Legislación
US (United States) Code. Title 42. Chapter 146: Election administration improvement
-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-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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