted and such State

shall submit an additional certification once such legislation is

enacted.

(c) Amount of payment

(1) In general

Subject to paragraph (2) and section 15303(b) of this title,

the amount of payment made to a State under the program under

this section shall be equal to the product of -

(A) the number of the qualifying precincts within the State;

and

(B) $4,000.

(2) Reduction

If the amount of funds appropriated pursuant to the authority

of section 15304(a)(2) of this title is insufficient to ensure

that each State receives the amount of payment calculated under

paragraph (1), the Administrator shall reduce the amount

specified in paragraph (1)(B) to ensure that the entire amount

appropriated under such section is distributed to the States.

(d) Repayment of funds for failure to meet deadlines

(1) In general

If a State receiving funds under the program under this section

fails to meet the deadline applicable to the State under

subsection (a)(3) of this section, the State shall pay to the

Administrator an amount equal to the noncompliant precinct

percentage of the amount of the funds provided to the State under

the program.

(2) Noncompliant precinct percentage defined

In this subsection, the term "noncompliant precinct percentage"

means, with respect to a State, the amount (expressed as a

percentage) equal to the quotient of -

(A) the number of qualifying precincts within the State for

which the State failed to meet the applicable deadline; and

(B) the total number of qualifying precincts in the State.

(e) Punch card voting system defined

For purposes of this section, a "punch card voting system"

includes any of the following voting systems:

(1) C.E.S.

(2) Datavote.

(3) PBC Counter.

(4) Pollstar.

(5) Punch Card.

(6) Vote Recorder.

(7) Votomatic.

-SOURCE-

(Pub. L. 107-252, title I, Sec. 102, Oct. 29, 2002, 116 Stat.

1670.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15303, 15304 of this

title.

-End-

-CITE-

42 USC Sec. 15303 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER I - PAYMENTS TO STATES FOR ELECTION ADMINISTRATION

IMPROVEMENTS AND REPLACEMENT OF PUNCH CARD AND

LEVER VOTING MACHINES

-HEAD-

Sec. 15303. Guaranteed minimum payment amount

-STATUTE-

(a) In general

In addition to any other payments made under this subchapter, the

Administrator shall make a payment to each State to which a payment

is made under either section 15301 or 15302 of this title and with

respect to which the aggregate amount paid under such sections is

less than $5,000,000 in an amount equal to the difference between

the aggregate amount paid to the State under sections 15301 and

15302 of this title and $5,000,000. In the case of the Commonwealth

of Puerto Rico, Guam, American Samoa, and the United States Virgin

Islands, the previous sentence shall be applied as if each

reference to "$5,000,000" were a reference to "$1,000,000".

(b) Pro rata reductions

The Administrator shall make such pro rata reductions to the

amounts described in sections 15301(d) and 15302(c) of this title

as are necessary to comply with the requirements of subsection (a)

of this section.

-SOURCE-

(Pub. L. 107-252, title I, Sec. 103, Oct. 29, 2002, 116 Stat.

1672.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15301, 15302 of this

title.

-End-

-CITE-

42 USC Sec. 15304 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER I - PAYMENTS TO STATES FOR ELECTION ADMINISTRATION

IMPROVEMENTS AND REPLACEMENT OF PUNCH CARD AND

LEVER VOTING MACHINES

-HEAD-

Sec. 15304. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated for payments under this

subchapter $650,000,000, of which -

(1) 50 percent shall be for payments under section 15301 of

this title; and

(2) 50 percent shall be for payments under section 15302 of

this title.

(b) Continuing availability of funds after appropriation

Any payment made to a State under this subchapter shall be

available to the State without fiscal year limitation (subject to

subsection (c)(2)(B) of this section).

(c) Use of returned funds and funds remaining unexpended for

requirements payments

(1) In general

The amounts described in paragraph (2) shall be transferred to

the Election Assistance Commission (established under subchapter

II of this chapter) and used by the Commission to make

requirements payments under subpart 1 of part D of subchapter II

of this chapter.

(2) Amounts described

The amounts referred to in this paragraph are as follows:

(A) Any amounts paid to the Administrator by a State under

section 15302(d)(1) of this title.

(B) Any amounts appropriated for payments under this

subchapter which remain unobligated as of September 1, 2003.

(d) Deposit of amounts in State election fund

When a State has established an election fund described in

section 15404(b) of this title, the State shall ensure that any

funds provided to the State under this subchapter are deposited and

maintained in such fund.

(e) Authorization of appropriations for Administrator

In addition to the amounts authorized under subsection (a) of

this section, there are authorized to be appropriated to the

Administrator such sums as may be necessary to administer the

programs under this subchapter.

-SOURCE-

(Pub. L. 107-252, title I, Sec. 104, Oct. 29, 2002, 116 Stat.

1672.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15302, 15407 of this

title.

-End-

-CITE-

42 USC Sec. 15305 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER I - PAYMENTS TO STATES FOR ELECTION ADMINISTRATION

IMPROVEMENTS AND REPLACEMENT OF PUNCH CARD AND

LEVER VOTING MACHINES

-HEAD-

Sec. 15305. Administration of programs

-STATUTE-

In administering the programs under this subchapter, the

Administrator shall take such actions as the Administrator

considers appropriate to expedite the payment of funds to States.

-SOURCE-

(Pub. L. 107-252, title I, Sec. 105, Oct. 29, 2002, 116 Stat.

1673.)

-End-

-CITE-

42 USC Sec. 15306 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER I - PAYMENTS TO STATES FOR ELECTION ADMINISTRATION

IMPROVEMENTS AND REPLACEMENT OF PUNCH CARD AND

LEVER VOTING MACHINES

-HEAD-

Sec. 15306. Effective date

-STATUTE-

The Administrator shall implement the programs established under

this subchapter in a manner that ensures that the Administrator is

able to make payments under the program not later than the

expiration of the 45-day period which begins on October 29, 2002.

-SOURCE-

(Pub. L. 107-252, title I, Sec. 106, Oct. 29, 2002, 116 Stat.

1673.)

-End-

-CITE-

42 USC SUBCHAPTER II - COMMISSION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

-HEAD-

SUBCHAPTER II - COMMISSION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 15304, 15481, 15545 of

this title.

-End-

-CITE-

42 USC Part A - Establishment and General Organization 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part A - Establishment and General Organization

-HEAD-

PART A - ESTABLISHMENT AND GENERAL ORGANIZATION

-End-

-CITE-

42 USC subpart 1 - election assistance commission 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part A - Establishment and General Organization

subpart 1 - election assistance commission

-HEAD-

SUBPART 1 - ELECTION ASSISTANCE COMMISSION

-End-

-CITE-

42 USC Sec. 15321 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part A - Establishment and General Organization

subpart 1 - election assistance commission

-HEAD-

Sec. 15321. Establishment

-STATUTE-

There is hereby established as an independent entity the Election

Assistance Commission (hereafter in this subchapter referred to as

the "Commission"), consisting of the members appointed under this

subpart. Additionally, there is established the Election Assistance

Commission Standards Board (including the Executive Board of such

Board) and the Election Assistance Commission Board of Advisors

under subpart 2 of this part (hereafter in this subpart referred to

as the "Standards Board" and the "Board of Advisors", respectively)

and the Technical Guidelines Development Committee under subpart 3

of this part.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 201, Oct. 29, 2002, 116 Stat.

1673.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15531, 15532 of this

title.

-End-

-CITE-

42 USC Sec. 15322 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part A - Establishment and General Organization

subpart 1 - election assistance commission

-HEAD-

Sec. 15322. Duties

-STATUTE-

The Commission shall serve as a national clearinghouse and

resource for the compilation of information and review of

procedures with respect to the administration of Federal elections

by -

(1) carrying out the duties described in subpart 3 of this part

(relating to the adoption of voluntary voting system guidelines),

including the maintenance of a clearinghouse of information on

the experiences of State and local governments in implementing

the guidelines and in operating voting systems in general;

(2) carrying out the duties described in part B of this

subchapter (relating to the testing, certification,

decertification, and recertification of voting system hardware

and software);

(3) carrying out the duties described in part C of this

subchapter (relating to conducting studies and carrying out other

activities to promote the effective administration of Federal

elections);

(4) carrying out the duties described in part D of this

subchapter (relating to election assistance), and providing

information and training on the management of the payments and

grants provided under such part;

(5) carrying out the duties described in part B of subchapter

III of this chapter (relating to the adoption of voluntary

guidance); and

(6) developing and carrying out the Help America Vote College

Program under subchapter V of this chapter.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 202, Oct. 29, 2002, 116 Stat.

1673.)

-End-

-CITE-

42 USC Sec. 15323 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part A - Establishment and General Organization

subpart 1 - election assistance commission

-HEAD-

Sec. 15323. Membership and appointment

-STATUTE-

(a) Membership

(1) In general

The Commission shall have four members appointed by the

President, by and with the advice and consent of the Senate.

(2) Recommendations

Before the initial appointment of the members of the Commission

and before the appointment of any individual to fill a vacancy on

the Commission, the Majority Leader of the Senate, the Speaker of

the House of Representatives, the Minority Leader of the Senate,

and the Minority Leader of the House of Representatives shall

each submit to the President a candidate recommendation with

respect to each vacancy on the Commission affiliated with the

political party of the Member of Congress involved.

(3) Qualifications

Each member of the Commission shall have experience with or

expertise in election administration or the study of elections.

(4) Date of appointment

The appointments of the members of the Commission shall be made

not later than 120 days after October 29, 2002.

(b) Term of service

(1) In general

Except as provided in paragraphs (2) and (3), members shall

serve for a term of 4 years and may be reappointed for not more

than one additional term.

(2) Terms of initial appointees

As designated by the President at the time of nomination, of

the members first appointed -

(A) two of the members (not more than one of whom may be

affiliated with the same political party) shall be appointed

for a term of 2 years; and

(B) two of the members (not more than one of whom may be

affiliated with the same political party) shall be appointed

for a term of 4 years.

(3) Vacancies

(A) In general

A vacancy on the Commission shall be filled in the manner in

which the original appointment was made and shall be subject to

any conditions which applied with respect to the original

appointment.

(B) Expired terms

A member of the Commission shall serve on the Commission

after the expiration of the member's term until the successor

of such member has taken office as a member of the Commission.

(C) Unexpired terms

An individual appointed to fill a vacancy shall be appointed

for the unexpired term of the member replaced.

(c) Chair and vice chair

(1) In general

The Commission shall select a chair and vice chair from among

its members for a term of 1 year, except that the chair and vice

chair may not be affiliated with the same political party.

(2) Number of terms

A member of the Commission may serve as the chairperson and

vice chairperson for only 1 term each during the term of office

to which such member is appointed.

(d) Compensation

(1) In general

Each member of the Commission shall be compensated at the

annual rate of basic pay prescribed for level IV of the Executive

Schedule under section 5315 of title 5.

(2) Other activities

No member appointed to the Commission under subsection (a) of

this section may engage in any other business, vocation, or

employment while serving as a member of the Commission and shall

terminate or liquidate such business, vocation, or employment

before sitting as a member of the Commission.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 203, Oct. 29, 2002, 116 Stat.

1674.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15534 of this title.

-End-

-CITE-

42 USC Sec. 15324 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part A - Establishment and General Organization

subpart 1 - election assistance commission

-HEAD-

Sec. 15324. Staff

-STATUTE-

(a) Executive Director, General Counsel, and other staff

(1) Executive Director

The Commission shall have an Executive Director, who shall be

paid at a rate not to exceed the rate of basic pay for level V of

the Executive Schedule under section 5316 of title 5.

(2) Term of service for Executive Director

The Executive Director shall serve for a term of 4 years. An

Executive Director may serve for a longer period only if

reappointed for an additional term or terms by a vote of the

Commission.

(3) Procedure for appointment

(A) In general

When a vacancy exists in the position of the Executive

Director, the Standards Board and the Board of Advisors shall

each appoint a search committee to recommend at least three

nominees for the position.

(B) Requiring consideration of nominees

Except as provided in subparagraph (C), the Commission shall

consider the nominees recommended by the Standards Board and

the Board of Advisors in appointing the Executive Director.

(C) Interim service of General Counsel

If a vacancy exists in the position of the Executive

Director, the General Counsel of the Commission shall serve as

the acting Executive Director until the Commission appoints a

new Executive Director in accordance with this paragraph.

(D) Special rules for interim Executive Director

(i) Convening of search committees

The Standards Board and the Board of Advisors shall each

appoint a search committee and recommend nominees for the

position of Executive Director in accordance with

subparagraph (A) as soon as practicable after the appointment

of their members.

(ii) Interim initial appointment

Notwithstanding subparagraph (B), the Commission may

appoint an individual to serve as an interim Executive

Director prior to the recommendation of nominees for the

position by the Standards Board or the Board of Advisors,

except that such individual's term of service may not exceed

6 months. Nothing in the previous sentence may be construed

to prohibit the individual serving as the interim Executive

Director from serving any additional term.

(4) General Counsel

The Commission shall have a General Counsel, who shall be

appointed by the Commission and who shall serve under the

Executive Director. The General Counsel shall serve for a term of

4 years, and may serve for a longer period only if reappointed

for an additional term or terms by a vote of the Commission.

(5) Other staff

Subject to rules prescribed by the Commission, the Executive

Director may appoint and fix the pay of such additional personnel

as the Executive Director considers appropriate.

(6) Applicability of certain civil service laws

The Executive Director, General Counsel, and staff of the

Commission may be appointed without regard to the provisions of

title 5 governing appointments in the competitive service, and

may be paid without regard to the provisions of chapter 51 and

subchapter III of chapter 53 of that title relating to

classification and General Schedule pay rates, except that an

individual so appointed may not receive pay in excess of the

annual rate of basic pay for level V of the Executive Schedule

under section 5316 of that title.

(b) Experts and consultants

Subject to rules prescribed by the Commission, the Executive

Director may procure temporary and intermittent services under

section 3109(b) of title 5 by a vote of the Commission.

(c) Staff of Federal agencies

Upon request of the Commission, the head of any Federal

department or agency may detail, on a reimbursable basis, any of

the personnel of that department or agency to the Commission to

assist it in carrying out its duties under this chapter.

(d) Arranging for assistance for Board of Advisors and Standards

Board

At the request of the Board of Advisors or the Standards Board,

the Commission may enter into such arrangements as the Commission

considers appropriate to make personnel available to assist the

Boards with carrying out their duties under this subchapter

(including contracts with private individuals for providing

temporary personnel services or the temporary detailing of

personnel of the Commission).

(e) Consultation with Board of Advisors and Standards Board on

certain matters

In preparing the program goals, long-term plans, mission

statements, and related matters for the Commission, the Executive

Director and staff of the Commission shall consult with the Board

of Advisors and the Standards Board.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 204, Oct. 29, 2002, 116 Stat.

1675.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (a)(6), are classified

generally to section 3301 et seq. of Title 5, Government

Organization and Employees.

This chapter, referred to in subsec. (c), was in the original

"this Act", meaning Pub. L. 107-252, Oct. 29, 2002, 116 Stat. 1666,

which is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 15301 of this title and Tables.

-End-

-CITE-

42 USC Sec. 15325 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part A - Establishment and General Organization

subpart 1 - election assistance commission

-HEAD-

Sec. 15325. Powers

-STATUTE-

(a) Hearings and sessions

The Commission may hold such hearings for the purpose of carrying

out this chapter, sit and act at such times and places, take such

testimony, and receive such evidence as the Commission considers

advisable to carry out this chapter. The Commission may administer

oaths and affirmations to witnesses appearing before the

Commission.

(b) Information from Federal agencies

The Commission may secure directly from any Federal department or

agency such information as the Commission considers necessary to

carry out this chapter. Upon request of the Commission, the head of

such department or agency shall furnish such information to the

Commission.

(c) Postal services

The Commission may use the United States mails in the same manner

and under the same conditions as other departments and agencies of

the Federal Government.

(d) Administrative support services

Upon the request of the Commission, the Administrator of General

Services shall provide to the Commission, on a reimbursable basis,

the administrative support services that are necessary to enable

the Commission to carry out its duties under this chapter.

(e) Contracts

The Commission may contract with and compensate persons and

Federal agencies for supplies and services without regard to

section 5 of title 41.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 205, Oct. 29, 2002, 116 Stat.

1677.)

-End-

-CITE-

42 USC Sec. 15326 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part A - Establishment and General Organization

subpart 1 - election assistance commission

-HEAD-

Sec. 15326. Dissemination of information

-STATUTE-

In carrying out its duties, the Commission shall, on an ongoing

basis, disseminate to the public (through the Internet, published

reports, and such other methods as the Commission considers

appropriate) in a manner that is consistent with the requirements

of chapter 19 of title 44 information on the activities carried out

under this chapter.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 206, Oct. 29, 2002, 116 Stat.

1677.)

-End-

-CITE-

42 USC Sec. 15327 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part A - Establishment and General Organization

subpart 1 - election assistance commission

-HEAD-

Sec. 15327. Annual report

-STATUTE-

Not later than January 31 of each year (beginning with 2004), the

Commission shall submit a report to the Committee on House

Administration of the House of Representatives and the Committee on

Rules and Administration of the Senate detailing its activities

during the fiscal year which ended on September 30 of the previous

calendar year, and shall include in the report the following

information:

(1) A detailed description of activities conducted with respect

to each program carried out by the Commission under this chapter,

including information on each grant or other payment made under

such programs.

(2) A copy of each report submitted to the Commission by a

recipient of such grants or payments which is required under such

a program, including reports submitted by States receiving

requirements payments under subpart 1 of part D of this

subchapter, and each other report submitted to the Commission

under this chapter.

(3) Information on the voluntary voting system guidelines

adopted or modified by the Commission under subpart 3 of this

part and information on the voluntary guidance adopted under part

B of subchapter III of this chapter.

(4) All votes taken by the Commission.

(5) Such other information and recommendations as the

Commission considers appropriate.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 207, Oct. 29, 2002, 116 Stat.

1677.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15441, 15451 of this

title.

-End-

-CITE-

42 USC Sec. 15328 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part A - Establishment and General Organization

subpart 1 - election assistance commission

-HEAD-

Sec. 15328. Requiring majority approval for actions

-STATUTE-

Any action which the Commission is authorized to carry out under

this chapter may be carried out only with the approval of at least

three of its members.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 208, Oct. 29, 2002, 116 Stat.

1678.)

-End-

-CITE-

42 USC Sec. 15329 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part A - Establishment and General Organization

subpart 1 - election assistance commission

-HEAD-

Sec. 15329. Limitation on rulemaking authority

-STATUTE-

The Commission shall not have any authority to issue any rule,

promulgate any regulation, or take any other action which imposes

any requirement on any State or unit of local government, except to

the extent permitted under section 1973gg-7(a) of this title.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 209, Oct. 29, 2002, 116 Stat.

1678.)

-End-

-CITE-

42 USC Sec. 15330 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part A - Establishment and General Organization

subpart 1 - election assistance commission

-HEAD-

Sec. 15330. Authorization of appropriations

-STATUTE-

In addition to the amounts authorized for payments and grants

under this subchapter and the amounts authorized to be appropriated

for the program under section 15523 of this title, there are

authorized to be appropriated for each of the fiscal years 2003

through 2005 such sums as may be necessary (but not to exceed

$10,000,000 for each such year) for the Commission to carry out

this subchapter.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 210, Oct. 29, 2002, 116 Stat.

1678.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15523 of this title.

-End-

-CITE-

42 USC subpart 2 - election assistance commission

standards board and board of advisors 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part A - Establishment and General Organization

subpart 2 - election assistance commission standards board and board

of advisors

-HEAD-

SUBPART 2 - ELECTION ASSISTANCE COMMISSION STANDARDS BOARD AND

BOARD OF ADVISORS

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 15321 of this title.

-End-

-CITE-

42 USC Sec. 15341 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part A - Establishment and General Organization

subpart 2 - election assistance commission standards board and board

of advisors

-HEAD-

Sec. 15341. Establishment

-STATUTE-

There are hereby established the Election Assistance Commission

Standards Board (hereafter in this subchapter referred to as the

"Standards Board") and the Election Assistance Commission Board of

Advisors (hereafter in this subchapter referred to as the "Board of

Advisors").

-SOURCE-

(Pub. L. 107-252, title II, Sec. 211, Oct. 29, 2002, 116 Stat.

1678.)

-End-

-CITE-

42 USC Sec. 15342 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part A - Establishment and General Organization

subpart 2 - election assistance commission standards board and board

of advisors

-HEAD-

Sec. 15342. Duties

-STATUTE-

The Standards Board and the Board of Advisors shall each, in

accordance with the procedures described in subpart 3 of this part,

review the voluntary voting system guidelines under such subpart,

the voluntary guidance under subchapter III of this chapter, and

the best practices recommendations contained in the report

submitted under section 15382(b) of this title.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 212, Oct. 29, 2002, 116 Stat.

1678.)

-End-

-CITE-

42 USC Sec. 15343 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part A - Establishment and General Organization

subpart 2 - election assistance commission standards board and board

of advisors

-HEAD-

Sec. 15343. Membership of Standards Board

-STATUTE-

(a) Composition

(1) In general

Subject to certification by the chair of the Federal Election

Commission under subsection (b) of this section, the Standards

Board shall be composed of 110 members as follows:

(A) Fifty-five shall be State election officials selected by

the chief State election official of each State.

(B) Fifty-five shall be local election officials selected in

accordance with paragraph (2).

(2) List of local election officials

Each State's local election officials, including the local

election officials of Puerto Rico and the United States Virgin

Islands, shall select (under a process supervised by the chief

election official of the State) a representative local election

official from the State for purposes of paragraph (1)(B). In the

case of the District of Columbia, Guam, and American Samoa, the

chief election official shall establish a procedure for selecting

an individual to serve as a local election official for purposes

of such paragraph, except that under such a procedure the

individual selected may not be a member of the same political

party as the chief election official.

(3) Requiring mix of political parties represented

The two members of the Standards Board who represent the same

State may not be members of the same political party.

(b) Procedures for notice and certification of appointment

(1) Notice to chair of Federal Election Commission

Not later than 90 days after October 29, 2002, the chief State

election official of the State shall transmit a notice to the

chair of the Federal Election Commission containing -

(A) the name of the State election official who agrees to

serve on the Standards Board under this subchapter; and

(B) the name of the representative local election official

from the State selected under subsection (a)(2) of this section

who agrees to serve on the Standards Board under this

subchapter.

(2) Certification

Upon receiving a notice from a State under paragraph (1), the

chair of the Federal Election Commission shall publish a

certification that the selected State election official and the

representative local election official are appointed as members

of the Standards Board under this subchapter.

(3) Effect of failure to provide notice

If a State does not transmit a notice to the chair of the

Federal Election Commission under paragraph (1) within the

deadline described in such paragraph, no representative from the

State may participate in the selection of the initial Executive

Board under subsection (c) of this section.

(4) Role of Commission

Upon the appointment of the members of the Election Assistance

Commission, the Election Assistance Commission shall carry out

the duties of the Federal Election Commission under this

subsection.

(c) Executive Board

(1) In general

Not later than 60 days after the last day on which the

appointment of any of its members may be certified under

subsection (b) of this section, the Standards Board shall select

nine of its members to serve as the Executive Board of the

Standards Board, of whom -

(A) not more than five may be State election officials;

(B) not more than five may be local election officials; and

(C) not more than five may be members of the same political

party.

(2) Terms

Except as provided in paragraph (3), members of the Executive

Board of the Standards Board shall serve for a term of 2 years

and may not serve for more than 3 consecutive terms.

(3) Staggering of initial terms

Of the members first selected to serve on the Executive Board

of the Standards Board -

(A) three shall serve for 1 term;

(B) three shall serve for 2 consecutive terms; and

(C) three shall serve for 3 consecutive terms,

as determined by lot at the time the members are first appointed.

(4) Duties

In addition to any other duties assigned under this subchapter,

the Executive Board of the Standards Board may carry out such

duties of the Standards Board as the Standards Board may

delegate.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 213, Oct. 29, 2002, 116 Stat.

1678.)

-End-

-CITE-

42 USC Sec. 15344 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part A - Establishment and General Organization

subpart 2 - election assistance commission standards board and board

of advisors

-HEAD-

Sec. 15344. Membership of Board of Advisors

-STATUTE-

(a) In general

The Board of Advisors shall be composed of 37 members appointed

as follows:

(1) Two members appointed by the National Governors

Association.

(2) Two members appointed by the National Conference of State

Legislatures.

(3) Two members appointed by the National Association of

Secretaries of State.

(4) Two members appointed by the National Association of State

Election Directors.

(5) Two members appointed by the National Association of

Counties.

(6) Two members appointed by the National Association of County

Recorders, Election Administrators, and Clerks.

(7) Two members appointed by the United States Conference of

Mayors.

(8) Two members appointed by the Election Center.

(9) Two members appointed by the International Association of

County Recorders, Election Officials, and Treasurers.

(10) Two members appointed by the United States Commission on

Civil Rights.

(11) Two members appointed by the Architectural and

Transportation Barrier Compliance Board under section 792 of

title 29.

(12) The chief of the Office of Public Integrity of the

Department of Justice, or the chief's designee.

(13) The chief of the Voting Section of the Civil Rights

Division of the Department of Justice or the chief's designee.

(14) The director of the Federal Voting Assistance Program of

the Department of Defense.

(15) Four members representing professionals in the field of

science and technology, of whom -

(A) one each shall be appointed by the Speaker and the

Minority Leader of the House of Representatives; and

(B) one each shall be appointed by the Majority Leader and

the Minority Leader of the Senate.

(16) Eight members representing voter interests, of whom -

(A) four members shall be appointed by the Committee on House

Administration of the House of Representatives, of whom two

shall be appointed by the chair and two shall be appointed by

the ranking minority member; and

(B) four members shall be appointed by the Committee on Rules

and Administration of the Senate, of whom two shall be

appointed by the chair and two shall be appointed by the

ranking minority member.

(b) Manner of appointments

Appointments shall be made to the Board of Advisors under

subsection (a) of this section in a manner which ensures that the

Board of Advisors will be bipartisan in nature and will reflect the

various geographic regions of the United States.

(c) Term of service; vacancy

Members of the Board of Advisors shall serve for a term of 2

years, and may be reappointed. Any vacancy in the Board of Advisors

shall be filled in the manner in which the original appointment was

made.

(d) Chair

The Board of Advisors shall elect a Chair from among its members.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 214, Oct. 29, 2002, 116 Stat.

1680.)

-End-

-CITE-

42 USC Sec. 15345 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part A - Establishment and General Organization

subpart 2 - election assistance commission standards board and board

of advisors

-HEAD-

Sec. 15345. Powers of Boards; no compensation for service

-STATUTE-

(a) Hearings and sessions

(1) In general

To the extent that funds are made available by the Commission,

the Standards Board (acting through the Executive Board) and the

Board of Advisors may each hold such hearings for the purpose of

carrying out this chapter, sit and act at such times and places,

take such testimony, and receive such evidence as each such Board

considers advisable to carry out this subchapter, except that the

Boards may not issue subpoenas requiring the attendance and

testimony of witnesses or the production of any evidence.

(2) Meetings

The Standards Board and the Board of Advisors shall each hold a

meeting of its members -

(A) not less frequently than once every year for purposes of

voting on the voluntary voting system guidelines referred to it

under section 15362 of this title;

(B) in the case of the Standards Board, not less frequently

than once every 2 years for purposes of selecting the Executive

Board; and

(C) at such other times as it considers appropriate for

purposes of conducting such other business as it considers

appropriate consistent with this subchapter.

(b) Information from Federal agencies

The Standards Board and the Board of Advisors may each secure

directly from any Federal department or agency such information as

the Board considers necessary to carry out this chapter. Upon

request of the Executive Board (in the case of the Standards Board)

or the Chair (in the case of the Board of Advisors), the head of

such department or agency shall furnish such information to the

Board.

(c) Postal services

The Standards Board and the Board of Advisors may use the United

States mails in the same manner and under the same conditions as a

department or agency of the Federal Government.

(d) Administrative support services

Upon the request of the Executive Board (in the case of the

Standards Board) or the Chair (in the case of the Board of

Advisors), the Administrator of the General Services Administration

shall provide to the Board, on a reimbursable basis, the

administrative support services that are necessary to enable the

Board to carry out its duties under this subchapter.

(e) No compensation for service

Members of the Standards Board and members of the Board of

Advisors shall not receive any compensation for their service, but

shall be paid travel expenses, including per diem in lieu of

subsistence, at rates authorized for employees of agencies under

subchapter I of chapter 57 of title 5, while away from their homes

or regular places of business in the performance of services for

the Board.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 215, Oct. 29, 2002, 116 Stat.

1681.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a)(1) and (b), was in the

original "this Act", meaning Pub. L. 107-252, Oct. 29, 2002, 116

Stat. 1666, which is classified principally to this chapter. For

complete classification of this Act to the Code, see Short Title

note set out under section 15301 of this title and Tables.

-End-

-CITE-

42 USC Sec. 15346 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part A - Establishment and General Organization

subpart 2 - election assistance commission standards board and board

of advisors

-HEAD-

Sec. 15346. Status of Boards and members for purposes of claims

against Board

-STATUTE-

(a) In general

The provisions of chapters 161 and 171 of title 28 shall apply

with respect to the liability of the Standards Board, the Board of

Advisors, and their members for acts or omissions performed

pursuant to and in the course of the duties and responsibilities of

the Board.

(b) Exception for criminal acts and other willful conduct

Subsection (a) of this section may not be construed to limit

personal liability for criminal acts or omissions, willful or

malicious misconduct, acts or omissions for private gain, or any

other act or omission outside the scope of the service of a member

of the Standards Board or the Board of Advisors.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 216, Oct. 29, 2002, 116 Stat.

1681.)

-End-

-CITE-

42 USC subpart 3 - technical guidelines development

committee 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part A - Establishment and General Organization

subpart 3 - technical guidelines development committee

-HEAD-

SUBPART 3 - TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 15321, 15322, 15327,

15342, 15371, 15441, 15451 of this title.

-End-

-CITE-

42 USC Sec. 15361 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part A - Establishment and General Organization

subpart 3 - technical guidelines development committee

-HEAD-

Sec. 15361. Technical Guidelines Development Committee

-STATUTE-

(a) Establishment

There is hereby established the Technical Guidelines Development

Committee (hereafter in this subpart referred to as the

"Development Committee").

(b) Duties

(1) In general

The Development Committee shall assist the Executive Director

of the Commission in the development of the voluntary voting

system guidelines.

(2) Deadline for initial set of recommendations

The Development Committee shall provide its first set of

recommendations under this section to the Executive Director of

the Commission not later than 9 months after all of its members

have been appointed.

(c) Membership

(1) In general

The Development Committee shall be composed of the Director of

the National Institute of Standards and Technology (who shall

serve as its chair), together with a group of 14 other

individuals appointed jointly by the Commission and the Director

of the National Institute of Standards and Technology, consisting

of the following:

(A) An equal number of each of the following:

(i) Members of the Standards Board.

(ii) Members of the Board of Advisors.

(iii) Members of the Architectural and Transportation

Barrier Compliance Board under section 792 of title 29.

(B) A representative of the American National Standards

Institute.

(C) A representative of the Institute of Electrical and

Electronics Engineers.

(D) Two representatives of the National Association of State

Election Directors selected by such Association who are not

members of the Standards Board or Board of Advisors, and who

are not of the same political party.

(E) Other individuals with technical and scientific expertise

relating to voting systems and voting equipment.

(2) Quorum

A majority of the members of the Development Committee shall

constitute a quorum, except that the Development Committee may

not conduct any business prior to the appointment of all of its

members.

(d) No compensation for service

Members of the Development Committee shall not receive any

compensation for their service, but shall be paid travel expenses,

including per diem in lieu of subsistence, at rates authorized for

employees of agencies under subchapter I of chapter 57 of title 5,

while away from their homes or regular places of business in the

performance of services for the Development Committee.

(e) Technical support from National Institute of Standards and

Technology

(1) In general

At the request of the Development Committee, the Director of

the National Institute of Standards and Technology shall provide

the Development Committee with technical support necessary for

the Development Committee to carry out its duties under this

part.

(2) Technical support

The technical support provided under paragraph (1) shall

include intramural research and development in areas to support

the development of the voluntary voting system guidelines under

this subpart, including -

(A) the security of computers, computer networks, and

computer data storage used in voting systems, including the

computerized list required under section 15483(a) of this

title;

(B) methods to detect and prevent fraud;

(C) the protection of voter privacy;

(D) the role of human factors in the design and application

of voting systems, including assistive technologies for

individuals with disabilities (including blindness) and varying

levels of literacy; and

(E) remote access voting, including voting through the

Internet.

(3) No private sector intellectual property rights in guidelines

No private sector individual or entity shall obtain any

intellectual property rights to any guideline or the contents of

any guideline (or any modification to any guideline) adopted by

the Commission under this chapter.

(f) Publication of recommendations in Federal Register

At the time the Commission adopts any voluntary voting system

guideline pursuant to section 15362 of this title, the Development

Committee shall cause to have published in the Federal Register the

recommendations it provided under this section to the Executive

Director of the Commission concerning the guideline adopted.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 221, Oct. 29, 2002, 116 Stat.

1682.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (e)(3), was in the original

"this Act", meaning Pub. L. 107-252, Oct. 29, 2002, 116 Stat. 1666,

which is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 15301 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15362 of this title.

-End-

-CITE-

42 USC Sec. 15362 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part A - Establishment and General Organization

subpart 3 - technical guidelines development committee

-HEAD-

Sec. 15362. Process for adoption

-STATUTE-

(a) General requirement for notice and comment

Consistent with the requirements of this section, the final

adoption of the voluntary voting system guidelines (or modification

of such a guideline) shall be carried out by the Commission in a

manner that provides for each of the following:

(1) Publication of notice of the proposed guidelines in the

Federal Register.

(2) An opportunity for public comment on the proposed

guidelines.

(3) An opportunity for a public hearing on the record.

(4) Publication of the final guidelines in the Federal

Register.

(b) Consideration of recommendations of Development Committee;

submission of proposed guidelines to Board of Advisors and

Standards Board

(1) Consideration of recommendations of Development Committee

In developing the voluntary voting system guidelines and

modifications of such guidelines under this section, the

Executive Director of the Commission shall take into

consideration the recommendations provided by the Technical

Guidelines Development Committee under section 15361 of this

title.

(2) Board of Advisors

The Executive Director of the Commission shall submit the

guidelines proposed to be adopted under this subpart (or any

modifications to such guidelines) to the Board of Advisors.

(3) Standards Board

The Executive Director of the Commission shall submit the

guidelines proposed to be adopted under this subpart (or any

modifications to such guidelines) to the Executive Board of the

Standards Board, which shall review the guidelines (or

modifications) and forward its recommendations to the Standards

Board.

(c) Review

Upon receipt of voluntary voting system guidelines described in

subsection (b) of this section (or a modification of such

guidelines) from the Executive Director of the Commission, the

Board of Advisors and the Standards Board shall each review and

submit comments and recommendations regarding the guideline (or

modification) to the Commission.

(d) Final adoption

(1) In general

A voluntary voting system guideline described in subsection (b)

of this section (or modification of such a guideline) shall not

be considered to be finally adopted by the Commission unless the

Commission votes to approve the final adoption of the guideline

(or modification), taking into consideration the comments and

recommendations submitted by the Board of Advisors and the

Standards Board under subsection (c) of this section.

(2) Minimum period for consideration of comments and

recommendations

The Commission may not vote on the final adoption of a

guideline described in subsection (b) of this section (or

modification of such a guideline) until the expiration of the

90-day period which begins on the date the Executive Director of

the Commission submits the proposed guideline (or modification)

to the Board of Advisors and the Standards Board under subsection

(b) of this section.

(e) Special rule for initial set of guidelines

Notwithstanding any other provision of this subpart, the most

recent set of voting system standards adopted by the Federal

Election Commission prior to October 29, 2002, shall be deemed to

have been adopted by the Commission as of October 29, 2002, as the

first set of voluntary voting system guidelines adopted under this

subpart.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 222, Oct. 29, 2002, 116 Stat.

1683.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15345, 15361 of this

title.

-End-

-CITE-

42 USC Part B - Testing, Certification, Decertification,

and Recertification of Voting

System Hardware and Software 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part B - Testing, Certification, Decertification, and

Recertification of Voting System Hardware and

Software

-HEAD-

PART B - TESTING, CERTIFICATION, DECERTIFICATION, AND

RECERTIFICATION OF VOTING SYSTEM HARDWARE AND SOFTWARE

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 15322 of this title.

-End-

-CITE-

42 USC Sec. 15371 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part B - Testing, Certification, Decertification, and

Recertification of Voting System Hardware and

Software

-HEAD-

Sec. 15371. Certification and testing of voting systems

-STATUTE-

(a) Certification and testing

(1) In general

The Commission shall provide for the testing, certification,

decertification, and recertification of voting system hardware

and software by accredited laboratories.

(2) Optional use by States

At the option of a State, the State may provide for the

testing, certification, decertification, or recertification of

its voting system hardware and software by the laboratories

accredited by the Commission under this section.

(b) Laboratory accreditation

(1) Recommendations by National Institute of Standards and

Technology

Not later than 6 months after the Commission first adopts

voluntary voting system guidelines under subpart 3 of part A of

this subchapter, the Director of the National Institute of

Standards and Technology shall conduct an evaluation of

independent, non-Federal laboratories and shall submit to the

Commission a list of those laboratories the Director proposes to

be accredited to carry out the testing, certification,

decertification, and recertification provided for under this

section.

(2) Approval by Commission

(A) In general

The Commission shall vote on the accreditation of any

laboratory under this section, taking into consideration the

list submitted under paragraph (1), and no laboratory may be

accredited for purposes of this section unless its

accreditation is approved by a vote of the Commission.

(B) Accreditation of laboratories not on Director list

The Commission shall publish an explanation for the

accreditation of any laboratory not included on the list

submitted by the Director of the National Institute of

Standards and Technology under paragraph (1).

(c) Continuing review by National Institute of Standards and

Technology

(1) In general

In cooperation with the Commission and in consultation with the

Standards Board and the Board of Advisors, the Director of the

National Institute of Standards and Technology shall monitor and

review, on an ongoing basis, the performance of the laboratories

accredited by the Commission under this section, and shall make

such recommendations to the Commission as it considers

appropriate with respect to the continuing accreditation of such

laboratories, including recommendations to revoke the

accreditation of any such laboratory.

(2) Approval by Commission required for revocation

The accreditation of a laboratory for purposes of this section

may not be revoked unless the revocation is approved by a vote of

the Commission.

(d) Transition

Until such time as the Commission provides for the testing,

certification, decertification, and recertification of voting

system hardware and software by accredited laboratories under this

section, the accreditation of laboratories and the procedure for

the testing, certification, decertification, and recertification of

voting system hardware and software used as of October 29, 2002,

shall remain in effect.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 231, Oct. 29, 2002, 116 Stat.

1684.)

-End-

-CITE-

42 USC Part C - Studies and Other Activities To Promote

Effective Administration of Federal

Elections 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part C - Studies and Other Activities To Promote Effective

Administration of Federal Elections

-HEAD-

PART C - STUDIES AND OTHER ACTIVITIES TO PROMOTE EFFECTIVE

ADMINISTRATION OF FEDERAL ELECTIONS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 15322 of this title.

-End-

-CITE-

42 USC Sec. 15381 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part C - Studies and Other Activities To Promote Effective

Administration of Federal Elections

-HEAD-

Sec. 15381. Periodic studies of election administration issues

-STATUTE-

(a) In general

On such periodic basis as the Commission may determine, the

Commission shall conduct and make available to the public studies

regarding the election administration issues described in

subsection (b) of this section, with the goal of promoting methods

of voting and administering elections which -

(1) will be the most convenient, accessible, and easy to use

for voters, including members of the uniformed services and

overseas voters, individuals with disabilities, including the

blind and visually impaired, and voters with limited proficiency

in the English language;

(2) will yield the most accurate, secure, and expeditious

system for voting and tabulating election results;

(3) will be nondiscriminatory and afford each registered and

eligible voter an equal opportunity to vote and to have that vote

counted; and

(4) will be efficient and cost-effective for use.

(b) Election administration issues described

For purposes of subsection (a) of this section, the election

administration issues described in this subsection are as follows:

(1) Methods and mechanisms of election technology and voting

systems used in voting and counting votes in elections for

Federal office, including the over-vote and under-vote

notification capabilities of such technology and systems.

(2) Ballot designs for elections for Federal office.

(3) Methods of voter registration, maintaining secure and

accurate lists of registered voters (including the establishment

of a centralized, interactive, statewide voter registration list

linked to relevant agencies and all polling sites), and ensuring

that registered voters appear on the voter registration list at

the appropriate polling site.

(4) Methods of conducting provisional voting.

(5) Methods of ensuring the accessibility of voting,

registration, polling places, and voting equipment to all voters,

including individuals with disabilities (including the blind and

visually impaired), Native American or Alaska Native citizens,

and voters with limited proficiency in the English language.

(6) Nationwide statistics and methods of identifying,

deterring, and investigating voting fraud in elections for

Federal office.

(7) Identifying, deterring, and investigating methods of voter

intimidation.

(8) Methods of recruiting, training, and improving the

performance of poll workers.

(9) Methods of educating voters about the process of

registering to vote and voting, the operation of voting

mechanisms, the location of polling places, and all other aspects

of participating in elections.

(10) The feasibility and advisability of conducting elections

for Federal office on different days, at different places, and

during different hours, including the advisability of

establishing a uniform poll closing time and establishing -

(A) a legal public holiday under section 6103 of title 5 as

the date on which general elections for Federal office are

held;

(B) the Tuesday next after the 1st Monday in November, in

every even numbered year, as a legal public holiday under such

section;

(C) a date other than the Tuesday next after the 1st Monday

in November, in every even numbered year as the date on which

general elections for Federal office are held; and

(D) any date described in subparagraph (C) as a legal public

holiday under such section.

(11) Federal and State laws governing the eligibility of

persons to vote.

(12) Ways that the Federal Government can best assist State and

local authorities to improve the administration of elections for

Federal office and what levels of funding would be necessary to

provide such assistance.

(13)(A) The laws and procedures used by each State that govern

-

(i) recounts of ballots cast in elections for Federal office;

(ii) contests of determinations regarding whether votes are

counted in such elections; and

(iii) standards that define what will constitute a vote on

each type of voting equipment used in the State to conduct

elections for Federal office.

(B) The best practices (as identified by the Commission) that

are used by States with respect to the recounts and contests

described in clause (i).

(C) Whether or not there is a need for more consistency among

State recount and contest procedures used with respect to

elections for Federal office.

(14) The technical feasibility of providing voting materials in

eight or more languages for voters who speak those languages and

who have limited English proficiency.

(15) Matters particularly relevant to voting and administering

elections in rural and urban areas.

(16) Methods of voter registration for members of the uniformed

services and overseas voters, and methods of ensuring that such

voters receive timely ballots that will be properly and

expeditiously handled and counted.

(17) The best methods for establishing voting system

performance benchmarks, expressed as a percentage of residual

vote in the Federal contest at the top of the ballot.

(18) Broadcasting practices that may result in the broadcast of

false information concerning the location or time of operation of

a polling place.

(19) Such other matters as the Commission determines are

appropriate.

(c) Reports

The Commission shall submit to the President and to the Committee

on House Administration of the House of Representatives and the

Committee on Rules and Administration of the Senate a report on

each study conducted under subsection (a) of this section together

with such recommendations for administrative and legislative action

as the Commission determines is appropriate.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 241, Oct. 29, 2002, 116 Stat.

1686.)

-End-

-CITE-

42 USC Sec. 15382 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part C - Studies and Other Activities To Promote Effective

Administration of Federal Elections

-HEAD-

Sec. 15382. Study, report, and recommendations on best practices

for facilitating military and overseas voting

-STATUTE-

(a) Study

(1) In general

The Commission, in consultation with the Secretary of Defense,

shall conduct a study on the best practices for facilitating

voting by absent uniformed services voters (as defined in section

1973ff-6(1) of this title) and overseas voters (as defined in

section 1973ff-6(5) of this title).

(2) Issues considered

In conducting the study under paragraph (1) the Commission

shall consider the following issues:

(A) The rights of residence of uniformed services voters

absent due to military orders.

(B) The rights of absent uniformed services voters and

overseas voters to register to vote and cast absentee ballots,

including the right of such voters to cast a secret ballot.

(C) The rights of absent uniformed services voters and

overseas voters to submit absentee ballot applications early

during an election year.

(D) The appropriate preelection deadline for mailing absentee

ballots to absent uniformed services voters and overseas

voters.

(E) The appropriate minimum period between the mailing of

absentee ballots to absent uniformed services voters and

overseas voters and the deadline for receipt of such ballots.

(F) The timely transmission of balloting materials to absent

uniformed services voters and overseas voters.

(G) Security and privacy concerns in the transmission,

receipt, and processing of ballots from absent uniformed

services voters and overseas voters, including the need to

protect against fraud.

(H) The use of a single application by absent uniformed

services voters and overseas voters for absentee ballots for

all Federal elections occurring during a year.

(I) The use of a single application for voter registration

and absentee ballots by absent uniformed services voters and

overseas voters.

(J) The use of facsimile machines and electronic means of

transmission of absentee ballot applications and absentee

ballots to absent uniformed services voters and overseas

voters.

(K) Other issues related to the rights of absent uniformed

services voters and overseas voters to participate in

elections.

(b) Report and recommendations

Not later than the date that is 18 months after October 29, 2002,

the Commission shall submit to the President and Congress a report

on the study conducted under subsection (a)(1) of this section

together with recommendations identifying the best practices used

with respect to the issues considered under subsection (a)(2) of

this section.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 242, Oct. 29, 2002, 116 Stat.

1688.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15342 of this title.

-End-

-CITE-

42 USC Sec. 15383 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part C - Studies and Other Activities To Promote Effective

Administration of Federal Elections

-HEAD-

Sec. 15383. Report on human factor research

-STATUTE-

Not later than 1 year after October 29, 2002, the Commission, in

consultation with the Director of the National Institute of

Standards and Technology, shall submit a report to Congress which

assesses the areas of human factor research, including usability

engineering and human-computer and human-machine interaction, which

feasibly could be applied to voting products and systems design to

ensure the usability and accuracy of voting products and systems,

including methods to improve access for individuals with

disabilities (including blindness) and individuals with limited

proficiency in the English language and to reduce voter error and

the number of spoiled ballots in elections.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 243, Oct. 29, 2002, 116 Stat.

1688.)

-End-

-CITE-

42 USC Sec. 15384 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part C - Studies and Other Activities To Promote Effective

Administration of Federal Elections

-HEAD-

Sec. 15384. Study and report on voters who register by mail and use

of Social Security information

-STATUTE-

(a) Registration by mail

(1) Study

(A) In general

The Commission shall conduct a study of the impact of section

15483(b) of this title on voters who register by mail.

(B) Specific issues studied

The study conducted under subparagraph (A) shall include -

(i) an examination of the impact of section 15483(b) of

this title on first time mail registrant voters who vote in

person, including the impact of such section on voter

registration;

(ii) an examination of the impact of such section on the

accuracy of voter rolls, including preventing ineligible

names from being placed on voter rolls and ensuring that all

eligible names are placed on voter rolls; and

(iii) an analysis of the impact of such section on existing

State practices, such as the use of signature verification or

attestation procedures to verify the identity of voters in

elections for Federal office, and an analysis of other

changes that may be made to improve the voter registration

process, such as verification or additional information on

the registration card.

(2) Report

Not later than 18 months after the date on which section

15483(b)(2) of this title takes effect, the Commission shall

submit a report to the President and Congress on the study

conducted under paragraph (1)(A) together with such

recommendations for administrative and legislative action as the

Commission determines is appropriate.

(b) Use of Social Security information

Not later than 18 months after the date on which section

15483(a)(5) of this title takes effect, the Commission, in

consultation with the Commissioner of Social Security, shall study

and report to Congress on the feasibility and advisability of using

Social Security identification numbers or other information

compiled by the Social Security Administration to establish voter

registration or other election law eligibility or identification

requirements, including the matching of relevant information

specific to an individual voter, the impact of such use on national

security issues, and whether adequate safeguards or waiver

procedures exist to protect the privacy of an individual voter.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 244, Oct. 29, 2002, 116 Stat.

1689.)

-REFTEXT-

REFERENCES IN TEXT

For the effective dates of subsecs. (a)(5) and (b)(2) of section

15483 of this title, referred to in subsecs. (a)(2) and (b), see

section 15483(d) of this title.

-End-

-CITE-

42 USC Sec. 15385 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part C - Studies and Other Activities To Promote Effective

Administration of Federal Elections

-HEAD-

Sec. 15385. Study and report on electronic voting and the electoral

process

-STATUTE-

(a) Study

(1) In general

The Commission shall conduct a thorough study of issues and

challenges, specifically to include the potential for election

fraud, presented by incorporating communications and Internet

technologies in the Federal, State, and local electoral process.

(2) Issues to be studied

The Commission may include in the study conducted under

paragraph (1) an examination of -

(A) the appropriate security measures required and minimum

standards for certification of systems or technologies in order

to minimize the potential for fraud in voting or in the

registration of qualified citizens to register and vote;

(B) the possible methods, such as Internet or other

communications technologies, that may be utilized in the

electoral process, including the use of those technologies to

register voters and enable citizens to vote online, and

recommendations concerning statutes and rules to be adopted in

order to implement an online or Internet system in the

electoral process;

(C) the impact that new communications or Internet technology

systems for use in the electoral process could have on voter

participation rates, voter education, public accessibility,

potential external influences during the elections process,

voter privacy and anonymity, and other issues related to the

conduct and administration of elections;

(D) whether other aspects of the electoral process, such as

public availability of candidate information and citizen

communication with candidates, could benefit from the increased

use of online or Internet technologies;

(E) the requirements for authorization of collection,

storage, and processing of electronically generated and

transmitted digital messages to permit any eligible person to

register to vote or vote in an election, including applying for

and casting an absentee ballot;

(F) the implementation cost of an online or Internet voting

or voter registration system and the costs of elections after

implementation (including a comparison of total cost savings

for the administration of the electoral process by using

Internet technologies or systems);

(G) identification of current and foreseeable online and

Internet technologies for use in the registration of voters,

for voting, or for the purpose of reducing election fraud,

currently available or in use by election authorities;

(H) the means by which to ensure and achieve equity of access

to online or Internet voting or voter registration systems and

address the fairness of such systems to all citizens; and

(I) the impact of technology on the speed, timeliness, and

accuracy of vote counts in Federal, State, and local elections.

(b) Report

(1) Submission

Not later than 20 months after October 29, 2002, the Commission

shall transmit to the Committee on House Administration of the

House of Representatives and the Committee on Rules and

Administration of the Senate a report on the results of the study

conducted under subsection (a) of this section, including such

legislative recommendations or model State laws as are required

to address the findings of the Commission.

(2) Internet posting

In addition to the dissemination requirements under chapter 19

of title 44, the Election Administration Commission shall post

the report transmitted under paragraph (1) on an Internet

website.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 245, Oct. 29, 2002, 116 Stat.

1690.)

-End-

-CITE-

42 USC Sec. 15386 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part C - Studies and Other Activities To Promote Effective

Administration of Federal Elections

-HEAD-

Sec. 15386. Study and report on free absentee ballot postage

-STATUTE-

(a) Study on the establishment of a free absentee ballot postage

program

(1) In general

The Commission, in consultation with the Postal Service, shall

conduct a study on the feasibility and advisability of the

establishment of a program under which the Postal Service shall

waive or otherwise reduce the amount of postage applicable with

respect to absentee ballots submitted by voters in general

elections for Federal office (other than balloting materials

mailed under section 3406 of title 39) that does not apply with

respect to the postage required to send the absentee ballots to

voters.

(2) Public survey

As part of the study conducted under paragraph (1), the

Commission shall conduct a survey of potential beneficiaries

under the program described in such paragraph, including the

elderly and disabled, and shall take into account the results of

such survey in determining the feasibility and advisability of

establishing such a program.

(b) Report

(1) Submission

Not later than the date that is 1 year after October 29, 2002,

the Commission shall submit to Congress a report on the study

conducted under subsection (a)(1) of this section together with

recommendations for such legislative and administrative action as

the Commission determines appropriate.

(2) Costs

The report submitted under paragraph (1) shall contain an

estimate of the costs of establishing the program described in

subsection (a)(1) of this section.

(3) Implementation

The report submitted under paragraph (1) shall contain an

analysis of the feasibility of implementing the program described

in subsection (a)(1) of this section with respect to the absentee

ballots to be submitted in the general election for Federal

office held in 2004.

(4) Recommendations regarding the elderly and disabled

The report submitted under paragraph (1) shall -

(A) include recommendations on ways that program described in

subsection (a)(1) of this section would target elderly

individuals and individuals with disabilities; and

(B) identify methods to increase the number of such

individuals who vote in elections for Federal office.

(c) Postal Service defined

The term "Postal Service" means the United States Postal Service

established under section 201 of title 39.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 246, Oct. 29, 2002, 116 Stat.

1691.)

-End-

-CITE-

42 USC Sec. 15387 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part C - Studies and Other Activities To Promote Effective

Administration of Federal Elections

-HEAD-

Sec. 15387. Consultation with Standards Board and Board of Advisors

-STATUTE-

The Commission shall carry out its duties under this part in

consultation with the Standards Board and the Board of Advisors.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 247, Oct. 29, 2002, 116 Stat.

1692.)

-End-

-CITE-

42 USC Part D - Election Assistance 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part D - Election Assistance

-HEAD-

PART D - ELECTION ASSISTANCE

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 15322 of this title.

-End-

-CITE-

42 USC subpart 1 - requirements payments 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part D - Election Assistance

subpart 1 - requirements payments

-HEAD-

SUBPART 1 - REQUIREMENTS PAYMENTS

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in sections 15301, 15304, 15327 of

this title.

-End-

-CITE-

42 USC Sec. 15401 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part D - Election Assistance

subpart 1 - requirements payments

-HEAD-

Sec. 15401. Requirements payments

-STATUTE-

(a) In general

The Commission shall make a requirements payment each year in an

amount determined under section 15402 of this title to each State

which meets the conditions described in section 15403 of this title

for the year.

(b) Use of funds

(1) In general

Except as provided in paragraph (2), a State receiving a

requirements payment shall use the payment only to meet the

requirements of subchapter III of this chapter.

(2) Other activities

A State may use a requirements payment to carry out other

activities to improve the administration of elections for Federal

office if the State certifies to the Commission that -

(A) the State has implemented the requirements of subchapter

III of this chapter; or

(B) the amount expended with respect to such other activities

does not exceed an amount equal to the minimum payment amount

applicable to the State under section 15402(c) of this title.

(c) Retroactive payments

(1) In general

Notwithstanding any other provision of this part, including the

maintenance of effort requirements of section 15404(a)(7) of this

title, a State may use a requirements payment as a reimbursement

for costs incurred in obtaining voting equipment which meets the

requirements of section 15481 of this title if the State obtains

the equipment after the regularly scheduled general election for

Federal office held in November 2000.

(2) Special rule regarding multiyear contracts

A State may use a requirements payment for any costs for voting

equipment which meets the requirements of section 15481 of this

title that, pursuant to a multiyear contract, were incurred on or

after January 1, 2001, except that the amount that the State is

otherwise required to contribute under the maintenance of effort

requirements of section 15404(a)(7) of this title shall be

increased by the amount of the payment made with respect to such

multiyear contract.

(d) Adoption of Commission guidelines and guidance not required to

receive payment

Nothing in this subpart may be construed to require a State to

implement any of the voluntary voting system guidelines or any of

the voluntary guidance adopted by the Commission with respect to

any matter as a condition for receiving a requirements payment.

(e) Schedule of payments

As soon as practicable after the initial appointment of all

members of the Commission (but in no event later than 6 months

thereafter), and not less frequently than once each calendar year

thereafter, the Commission shall make requirements payments to

States under this subpart.

(f) Limitation

A State may not use any portion of a requirements payment -

(1) to pay costs associated with any litigation, except to the

extent that such costs otherwise constitute permitted uses of a

requirements payment under this subpart; or

(2) for the payment of any judgment.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 251, Oct. 29, 2002, 116 Stat.

1692.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15403, 15404, 15406,

15408, 15542 of this title.

-End-

-CITE-

42 USC Sec. 15402 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part D - Election Assistance

subpart 1 - requirements payments

-HEAD-

Sec. 15402. Allocation of funds

-STATUTE-

(a) In general

Subject to subsection (c) of this section, the amount of a

requirements payment made to a State for a year shall be equal to

the product of -

(1) the total amount appropriated for requirements payments for

the year pursuant to the authorization under section 15407 of

this title; and

(2) the State allocation percentage for the State (as

determined under subsection (b) of this section).

(b) State allocation percentage defined

The "State allocation percentage" for a State is the amount

(expressed as a percentage) equal to the quotient of -

(1) the voting age population of the State (as reported in the

most recent decennial census); and

(2) the total voting age population of all States (as reported

in the most recent decennial census).

(c) Minimum amount of payment

The amount of a requirements payment made to a State for a year

may not be less than -

(1) in the case of any of the several States or the District of

Columbia, one-half of 1 percent of the total amount appropriated

for requirements payments for the year under section 15407 of

this title; or

(2) in the case of the Commonwealth of Puerto Rico, Guam,

American Samoa, or the United States Virgin Islands, one-tenth of

1 percent of such total amount.

(d) Pro rata reductions

The Administrator shall make such pro rata reductions to the

allocations determined under subsection (a) of this section as are

necessary to comply with the requirements of subsection (c) of this

section.

(e) Continuing availability of funds after appropriation

A requirements payment made to a State under this subpart shall

be available to the State without fiscal year limitation.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 252, Oct. 29, 2002, 116 Stat.

1693.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15401 of this title.

-End-

-CITE-

42 USC Sec. 15403 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part D - Election Assistance

subpart 1 - requirements payments

-HEAD-

Sec. 15403. Condition for receipt of funds

-STATUTE-

(a) In general

A State is eligible to receive a requirements payment for a

fiscal year if the chief executive officer of the State, or

designee, in consultation and coordination with the chief State

election official, has filed with the Commission a statement

certifying that the State is in compliance with the requirements

referred to in subsection (b) of this section. A State may meet the

requirement of the previous sentence by filing with the Commission

a statement which reads as follows: "______ hereby certifies that

it is in compliance with the requirements referred to in section

253(b) of the Help America Vote Act of 2002." (with the blank to be

filled in with the name of the State involved).

(b) State plan requirement; certification of compliance with

applicable laws and requirements

The requirements referred to in this subsection are as follows:

(1) The State has filed with the Commission a State plan

covering the fiscal year which the State certifies -

(A) contains each of the elements described in section 15404

of this title with respect to the fiscal year;

(B) is developed in accordance with section 15405 of this

title; and

(C) meets the public notice and comment requirements of

section 15406 of this title.

(2) The State has filed with the Commission a plan for the

implementation of the uniform, nondiscriminatory administrative

complaint procedures required under section 15512 of this title

(or has included such a plan in the State plan filed under

paragraph (1)), and has such procedures in place for purposes of

meeting the requirements of such section. If the State does not

include such an implementation plan in the State plan filed under

paragraph (1), the requirements of sections 15405(b) and 15406 of

this title shall apply to the implementation plan in the same

manner as such requirements apply to the State plan.

(3) The State is in compliance with each of the laws described

in section 15545 of this title, as such laws apply with respect

to this chapter.

(4) To the extent that any portion of the requirements payment

is used for activities other than meeting the requirements of

subchapter III of this chapter -

(A) the State's proposed uses of the requirements payment are

not inconsistent with the requirements of subchapter III of

this chapter; and

(B) the use of the funds under this paragraph is consistent

with the requirements of section 15401(b) of this title.

(5) The State has appropriated funds for carrying out the

activities for which the requirements payment is made in an

amount equal to 5 percent of the total amount to be spent for

such activities (taking into account the requirements payment and

the amount spent by the State) and, in the case of a State that

uses a requirements payment as a reimbursement under section

15401(c)(2) of this title, an additional amount equal to the

amount of such reimbursement.

(c) Methods of compliance left to discretion of State

The specific choices on the methods of complying with the

elements of a State plan shall be left to the discretion of the

State.

(d) Timing for filing of certification

A State may not file a statement of certification under

subsection (a) of this section until the expiration of the 45-day

period (or, in the case of a fiscal year other than the first

fiscal year for which a requirements payment is made to the State

under this part, the 30-day period) which begins on the date the

State plan under this part is published in the Federal Register

pursuant to section 15405(b) of this title.

(e) Chief State election official defined

In this part, the "chief State election official" of a State is

the individual designated by the State under section 10 of the

National Voter Registration Act of 1993 (42 U.S.C. 1973gg-8) to be

responsible for coordination of the State's responsibilities under

such Act.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 253, Oct. 29, 2002, 116 Stat.

1693.)

-REFTEXT-

REFERENCES IN TEXT

Section 253(b) of the Help America Vote Act of 2002, referred to

in subsec. (a), is classified to subsec. (b) of this section.

The National Voter Registration Act of 1993, referred to in

subsec. (e), is Pub. L. 103-31, May 20, 1993, 107 Stat. 77, as

amended, which is classified principally to subchapter I-H (Sec.

1973gg et seq.) of chapter 20 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 1971 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15401 of this title.

-End-

-CITE-

42 USC Sec. 15404 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part D - Election Assistance

subpart 1 - requirements payments

-HEAD-

Sec. 15404. State plan

-STATUTE-

(a) In general

The State plan shall contain a description of each of the

following:

(1) How the State will use the requirements payment to meet the

requirements of subchapter III of this chapter, and, if

applicable under section 15401(a)(2) of this title, to carry out

other activities to improve the administration of elections.

(2) How the State will distribute and monitor the distribution

of the requirements payment to units of local government or other

entities in the State for carrying out the activities described

in paragraph (1), including a description of -

(A) the criteria to be used to determine the eligibility of

such units or entities for receiving the payment; and

(B) the methods to be used by the State to monitor the

performance of the units or entities to whom the payment is

distributed, consistent with the performance goals and measures

adopted under paragraph (8).

(3) How the State will provide for programs for voter

education, election official education and training, and poll

worker training which will assist the State in meeting the

requirements of subchapter III of this chapter.

(4) How the State will adopt voting system guidelines and

processes which are consistent with the requirements of section

15481 of this title.

(5) How the State will establish a fund described in subsection

(b) of this section for purposes of administering the State's

activities under this subpart, including information on fund

management.

(6) The State's proposed budget for activities under this

subpart, based on the State's best estimates of the costs of such

activities and the amount of funds to be made available,

including specific information on -

(A) the costs of the activities required to be carried out to

meet the requirements of subchapter III of this chapter;

(B) the portion of the requirements payment which will be

used to carry out activities to meet such requirements; and

(C) the portion of the requirements payment which will be

used to carry out other activities.

(7) How the State, in using the requirements payment, will

maintain the expenditures of the State for activities funded by

the payment at a level that is not less than the level of such

expenditures maintained by the State for the fiscal year ending

prior to November 2000.

(8) How the State will adopt performance goals and measures

that will be used by the State to determine its success and the

success of units of local government in the State in carrying out

the plan, including timetables for meeting each of the elements

of the plan, descriptions of the criteria the State will use to

measure performance and the process used to develop such

criteria, and a description of which official is to be held

responsible for ensuring that each performance goal is met.

(9) A description of the uniform, nondiscriminatory State-based

administrative complaint procedures in effect under section 15512

of this title.

(10) If the State received any payment under subchapter I of

this chapter, a description of how such payment will affect the

activities proposed to be carried out under the plan, including

the amount of funds available for such activities.

(11) How the State will conduct ongoing management of the plan,

except that the State may not make any material change in the

administration of the plan unless the change -

(A) is developed and published in the Federal Register in

accordance with section 15405 of this title in the same manner

as the State plan;

(B) is subject to public notice and comment in accordance

with section 15406 of this title in the same manner as the

State plan; and

(C) takes effect only after the expiration of the 30-day

period which begins on the date the change is published in the

Federal Register in accordance with subparagraph (A).

(12) In the case of a State with a State plan in effect under

this part during the previous fiscal year, a description of how

the plan reflects changes from the State plan for the previous

fiscal year and of how the State succeeded in carrying out the

State plan for such previous fiscal year.

(13) A description of the committee which participated in the

development of the State plan in accordance with section 15405 of

this title and the procedures followed by the committee under

such section and section 15406 of this title.

(b) Requirements for election fund

(1) Election fund described

For purposes of subsection (a)(5) of this section, a fund

described in this subsection with respect to a State is a fund

which is established in the treasury of the State government,

which is used in accordance with paragraph (2), and which

consists of the following amounts:

(A) Amounts appropriated or otherwise made available by the

State for carrying out the activities for which the

requirements payment is made to the State under this subpart.

(B) The requirements payment made to the State under this

subpart.

(C) Such other amounts as may be appropriated under law.

(D) Interest earned on deposits of the fund.

(2) Use of fund

Amounts in the fund shall be used by the State exclusively to

carry out the activities for which the requirements payment is

made to the State under this subpart.

(3) Treatment of States that require changes to State law

In the case of a State that requires State legislation to

establish the fund described in this subsection, the Commission

shall defer disbursement of the requirements payment to such

State until such time as legislation establishing the fund is

enacted.

(c) Protection against actions based on information in plan

(1) In general

No action may be brought under this chapter against a State or

other jurisdiction on the basis of any information contained in

the State plan filed under this subpart.

(2) Exception for criminal acts

Paragraph (1) may not be construed to limit the liability of a

State or other jurisdiction for criminal acts or omissions.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 254, Oct. 29, 2002, 116 Stat.

1694.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (c)(1), was in the original

"this Act", meaning Pub. L. 107-252, Oct. 29, 2002, 116 Stat. 1666,

which is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 15301 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15304, 15401, 15403,

15408 of this title.

-End-

-CITE-

42 USC Sec. 15405 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part D - Election Assistance

subpart 1 - requirements payments

-HEAD-

Sec. 15405. Process for development and filing of plan; publication

by Commission

-STATUTE-

(a) In general

The chief State election official shall develop the State plan

under this part through a committee of appropriate individuals,

including the chief election officials of the two most populous

jurisdictions within the States, other local election officials,

stake holders (including representatives of groups of individuals

with disabilities), and other citizens, appointed for such purpose

by the chief State election official.

(b) Publication of plan by Commission

After receiving the State plan of a State under this part, the

Commission shall cause to have the plan published in the Federal

Register.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 255, Oct. 29, 2002, 116 Stat.

1697.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15403, 15404 of this

title.

-End-

-CITE-

42 USC Sec. 15406 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part D - Election Assistance

subpart 1 - requirements payments

-HEAD-

Sec. 15406. Requirement for public notice and comment

-STATUTE-

For purposes of section 15401(a)(1)(C) of this title, a State

plan meets the public notice and comment requirements of this

section if -

(1) not later than 30 days prior to the submission of the plan,

the State made a preliminary version of the plan available for

public inspection and comment;

(2) the State publishes notice that the preliminary version of

the plan is so available; and

(3) the State took the public comments made regarding the

preliminary version of the plan into account in preparing the

plan which was filed with the Commission.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 256, Oct. 29, 2002, 116 Stat.

1697.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15403, 15404 of this

title.

-End-

-CITE-

42 USC Sec. 15407 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part D - Election Assistance

subpart 1 - requirements payments

-HEAD-

Sec. 15407. Authorization of appropriations

-STATUTE-

(a) In general

In addition to amounts transferred under section 15304(c) of this

title, there are authorized to be appropriated for requirements

payments under this subpart the following amounts:

(1) For fiscal year 2003, $1,400,000,000.

(2) For fiscal year 2004, $1,000,000,000.

(3) For fiscal year 2005, $600,000,000.

(b) Availability

Any amounts appropriated pursuant to the authority of subsection

(a) of this section shall remain available without fiscal year

limitation until expended.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 257, Oct. 29, 2002, 116 Stat.

1697.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15402 of this title.

-End-

-CITE-

42 USC Sec. 15408 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part D - Election Assistance

subpart 1 - requirements payments

-HEAD-

Sec. 15408. Reports

-STATUTE-

Not later than 6 months after the end of each fiscal year for

which a State received a requirements payment under this subpart,

the State shall submit a report to the Commission on the activities

conducted with the funds provided during the year, and shall

include in the report -

(1) a list of expenditures made with respect to each category

of activities described in section 15401(b) of this title;

(2) the number and type of articles of voting equipment

obtained with the funds; and

(3) an analysis and description of the activities funded under

this subpart to meet the requirements of this chapter and an

analysis and description of how such activities conform to the

State plan under section 15404 of this title.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 258, Oct. 29, 2002, 116 Stat.

1697.)

-End-

-CITE-

42 USC subpart 2 - payments to states and units of local

government to assure access for individuals

with disabilities 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part D - Election Assistance

subpart 2 - payments to states and units of local government to

assure access for individuals with disabilities

-HEAD-

SUBPART 2 - PAYMENTS TO STATES AND UNITS OF LOCAL GOVERNMENT TO

ASSURE ACCESS FOR INDIVIDUALS WITH DISABILITIES

-End-

-CITE-

42 USC Sec. 15421 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part D - Election Assistance

subpart 2 - payments to states and units of local government to

assure access for individuals with disabilities

-HEAD-

Sec. 15421. Payments to States and units of local government to

assure access for individuals with disabilities

-STATUTE-

(a) In general

The Secretary of Health and Human Services shall make a payment

to each eligible State and each eligible unit of local government

(as described in section 15423 of this title).

(b) Use of funds

An eligible State and eligible unit of local government shall use

the payment received under this subpart for -

(1) making polling places, including the path of travel,

entrances, exits, and voting areas of each polling facility,

accessible to individuals with disabilities, including the blind

and visually impaired, in a manner that provides the same

opportunity for access and participation (including privacy and

independence) as for other voters; and

(2) providing individuals with disabilities and the other

individuals described in paragraph (1) with information about the

accessibility of polling places, including outreach programs to

inform the individuals about the availability of accessible

polling places and training election officials, poll workers, and

election volunteers on how best to promote the access and

participation of individuals with disabilities in elections for

Federal office.

(c) Schedule of payments

As soon as practicable after October 29, 2002 (but in no event

later than 6 months thereafter), and not less frequently than once

each calendar year thereafter, the Secretary shall make payments

under this subpart.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 261, Oct. 29, 2002, 116 Stat.

1698.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15425 of this title.

-End-

-CITE-

42 USC Sec. 15422 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part D - Election Assistance

subpart 2 - payments to states and units of local government to

assure access for individuals with disabilities

-HEAD-

Sec. 15422. Amount of payment

-STATUTE-

(a) In general

The amount of a payment made to an eligible State or an eligible

unit of local government for a year under this subpart shall be

determined by the Secretary.

(b) Continuing availability of funds after appropriation

A payment made to an eligible State or eligible unit of local

government under this subpart shall be available without fiscal

year limitation.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 262, Oct. 29, 2002, 116 Stat.

1698.)

-End-

-CITE-

42 USC Sec. 15423 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part D - Election Assistance

subpart 2 - payments to states and units of local government to

assure access for individuals with disabilities

-HEAD-

Sec. 15423. Requirements for eligibility

-STATUTE-

(a) Application

Each State or unit of local government that desires to receive a

payment under this subpart for a fiscal year shall submit an

application for the payment to the Secretary at such time and in

such manner and containing such information as the Secretary shall

require.

(b) Contents of application

Each application submitted under subsection (a) of this section

shall -

(1) describe the activities for which assistance under this

section is sought; and

(2) provide such additional information and certifications as

the Secretary determines to be essential to ensure compliance

with the requirements of this subpart.

(c) Protection against actions based on information in application

(1) In general

No action may be brought under this chapter against a State or

unit of local government on the basis of any information

contained in the application submitted under subsection (a) of

this section.

(2) Exception for criminal acts

Paragraph (1) may not be construed to limit the liability of a

State or unit of local government for criminal acts or omissions.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 263, Oct. 29, 2002, 116 Stat.

1698.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (c)(1), was in the original

"this Act", meaning Pub. L. 107-252, Oct. 29, 2002, 116 Stat. 1666,

which is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 15301 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15421 of this title.

-End-

-CITE-

42 USC Sec. 15424 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part D - Election Assistance

subpart 2 - payments to states and units of local government to

assure access for individuals with disabilities

-HEAD-

Sec. 15424. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated to carry out the

provisions of this subpart the following amounts:

(1) For fiscal year 2003, $50,000,000.

(2) For fiscal year 2004, $25,000,000.

(3) For fiscal year 2005, $25,000,000.

(b) Availability

Any amounts appropriated pursuant to the authority of subsection

(a) of this section shall remain available without fiscal year

limitation until expended.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 264, Oct. 29, 2002, 116 Stat.

1699.)

-End-

-CITE-

42 USC Sec. 15425 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part D - Election Assistance

subpart 2 - payments to states and units of local government to

assure access for individuals with disabilities

-HEAD-

Sec. 15425. Reports

-STATUTE-

(a) Reports by recipients

Not later than the (!1) 6 months after the end of each fiscal

year for which an eligible State or eligible unit of local

government received a payment under this subpart, the State or unit

shall submit a report to the Secretary on the activities conducted

with the funds provided during the year, and shall include in the

report a list of expenditures made with respect to each category of

activities described in section 15421(b) of this title.

(b) Report by Secretary to Committees

With respect to each fiscal year for which the Secretary makes

payments under this subpart, the Secretary shall submit a report on

the activities carried out under this subpart to the Committee on

House Administration of the House of Representatives and the

Committee on Rules and Administration of the Senate.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 265, Oct. 29, 2002, 116 Stat.

1699.)

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

42 USC subpart 3 - grants for research on voting

technology improvements 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part D - Election Assistance

subpart 3 - grants for research on voting technology improvements

-HEAD-

SUBPART 3 - GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS

-End-

-CITE-

42 USC Sec. 15441 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part D - Election Assistance

subpart 3 - grants for research on voting technology improvements

-HEAD-

Sec. 15441. Grants for research on voting technology improvements

-STATUTE-

(a) In general

The Commission shall make grants to assist entities in carrying

out research and development to improve the quality, reliability,

accuracy, accessibility, affordability, and security of voting

equipment, election systems, and voting technology.

(b) Eligibility

An entity is eligible to receive a grant under this subpart if it

submits to the Commission (at such time and in such form as the

Commission may require) an application containing -

(1) certifications that the research and development funded

with the grant will take into account the need to make voting

equipment fully accessible for individuals with disabilities,

including the blind and visually impaired, the need to ensure

that such individuals can vote independently and with privacy,

and the need to provide alternative language accessibility for

individuals with limited proficiency in the English language

(consistent with the requirements of the Voting Rights Act of

1965 [42 U.S.C. 1973 et seq.]); and

(2) such other information and certifications as the Commission

may require.

(c) Applicability of regulations governing patent rights in

inventions made with Federal assistance

Any invention made by the recipient of a grant under this subpart

using funds provided under this subpart shall be subject to chapter

18 of title 35 (relating to patent rights in inventions made with

Federal assistance).

(d) Recommendation of topics for research

(1) In general

The Director of the National Institute of Standards and

Technology (hereafter in this section referred to as the

"Director") shall submit to the Commission an annual list of the

Director's suggestions for issues which may be the subject of

research funded with grants awarded under this subpart during the

year.

(2) Review of grant applications received by Commission

The Commission shall submit each application it receives for a

grant under this subpart to the Director, who shall review the

application and provide the Commission with such comments as the

Director considers appropriate.

(3) Monitoring and adjustment of grant activities at request of

Commission

After the Commission has awarded a grant under this subpart,

the Commission may request that the Director monitor the grant,

and (to the extent permitted under the terms of the grant as

awarded) the Director may recommend to the Commission that the

recipient of the grant modify and adjust the activities carried

out under the grant.

(4) Evaluation of grants at request of Commission

(A) In general

In the case of a grant for which the Commission submits the

application to the Director under paragraph (2) or requests

that the Director monitor the grant under paragraph (3), the

Director shall prepare and submit to the Commission an

evaluation of the grant and the activities carried out under

the grant.

(B) Inclusion in reports

The Commission shall include the evaluations submitted under

subparagraph (A) for a year in the report submitted for the

year under section 15327 of this title.

(e) Provision of information on projects

The Commission may provide to the Technical Guidelines

Development Committee under subpart 3 of part A of this subchapter

such information regarding the activities funded under this subpart

as the Commission deems necessary to assist the Committee in

carrying out its duties.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 271, Oct. 29, 2002, 116 Stat.

1699.)

-REFTEXT-

REFERENCES IN TEXT

The Voting Rights Act of 1965, referred to in subsec. (b)(1), is

Pub. L. 89-110, Aug. 6, 1965, 79 Stat. 437, as amended, which is

classified generally to subchapters I-A (Sec. 1973 et seq.), I-B

(Sec. 1973aa et seq.), and I-C (Sec. 1973bb et seq.) of chapter 20

of this title . For complete classification of this Act to the

Code, see Short Title note set out under section 1971 of this title

and Tables.

-End-

-CITE-

42 USC Sec. 15442 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part D - Election Assistance

subpart 3 - grants for research on voting technology improvements

-HEAD-

Sec. 15442. Report

-STATUTE-

(a) In general

Each entity which receives a grant under this subpart shall

submit to the Commission a report describing the activities carried

out with the funds provided under the grant.

(b) Deadline

An entity shall submit a report required under subsection (a) of

this section not later than 60 days after the end of the fiscal

year for which the entity received the grant which is the subject

of the report.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 272, Oct. 29, 2002, 116 Stat.

1700.)

-End-

-CITE-

42 USC Sec. 15443 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part D - Election Assistance

subpart 3 - grants for research on voting technology improvements

-HEAD-

Sec. 15443. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated for grants under this

subpart $20,000,000 for fiscal year 2003.

(b) Availability of funds

Amounts appropriated pursuant to the authorization under this

section shall remain available, without fiscal year limitation,

until expended.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 273, Oct. 29, 2002, 116 Stat.

1700.)

-End-

-CITE-

42 USC subpart 4 - pilot program for testing of equipment

and technology 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part D - Election Assistance

subpart 4 - pilot program for testing of equipment and technology

-HEAD-

SUBPART 4 - PILOT PROGRAM FOR TESTING OF EQUIPMENT AND TECHNOLOGY

-End-

-CITE-

42 USC Sec. 15451 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part D - Election Assistance

subpart 4 - pilot program for testing of equipment and technology

-HEAD-

Sec. 15451. Pilot program

-STATUTE-

(a) In general

The Commission shall make grants to carry out pilot programs

under which new technologies in voting systems and equipment are

tested and implemented on a trial basis so that the results of such

tests and trials are reported to Congress.

(b) Eligibility

An entity is eligible to receive a grant under this subpart if it

submits to the Commission (at such time and in such form as the

Commission may require) an application containing -

(1) certifications that the pilot programs funded with the

grant will take into account the need to make voting equipment

fully accessible for individuals with disabilities, including the

blind and visually impaired, the need to ensure that such

individuals can vote independently and with privacy, and the need

to provide alternative language accessibility for individuals

with limited proficiency in the English language (consistent with

the requirements of the Voting Rights Act of 1965 [42 U.S.C. 1973

et seq.] and the requirements of this chapter); and

(2) such other information and certifications as the Commission

may require.

(c) Recommendation of topics for pilot programs

(1) In general

The Director of the National Institute of Standards and

Technology (hereafter in this section referred to as the

"Director") shall submit to the Commission an annual list of the

Director's suggestions for issues which may be the subject of

pilot programs funded with grants awarded under this subpart

during the year.

(2) Review of grant applications received by Commission

The Commission shall submit each application it receives for a

grant under this subpart to the Director, who shall review the

application and provide the Commission with such comments as the

Director considers appropriate.

(3) Monitoring and adjustment of grant activities at request of

Commission

After the Commission has awarded a grant under this subpart,

the Commission may request that the Director monitor the grant,

and (to the extent permitted under the terms of the grant as

awarded) the Director may recommend to the Commission that the

recipient of the grant modify and adjust the activities carried

out under the grant.

(4) Evaluation of grants at request of Commission

(A) In general

In the case of a grant for which the Commission submits the

application to the Director under paragraph (2) or requests

that the Director monitor the grant under paragraph (3), the

Director shall prepare and submit to the Commission an

evaluation of the grant and the activities carried out under

the grant.

(B) Inclusion in reports

The Commission shall include the evaluations submitted under

subparagraph (A) for a year in the report submitted for the

year under section 15327 of this title.

(d) Provision of information on projects

The Commission may provide to the Technical Guidelines

Development Committee under subpart 3 of part A of this subchapter

such information regarding the activities funded under this subpart

as the Commission deems necessary to assist the Committee in

carrying out its duties.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 281, Oct. 29, 2002, 116 Stat.

1701.)

-REFTEXT-

REFERENCES IN TEXT

The Voting Rights Act of 1965, referred to in subsec. (b)(1), is

Pub. L. 89-110, Aug. 6, 1965, 79 Stat. 437, as amended, which is

classified generally to subchapters I-A (Sec. 1973 et seq.), I-B

(Sec. 1973aa et seq.), and I-C (Sec. 1973bb et seq.) of chapter 20

of this title. For complete classification of this Act to the Code,

see Short Title note set out under section 1971 of this title and

Tables.

This chapter, referred to in subsec. (b)(1), was in the original

"this Act", meaning Pub. L. 107-252, Oct. 29, 2002, 116 Stat. 1666,

which is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 15301 of this title and Tables.

-End-

-CITE-

42 USC Sec. 15452 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part D - Election Assistance

subpart 4 - pilot program for testing of equipment and technology

-HEAD-

Sec. 15452. Report

-STATUTE-

(a) In general

Each entity which receives a grant under this subpart shall

submit to the Commission a report describing the activities carried

out with the funds provided under the grant.

(b) Deadline

An entity shall submit a report required under subsection (a) of

this section not later than 60 days after the end of the fiscal

year for which the entity received the grant which is the subject

of the report.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 282, Oct. 29, 2002, 116 Stat.

1702.)

-End-

-CITE-

42 USC Sec. 15453 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part D - Election Assistance

subpart 4 - pilot program for testing of equipment and technology

-HEAD-

Sec. 15453. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated for grants under this

subpart $10,000,000 for fiscal year 2003.

(b) Availability of funds

Amounts appropriated pursuant to the authorization under this

section shall remain available, without fiscal year limitation,

until expended.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 283, Oct. 29, 2002, 116 Stat.

1702.)

-End-

-CITE-

42 USC subpart 5 - protection and advocacy systems 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part D - Election Assistance

subpart 5 - protection and advocacy systems

-HEAD-

SUBPART 5 - PROTECTION AND ADVOCACY SYSTEMS

-End-

-CITE-

42 USC Sec. 15461 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part D - Election Assistance

subpart 5 - protection and advocacy systems

-HEAD-

Sec. 15461. Payments for protection and advocacy systems

-STATUTE-

(a) In general

In addition to any other payments made under this part, the

Secretary of Health and Human Services shall pay the protection and

advocacy system (as defined in section 102 of the Developmental

Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C.

15002)) of each State to ensure full participation in the electoral

process for individuals with disabilities, including registering to

vote, casting a vote and accessing polling places. In providing

such services, protection and advocacy systems shall have the same

general authorities as they are afforded under subtitle C of title

I of the Developmental Disabilities Assistance and Bill of Rights

Act of 2000 (42 U.S.C. 15041 et seq.).

(b) Minimum grant amount

The minimum amount of each grant to a protection and advocacy

system shall be determined and allocated as set forth in

subsections (c)(3), (c)(4), (c)(5), (e), and (g) of section 794e of

title 29, except that the amount of the grants to systems referred

to in subsections (c)(3)(B) and (c)(4)(B) of that section shall be

not less than $70,000 and $35,000, respectively.

(c) Training and technical assistance program

(1) In general

Not later than 90 days after the date on which the initial

appropriation of funds for a fiscal year is made pursuant to the

authorization under section 15462 of this title, the Secretary

shall set aside 7 percent of the amount appropriated under such

section and use such portion to make payments to eligible

entities to provide training and technical assistance with

respect to the activities carried out under this section.

(2) Use of funds

A recipient of a payment under this subsection may use the

payment to support training in the use of voting systems and

technologies, and to demonstrate and evaluate the use of such

systems and technologies, by individuals with disabilities

(including blindness) in order to assess the availability and use

of such systems and technologies for such individuals. At least

one of the recipients under this subsection shall use the payment

to provide training and technical assistance for nonvisual

access.

(3) Eligibility

An entity is eligible to receive a payment under this

subsection if the entity -

(A) is a public or private nonprofit entity with demonstrated

experience in voting issues for individuals with disabilities;

(B) is governed by a board with respect to which the majority

of its members are individuals with disabilities or family

members of such individuals or individuals who are blind; and

(C) submits to the Secretary an application at such time, in

such manner, and containing such information as the Secretary

may require.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 291, Oct. 29, 2002, 116 Stat.

1702.)

-REFTEXT-

REFERENCES IN TEXT

The Developmental Disabilities Assistance and Bill of Rights Act

of 2000, referred to in subsec. (a), is Pub. L. 106-402, Oct. 30,

2000, 114 Stat. 1677. Subtitle C of title I of the Act is

classified generally to part C (Sec. 15041 et seq.) of subchapter I

of chapter 144 of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 15001

of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15462 of this title.

-End-

-CITE-

42 USC Sec. 15462 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part D - Election Assistance

subpart 5 - protection and advocacy systems

-HEAD-

Sec. 15462. Authorization of appropriations

-STATUTE-

(a) In general

In addition to any other amounts authorized to be appropriated

under this part, there are authorized to be appropriated

$10,000,000 for each of the fiscal years 2003, 2004, 2005, and

2006, and for each subsequent fiscal year such sums as may be

necessary, for the purpose of making payments under section

15461(a) of this title; except that none of the funds provided by

this subsection shall be used to initiate or otherwise participate

in any litigation related to election-related disability access,

notwithstanding the general authorities that the protection and

advocacy systems are otherwise afforded under subtitle C of title I

of the Developmental Disabilities Assistance and Bill of Rights Act

of 2000 (42 U.S.C. 15041 et seq.).

(b) Availability

Any amounts appropriated pursuant to the authority of this

section shall remain available until expended.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 292, Oct. 29, 2002, 116 Stat.

1703.)

-REFTEXT-

REFERENCES IN TEXT

The Developmental Disabilities Assistance and Bill of Rights Act

of 2000, referred to in subsec. (a), is Pub. L. 106-402, Oct. 30,

2000, 114 Stat. 1677. Subtitle C of title I of the Act is

classified generally to part C (Sec. 15041 et seq.) of subchapter I

of chapter 144 of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 15001

of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15461 of this title.

-End-

-CITE-

42 USC subpart 6 - national student and parent mock

election 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part D - Election Assistance

subpart 6 - national student and parent mock election

-HEAD-

SUBPART 6 - NATIONAL STUDENT AND PARENT MOCK ELECTION

-End-

-CITE-

42 USC Sec. 15471 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part D - Election Assistance

subpart 6 - national student and parent mock election

-HEAD-

Sec. 15471. National student and parent mock election

-STATUTE-

(a) In general

The Election Assistance Commission is authorized to award grants

to the National Student and Parent Mock Election, a national

nonprofit, nonpartisan organization that works to promote voter

participation in American elections to enable it to carry out voter

education activities for students and their parents. Such

activities may -

(1) include simulated national elections at least 5 days before

the actual election that permit participation by students and

parents from each of the 50 States in the United States, its

territories, the District of Columbia, and United States schools

overseas; and

(2) consist of -

(A) school forums and local cable call-in shows on the

national issues to be voted upon in an "issues forum";

(B) speeches and debates before students and parents by local

candidates or stand-ins for such candidates;

(C) quiz team competitions, mock press conferences, and

speech writing competitions;

(D) weekly meetings to follow the course of the campaign; or

(E) school and neighborhood campaigns to increase voter

turnout, including newsletters, posters, telephone chains, and

transportation.

(b) Requirement

The National Student and Parent Mock Election shall present

awards to outstanding student and parent mock election projects.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 295, Oct. 29, 2002, 116 Stat.

1703.)

-End-

-CITE-

42 USC Sec. 15472 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER II - COMMISSION

Part D - Election Assistance

subpart 6 - national student and parent mock election

-HEAD-

Sec. 15472. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out the

provisions of this part $200,000 for fiscal year 2003 and such sums

as may be necessary for each of the 6 succeeding fiscal years.

-SOURCE-

(Pub. L. 107-252, title II, Sec. 296, Oct. 29, 2002, 116 Stat.

1704.)

-End-

-CITE-

42 USC SUBCHAPTER III - UNIFORM AND NONDISCRIMINATORY

ELECTION TECHNOLOGY AND ADMINISTRATION

REQUIREMENTS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER III - UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY

AND ADMINISTRATION REQUIREMENTS

-HEAD-

SUBCHAPTER III - UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY

AND ADMINISTRATION REQUIREMENTS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 15301, 15342, 15401,

15403, 15404, 15512 of this title.

-End-

-CITE-

42 USC Part A - Requirements 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER III - UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY

AND ADMINISTRATION REQUIREMENTS

Part A - Requirements

-HEAD-

PART A - REQUIREMENTS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 15501 of this title.

-End-

-CITE-

42 USC Sec. 15481 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER III - UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY

AND ADMINISTRATION REQUIREMENTS

Part A - Requirements

-HEAD-

Sec. 15481. Voting systems standards

-STATUTE-

(a) Requirements

Each voting system used in an election for Federal office shall

meet the following requirements:

(1) In general

(A) Except as provided in subparagraph (B), the voting system

(including any lever voting system, optical scanning voting

system, or direct recording electronic system) shall -

(i) permit the voter to verify (in a private and independent

manner) the votes selected by the voter on the ballot before

the ballot is cast and counted;

(ii) provide the voter with the opportunity (in a private and

independent manner) to change the ballot or correct any error

before the ballot is cast and counted (including the

opportunity to correct the error through the issuance of a

replacement ballot if the voter was otherwise unable to change

the ballot or correct any error); and

(iii) if the voter selects votes for more than one candidate

for a single office -

(I) notify the voter that the voter has selected more than

one candidate for a single office on the ballot;

(II) notify the voter before the ballot is cast and counted

of the effect of casting multiple votes for the office; and

(III) provide the voter with the opportunity to correct the

ballot before the ballot is cast and counted.

(B) A State or jurisdiction that uses a paper ballot voting

system, a punch card voting system, or a central count voting

system (including mail-in absentee ballots and mail-in ballots),

may meet the requirements of subparagraph (A)(iii) by -

(i) establishing a voter education program specific to that

voting system that notifies each voter of the effect of casting

multiple votes for an office; and

(ii) providing the voter with instructions on how to correct

the ballot before it is cast and counted (including

instructions on how to correct the error through the issuance

of a replacement ballot if the voter was otherwise unable to

change the ballot or correct any error).

(C) The voting system shall ensure that any notification

required under this paragraph preserves the privacy of the voter

and the confidentiality of the ballot.

(2) Audit capacity

(A) In general

The voting system shall produce a record with an audit

capacity for such system.

(B) Manual audit capacity

(i) The voting system shall produce a permanent paper record

with a manual audit capacity for such system.

(ii) The voting system shall provide the voter with an

opportunity to change the ballot or correct any error before

the permanent paper record is produced.

(iii) The paper record produced under subparagraph (A) shall

be available as an official record for any recount conducted

with respect to any election in which the system is used.

(3) Accessibility for individuals with disabilities

The voting system shall -

(A) be accessible for individuals with disabilities,

including nonvisual accessibility for the blind and visually

impaired, in a manner that provides the same opportunity for

access and participation (including privacy and independence)

as for other voters;

(B) satisfy the requirement of subparagraph (A) through the

use of at least one direct recording electronic voting system

or other voting system equipped for individuals with

disabilities at each polling place; and

(C) if purchased with funds made available under subchapter

II of this chapter on or after January 1, 2007, meet the voting

system standards for disability access (as outlined in this

paragraph).

(4) Alternative language accessibility

The voting system shall provide alternative language

accessibility pursuant to the requirements of section 1973aa-1a

of this title.

(5) Error rates

The error rate of the voting system in counting ballots

(determined by taking into account only those errors which are

attributable to the voting system and not attributable to an act

of the voter) shall comply with the error rate standards

established under section 3.2.1 of the voting systems standards

issued by the Federal Election Commission which are in effect on

October 29, 2002.

(6) Uniform definition of what constitutes a vote

Each State shall adopt uniform and nondiscriminatory standards

that define what constitutes a vote and what will be counted as a

vote for each category of voting system used in the State.

(b) Voting system defined

In this section, the term "voting system" means -

(1) the total combination of mechanical, electromechanical, or

electronic equipment (including the software, firmware, and

documentation required to program, control, and support the

equipment) that is used -

(A) to define ballots;

(B) to cast and count votes;

(C) to report or display election results; and

(D) to maintain and produce any audit trail information; and

(2) the practices and associated documentation used -

(A) to identify system components and versions of such

components;

(B) to test the system during its development and

maintenance;

(C) to maintain records of system errors and defects;

(D) to determine specific system changes to be made to a

system after the initial qualification of the system; and

(E) to make available any materials to the voter (such as

notices, instructions, forms, or paper ballots).

(c) Construction

(1) In general

Nothing in this section shall be construed to prohibit a State

or jurisdiction which used a particular type of voting system in

the elections for Federal office held in November 2000 from using

the same type of system after the effective date of this section,

so long as the system meets or is modified to meet the

requirements of this section.

(2) Protection of paper ballot voting systems

For purposes of subsection (a)(1)(A)(i) of this section, the

term "verify" may not be defined in a manner that makes it

impossible for a paper ballot voting system to meet the

requirements of such subsection or to be modified to meet such

requirements.

(d) Effective date

Each State and jurisdiction shall be required to comply with the

requirements of this section on and after January 1, 2006.

-SOURCE-

(Pub. L. 107-252, title III, Sec. 301, Oct. 29, 2002, 116 Stat.

1704.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15302, 15401, 15404,

15501, 15511 of this title.

-End-

-CITE-

42 USC Sec. 15482 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER III - UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY

AND ADMINISTRATION REQUIREMENTS

Part A - Requirements

-HEAD-

Sec. 15482. Provisional voting and voting information requirements

-STATUTE-

(a) Provisional voting requirements

If an individual declares that such individual is a registered

voter in the jurisdiction in which the individual desires to vote

and that the individual is eligible to vote in an election for

Federal office, but the name of the individual does not appear on

the official list of eligible voters for the polling place or an

election official asserts that the individual is not eligible to

vote, such individual shall be permitted to cast a provisional

ballot as follows:

(1) An election official at the polling place shall notify the

individual that the individual may cast a provisional ballot in

that election.

(2) The individual shall be permitted to cast a provisional

ballot at that polling place upon the execution of a written

affirmation by the individual before an election official at the

polling place stating that the individual is -

(A) a registered voter in the jurisdiction in which the

individual desires to vote; and

(B) eligible to vote in that election.

(3) An election official at the polling place shall transmit

the ballot cast by the individual or the voter information

contained in the written affirmation executed by the individual

under paragraph (2) to an appropriate State or local election

official for prompt verification under paragraph (4).

(4) If the appropriate State or local election official to whom

the ballot or voter information is transmitted under paragraph

(3) determines that the individual is eligible under State law to

vote, the individual's provisional ballot shall be counted as a

vote in that election in accordance with State law.

(5)(A) At the time that an individual casts a provisional

ballot, the appropriate State or local election official shall

give the individual written information that states that any

individual who casts a provisional ballot will be able to

ascertain under the system established under subparagraph (B)

whether the vote was counted, and, if the vote was not counted,

the reason that the vote was not counted.

(B) The appropriate State or local election official shall

establish a free access system (such as a toll-free telephone

number or an Internet website) that any individual who casts a

provisional ballot may access to discover whether the vote of

that individual was counted, and, if the vote was not counted,

the reason that the vote was not counted.

States described in section 1973gg-2(b) of this title may meet the

requirements of this subsection using voter registration procedures

established under applicable State law. The appropriate State or

local official shall establish and maintain reasonable procedures

necessary to protect the security, confidentiality, and integrity

of personal information collected, stored, or otherwise used by the

free access system established under paragraph (5)(B). Access to

information about an individual provisional ballot shall be

restricted to the individual who cast the ballot.

(b) Voting information requirements

(1) Public posting on election day

The appropriate State or local election official shall cause

voting information to be publicly posted at each polling place on

the day of each election for Federal office.

(2) Voting information defined

In this section, the term "voting information" means -

(A) a sample version of the ballot that will be used for that

election;

(B) information regarding the date of the election and the

hours during which polling places will be open;

(C) instructions on how to vote, including how to cast a vote

and how to cast a provisional ballot;

(D) instructions for mail-in registrants and first-time

voters under section 15483(b) of this title;

(E) general information on voting rights under applicable

Federal and State laws, including information on the right of

an individual to cast a provisional ballot and instructions on

how to contact the appropriate officials if these rights are

alleged to have been violated; and

(F) general information on Federal and State laws regarding

prohibitions on acts of fraud and misrepresentation.

(c) Voters who vote after the polls close

Any individual who votes in an election for Federal office as a

result of a Federal or State court order or any other order

extending the time established for closing the polls by a State law

in effect 10 days before the date of that election may only vote in

that election by casting a provisional ballot under subsection (a)

of this section. Any such ballot cast under the preceding sentence

shall be separated and held apart from other provisional ballots

cast by those not affected by the order.

(d) Effective date for provisional voting and voting information

Each State and jurisdiction shall be required to comply with the

requirements of this section on and after January 1, 2004.

-SOURCE-

(Pub. L. 107-252, title III, Sec. 302, Oct. 29, 2002, 116 Stat.

1706.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15483, 15501, 15511 of

this title.

-End-

-CITE-

42 USC Sec. 15483 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER III - UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY

AND ADMINISTRATION REQUIREMENTS

Part A - Requirements

-HEAD-

Sec. 15483. Computerized statewide voter registration list

requirements and requirements for voters who register by mail

-STATUTE-

(a) Computerized statewide voter registration list requirements

(1) Implementation

(A) In general

Except as provided in subparagraph (B), each State, acting

through the chief State election official, shall implement, in

a uniform and nondiscriminatory manner, a single, uniform,

official, centralized, interactive computerized statewide voter

registration list defined, maintained, and administered at the

State level that contains the name and registration information

of every legally registered voter in the State and assigns a

unique identifier to each legally registered voter in the State

(in this subsection referred to as the "computerized list"),

and includes the following:

(i) The computerized list shall serve as the single system

for storing and managing the official list of registered

voters throughout the State.

(ii) The computerized list contains the name and

registration information of every legally registered voter in

the State.

(iii) Under the computerized list, a unique identifier is

assigned to each legally registered voter in the State.

(iv) The computerized list shall be coordinated with other

agency databases within the State.

(v) Any election official in the State, including any local

election official, may obtain immediate electronic access to

the information contained in the computerized list.

(vi) All voter registration information obtained by any

local election official in the State shall be electronically

entered into the computerized list on an expedited basis at

the time the information is provided to the local official.

(vii) The chief State election official shall provide such

support as may be required so that local election officials

are able to enter information as described in clause (vi).

(viii) The computerized list shall serve as the official

voter registration list for the conduct of all elections for

Federal office in the State.

(B) Exception

The requirement under subparagraph (A) shall not apply to a

State in which, under a State law in effect continuously on and

after October 29, 2002, there is no voter registration

requirement for individuals in the State with respect to

elections for Federal office.

(2) Computerized list maintenance

(A) In general

The appropriate State or local election official shall

perform list maintenance with respect to the computerized list

on a regular basis as follows:

(i) If an individual is to be removed from the computerized

list, such individual shall be removed in accordance with the

provisions of the National Voter Registration Act of 1993 (42

U.S.C. 1973gg et seq.), including subsections (a)(4), (c)(2),

(d), and (e) of section 8 of such Act (42 U.S.C. 1973gg-6).

(ii) For purposes of removing names of ineligible voters

from the official list of eligible voters -

(I) under section 8(a)(3)(B) of such Act (42 U.S.C.

1973gg-6(a)(3)(B)), the State shall coordinate the

computerized list with State agency records on felony

status; and

(II) by reason of the death of the registrant under

section 8(a)(4)(A) of such Act (42 U.S.C.

1973gg-6(a)(4)(A)), the State shall coordinate the

computerized list with State agency records on death.

(iii) Notwithstanding the preceding provisions of this

subparagraph, if a State is described in section 4(b) of the

National Voter Registration Act of 1993 (42 U.S.C.

1973gg-2(b)), that State shall remove the names of ineligible

voters from the computerized list in accordance with State

law.

(B) Conduct

The list maintenance performed under subparagraph (A) shall

be conducted in a manner that ensures that -

(i) the name of each registered voter appears in the

computerized list;

(ii) only voters who are not registered or who are not

eligible to vote are removed from the computerized list; and

(iii) duplicate names are eliminated from the computerized

list.

(3) Technological security of computerized list

The appropriate State or local official shall provide adequate

technological security measures to prevent the unauthorized

access to the computerized list established under this section.

(4) Minimum standard for accuracy of State voter registration

records

The State election system shall include provisions to ensure

that voter registration records in the State are accurate and are

updated regularly, including the following:

(A) A system of file maintenance that makes a reasonable

effort to remove registrants who are ineligible to vote from

the official list of eligible voters. Under such system,

consistent with the National Voter Registration Act of 1993 (42

U.S.C. 1973gg et seq.), registrants who have not responded to a

notice and who have not voted in 2 consecutive general

elections for Federal office shall be removed from the official

list of eligible voters, except that no registrant may be

removed solely by reason of a failure to vote.

(B) Safeguards to ensure that eligible voters are not removed

in error from the official list of eligible voters.

(5) Verification of voter registration information

(A) Requiring provision of certain information by applicants

(i) In general

Except as provided in clause (ii), notwithstanding any

other provision of law, an application for voter registration

for an election for Federal office may not be accepted or

processed by a State unless the application includes -

(I) in the case of an applicant who has been issued a

current and valid driver's license, the applicant's

driver's license number; or

(II) in the case of any other applicant (other than an

applicant to whom clause (ii) applies), the last 4 digits

of the applicant's social security number.

(ii) Special rule for applicants without driver's license or

social security number

If an applicant for voter registration for an election for

Federal office has not been issued a current and valid

driver's license or a social security number, the State shall

assign the applicant a number which will serve to identify

the applicant for voter registration purposes. To the extent

that the State has a computerized list in effect under this

subsection and the list assigns unique identifying numbers to

registrants, the number assigned under this clause shall be

the unique identifying number assigned under the list.

(iii) Determination of validity of numbers provided

The State shall determine whether the information provided

by an individual is sufficient to meet the requirements of

this subparagraph, in accordance with State law.

(B) Requirements for State officials

(i) Sharing information in databases

The chief State election official and the official

responsible for the State motor vehicle authority of a State

shall enter into an agreement to match information in the

database of the statewide voter registration system with

information in the database of the motor vehicle authority to

the extent required to enable each such official to verify

the accuracy of the information provided on applications for

voter registration.

(ii) Agreements with Commissioner of Social Security

The official responsible for the State motor vehicle

authority shall enter into an agreement with the Commissioner

of Social Security under section 405(r)(8) of this title (as

added by subparagraph (C)).

(C) Omitted

(D) Special rule for certain States

In the case of a State which is permitted to use social

security numbers, and provides for the use of social security

numbers, on applications for voter registration, in accordance

with section 7 of the Privacy Act of 1974 (5 U.S.C. 552a note),

the provisions of this paragraph shall be optional.

(b) Requirements for voters who register by mail

(1) In general

Notwithstanding section 6(c) of the National Voter Registration

Act of 1993 (42 U.S.C. 1973gg-4(c)) and subject to paragraph (3),

a State shall, in a uniform and nondiscriminatory manner, require

an individual to meet the requirements of paragraph (2) if -

(A) the individual registered to vote in a jurisdiction by

mail; and

(B)(i) the individual has not previously voted in an election

for Federal office in the State; or

(ii) the individual has not previously voted in such an

election in the jurisdiction and the jurisdiction is located in

a State that does not have a computerized list that complies

with the requirements of subsection (a) of this section.

(2) Requirements

(A) In general

An individual meets the requirements of this paragraph if the

individual -

(i) in the case of an individual who votes in person -

(I) presents to the appropriate State or local election

official a current and valid photo identification; or

(II) presents to the appropriate State or local election

official a copy of a current utility bill, bank statement,

government check, paycheck, or other government document

that shows the name and address of the voter; or

(ii) in the case of an individual who votes by mail,

submits with the ballot -

(I) a copy of a current and valid photo identification;

or

(II) a copy of a current utility bill, bank statement,

government check, paycheck, or other government document

that shows the name and address of the voter.

(B) Fail-safe voting

(i) In person

An individual who desires to vote in person, but who does

not meet the requirements of subparagraph (A)(i), may cast a

provisional ballot under section 15482(a) of this title.

(ii) By mail

An individual who desires to vote by mail but who does not

meet the requirements of subparagraph (A)(ii) may cast such a

ballot by mail and the ballot shall be counted as a

provisional ballot in accordance with section 15482(a) of

this title.

(3) Inapplicability

Paragraph (1) shall not apply in the case of a person -

(A) who registers to vote by mail under section 6 of the

National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4)

and submits as part of such registration either -

(i) a copy of a current and valid photo identification; or

(ii) a copy of a current utility bill, bank statement,

government check, paycheck, or government document that shows

the name and address of the voter;

(B)(i) who registers to vote by mail under section 6 of the

National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4)

and submits with such registration either -

(I) a driver's license number; or

(II) at least the last 4 digits of the individual's social

security number; and

(ii) with respect to whom a State or local election official

matches the information submitted under clause (i) with an

existing State identification record bearing the same number,

name and date of birth as provided in such registration; or

(C) who is -

(i) entitled to vote by absentee ballot under the Uniformed

and Overseas Citizens Absentee Voting Act [42 U.S.C. 1973ff

et seq.];

(ii) provided the right to vote otherwise than in person

under section 1973ee-1(b)(2)(B)(ii) of this title; or

(iii) entitled to vote otherwise than in person under any

other Federal law.

(4) Contents of mail-in registration form

(A) In general

The mail voter registration form developed under section 6 of

the National Voter Registration Act of 1993 (42 U.S.C.

1973gg-4) shall include the following:

(i) The question "Are you a citizen of the United States of

America?" and boxes for the applicant to check to indicate

whether the applicant is or is not a citizen of the United

States.

(ii) The question "Will you be 18 years of age on or before

election day?" and boxes for the applicant to check to

indicate whether or not the applicant will be 18 years of age

or older on election day.

(iii) The statement "If you checked 'no' in response to

either of these questions, do not complete this form.".

(iv) A statement informing the individual that if the form

is submitted by mail and the individual is registering for

the first time, the appropriate information required under

this section must be submitted with the mail-in registration

form in order to avoid the additional identification

requirements upon voting for the first time.

(B) Incomplete forms

If an applicant for voter registration fails to answer the

question included on the mail voter registration form pursuant

to subparagraph (A)(i), the registrar shall notify the

applicant of the failure and provide the applicant with an

opportunity to complete the form in a timely manner to allow

for the completion of the registration form prior to the next

election for Federal office (subject to State law).

(5) Construction

Nothing in this subsection shall be construed to require a

State that was not required to comply with a provision of the

National Voter Registration Act of 1993 (42 U.S.C. 1973gg et

seq.) before October 29, 2002, to comply with such a provision

after October 29, 2002.

(c) Permitted use of last 4 digits of social security numbers

The last 4 digits of a social security number described in

subsections (a)(5)(A)(i)(II) and (b)(3)(B)(i)(II) of this section

shall not be considered to be a social security number for purposes

of section 7 of the Privacy Act of 1974 (5 U.S.C. 552a note).

(d) Effective date

(1) Computerized statewide voter registration list requirements

(A) In general

Except as provided in subparagraph (B), each State and

jurisdiction shall be required to comply with the requirements

of subsection (a) of this section on and after January 1, 2004.

(B) Waiver

If a State or jurisdiction certifies to the Commission not

later than January 1, 2004, that the State or jurisdiction will

not meet the deadline described in subparagraph (A) for good

cause and includes in the certification the reasons for the

failure to meet such deadline, subparagraph (A) shall apply to

the State or jurisdiction as if the reference in such

subparagraph to "January 1, 2004" were a reference to "January

1, 2006".

(2) Requirement for voters who register by mail

(A) In general

Each State and jurisdiction shall be required to comply with

the requirements of subsection (b) of this section on and after

January 1, 2004, and shall be prepared to receive registration

materials submitted by individuals described in subparagraph

(B) on and after the date described in such subparagraph.

(B) Applicability with respect to individuals

The provisions of subsection (b) of this section shall apply

to any individual who registers to vote on or after January 1,

2003.

-SOURCE-

(Pub. L. 107-252, title III, Sec. 303, Oct. 29, 2002, 116 Stat.

1708.)

-REFTEXT-

REFERENCES IN TEXT

The National Voter Registration Act of 1993, referred to in

subsecs. (a)(2)(A)(i), (4)(A) and (b)(5), is Pub. L. 103-31, May

20, 1993, 107 Stat. 77, as amended, which is classified principally

to subchapter I-H (Sec. 1973gg et seq.) of chapter 20 of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1971 of this title and

Tables.

Section 7 of the Privacy Act of 1974, referred to in subsecs.

(a)(5)(D) and (c), is section 7 of Pub. L. 93-579, which is set out

as a note under section 552a of Title 5, Government Organization

and Employees.

The Uniformed and Overseas Citizens Absentee Voting Act, referred

to in subsec. (b)(3)(C)(i), is Pub. L. 99-410, Aug. 28, 1986, 100

Stat. 924, as amended, which is classified principally to

subchapter I-G (Sec. 1973ff et seq.) of chapter 20 of this title.

For complete classification of this Act to the Code, see Short

Title of 1986 Amendment note set out under section 1971 of this

title and Tables.

-COD-

CODIFICATION

Section is comprised of section 303 of Pub. L. 107-252. Subsec.

(a)(5)(C) of section 303 of Pub. L. 107-252 amended section 405 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15361, 15384, 15482,

15501, 15511, 15545 of this title.

-End-

-CITE-

42 USC Sec. 15484 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER III - UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY

AND ADMINISTRATION REQUIREMENTS

Part A - Requirements

-HEAD-

Sec. 15484. Minimum requirements

-STATUTE-

The requirements established by this subchapter are minimum

requirements and nothing in this subchapter shall be construed to

prevent a State from establishing election technology and

administration requirements that are more strict than the

requirements established under this subchapter so long as such

State requirements are not inconsistent with the Federal

requirements under this subchapter or any law described in section

15545 of this title.

-SOURCE-

(Pub. L. 107-252, title III, Sec. 304, Oct. 29, 2002, 116 Stat.

1714.)

-End-

-CITE-

42 USC Sec. 15485 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER III - UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY

AND ADMINISTRATION REQUIREMENTS

Part A - Requirements

-HEAD-

Sec. 15485. Methods of implementation left to discretion of State

-STATUTE-

The specific choices on the methods of complying with the

requirements of this subchapter shall be left to the discretion of

the State.

-SOURCE-

(Pub. L. 107-252, title III, Sec. 305, Oct. 29, 2002, 116 Stat.

1714.)

-End-

-CITE-

42 USC Part B - Voluntary Guidance 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER III - UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY

AND ADMINISTRATION REQUIREMENTS

Part B - Voluntary Guidance

-HEAD-

PART B - VOLUNTARY GUIDANCE

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 15322, 15327 of this title.

-End-

-CITE-

42 USC Sec. 15501 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER III - UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY

AND ADMINISTRATION REQUIREMENTS

Part B - Voluntary Guidance

-HEAD-

Sec. 15501. Adoption of voluntary guidance by Commission

-STATUTE-

(a) In general

To assist States in meeting the requirements of part A of this

subchapter, the Commission shall adopt voluntary guidance

consistent with such requirements in accordance with the procedures

described in section 15502 of this title.

(b) Deadlines

The Commission shall adopt the recommendations under this section

not later than -

(1) in the case of the recommendations with respect to section

15481 of this title, January 1, 2004;

(2) in the case of the recommendations with respect to section

15482 of this title, October 1, 2003; and

(3) in the case of the recommendations with respect to section

15483 of this title, October 1, 2003.

(c) Quadrennial update

The Commission shall review and update recommendations adopted

with respect to section 15481 of this title no less frequently than

once every 4 years.

-SOURCE-

(Pub. L. 107-252, title III, Sec. 311, Oct. 29, 2002, 116 Stat.

1715.)

-End-

-CITE-

42 USC Sec. 15502 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER III - UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY

AND ADMINISTRATION REQUIREMENTS

Part B - Voluntary Guidance

-HEAD-

Sec. 15502. Process for adoption

-STATUTE-

The adoption of the voluntary guidance under this part shall be

carried out by the Commission in a manner that provides for each of

the following:

(1) Publication of notice of the proposed recommendations in

the Federal Register.

(2) An opportunity for public comment on the proposed

recommendations.

(3) An opportunity for a public hearing on the record.

(4) Publication of the final recommendations in the Federal

Register.

-SOURCE-

(Pub. L. 107-252, title III, Sec. 312, Oct. 29, 2002, 116 Stat.

1715.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15501 of this title.

-End-

-CITE-

42 USC SUBCHAPTER IV - ENFORCEMENT 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER IV - ENFORCEMENT

-HEAD-

SUBCHAPTER IV - ENFORCEMENT

-End-

-CITE-

42 USC Sec. 15511 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER IV - ENFORCEMENT

-HEAD-

Sec. 15511. Actions by the Attorney General for declaratory and

injunctive relief

-STATUTE-

The Attorney General may bring a civil action against any State

or jurisdiction in an appropriate United States District Court for

such declaratory and injunctive relief (including a temporary

restraining order, a permanent or temporary injunction, or other

order) as may be necessary to carry out the uniform and

nondiscriminatory election technology and administration

requirements under sections 15481, 15482, and 15483 of this title.

-SOURCE-

(Pub. L. 107-252, title IV, Sec. 401, Oct. 29, 2002, 116 Stat.

1715.)

-End-

-CITE-

42 USC Sec. 15512 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER IV - ENFORCEMENT

-HEAD-

Sec. 15512. Establishment of State-based administrative complaint

procedures to remedy grievances

-STATUTE-

(a) Establishment of State-based administrative complaint

procedures to remedy grievances

(1) Establishment of procedures as condition of receiving funds

If a State receives any payment under a program under this

chapter, the State shall be required to establish and maintain

State-based administrative complaint procedures which meet the

requirements of paragraph (2).

(2) Requirements for procedures

The requirements of this paragraph are as follows:

(A) The procedures shall be uniform and nondiscriminatory.

(B) Under the procedures, any person who believes that there

is a violation of any provision of subchapter III of this

chapter (including a violation which has occurred, is

occurring, or is about to occur) may file a complaint.

(C) Any complaint filed under the procedures shall be in

writing and notarized, and signed and sworn by the person

filing the complaint.

(D) The State may consolidate complaints filed under

subparagraph (B).

(E) At the request of the complainant, there shall be a

hearing on the record.

(F) If, under the procedures, the State determines that there

is a violation of any provision of subchapter III of this

chapter, the State shall provide the appropriate remedy.

(G) If, under the procedures, the State determines that there

is no violation, the State shall dismiss the complaint and

publish the results of the procedures.

(H) The State shall make a final determination with respect

to a complaint prior to the expiration of the 90-day period

which begins on the date the complaint is filed, unless the

complainant consents to a longer period for making such a

determination.

(I) If the State fails to meet the deadline applicable under

subparagraph (H), the complaint shall be resolved within 60

days under alternative dispute resolution procedures

established for purposes of this section. The record and other

materials from any proceedings conducted under the complaint

procedures established under this section shall be made

available for use under the alternative dispute resolution

procedures.

(b) Requiring Attorney General approval of compliance plan for

States not receiving funds

(1) In general

Not later than January 1, 2004, each nonparticipating State

shall elect -

(A) to certify to the Commission that the State meets the

requirements of subsection (a) of this section in the same

manner as a State receiving a payment under this chapter; or

(B) to submit a compliance plan to the Attorney General which

provides detailed information on the steps the State will take

to ensure that it meets the requirements of subchapter III of

this chapter.

(2) States without approved plan deemed out of compliance

A nonparticipating State (other than a State which makes the

election described in paragraph (1)(A)) shall be deemed to not

meet the requirements of subchapter III of this chapter if the

Attorney General has not approved a compliance plan submitted by

the State under this subsection.

(3) Nonparticipating State defined

In this section, a "nonparticipating State" is a State which,

during 2003, does not notify any office which is responsible for

making payments to States under any program under this chapter of

its intent to participate in, and receive funds under, the

program.

-SOURCE-

(Pub. L. 107-252, title IV, Sec. 402, Oct. 29, 2002, 116 Stat.

1715.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a)(1) and (b)(1)(A), (3),

was in the original "this Act", meaning Pub. L. 107-252, Oct. 29,

2002, 116 Stat. 1666, which is classified principally to this

chapter. For complete classification of this Act to the Code, see

Short Title note set out under section 15301 of this title and

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15403, 15404 of this

title.

-End-

-CITE-

42 USC SUBCHAPTER V - HELP AMERICA VOTE COLLEGE PROGRAM 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER V - HELP AMERICA VOTE COLLEGE PROGRAM

-HEAD-

SUBCHAPTER V - HELP AMERICA VOTE COLLEGE PROGRAM

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 15322 of this title.

-End-

-CITE-

42 USC Sec. 15521 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER V - HELP AMERICA VOTE COLLEGE PROGRAM

-HEAD-

Sec. 15521. Establishment of program

-STATUTE-

(a) In general

Not later than 1 year after the appointment of its members, the

Election Assistance Commission shall develop a program to be known

as the "Help America Vote College Program" (hereafter in this

subchapter referred to as the "Program").

(b) Purposes of Program

The purpose of the Program shall be -

(1) to encourage students enrolled at institutions of higher

education (including community colleges) to assist State and

local governments in the administration of elections by serving

as nonpartisan poll workers or assistants; and

(2) to encourage State and local governments to use the

services of the students participating in the Program.

-SOURCE-

(Pub. L. 107-252, title V, Sec. 501, Oct. 29, 2002, 116 Stat.

1717.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15522 of this title.

-End-

-CITE-

42 USC Sec. 15522 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER V - HELP AMERICA VOTE COLLEGE PROGRAM

-HEAD-

Sec. 15522. Activities under Program

-STATUTE-

(a) In general

In carrying out the Program, the Commission (in consultation with

the chief election official of each State) shall develop materials,

sponsor seminars and workshops, engage in advertising targeted at

students, make grants, and take such other actions as it considers

appropriate to meet the purposes described in section 15521(b) of

this title.

(b) Requirements for grant recipients

In making grants under the Program, the Commission shall ensure

that the funds provided are spent for projects and activities which

are carried out without partisan bias or without promoting any

particular point of view regarding any issue, and that each

recipient is governed in a balanced manner which does not reflect

any partisan bias.

(c) Coordination with institutions of higher education

The Commission shall encourage institutions of higher education

(including community colleges) to participate in the Program, and

shall make all necessary materials and other assistance (including

materials and assistance to enable the institution to hold

workshops and poll worker training sessions) available without

charge to any institution which desires to participate in the

Program.

-SOURCE-

(Pub. L. 107-252, title V, Sec. 502, Oct. 29, 2002, 116 Stat.

1717.)

-End-

-CITE-

42 USC Sec. 15523 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER V - HELP AMERICA VOTE COLLEGE PROGRAM

-HEAD-

Sec. 15523. Authorization of appropriations

-STATUTE-

In addition to any funds authorized to be appropriated to the

Commission under section 15330 of this title, there are authorized

to be appropriated to carry out this subchapter -

(1) $5,000,000 for fiscal year 2003; and

(2) such sums as may be necessary for each succeeding fiscal

year.

-SOURCE-

(Pub. L. 107-252, title V, Sec. 503, Oct. 29, 2002, 116 Stat.

1717.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15330 of this title.

-End-

-CITE-

42 USC SUBCHAPTER VI - TRANSFER TO COMMISSION OF

FUNCTIONS UNDER CERTAIN LAWS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER VI - TRANSFER TO COMMISSION OF FUNCTIONS UNDER CERTAIN

LAWS

-HEAD-

SUBCHAPTER VI - TRANSFER TO COMMISSION OF FUNCTIONS UNDER CERTAIN

LAWS

-End-

-CITE-

42 USC Sec. 15531 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER VI - TRANSFER TO COMMISSION OF FUNCTIONS UNDER CERTAIN

LAWS

-HEAD-

Sec. 15531. Transfer of functions of Office of Election

Administration of Federal Election Commission

-STATUTE-

There are transferred to the Election Assistance Commission

established under section 15321 of this title all functions which

the Office of Election Administration, established within the

Federal Election Commission, exercised before October 29, 2002.

-SOURCE-

(Pub. L. 107-252, title VIII, Sec. 801(a), Oct. 29, 2002, 116 Stat.

1725.)

-End-

-CITE-

42 USC Sec. 15532 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER VI - TRANSFER TO COMMISSION OF FUNCTIONS UNDER CERTAIN

LAWS

-HEAD-

Sec. 15532. Transfer of functions

-STATUTE-

There are transferred to the Election Assistance Commission

established under section 15321 of this title all functions which

the Federal Election Commission exercised under section 1973gg-7(a)

of this title before October 29, 2002.

-SOURCE-

(Pub. L. 107-252, title VIII, Sec. 802(a), Oct. 29, 2002, 116 Stat.

1726.)

-End-

-CITE-

42 USC Sec. 15533 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER VI - TRANSFER TO COMMISSION OF FUNCTIONS UNDER CERTAIN

LAWS

-HEAD-

Sec. 15533. Transfer of property, records, and personnel

-STATUTE-

(a) Property and records

The contracts, liabilities, records, property, and other assets

and interests of, or made available in connection with, the offices

and functions of the Federal Election Commission which are

transferred by this subchapter are transferred to the Election

Assistance Commission for appropriate allocation.

(b) Personnel

(1) In general

The personnel employed in connection with the offices and

functions of the Federal Election Commission which are

transferred by this subchapter are transferred to the Election

Assistance Commission.

(2) Effect

Any full-time or part-time personnel employed in permanent

positions shall not be separated or reduced in grade or

compensation because of the transfer under this subsection during

the 1-year period beginning on October 29, 2002.

-SOURCE-

(Pub. L. 107-252, title VIII, Sec. 803, Oct. 29, 2002, 116 Stat.

1726.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original "this

subtitle", meaning subtitle A (Secs. 801-804) of title VIII of Pub.

L. 107-252, Oct. 29, 2002, 116 Stat. 1725, which enacted this

subchapter and amended section 1973gg-7 of this title and section

438 of Title 2, The Congress. For complete classification of

subtitle A to the Code, see Tables.

-End-

-CITE-

42 USC Sec. 15534 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER VI - TRANSFER TO COMMISSION OF FUNCTIONS UNDER CERTAIN

LAWS

-HEAD-

Sec. 15534. Effective date; transition

-STATUTE-

(a) Effective date

This subchapter and the amendments made by this subchapter shall

take effect upon the appointment of all members of the Election

Assistance Commission under section 15323 of this title.

(b) Transition

With the consent of the entity involved, the Election Assistance

Commission is authorized to utilize the services of such officers,

employees, and other personnel of the entities from which functions

have been transferred to the Election Assistance Commission under

this subchapter or the amendments made by this subchapter for such

period of time as may reasonably be needed to facilitate the

orderly transfer of such functions.

(c) No effect on authorities of Office of Election Administration

prior to appointment of members of Commission

During the period which begins on October 29, 2002, and ends on

the effective date described in subsection (a) of this section, the

Office of Election Administration of the Federal Election

Commission shall continue to have the authority to carry out any of

the functions (including the development of voluntary standards for

voting systems and procedures for the certification of voting

systems) which it has the authority to carry out as of October 29,

2002.

-SOURCE-

(Pub. L. 107-252, title VIII, Sec. 804, Oct. 29, 2002, 116 Stat.

1726.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in subsecs. (a) and (b), was in the

original "this title", meaning title VIII of Pub. L. 107-252, Oct.

29, 2002, 116 Stat. 1725, which enacted this subchapter, amended

section 1973gg-7 of this title, section 438 of Title 2, The

Congress, sections 3132 and 7323 of Title 5, Government

Organization and Employees, and section 8G of the Inspector General

Act of 1978, Pub. L. 95-452, set out in the Appendix to Title 5,

and enacted provisions set out as a note under section 8G of the

Inspector General Act of 1978, Pub. L. 95-452, set out in the the

Appendix to Title 5. For complete classification of title VIII to

the Code, see Tables.

-End-

-CITE-

42 USC SUBCHAPTER VII - MISCELLANEOUS PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-End-

-CITE-

42 USC Sec. 15541 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 15541. State defined

-STATUTE-

In this chapter, the term "State" includes the District of

Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa,

and the United States Virgin Islands.

-SOURCE-

(Pub. L. 107-252, title IX, Sec. 901, Oct. 29, 2002, 116 Stat.

1727.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 107-252, Oct. 29, 2002, 116 Stat. 1666, which

is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 15301 of this title and Tables.

-End-

-CITE-

42 USC Sec. 15542 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 15542. Audits and repayment of funds

-STATUTE-

(a) Recordkeeping requirement

Each recipient of a grant or other payment made under this

chapter shall keep such records with respect to the payment as are

consistent with sound accounting principles, including records

which fully disclose the amount and disposition by such recipient

of funds, the total cost of the project or undertaking for which

such funds are used, and the amount of that portion of the cost of

the project or undertaking supplied by other sources, and such

other records as will facilitate an effective audit.

(b) Audits and examinations

(1) Audits and examinations

Except as provided in paragraph (5), each office making a grant

or other payment under this chapter, or any duly authorized

representative of such office, may audit or examine any recipient

of the grant or payment and shall have access for the purpose of

audit and examination to any books, documents, papers, and

records of the recipient which in the opinion of the entity may

be related or pertinent to the grant or payment.

(2) Recipients of assistance subject to provisions of section

The provisions of this section shall apply to all recipients of

grants or other payments under this chapter, whether by direct

grant, cooperative agreement, or contract under this chapter or

by subgrant or subcontract from primary grantees or contractors

under this chapter.

(3) Mandatory audit

In addition to audits conducted pursuant to paragraph (1), all

funds provided under this chapter shall be subject to mandatory

audit by the Comptroller General at least once during the

lifetime of the program involved. For purposes of an audit under

this paragraph, the Comptroller General shall have access to

books, documents, papers, and records of recipients of funds in

the same manner as the office making the grant or payment

involved has access to such books, documents, papers, and records

under paragraph (1).

(4) Special rule for payments by General Services Administration

With respect to any grant or payment made under this chapter by

the Administrator of General Services, the Election Assistance

Commission shall be deemed to be the office making the grant or

payment for purposes of this section.

(5) Special rule

In the case of grants or payments made under section 15401 of

this title, audits and examinations conducted under paragraph (1)

shall be performed on a regular basis (as determined by the

Commission).

(6) Special rules for audits by the Commission

In addition to the audits described in paragraph (1), the

Election Assistance Commission may conduct a special audit or

special examination of a recipient described in paragraph (1)

upon a vote of the Commission.

(c) Recoupment of funds

If the Comptroller General determines as a result of an audit

conducted under subsection (b) of this section that -

(1) a recipient of funds under this chapter is not in

compliance with each of the requirements of the program under

which the funds are provided; or

(2) an excess payment has been made to the recipient under the

program,

the recipient shall pay to the office which made the grant or

payment involved a portion of the funds provided which reflects the

proportion of the requirements with which the recipient is not in

compliance, or the extent to which the payment is in excess, under

the program involved.

-SOURCE-

(Pub. L. 107-252, title IX, Sec. 902, Oct. 29, 2002, 116 Stat.

1727.)

-End-

-CITE-

42 USC Sec. 15543 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 15543. Review and report on adequacy of existing electoral

fraud statutes and penalties

-STATUTE-

(a) Review

The Attorney General shall conduct a review of existing criminal

statutes concerning election offenses to determine -

(1) whether additional statutory offenses are needed to secure

the use of the Internet for election purposes; and

(2) whether existing penalties provide adequate punishment and

deterrence with respect to such offenses.

(b) Report

The Attorney General shall submit a report to the Committees on

the Judiciary of the Senate and House of Representatives, the

Committee on Rules and Administration of the Senate, and the

Committee on House Administration of the House of Representatives

on the review conducted under subsection (a) of this section

together with such recommendations for legislative and

administrative action as the Attorney General determines

appropriate.

-SOURCE-

(Pub. L. 107-252, title IX, Sec. 904, Oct. 29, 2002, 116 Stat.

1729.)

-End-

-CITE-

42 USC Sec. 15544 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 15544. Other criminal penalties

-STATUTE-

(a) Conspiracy to deprive voters of a fair election

Any individual who knowingly and willfully gives false

information in registering or voting in violation of section

1973i(c) of this title, or conspires with another to violate such

section, shall be fined or imprisoned, or both, in accordance with

such section.

(b) False information in registering and voting

Any individual who knowingly commits fraud or knowingly makes a

false statement with respect to the naturalization, citizenry, or

alien registry of such individual in violation of section 1015 of

title 18 shall be fined or imprisoned, or both, in accordance with

such section.

-SOURCE-

(Pub. L. 107-252, title IX, Sec. 905, Oct. 29, 2002, 116 Stat.

1729.)

-End-

-CITE-

42 USC Sec. 15545 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 146 - ELECTION ADMINISTRATION IMPROVEMENT

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 15545. No effect on other laws

-STATUTE-

(a) In general

Except as specifically provided in section 15483(b) of this title

with regard to the National Voter Registration Act of 1993 (42

U.S.C. 1973gg et seq.), nothing in this chapter may be construed to

authorize or require conduct prohibited under any of the following

laws, or to supersede, restrict, or limit the application of such

laws:

(1) The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).

(2) The Voting Accessibility for the Elderly and Handicapped

Act (42 U.S.C. 1973ee et seq.).

(3) The Uniformed and Overseas Citizens Absentee Voting Act (42

U.S.C. 1973ff et seq.).

(4) The National Voter Registration Act of 1993 (42 U.S.C.

1973gg et seq.).

(5) The Americans with Disabilities Act of 1990 (42 U.S.C.

12101 et seq.).

(6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).

(b) No effect on preclearance or other requirements under Voting

Rights Act

The approval by the Administrator or the Commission of a payment

or grant application under subchapter I or subchapter II of this

chapter, or any other action taken by the Commission or a State

under such subchapter, shall not be considered to have any effect

on requirements for preclearance under section 5 of the Voting

Rights Act of 1965 (42 U.S.C. 1973c) or any other requirements of

such Act [42 U.S.C. 1973 et seq.].

-SOURCE-

(Pub. L. 107-252, title IX, Sec. 906, Oct. 29, 2002, 116 Stat.

1729.)

-REFTEXT-

REFERENCES IN TEXT

The National Voter Registration Act of 1993, referred to in

subsec. (a), is Pub. L. 103-31, May 20, 1993, 107 Stat. 77, as

amended, which is classified principally to subchapter I-H (Sec.

1973gg et seq.) of chapter 20 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 1971 of this title and Tables.

The Voting Rights Act of 1965, referred to in subsecs. (a)(1) and

(b), is Pub. L. 89-110, Aug. 6, 1965, 79 Stat. 437, as amended,

which is classified generally to subchapters I-A (Sec. 1973 et

seq.), I-B (Sec. 1973aa et seq.), and I-C (Sec. 1973bb et seq.) of

chapter 20 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 1971 of

this title and Tables.

The Voting Accessibility for the Elderly and Handicapped Act,

referred to in subsec. (a)(2), is Pub. L. 98-435, Sept. 28, 1984,

98 Stat. 1678, as amended, which is classified generally to

subchapter I-F (Sec. 1973ee et seq.) of chapter 20 of this title.

For complete classification of this Act to the Code, see Short

Title note set out under section 1971 of this title and Tables.

The Uniformed and Overseas Citizens Absentee Voting Act, referred

to in subsec. (a)(3), is Pub. L. 99-410, Aug. 28, 1986, 100 Stat.

924, as amended, which is classified principally to subchapter I-G

(Sec. 1973ff et seq.) of chapter 20 of this title. For complete

classification of this Act to the Code, see Short Title of 1986

Amendment note set out under section 1971 of this title and Tables.

The Americans with Disabilities Act of 1990, referred to in

subsec. (a)(5), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327,

as amended, which is classified principally to chapter 126 (Sec.

12101 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 12101

of this title and Tables.

The Rehabilitation Act of 1973, referred to in subsec. (a)(6), is

Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is

classified generally to chapter 16 (Sec. 701 et seq.) of Title 29,

Labor. For complete classification of this Act to the Code, see

Short Title note set out under section 701 of Title 29 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 15301, 15302, 15403,

15484 of this title.

-End-