52 U.S.C. § 21142 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 209 / Subchapter VII / Section 21142: Audits and repayment of funds
Audits and repayment of funds
Status: in_force

(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 (4), 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) 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.

(4) Special rule

In the case of grants or payments made under section 21001 of this title, audits and examinations conducted under paragraph (1) shall be performed on a regular basis (as determined by the Commission).

(5) 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) prior to November 26, 2014, 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.

(Pub. L. 107–252, title IX, §902, Oct. 29, 2002, 116 Stat. 1727; Pub. L. 113–188, title IX, §901(c), Nov. 26, 2014, 128 Stat. 2020.)

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a), (b)(1) to (3), and (c)(1), was in the original "this Act", meaning Pub. L. 107–252, Oct. 29, 2002, 116 Stat. 1666, known as the Help America Vote Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables.

Codification

Section was formerly classified to section 15542 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2014—Subsec. (b)(1). Pub. L. 113–188, §901(c)(1)(A), substituted "paragraph (4)" for "paragraph (5)".

Subsec. (b)(3) to (6). Pub. L. 113–188, §901(c)(1)(B), (C), redesignated pars. (4) to (6) as (3) to (5), respectively, and struck out former par. (3). Prior to amendment, text of par. (3) read as follows: "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)."

Subsec. (c). Pub. L. 113–188, §901(c)(2), inserted "prior to November 26, 2014," after "subsection (b)" in introductory provisions.
52 U.S.C. § 21002 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 209 / Subchapter II / Section 21002: Allocation of funds
Allocation of funds
Status: in_force

(a) In general

Subject to subsection (c), 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 21007 of this title; and

(2) the State allocation percentage for the State (as determined under subsection (b)).

(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 21007 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 1 shall make such pro rata reductions to the allocations determined under subsection (a) as are necessary to comply with the requirements of subsection (c).

(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.

(Pub. L. 107–252, title II, §252, Oct. 29, 2002, 116 Stat. 1693.)

Editorial Notes

Codification

Section was formerly classified to section 15402 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

1 So in original. Probably should be "Commission".
52 U.S.C. § 20927 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 209 / Subchapter II / Section 20927: Annual report
Annual report
Status: in_force

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.

(4) All votes taken by the Commission.

(5) Such other information and recommendations as the Commission considers appropriate.

(Pub. L. 107–252, title II, §207, Oct. 29, 2002, 116 Stat. 1677.)

Editorial Notes

References in Text

This chapter, referred to in pars. (1) and (2), was in the original "this Act", meaning Pub. L. 107–252, Oct. 29, 2002, 116 Stat. 1666, known as the Help America Vote Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables.

Codification

Section was formerly classified to section 15327 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 30145 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 301 / Subchapter II / Section 30145: Period of limitations
Period of limitations
Status: in_force

(a) No person shall be prosecuted, tried, or punished for any violation of subchapter I of this chapter, unless the indictment is found or the information is instituted within 5 years after the date of the violation.

(b) Notwithstanding any other provision of law—

(1) the period of limitations referred to in subsection (a) shall apply with respect to violations referred to in such subsection committed before, on, or after the effective date of this section; and

(2) no criminal proceeding shall be instituted against any person for any act or omission which was a violation of any provision of subchapter I of this chapter, as in effect on December 31, 1974, if such act or omission does not constitute a violation of any such provision, as amended by the Federal Election Campaign Act Amendments of 1974.

Nothing in this subsection shall affect any proceeding pending in any court of the United States on January 1, 1975.

(Pub. L. 92–225, title IV, §406, as added Pub. L. 93–443, title III, §302, Oct. 15, 1974, 88 Stat. 1289; amended Pub. L. 94–283, title I, §115(f), May 11, 1976, 90 Stat. 496; Pub. L. 107–155, title III, §313(a), Mar. 27, 2002, 116 Stat. 106.)

Editorial Notes

References in Text

The Federal Election Campaign Act Amendments of 1974, referred to in subsec. (b)(2), is Pub. L. 93–433, Oct. 15, 1974, 88 Stat. 1263. For complete classification of this Act to the Code, see Tables.

Codification

Section was formerly classified to section 455 of Title 2, The Congress, prior to editorial reclassification and renumbering as this section.

Amendments

2002—Subsec. (a). Pub. L. 107–155 substituted "5 years" for "3 years".

1976—Subsec. (a). Pub. L. 94–283, §115(f)(1), struck out references to sections 608, 610, 611, 613, 614, 615, 616, and 617 of title 18.

Subsec. (b)(2). Pub. L. 94–283, §115(f)(2), struck out references to sections 608, 610, 611, and 613 of title 18.

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Pub. L. 107–155, title III, §313(b), Mar. 27, 2002, 116 Stat. 106, provided that: "The amendment made by this section [amending this section] shall apply to violations occurring on or after the effective date of this Act [for general effective date of Pub. L. 107–155, see section 402 of Pub. L. 107–155, set out as an Effective Date of 2002 Amendment; Regulations note under section 30101 of this title]."

Effective Date

Section effective Jan. 1, 1975, see section 410(a) of Pub. L. 93–443, set out as an Effective Date of 1974 Amendment note under section 30101 of this title.
52 U.S.C. § 21025 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 209 / Subchapter II / Section 21025: Reports
Reports
Status: in_force

(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 21021(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.

(Pub. L. 107–252, title II, §265, Oct. 29, 2002, 116 Stat. 1699.)

Editorial Notes

Codification

Section was formerly classified to section 15425 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

1 So in original.
52 U.S.C. § 20502 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 205 / Section 20502: Definitions
Definitions
Status: in_force

As used in this chapter—

(1) the term "election" has the meaning stated in section 30101(1) of this title;

(2) the term "Federal office" has the meaning stated in section 30101(3) of this title;

(3) the term "motor vehicle driver's license" includes any personal identification document issued by a State motor vehicle authority;

(4) the term "State" means a State of the United States and the District of Columbia; and

(5) the term "voter registration agency" means an office designated under section 20506(a)(1) of this title to perform voter registration activities.

(Pub. L. 103–31, §3, May 20, 1993, 107 Stat. 77.)

Editorial Notes

Codification

Section was formerly classified to section 1973gg–1 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20983 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 209 / Subchapter II / Section 20983: Report on human factor research
Report on human factor research
Status: in_force

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.

(Pub. L. 107–252, title II, §243, Oct. 29, 2002, 116 Stat. 1688.)

Editorial Notes

Codification

Section was formerly classified to section 15383 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 30143 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 301 / Subchapter II / Section 30143: State laws affected
State laws affected
Status: in_force

(a) In general

Subject to subsection (b), the provisions of this Act, and of rules prescribed under this Act, supersede and preempt any provision of State law with respect to election to Federal office.

(b) State and local committees of political parties

Notwithstanding any other provision of this Act, a State or local committee of a political party may, subject to State law, use exclusively funds that are not subject to the prohibitions, limitations, and reporting requirements of the Act for the purchase or construction of an office building for such State or local committee.

(Pub. L. 92–225, title IV, §403, Feb. 7, 1972, 86 Stat. 20; Pub. L. 93–443, title III, §301, Oct. 15, 1974, 88 Stat. 1289; Pub. L. 107–155, title I, §103(b)(2), Mar. 27, 2002, 116 Stat. 87.)

Editorial Notes

References in Text

This Act, referred to in text, means the Federal Election Campaign Act of 1971, as defined by section 30101 of this title.

Codification

Section was formerly classified to section 453 of Title 2, The Congress, prior to editorial reclassification and renumbering as this section.

Amendments

2002—Pub. L. 107–155 designated existing provisions as subsec. (a), inserted heading, substituted "Subject to subsection (b), the provisions of this Act" for "The provisions of this Act", and added subsec. (b).

1974—Pub. L. 93–443 substituted provision for Pub. L. 92–225 and rules thereunder to supersede and preempt any provision of State law with respect to election to Federal office for prior provisions which in former subsec. (a) stated that nothing in Pub. L. 92–225 shall be deemed to invalidate or make inapplicable any provision of State law, except where compliance with such provision would result in a violation of Pub. L. 92–225 and in former subsec. (b) stated that no provision of State law shall be construed to prohibit any person from taking any action authorized by Pub. L. 92–225 or from making any expenditure which he could lawfully make under Pub. L. 92–225.

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–155 effective Nov. 6, 2002, see section 402 of Pub. L. 107–155, set out as an Effective Date of 2002 Amendment; Regulations note under section 30101 of this title.

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–443 effective Oct. 15, 1974, see section 410(b) of Pub. L. 93–443, set out as a note under section 30101 of this title.
52 U.S.C. § 21022 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 209 / Subchapter II / Section 21022: Amount of payment
Amount of payment
Status: in_force

(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.

(Pub. L. 107–252, title II, §262, Oct. 29, 2002, 116 Stat. 1698.)

Editorial Notes

Codification

Section was formerly classified to section 15422 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 21005 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 209 / Subchapter II / Section 21005: Process for development and filing of plan; publication by Commission
Process for development and filing of plan; publication by Commission
Status: in_force

(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 posted on the Commission's website with a notice published in the Federal Register.

(Pub. L. 107–252, title II, §255, Oct. 29, 2002, 116 Stat. 1697; Pub. L. 112–74, div. C, title VI, §622(1), Dec. 23, 2011, 125 Stat. 926.)

Editorial Notes

Codification

Section was formerly classified to section 15405 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2011—Subsec. (b). Pub. L. 112–74 inserted "posted on the Commission's website with a notice" after "cause to have the plan".
52 U.S.C. § 20704 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 207 / Section 20704: Disclosure of records or papers
Disclosure of records or papers
Status: in_force

Unless otherwise ordered by a court of the United States, neither the Attorney General nor any employee of the Department of Justice, nor any other representative of the Attorney General, shall disclose any record or paper produced pursuant to this chapter, or any reproduction or copy, except to Congress and any committee thereof, governmental agencies, and in the presentation of any case or proceeding before any court or grand jury.

(Pub. L. 86–449, title III, §304, May 6, 1960, 74 Stat. 88.)

Editorial Notes

Codification

Section was formerly classified to section 1974c of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 21111 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 209 / Subchapter IV / Section 21111: Actions by the Attorney General for declaratory and injunctive relief
Actions by the Attorney General for declaratory and injunctive relief
Status: in_force

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 21081, 21082, 21083, and 21083a of this title.

(Pub. L. 107–252, title IV, §401, Oct. 29, 2002, 116 Stat. 1715; Pub. L. 118–106, §2(b), Oct. 4, 2024, 138 Stat. 1593.)

Editorial Notes

Codification

Section was formerly classified to section 15511 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2024—Pub. L. 118–106 substituted "21083, and 21083a" for "and 21083".
52 U.S.C. § 21102 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 209 / Subchapter III / Section 21102: Process for adoption
Process for adoption
Status: in_force

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.

(Pub. L. 107–252, title III, §312, Oct. 29, 2002, 116 Stat. 1715.)

Editorial Notes

Codification

Section was formerly classified to section 15502 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 21122 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 209 / Subchapter V / Section 21122: Activities under Program
Activities under Program
Status: in_force

(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 21121(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.

(Pub. L. 107–252, title V, §502, Oct. 29, 2002, 116 Stat. 1717.)

Editorial Notes

Codification

Section was formerly classified to section 15522 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 21053 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 209 / Subchapter II / Section 21053: Authorization of appropriations
Authorization of appropriations
Status: in_force

(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.

(Pub. L. 107–252, title II, §283, Oct. 29, 2002, 116 Stat. 1702.)

Editorial Notes

Codification

Section was formerly classified to section 15453 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 30144 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 301 / Subchapter II / Section 30144: Partial invalidity
Partial invalidity
Status: in_force

If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the Act and the application of such provision to other persons and circumstances shall not be affected thereby.

(Pub. L. 92–225, title IV, §404, Feb. 7, 1972, 86 Stat. 20.)

Editorial Notes

References in Text

This Act, referred to in text, means the Federal Election Campaign Act of 1971, as defined by section 30101 of this title.

Codification

Section was formerly classified to section 454 of Title 2, The Congress, prior to editorial reclassification and renumbering as this section.

Statutory Notes and Related Subsidiaries

Severability

Pub. L. 107–155, title IV, §401, Mar. 27, 2002, 116 Stat. 112, provided that: "If any provision of this Act [see Tables for classification] or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding."
52 U.S.C. § 20309 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 203 / Section 20309: Effect on certain other laws
Effect on certain other laws
Status: in_force

The exercise of any right under this chapter shall not affect, for purposes of any Federal, State, or local tax, the residence or domicile of a person exercising such right.

(Pub. L. 99–410, title I, §106, Aug. 28, 1986, 100 Stat. 927.)

Editorial Notes

Codification

Section was formerly classified to section 1973ff–5 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20511 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 205 / Section 20511: Criminal penalties
Criminal penalties
Status: in_force

A person, including an election official, who in any election for Federal office—

(1) knowingly and willfully intimidates, threatens, or coerces, or attempts to intimidate, threaten, or coerce, any person for—

(A) registering to vote, or voting, or attempting to register or vote;

(B) urging or aiding any person to register to vote, to vote, or to attempt to register or vote; or

(C) exercising any right under this chapter; or

(2) knowingly and willfully deprives, defrauds, or attempts to deprive or defraud the residents of a State of a fair and impartially conducted election process, by—

(A) the procurement or submission of voter registration applications that are known by the person to be materially false, fictitious, or fraudulent under the laws of the State in which the election is held; or

(B) the procurement, casting, or tabulation of ballots that are known by the person to be materially false, fictitious, or fraudulent under the laws of the State in which the election is held,

shall be fined in accordance with title 18 (which fines shall be paid into the general fund of the Treasury, miscellaneous receipts (pursuant to section 3302 of title 31), notwithstanding any other law), or imprisoned not more than 5 years, or both.

(Pub. L. 103–31, §12, May 20, 1993, 107 Stat. 88.)

Editorial Notes

Codification

Section was formerly classified to section 1973gg–10 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 10501 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 105 / Section 10501: Application of prohibition to other States; "test or device" defined
Application of prohibition to other States; "test or device" defined
Status: in_force

(a) No citizen shall be denied, because of his failure to comply with any test or device, the right to vote in any Federal, State, or local election conducted in any State or political subdivision of a State.

(b) As used in this section, the term "test or device" means any requirement that a person as a prerequisite for voting or registration for voting (1) demonstrate the ability to read, write, understand, or interpret any matter, (2) demonstrate any educational achievement or his knowledge of any particular subject, (3) possess good moral character, or (4) prove his qualifications by the voucher of registered voters or members of any other class.

(Pub. L. 89–110, title II, §201, as added Pub. L. 91–285, §6, June 22, 1970, 84 Stat. 315; amended Pub. L. 94–73, title I, §102, Aug. 6, 1975, 89 Stat. 400.)

Editorial Notes

Codification

Section was formerly classified to section 1973aa of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification to this title.

Amendments

1975—Subsec. (a). Pub. L. 94–73 struck out "Prior to August 6, 1975," and "as to which the provisions of section 1973b(a) of this title are not in effect by reason of determinations made under section 1973b(b) of this title".
52 U.S.C. § 21123 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 209 / Subchapter V / Section 21123: Authorization of appropriations
Authorization of appropriations
Status: in_force

In addition to any funds authorized to be appropriated to the Commission under section 20930 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.

(Pub. L. 107–252, title V, §503, Oct. 29, 2002, 116 Stat. 1717.)

Editorial Notes

Codification

Section was formerly classified to section 15523 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 10314 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 103 / Section 10314: Construction
Construction
Status: in_force

A reference in this chapter to the effective date of the amendments made by, or the date of the enactment of, the Fannie Lou Hamer, Rosa Parks, Coretta Scott King, César E. Chávez, Barbara C. Jordan, William C. Velásquez, and Dr. Hector P. Garcia Voting Rights Act Reauthorization and Amendments Act of 2006 shall be considered to refer to, respectively, the effective date of the amendments made by, or the date of the enactment of, the Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006.

(Pub. L. 89–110, title I, §20, as added Pub. L. 110–258, §3, July 1, 2008, 122 Stat. 2428.)

Editorial Notes

References in Text

The effective date of the amendments made by, or the date of the enactment of, the Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006, referred to in text, is the date of enactment of Pub. L. 109–246, which was approved July 27, 2006.

Codification

Section was formerly classified to section 1973q of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 21141 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 209 / Subchapter VII / Section 21141: "State" defined
"State" defined
Status: in_force

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.

(Pub. L. 107–252, title IX, §901, Oct. 29, 2002, 116 Stat. 1727.)

Editorial Notes

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, known as the Help America Vote Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables.

Codification

Section was formerly classified to section 15541 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20107 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 201 / Section 20107: Definitions
Definitions
Status: in_force

As used in this chapter, the term—

(1) "accessible" means accessible to handicapped and elderly individuals for the purpose of voting or registration, as determined under guidelines established by the chief election officer of the State involved;

(2) "elderly" means 65 years of age or older;

(3) "Federal election" means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress;

(4) "handicapped" means having a temporary or permanent physical disability; and

(5) "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possesssion 1 of the United States.

(Pub. L. 98–435, §8, Sept. 28, 1984, 98 Stat. 1679.)

Editorial Notes

Codification

Section was formerly classified to section 1973ee–6 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable with respect to elections taking place after Dec. 31, 1985, see section 9 of Pub. L. 98–435, set out as a note under section 20101 of this title.

1 So in original. Probably should be "possession".
52 U.S.C. § 21133 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 209 / Subchapter VI / Section 21133: Transfer of property, records, and personnel
Transfer of property, records, and personnel
Status: in_force

(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.

(Pub. L. 107–252, title VIII, §803, Oct. 29, 2002, 116 Stat. 1726.)

Editorial Notes

References in Text

This subchapter, referred to in text, was in the original "this subtitle", meaning subtitle A (§§801–804) of title VIII of Pub. L. 107–252, Oct. 29, 2002, 116 Stat. 1725. For complete classification of subtitle A to the Code, see Tables.

Codification

Section was formerly classified to section 15533 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20921 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 209 / Subchapter II / Section 20921: Establishment
Establishment
Status: in_force

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.

(Pub. L. 107–252, title II, §201, Oct. 29, 2002, 116 Stat. 1673.)

Editorial Notes

Codification

Section was formerly classified to section 15321 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20928 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 209 / Subchapter II / Section 20928: Requiring majority approval for actions
Requiring majority approval for actions
Status: in_force

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.

(Pub. L. 107–252, title II, §208, Oct. 29, 2002, 116 Stat. 1678.)

Editorial Notes

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, known as the Help America Vote Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables.

Codification

Section was formerly classified to section 15328 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20926 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 209 / Subchapter II / Section 20926: Dissemination of information
Dissemination of information
Status: in_force

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.

(Pub. L. 107–252, title II, §206, Oct. 29, 2002, 116 Stat. 1677.)

Editorial Notes

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, known as the Help America Vote Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables.

Codification

Section was formerly classified to section 15326 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 21101 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 209 / Subchapter III / Section 21101: Adoption of voluntary guidance by Commission
Adoption of voluntary guidance by Commission
Status: in_force

(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 21102 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 21081 of this title, January 1, 2004;

(2) in the case of the recommendations with respect to section 21082 of this title, October 1, 2003; and

(3) in the case of the recommendations with respect to section 21083 of this title, October 1, 2003.

(c) Quadrennial update

The Commission shall review and update recommendations adopted with respect to section 21081 of this title no less frequently than once every 4 years.

(Pub. L. 107–252, title III, §311, Oct. 29, 2002, 116 Stat. 1715.)

Editorial Notes

Codification

Section was formerly classified to section 15501 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20705 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 207 / Section 20705: Jurisdiction to compel production of records or papers
Jurisdiction to compel production of records or papers
Status: in_force

The United States district court for the district in which a demand is made pursuant to section 20703 of this title, or in which a record or paper so demanded is located, shall have jurisdiction by appropriate process to compel the production of such record or paper.

(Pub. L. 86–449, title III, §305, May 6, 1960, 74 Stat. 88.)

Editorial Notes

Codification

Section was formerly classified to section 1974d of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 10312 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 103 / Section 10312: Authorization of appropriations
Authorization of appropriations
Status: in_force

There are hereby authorized to be appropriated such sums as are necessary to carry out the provisions of chapters 103 to 107 of this title.

(Pub. L. 89–110, title I, §18, Aug. 6, 1965, 79 Stat. 446; renumbered title I, Pub. L. 91–285, §2, June 22, 1970, 84 Stat. 314.)

Editorial Notes

Codification

Section was formerly classified to section 1973o of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 21062 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 209 / Subchapter II / Section 21062: Authorization of appropriations
Authorization of appropriations
Status: in_force

(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 21061(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.

(Pub. L. 107–252, title II, §292, Oct. 29, 2002, 116 Stat. 1703.)

Editorial Notes

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 (§15041 et seq.) of subchapter I of chapter 144 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 15001 of Title 42 and Tables.

Codification

Section was formerly classified to section 15462 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 10702 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 107 / Section 10702: "State" defined
"State" defined
Status: in_force

As used in this chapter, the term "State" includes the District of Columbia.

(Pub. L. 89–110, title III, §302, as added Pub. L. 91–285, §6, June 22, 1970, 84 Stat. 318; amended Pub. L. 94–73, title IV, §407, Aug. 6, 1975, 89 Stat. 405.)

Editorial Notes

Codification

Section was formerly classified to section 1973bb–1 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

1975—Pub. L. 94–73 substituted definition of State for provisions prohibiting denial of right to vote because of age.
52 U.S.C. § 10508 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 105 / Section 10508: Voting assistance for blind, disabled or illiterate persons
Voting assistance for blind, disabled or illiterate persons
Status: in_force

Any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter's choice, other than the voter's employer or agent of that employer or officer or agent of the voter's union.

(Pub. L. 89–110, title II, §208, as added Pub. L. 97–205, §5, June 29, 1982, 96 Stat. 135.)

Editorial Notes

Codification

Section was formerly classified to section 1973aa–6 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 97–205, §5, June 29, 1982, 96 Stat. 134, provided that this section is effective Jan. 1, 1984.
52 U.S.C. § 21132 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 209 / Subchapter VI / Section 21132: Transfer of functions
Transfer of functions
Status: in_force

There are transferred to the Election Assistance Commission established under section 20921 of this title all functions which the Federal Election Commission exercised under section 20508(a) of this title before October 29, 2002.

(Pub. L. 107–252, title VIII, §802(a), Oct. 29, 2002, 116 Stat. 1726.)

Editorial Notes

Codification

Section was formerly classified to section 15532 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20942 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 209 / Subchapter II / Section 20942: Duties
Duties
Status: in_force

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, and the best practices recommendations contained in the report submitted under section 20982(b) of this title.

(Pub. L. 107–252, title II, §212, Oct. 29, 2002, 116 Stat. 1678.)

Editorial Notes

References in Text

Subchapter III, referred to in text, was in the original "title III", meaning title III of Pub. L. 107–252, Oct. 29, 2002, 116 Stat. 1704, which is classified principally to subchapter III (§21081 et seq.) of this chapter. For complete classification of title III to the Code, see Tables.

Codification

Section was formerly classified to section 15342 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 30112 (2024) — Title 52: VOTING AND ELECTIONS / Chapter 301 / Subchapter I / Section 30112: Maintenance of website of election reports
Maintenance of website of election reports
Status: in_force

(a) In general

The Federal Election Commission shall maintain a central site on the Internet to make accessible to the public all publicly available election-related reports and information.

(b) Election-related report

In this section, the term "election-related report" means any report, designation, or statement required to be filed under the Federal Election Campaign Act of 1971.

(c) Coordination with other agencies

Any Federal executive agency receiving election-related information which that agency is required by law to publicly disclose shall cooperate and coordinate with the Federal Election Commission to make such report available through, or for posting on, the site of the Federal Election Commission in a timely manner.

(Pub. L. 107–155, title V, §502, Mar. 27, 2002, 116 Stat. 115.)

Editorial Notes

References in Text

The Federal Election Campaign Act of 1971, referred to in subsec. (b), is Pub. L. 92–225, Feb. 7, 1972, 86 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables.

Codification

Section was formerly classified to section 438a of Title 2, The Congress, prior to editorial reclassification and renumbering as this section.

Section was enacted as part of the Bipartisan Campaign Reform Act of 2002, and not as a part of the Federal Election Campaign Act of 1971 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Nov. 6, 2002, but not applicable with respect to runoff elections, recounts, or election contests resulting from elections held prior to Nov. 6, 2002, see section 402 of Pub. L. 107–155, set out as an Effective Date of 2002 Amendment; Regulations note under section 30101 of this title.