PUBLIC LAW 107–252—OCT. 29, 2002

HELP AMERICA VOTE ACT OF 2002

116 STAT. 1666 PUBLIC LAW 107–252—OCT. 29, 2002

Public Law 107–252

107th Congress

An Act

To establish a program to provide funds to States to replace punch card voting

systems, to establish the Election Assistance Commission to assist in the administration of Federal elections and to otherwise provide assistance with the administration of certain Federal election laws and programs, to establish minimum

election administration standards for States and units of local government with

responsibility for the administration of Federal elections, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Help America

Vote Act of 2002’’.

(b) TABLE OF CONTENTS.—The table of contents of this Act

is as follows:

Sec. 1. Short title; table of contents.

TITLE I—PAYMENTS TO STATES FOR ELECTION ADMINISTRATION IMPROVEMENTS AND REPLACEMENT OF PUNCH CARD AND LEVER VOTING

MACHINES

Sec. 101. Payments to States for activities to improve administration of elections.

Sec. 102. Replacement of punch card or lever voting machines.

Sec. 103. Guaranteed minimum payment amount.

Sec. 104. Authorization of appropriations.

Sec. 105. Administration of programs.

Sec. 106. Effective date.

TITLE II—COMMISSION

Subtitle A—Establishment and General Organization

PART 1—ELECTION ASSISTANCE COMMISSION

Sec. 201. Establishment.

Sec. 202. Duties.

Sec. 203. Membership and appointment.

Sec. 204. Staff.

Sec. 205. Powers.

Sec. 206. Dissemination of information.

Sec. 207. Annual report.

Sec. 208. Requiring majority approval for actions.

Sec. 209. Limitation on rulemaking authority.

Sec. 210. Authorization of appropriations.

PART 2—ELECTION ASSISTANCE COMMISSION STANDARDS BOARD AND BOARD OF

ADVISORS

Sec. 211. Establishment.

Sec. 212. Duties.

Sec. 213. Membership of Standards Board.

Sec. 214. Membership of Board of Advisors.

Sec. 215. Powers of Boards; no compensation for service.

Sec. 216. Status of Boards and members for purposes of claims against Board.

42 USC 15301

note.

Help America

Vote Act of 2002.

Oct. 29, 2002

[H.R. 3295]

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1667

PART 3—TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE

Sec. 221. Technical Guidelines Development Committee.

Sec. 222. Process for adoption.

Subtitle B—Testing, Certification, Decertification, and Recertification of Voting

System Hardware and Software

Sec. 231. Certification and testing of voting systems.

Subtitle C—Studies and Other Activities To Promote Effective Administration of

Federal Elections

Sec. 241. Periodic studies of election administration issues.

Sec. 242. Study, report, and recommendations on best practices for facilitating military and overseas voting.

Sec. 243. Report on human factor research.

Sec. 244. Study and report on voters who register by mail and use of social security

information.

Sec. 245. Study and report on electronic voting and the electoral process.

Sec. 246. Study and report on free absentee ballot postage.

Sec. 247. Consultation with Standards Board and Board of Advisors.

Subtitle D—Election Assistance

PART 1—REQUIREMENTS PAYMENTS

Sec. 251. Requirements payments.

Sec. 252. Allocation of funds.

Sec. 253. Condition for receipt of funds.

Sec. 254. State plan.

Sec. 255. Process for development and filing of plan; publication by Commission.

Sec. 256. Requirement for public notice and comment.

Sec. 257. Authorization of appropriations.

Sec. 258. Reports.

PART 2—PAYMENTS TO STATES AND UNITS OF LOCAL GOVERNMENT TO ASSURE

ACCESS FOR INDIVIDUALS WITH DISABILITIES

Sec. 261. Payments to States and units of local government to assure access for individuals with disabilities.

Sec. 262. Amount of payment.

Sec. 263. Requirements for eligibility.

Sec. 264. Authorization of appropriations.

Sec. 265. Reports.

PART 3—GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS

Sec. 271. Grants for research on voting technology improvements.

Sec. 272. Report.

Sec. 273. Authorization of appropriations.

PART 4—PILOT PROGRAM FOR TESTING OF EQUIPMENT AND TECHNOLOGY

Sec. 281. Pilot program.

Sec. 282. Report.

Sec. 283. Authorization of appropriations.

PART 5—PROTECTION AND ADVOCACY SYSTEMS

Sec. 291. Payments for protection and advocacy systems.

Sec. 292. Authorization of appropriations.

PART 6—NATIONAL STUDENT AND PARENT MOCK ELECTION

Sec. 295. National Student and Parent Mock Election.

Sec. 296. Authorization of appropriations.

TITLE III—UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY

AND ADMINISTRATION REQUIREMENTS

Subtitle A—Requirements

Sec. 301. Voting systems standards.

Sec. 302. Provisional voting and voting information requirements.

Sec. 303. Computerized statewide voter registration list requirements and requirements for voters who register by mail.

Sec. 304. Minimum requirements.

116 STAT. 1668 PUBLIC LAW 107–252—OCT. 29, 2002

Sec. 305. Methods of implementation left to discretion of State.

Subtitle B—Voluntary Guidance

Sec. 311. Adoption of voluntary guidance by Commission.

Sec. 312. Process for adoption.

TITLE IV—ENFORCEMENT

Sec. 401. Actions by the Attorney General for declaratory and injunctive relief.

Sec. 402. Establishment of State-based administrative complaint procedures to

remedy grievances.

TITLE V—HELP AMERICA VOTE COLLEGE PROGRAM

Sec. 501. Establishment of program.

Sec. 502. Activities under program.

Sec. 503. Authorization of appropriations.

TITLE VI—HELP AMERICA VOTE FOUNDATION

Sec. 601. Help America Vote Foundation.

TITLE VII—VOTING RIGHTS OF MILITARY MEMBERS AND OVERSEAS

CITIZENS

Sec. 701. Voting assistance programs.

Sec. 702. Designation of single State office to provide information on registration

and absentee ballots for all voters in State.

Sec. 703. Report on absentee ballots transmitted and received after general elections.

Sec. 704. Extension of period covered by single absentee ballot application.

Sec. 705. Additional duties of Presidential designee under Uniformed and Overseas

Citizens Absentee Voting Act. Sec. 706. Prohibition of refusal of voter registration and absentee ballot applications on grounds of early submission. Sec. 707. Other requirements to promote participation of overseas and absent uniformed services voters.

TITLE VIII—TRANSITION PROVISIONS

Subtitle A—Transfer to Commission of Functions Under Certain Laws

Sec. 801. Federal Election Campaign Act of 1971.

Sec. 802. National Voter Registration Act of 1993.

Sec. 803. Transfer of property, records, and personnel.

Sec. 804. Effective date; transition.

Subtitle B—Coverage of Commission Under Certain Laws and Programs

Sec. 811. Treatment of Commission personnel under certain civil service laws.

Sec. 812. Coverage under Inspector General Act of 1978.

TITLE IX—MISCELLANEOUS PROVISIONS

Sec. 901. State defined.

Sec. 902. Audits and repayment of funds.

Sec. 903. Clarification of ability of election officials to remove registrants from official list of voters on grounds of change of residence. Sec. 904. Review and report on adequacy of existing electoral fraud statutes and

penalties. Sec. 905. Other criminal penalties.

Sec. 906. No effect on other laws.

TITLE I—PAYMENTS TO STATES FOR

ELECTION ADMINISTRATION IMPROVEMENTS AND REPLACEMENT OF

PUNCH CARD AND LEVER VOTING MACHINES

SEC. 101. PAYMENTS TO STATES FOR ACTIVITIES TO IMPROVE

ADMINISTRATION OF ELECTIONS.

(a) IN GENERAL.—Not later than 45 days after the date of

the enactment of this Act, the Administrator of General Services

Deadlines.

Notification.

42 USC 15301.

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1669

(in this title 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 the date of the enactment of this Act 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 title III.

(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 part 1 of subtitle D of title

II.

(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 906, as such laws relate to the provisions of this

Act; and

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

with the requirements of title III.

(d) AMOUNT OF PAYMENT.—

(1) IN GENERAL.—Subject to section 103(b), the amount

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

minimum payment amount described in paragraph (2) plus

116 STAT. 1670 PUBLIC LAW 107–252—OCT. 29, 2002

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).

SEC. 102. REPLACEMENT OF PUNCH CARD OR LEVER VOTING

MACHINES.

(a) ESTABLISHMENT OF PROGRAM.—

(1) IN GENERAL.—Not later than 45 days after the date

of the enactment of this Act, the Administrator shall establish

a program under which the Administrator shall make a payment to each State eligible under subsection (b) 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 906; and

(C) meets the requirements of section 301.

(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

Deadline.

42 USC 15302.

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1671

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 the date of the enactment of this Act (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);

(B) certifications that the State will continue to comply

with the laws described in section 906;

(C) certifications that the replacement voting systems

will meet the requirements of section 301; 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

103(b), 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 104(a)(2) 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

116 STAT. 1672 PUBLIC LAW 107–252—OCT. 29, 2002

to the State under subsection (a)(3), 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.

SEC. 103. GUARANTEED MINIMUM PAYMENT AMOUNT.

(a) IN GENERAL.—In addition to any other payments made

under this title, the Administrator shall make a payment to each

State to which a payment is made under either section 101 or

102 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 101 and 102 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 101(d)

and 102(c) as are necessary to comply with the requirements of

subsection (a).

SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to be appropriated for

payments under this title $650,000,000, of which—

(1) 50 percent shall be for payments under section 101;

and

(2) 50 percent shall be for payments under section 102.

(b) CONTINUING AVAILABILITY OF FUNDS AFTER APPROPRIA- TION.—Any payment made to a State under this title shall be

available to the State without fiscal year limitation (subject to

subsection (c)(2)(B)).

(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 title II) and used by the Commission to

make requirements payments under part 1 of subtitle D of

title II.

42 USC 15304.

42 USC 15303.

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1673

(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 102(d)(1).

(B) Any amounts appropriated for payments under this

title 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 254(b),

the State shall ensure that any funds provided to the State under

this title are deposited and maintained in such fund.

(e) AUTHORIZATION OF APPROPRIATIONS FOR ADMINISTRATOR.— In addition to the amounts authorized under subsection (a), there

are authorized to be appropriated to the Administrator such sums

as may be necessary to administer the programs under this title.

SEC. 105. ADMINISTRATION OF PROGRAMS.

In administering the programs under this title, the Administrator shall take such actions as the Administrator considers appropriate to expedite the payment of funds to States.

SEC. 106. EFFECTIVE DATE.

The Administrator shall implement the programs established

under this title 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 the date of the

enactment of this Act.

TITLE II—COMMISSION

Subtitle A—Establishment and General

Organization

PART 1—ELECTION ASSISTANCE COMMISSION

SEC. 201. ESTABLISHMENT.

There is hereby established as an independent entity the Election Assistance Commission (hereafter in this title referred to as

the ‘‘Commission’’), consisting of the members appointed under this

part. 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 part 2 (hereafter in this part referred to as the

‘‘Standards Board’’ and the ‘‘Board of Advisors’’, respectively) and

the Technical Guidelines Development Committee under part 3.

SEC. 202. DUTIES.

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 part 3 (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;

42 USC 15322.

42 USC 15321.

Deadline.

42 USC 15306.

42 USC 15305.

116 STAT. 1674 PUBLIC LAW 107–252—OCT. 29, 2002

(2) carrying out the duties described in subtitle B (relating

to the testing, certification, decertification, and recertification

of voting system hardware and software);

(3) carrying out the duties described in subtitle C (relating

to conducting studies and carrying out other activities to promote the effective administration of Federal elections);

(4) carrying out the duties described in subtitle D (relating

to election assistance), and providing information and training

on the management of the payments and grants provided under

such subtitle;

(5) carrying out the duties described in subtitle B of title

III (relating to the adoption of voluntary guidance); and

(6) developing and carrying out the Help America Vote

College Program under title V.

SEC. 203. MEMBERSHIP AND APPOINTMENT.

(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 the date of the enactment of this Act.

(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.

Deadline.

President.

42 USC 15323.

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1675

(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, United States Code.

(2) OTHER ACTIVITIES.—No member appointed to the

Commission under subsection (a) 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.

SEC. 204. STAFF.

(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, United States Code.

(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

42 USC 15324.

116 STAT. 1676 PUBLIC LAW 107–252—OCT. 29, 2002

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, United States Code, 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, United

States Code, 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 Act.

(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 title (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.

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1677

SEC. 205. POWERS.

(a) HEARINGS AND SESSIONS.—The Commission may hold such

hearings for the purpose of carrying out this Act, sit and act

at such times and places, take such testimony, and receive such

evidence as the Commission considers advisable to carry out this

Act. 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 Act. 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 Act.

(e) CONTRACTS.—The Commission may contract with and compensate persons and Federal agencies for supplies and services

without regard to section 3709 of the Revised Statutes of the United

States (41 U.S.C. 5).

SEC. 206. DISSEMINATION OF INFORMATION.

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, United States Code, information on the

activities carried out under this Act.

SEC. 207. ANNUAL REPORT.

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 Act, 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 part 1 of subtitle D,

and each other report submitted to the Commission under

this Act.

(3) Information on the voluntary voting system guidelines

adopted or modified by the Commission under part 3 and

information on the voluntary guidance adopted under subtitle

B of title III.

(4) All votes taken by the Commission.

Deadline.

42 USC 15327.

42 USC 15326.

42 USC 15325.

116 STAT. 1678 PUBLIC LAW 107–252—OCT. 29, 2002

(5) Such other information and recommendations as the

Commission considers appropriate.

SEC. 208. REQUIRING MAJORITY APPROVAL FOR ACTIONS.

Any action which the Commission is authorized to carry out

under this Act may be carried out only with the approval of at

least three of its members.

SEC. 209. LIMITATION ON RULEMAKING AUTHORITY.

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 9(a) of the National

Voter Registration Act of 1993 (42 U.S.C. 1973gg–7(a)).

SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

In addition to the amounts authorized for payments and grants

under this title and the amounts authorized to be appropriated

for the program under section 503, 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 title.

PART 2—ELECTION ASSISTANCE COMMISSION

STANDARDS BOARD AND BOARD OF ADVISORS

SEC. 211. ESTABLISHMENT.

There are hereby established the Election Assistance Commission Standards Board (hereafter in this title referred to as the

‘‘Standards Board’’) and the Election Assistance Commission Board

of Advisors (hereafter in this title referred to as the ‘‘Board of

Advisors’’).

SEC. 212. DUTIES.

The Standards Board and the Board of Advisors shall each,

in accordance with the procedures described in part 3, review the

voluntary voting system guidelines under such part, the voluntary

guidance under title III, and the best practices recommendations

contained in the report submitted under section 242(b).

SEC. 213. MEMBERSHIP OF STANDARDS BOARD.

(a) COMPOSITION.—

(1) IN GENERAL.—Subject to certification by the chair of

the Federal Election Commission under subsection (b), 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,

42 USC 15343.

42 USC 15342.

42 USC 15341.

42 USC 15330.

42 USC 15329.

42 USC 15328.

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1679

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 the date of the enactment of

this Act, 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 title; and

(B) the name of the representative local election official

from the State selected under subsection (a)(2) who agrees

to serve on the Standards Board under this title.

(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 title.

(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).

(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), 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.

Deadline.

Publication.

Deadline.

116 STAT. 1680 PUBLIC LAW 107–252—OCT. 29, 2002

(4) DUTIES.—In addition to any other duties assigned under

this title, the Executive Board of the Standards Board may

carry out such duties of the Standards Board as the Standards

Board may delegate.

SEC. 214. MEMBERSHIP OF BOARD OF ADVISORS.

(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 502

of the Rehabilitation Act of 1973 (29 U.S.C. 792).

(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) 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.

42 USC 15344.

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1681

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.

SEC. 215. POWERS OF BOARDS; NO COMPENSATION FOR SERVICE.

(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 Act,

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 title, 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 222;

(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 title.

(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 Act. 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 title.

(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, United States Code, while away from their homes or

regular places of business in the performance of services for the

Board.

SEC. 216. STATUS OF BOARDS AND MEMBERS FOR PURPOSES OF

CLAIMS AGAINST BOARD.

(a) IN GENERAL.—The provisions of chapters 161 and 171 of

title 28, United States Code, shall apply with respect to the liability

Applicability.

42 USC 15346.

42 USC 15345.

116 STAT. 1682 PUBLIC LAW 107–252—OCT. 29, 2002

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 CON- DUCT.—Subsection (a) 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.

PART 3—TECHNICAL GUIDELINES

DEVELOPMENT COMMITTEE

SEC. 221. TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE.

(a) ESTABLISHMENT.—There is hereby established the Technical

Guidelines Development Committee (hereafter in this part 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 502

of the Rehabilitation Act of 1973 (29 U.S.C. 792).

(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

42 USC 15361.

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1683

under subchapter I of chapter 57 of title 5, United States Code,

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 subtitle.

(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 part, including—

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

computer data storage used in voting systems, including

the computerized list required under section 303(a);

(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 Act.

(f) PUBLICATION OF RECOMMENDATIONS IN FEDERAL REGISTER.—

At the time the Commission adopts any voluntary voting system

guideline pursuant to section 222, 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.

SEC. 222. PROCESS FOR ADOPTION.

(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,

Federal Register,

publication.

42 USC 15362.

116 STAT. 1684 PUBLIC LAW 107–252—OCT. 29, 2002

the Executive Director of the Commission shall take into consideration the recommendations provided by the Technical Guidelines Development Committee under section 221.

(2) BOARD OF ADVISORS.—The Executive Director of the

Commission shall submit the guidelines proposed to be adopted

under this part (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 part (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) (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) (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).

(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)

(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).

(e) SPECIAL RULE FOR INITIAL SET OF GUIDELINES.—Notwithstanding any other provision of this part, the most recent set

of voting system standards adopted by the Federal Election Commission prior to the date of the enactment of this Act shall be deemed

to have been adopted by the Commission as of the date of the

enactment of this Act as the first set of voluntary voting system

guidelines adopted under this part.

Subtitle B—Testing, Certification, Decertification, and Recertification of Voting

System Hardware and Software

SEC. 231. CERTIFICATION AND TESTING OF VOTING SYSTEMS.

(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.

42 USC 15371.

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1685

(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 part 3 of subtitle A, 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 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 the date of

the enactment of this Act shall remain in effect.

Publication.

Deadline.

Records.

116 STAT. 1686 PUBLIC LAW 107–252—OCT. 29, 2002

Subtitle C—Studies and Other Activities

To Promote Effective Administration of

Federal Elections

SEC. 241. PERIODIC STUDIES OF ELECTION ADMINISTRATION ISSUES.

(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), 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), 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

Public

information.

42 USC 15381.

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1687

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, United States Code, 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) together with such recommendations for administrative and

legislative action as the Commission determines is appropriate.

116 STAT. 1688 PUBLIC LAW 107–252—OCT. 29, 2002

SEC. 242. STUDY, REPORT, AND RECOMMENDATIONS ON BEST PRACTICES FOR FACILITATING MILITARY AND OVERSEAS

VOTING.

(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 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act) and overseas voters (as

defined in section 107(5) of such Act).

(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 the date of the enactment of this Act,

the Commission shall submit to the President and Congress a

report on the study conducted under subsection (a)(1) together

with recommendations identifying the best practices used with

respect to the issues considered under subsection (a)(2).

SEC. 243. REPORT ON HUMAN FACTOR RESEARCH.

Not later than 1 year after the date of the enactment of this

Act, the Commission, in consultation with the Director of the

Deadline.

42 USC 15383.

Deadline.

42 USC 15382.

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1689

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.

SEC. 244. STUDY AND REPORT ON VOTERS WHO REGISTER BY MAIL

AND USE OF SOCIAL SECURITY INFORMATION.

(a) REGISTRATION BY MAIL.—

(1) STUDY.—

(A) IN GENERAL.—The Commission shall conduct a

study of the impact of section 303(b) 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 303(b)

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 303(b)(2) 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 303(a)(5) 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.

Deadline.

Deadline.

42 USC 15384.

116 STAT. 1690 PUBLIC LAW 107–252—OCT. 29, 2002

SEC. 245. STUDY AND REPORT ON ELECTRONIC VOTING AND THE

ELECTORAL PROCESS.

(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.—

42 USC 15385.

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1691

(1) SUBMISSION.—Not later than 20 months after the date

of the enactment of this Act, 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), 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, United States Code,

the Election Administration Commission shall post the report

transmitted under paragraph (1) on an Internet website.

SEC. 246. STUDY AND REPORT ON FREE ABSENTEE BALLOT POSTAGE.

(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, United

States Code) 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 the date of the enactment of this Act, the Commission

shall submit to Congress a report on the study conducted under

subsection (a)(1) 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).

(3) IMPLEMENTATION.—The report submitted under paragraph (1) shall contain an analysis of the feasibility of implementing the program described in subsection (a)(1) 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) 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, United States Code.

Deadline.

42 USC 15386.

Deadline.

116 STAT. 1692 PUBLIC LAW 107–252—OCT. 29, 2002

SEC. 247. CONSULTATION WITH STANDARDS BOARD AND BOARD OF

ADVISORS.

The Commission shall carry out its duties under this subtitle

in consultation with the Standards Board and the Board of Advisors.

Subtitle D—Election Assistance

PART 1—REQUIREMENTS PAYMENTS

SEC. 251. REQUIREMENTS PAYMENTS.

(a) IN GENERAL.—The Commission shall make a requirements

payment each year in an amount determined under section 252

to each State which meets the conditions described in section 253

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 title III.

(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

title III; 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

252(c).

(c) RETROACTIVE PAYMENTS.—

(1) IN GENERAL.—Notwithstanding any other provision of

this subtitle, including the maintenance of effort requirements

of section 254(a)(7), a State may use a requirements payment

as a reimbursement for costs incurred in obtaining voting equipment which meets the requirements of section 301 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 301 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 254(a)(7) 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 part 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 part.

42 USC 15401.

42 USC 15387.

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1693

(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 part; or

(2) for the payment of any judgment.

SEC. 252. ALLOCATION OF FUNDS.

(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

257; 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

257; or

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

American Samoa, or the United States Virgin Islands, onetenth 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) 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 part

shall be available to the State without fiscal year limitation.

SEC. 253. CONDITION FOR RECEIPT OF FUNDS.

(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). A State may meet the requirement of the

previous sentence by filing with the Commission a statement which

reads as follows: ‘‘llllll 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—

42 USC 15403.

42 USC 15402.

116 STAT. 1694 PUBLIC LAW 107–252—OCT. 29, 2002

(A) contains each of the elements described in section

254 with respect to the fiscal year;

(B) is developed in accordance with section 255; and

(C) meets the public notice and comment requirements

of section 256.

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

the implementation of the uniform, nondiscriminatory administrative complaint procedures required under section 402 (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 255(b)

and 256 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 906, as such laws apply with respect to

this Act.

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

payment is used for activities other than meeting the requirements of title III—

(A) the State’s proposed uses of the requirements payment are not inconsistent with the requirements of title

III; and

(B) the use of the funds under this paragraph is consistent with the requirements of section 251(b).

(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 251(c)(2), 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) 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 subtitle, the 30-day period) which

begins on the date the State plan under this subtitle is published

in the Federal Register pursuant to section 255(b).

(e) CHIEF STATE ELECTION OFFICIAL DEFINED.—In this subtitle,

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.

SEC. 254. STATE PLAN.

(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 title III, and, if applicable under

section 251(a)(2), to carry out other activities to improve the

administration of elections.

42 USC 15404.

Applicability.

Applicability.

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1695

(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 title III.

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

processes which are consistent with the requirements of section

301.

(5) How the State will establish a fund described in subsection (b) for purposes of administering the State’s activities

under this part, including information on fund management.

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

part, 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 title III;

(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 Statebased administrative complaint procedures in effect under section 402.

(10) If the State received any payment under title I, 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—

116 STAT. 1696 PUBLIC LAW 107–252—OCT. 29, 2002

(A) is developed and published in the Federal Register

in accordance with section 255 in the same manner as

the State plan;

(B) is subject to public notice and comment in accordance with section 256 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 subtitle 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

255 and the procedures followed by the committee under such

section and section 256.

(b) REQUIREMENTS FOR ELECTION FUND.—

(1) ELECTION FUND DESCRIBED.—For purposes of subsection

(a)(5), 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

part.

(B) The requirements payment made to the State under

this part.

(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

part.

(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

Act against a State or other jurisdiction on the basis of any

information contained in the State plan filed under this part.

(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.

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1697

SEC. 255. PROCESS FOR DEVELOPMENT AND FILING OF PLAN;

PUBLICATION BY COMMISSION.

(a) IN GENERAL.—The chief State election official shall develop

the State plan under this subtitle 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 subtitle, the Commission shall

cause to have the plan published in the Federal Register.

SEC. 256. REQUIREMENT FOR PUBLIC NOTICE AND COMMENT.

For purposes of section 251(a)(1)(C), 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.

SEC. 257. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—In addition to amounts transferred under

section 104(c), there are authorized to be appropriated for requirements payments under this part 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) shall remain available without fiscal

year limitation until expended.

SEC. 258. REPORTS.

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

for which a State received a requirements payment under this

part, 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 251(b);

(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 part to meet the requirements of this Act and

an analysis and description of how such activities conform

to the State plan under section 254.

Deadline.

42 USC 15408.

42 USC 15407.

42 USC 15406.

Federal Register,

publication.

42 USC 15405.

116 STAT. 1698 PUBLIC LAW 107–252—OCT. 29, 2002

PART 2—PAYMENTS TO STATES AND UNITS OF

LOCAL GOVERNMENT TO ASSURE ACCESS

FOR INDIVIDUALS WITH DISABILITIES

SEC. 261. PAYMENTS TO STATES AND UNITS OF LOCAL GOVERNMENT

TO ASSURE ACCESS FOR INDIVIDUALS WITH DISABILITIES.

(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 263).

(b) USE OF FUNDS.—An eligible State and eligible unit of local

government shall use the payment received under this part 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 the

date of the enactment of this Act (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 part.

SEC. 262. AMOUNT OF PAYMENT.

(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 part shall be determined by the Secretary.

(b) CONTINUING AVAILABILITY OF FUNDS AFTER APPROPRIA- TION.—A payment made to an eligible State or eligible unit of

local government under this part shall be available without fiscal

year limitation.

SEC. 263. REQUIREMENTS FOR ELIGIBILITY.

(a) APPLICATION.—Each State or unit of local government that

desires to receive a payment under this part 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) 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 part.

(c) PROTECTION AGAINST ACTIONS BASED ON INFORMATION IN

APPLICATION.—

42 USC 15423.

42 USC 15422.

42 USC 15421.

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1699

(1) IN GENERAL.—No action may be brought under this

Act against a State or unit of local government on the basis

of any information contained in the application submitted under

subsection (a).

(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.

SEC. 264. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to be appropriated to

carry out the provisions of this part 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) shall remain available without fiscal

year limitation until expended.

SEC. 265. REPORTS.

(a) REPORTS BY RECIPIENTS.—Not later than the 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

part, 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

261(b).

(b) REPORT BY SECRETARY TO COMMITTEES.—With respect to

each fiscal year for which the Secretary makes payments under

this part, the Secretary shall submit a report on the activities

carried out under this part to the Committee on House Administration of the House of Representatives and the Committee on Rules

and Administration of the Senate.

PART 3—GRANTS FOR RESEARCH ON VOTING

TECHNOLOGY IMPROVEMENTS

SEC. 271. GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS.

(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 part 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); and

42 USC 15441.

Deadline.

42 USC 15425.

42 USC 15424.

116 STAT. 1700 PUBLIC LAW 107–252—OCT. 29, 2002

(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 part using funds

provided under this part shall be subject to chapter 18 of title

35, United States Code (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

part during the year.

(2) REVIEW OF GRANT APPLICATIONS RECEIVED BY COMMISSION.—The Commission shall submit each application it

receives for a grant under this part 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 part, 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 207.

(e) PROVISION OF INFORMATION ON PROJECTS.—The Commission

may provide to the Technical Guidelines Development Committee

under part 3 of subtitle A such information regarding the activities

funded under this part as the Commission deems necessary to

assist the Committee in carrying out its duties.

SEC. 272. REPORT.

(a) IN GENERAL.—Each entity which receives a grant under

this part 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) 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.

SEC. 273. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to be appropriated for

grants under this part $20,000,000 for fiscal year 2003.

42 USC 15443.

42 USC 15442.

Records.

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1701

(b) AVAILABILITY OF FUNDS.—Amounts appropriated pursuant

to the authorization under this section shall remain available, without fiscal year limitation, until expended.

PART 4—PILOT PROGRAM FOR TESTING OF

EQUIPMENT AND TECHNOLOGY

SEC. 281. PILOT PROGRAM.

(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 part 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 and

the requirements of this Act); 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 part during the year.

(2) REVIEW OF GRANT APPLICATIONS RECEIVED BY COMMIS- SION.—The Commission shall submit each application it

receives for a grant under this part 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 part, 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 207.

42 USC 15451.

Grants.

116 STAT. 1702 PUBLIC LAW 107–252—OCT. 29, 2002

(d) PROVISION OF INFORMATION ON PROJECTS.—The Commission

may provide to the Technical Guidelines Development Committee

under part 3 of subtitle A such information regarding the activities

funded under this part as the Commission deems necessary to

assist the Committee in carrying out its duties.

SEC. 282. REPORT.

(a) IN GENERAL.—Each entity which receives a grant under

this part 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) 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.

SEC. 283. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to be appropriated for grants under this part $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.

PART 5—PROTECTION AND ADVOCACY

SYSTEMS

SEC. 291. PAYMENTS FOR PROTECTION AND ADVOCACY SYSTEMS.

(a) IN GENERAL.—In addition to any other payments made

under this subtitle, 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 509 of the Rehabilitation Act of 1973 (29 U.S.C.

794e), 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 292, 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

Deadline.

42 USC 15461.

42 USC 15453.

42 USC 15452.

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1703

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.

SEC. 292. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—In addition to any other amounts authorized

to be appropriated under this subtitle, 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 291(a); 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.

PART 6—NATIONAL STUDENT AND PARENT

MOCK ELECTION

SEC. 295. NATIONAL STUDENT AND PARENT MOCK ELECTION.

(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

Grants.

42 USC 15471.

42 USC 15462.

116 STAT. 1704 PUBLIC LAW 107–252—OCT. 29, 2002

(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.

SEC. 296. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out the provisions of this subtitle $200,000 for fiscal year 2003 and such sums

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

TITLE III—UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY

AND ADMINISTRATION REQUIREMENTS

Subtitle A—Requirements

SEC. 301. VOTING SYSTEMS STANDARDS.

(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—

42 USC 15481.

42 USC 15472.

Awards.

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1705

(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 title

II 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 203 of the Voting Rights Act

of 1965 (42 U.S.C. 1973aa–1a).

(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 the date of the enactment

of this Act.

(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

116 STAT. 1706 PUBLIC LAW 107–252—OCT. 29, 2002

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), 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.

SEC. 302. PROVISIONAL VOTING AND VOTING INFORMATION REQUIREMENTS.

(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—

Notification.

42 USC 15482.

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1707

(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 4(b) of the National Voter Registration

Act of 1993 (42 U.S.C. 1973gg–2(b)) 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 303(b);

(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

116 STAT. 1708 PUBLIC LAW 107–252—OCT. 29, 2002

(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). 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.

SEC. 303. COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST

REQUIREMENTS AND REQUIREMENTS FOR VOTERS WHO

REGISTER BY MAIL.

(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

42 USC 15483.

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1709

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 the date of the

enactment of this Act, 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:

116 STAT. 1710 PUBLIC LAW 107–252—OCT. 29, 2002

(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

Contracts.

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1711

the Commissioner of Social Security under section

205(r)(8) of the Social Security Act (as added by

subparagraph (C)).

(C) ACCESS TO FEDERAL INFORMATION.—Section 205(r)

of the Social Security Act (42 U.S.C. 405(r)) is amended

by adding at the end the following new paragraph:

‘‘(8)(A) The Commissioner of Social Security shall, upon the

request of the official responsible for a State driver’s license agency

pursuant to the Help America Vote Act of 2002—

‘‘(i) enter into an agreement with such official for the purpose of verifying applicable information, so long as the requirements of subparagraphs (A) and (B) of paragraph (3) are met;

and

‘‘(ii) include in such agreement safeguards to assure the

maintenance of the confidentiality of any applicable information

disclosed and procedures to permit such agency to use the

applicable information for the purpose of maintaining its

records.

‘‘(B) Information provided pursuant to an agreement under

this paragraph shall be provided at such time, in such place, and

in such manner as the Commissioner determines appropriate.

‘‘(C) The Commissioner shall develop methods to verify the

accuracy of information provided by the agency with respect to

applications for voter registration, for whom the last 4 digits of

a social security number are provided instead of a driver’s license

number.

‘‘(D) For purposes of this paragraph—

‘‘(i) the term ‘applicable information’ means information

regarding whether—

‘‘(I) the name (including the first name and any family

forename or surname), the date of birth (including the

month, day, and year), and social security number of an

individual provided to the Commissioner match the

information contained in the Commissioner’s records, and

‘‘(II) such individual is shown on the records of the

Commissioner as being deceased; and

‘‘(ii) the term ‘State driver’s license agency’ means the

State agency which issues driver’s licenses to individuals within

the State and maintains records relating to such licensure.

‘‘(E) Nothing in this paragraph may be construed to require

the provision of applicable information with regard to a request

for a record of an individual if the Commissioner determines there

are exceptional circumstances warranting an exception (such as

safety of the individual or interference with an investigation).

‘‘(F) Applicable information provided by the Commission pursuant to an agreement under this paragraph or by an individual

to any agency that has entered into an agreement under this

paragraph shall be considered as strictly confidential and shall

be used only for the purposes described in this paragraph and

for carrying out an agreement under this paragraph. Any officer

or employee or former officer or employee of a State, or any officer

or employee or former officer or employee of a contractor of a

State who, without the written authority of the Commissioner,

publishes or communicates any applicable information in such

individual’s possession by reason of such employment or position

as such an officer, shall be guilty of a felony and upon conviction

Penalties.

Procedures.

Confidentiality.

Contracts.

116 STAT. 1712 PUBLIC LAW 107–252—OCT. 29, 2002

thereof shall be fined or imprisoned, or both, as described in section

208.’’.

(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).

(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 302(a).

(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 302(a).

(3) INAPPLICABILITY.—Paragraph (1) shall not apply in the

case of a person—

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1713

(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–1 et seq.);

(ii) provided the right to vote otherwise than in

person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C.

1973ee–1(b)(2)(B)(ii)); 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

Notification.

116 STAT. 1714 PUBLIC LAW 107–252—OCT. 29, 2002

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 the date of the enactment

of this Act to comply with such a provision after such date.

(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) 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) 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) 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) shall apply to any individual

who registers to vote on or after January 1, 2003.

SEC. 304. MINIMUM REQUIREMENTS.

The requirements established by this title are minimum

requirements and nothing in this title shall be construed to prevent

a State from establishing election technology and administration

requirements that are more strict than the requirements established

under this title so long as such State requirements are not inconsistent with the Federal requirements under this title or any law

described in section 906.

SEC. 305. METHODS OF IMPLEMENTATION LEFT TO DISCRETION OF

STATE.

The specific choices on the methods of complying with the

requirements of this title shall be left to the discretion of the

State.

42 USC 15485.

42 USC 15484.

Applicability.

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1715

Subtitle B—Voluntary Guidance

SEC. 311. ADOPTION OF VOLUNTARY GUIDANCE BY COMMISSION.

(a) IN GENERAL.—To assist States in meeting the requirements

of subtitle A, the Commission shall adopt voluntary guidance consistent with such requirements in accordance with the procedures

described in section 312.

(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 301, January 1, 2004;

(2) in the case of the recommendations with respect to

section 302, October 1, 2003; and

(3) in the case of the recommendations with respect to

section 303, October 1, 2003.

(c) QUADRENNIAL UPDATE.—The Commission shall review and

update recommendations adopted with respect to section 301 no

less frequently than once every 4 years.

SEC. 312. PROCESS FOR ADOPTION.

The adoption of the voluntary guidance under this subtitle

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.

TITLE IV—ENFORCEMENT

SEC. 401. ACTIONS BY THE ATTORNEY GENERAL FOR DECLARATORY

AND INJUNCTIVE RELIEF.

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 301, 302, and 303.

SEC. 402. ESTABLISHMENT OF STATE-BASED ADMINISTRATIVE COMPLAINT PROCEDURES TO REMEDY GRIEVANCES.

(a) ESTABLISHMENT OF STATE-BASED ADMINISTRATIVE COM- PLAINT PROCEDURES TO REMEDY GRIEVANCES.—

(1) ESTABLISHMENT OF PROCEDURES AS CONDITION OF

RECEIVING FUNDS.—If a State receives any payment under a

program under this Act, 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.

42 USC 15512.

42 USC 15511.

Federal Register,

publication.

Public

information.

42 USC 15502.

42 USC 15501.

116 STAT. 1716 PUBLIC LAW 107–252—OCT. 29, 2002

(B) Under the procedures, any person who believes

that there is a violation of any provision of title III

(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 title III, 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) in the same manner

as a State receiving a payment under this Act; 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 title III.

(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 title III 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 Act of its intent to

participate in, and receive funds under, the program.

Deadline.

Records.

Deadline.

Deadline.

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1717

TITLE V—HELP AMERICA VOTE

COLLEGE PROGRAM

SEC. 501. ESTABLISHMENT OF PROGRAM.

(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 title 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.

SEC. 502. ACTIVITIES UNDER PROGRAM.

(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 501(b).

(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.

SEC. 503. AUTHORIZATION OF APPROPRIATIONS.

In addition to any funds authorized to be appropriated to the

Commission under section 210, there are authorized to be appropriated to carry out this title—

(1) $5,000,000 for fiscal year 2003; and

(2) such sums as may be necessary for each succeeding

fiscal year.

TITLE VI—HELP AMERICA VOTE

FOUNDATION

SEC. 601. HELP AMERICA VOTE FOUNDATION.

(a) IN GENERAL.—Part B of subtitle II of title 36, United States

Code, is amended by inserting after chapter 1525 the following:

42 USC 15523.

42 USC 15522.

Deadline.

42 USC 15521.

116 STAT. 1718 PUBLIC LAW 107–252—OCT. 29, 2002

‘‘CHAPTER 1526—HELP AMERICA VOTE FOUNDATION

‘‘Sec.

‘‘152601. Organization.

‘‘152602. Purposes.

‘‘152603. Board of directors.

‘‘152604. Officers and employees.

‘‘152605. Powers.

‘‘152606. Principal office.

‘‘152607. Service of process.

‘‘152608. Annual audit.

‘‘152609. Civil action by Attorney General for equitable relief.

‘‘152610. Immunity of United States Government.

‘‘152611. Authorization of appropriations.

‘‘152612. Annual report.

‘‘§ 152601. Organization

‘‘(a) FEDERAL CHARTER.—The Help America Vote Foundation

(in this chapter, the ‘foundation’) is a federally chartered corporation.

‘‘(b) NATURE OF FOUNDATION.—The foundation is a charitable

and nonprofit corporation and is not an agency or establishment

of the United States Government. ‘‘(c) PERPETUAL EXISTENCE.—Except as otherwise provided, the

foundation has perpetual existence.

‘‘§ 152602. Purposes

‘‘(a) IN GENERAL.—The purposes of the foundation are to—

‘‘(1) mobilize secondary school students (including students

educated in the home) in the United States to participate

in the election process in a nonpartisan manner as poll workers

or assistants (to the extent permitted under applicable State

law);

‘‘(2) place secondary school students (including students

educated in the home) as nonpartisan poll workers or assistants

to local election officials in precinct polling places across the

United States (to the extent permitted under applicable State

law); and ‘‘(3) establish cooperative efforts with State and local election officials, local educational agencies, superintendents and

principals of public and private secondary schools, and other

appropriate nonprofit charitable and educational organizations

exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 as an organization described in section

501(c)(3) of such Code to further the purposes of the foundation.

‘‘(b) REQUIRING ACTIVITIES TO BE CARRIED OUT ON NON- PARTISAN BASIS.—The foundation shall carry out its purposes without partisan bias or without promoting any particular point of

view regarding any issue, and shall ensure that each participant

in its activities is governed in a balanced manner which does

not reflect any partisan bias. ‘‘(c) CONSULTATION WITH STATE ELECTION OFFICIALS.—The

foundation shall carry out its purposes under this section in consultation with the chief election officials of the States, the District

of Columbia, the Commonwealth of Puerto Rico, Guam, American

Samoa, and the United States Virgin Islands.

‘‘§ 152603. Board of directors

‘‘(a) GENERAL.—The board of directors is the governing body

of the foundation.

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1719

‘‘(b) MEMBERS AND APPOINTMENT.—(1) The board consists of

12 directors, who shall be appointed not later than 60 days after

the date of the enactment of this chapter as follows:

‘‘(A) Four directors (of whom not more than two may be

members of the same political party) shall be appointed by

the President.

‘‘(B) Two directors shall be appointed by the Speaker of

the House of Representatives.

‘‘(C) Two directors shall be appointed by the Minority

Leader of the House of Representatives.

‘‘(D) Two directors shall be appointed by the Majority

Leader of the Senate.

‘‘(E) Two directors shall be appointed by the Minority

Leader of the Senate.

‘‘(2) In addition to the directors described in paragraph (1),

the chair and ranking minority member of the Committee on House

Administration of the House of Representatives (or their designees)

and the chair and ranking minority member of the Committee

on Rules and Administration of the Senate (or their designees)

shall each serve as an ex officio nonvoting member of the board.

‘‘(3) A director is not an employee of the Federal Government

and appointment to the board does not constitute appointment

as an officer or employee of the United States Government for

the purpose of any law of the United States (except as may otherwise be provided in this chapter).

‘‘(4) The terms of office of the directors are 4 years.

‘‘(5) A vacancy on the board shall be filled in the manner

in which the original appointment was made.

‘‘(c) CHAIR.—The directors shall select one of the directors as

the chair of the board. The individual selected may not be a current

or former holder of any partisan elected office or a current or

former officer of any national committee of a political party.

‘‘(d) QUORUM.—The number of directors constituting a quorum

of the board shall be established under the bylaws of the foundation.

‘‘(e) MEETINGS.—The board shall meet at the call of the chair

of the board for regularly scheduled meetings, except that the

board shall meet not less often than annually.

‘‘(f) REIMBURSEMENT OF EXPENSES.—Directors shall serve without compensation but may receive travel expenses, including per

diem in lieu of subsistence, in accordance with sections 5702 and

5703 of title 5.

‘‘(g) LIABILITY OF DIRECTORS.—Directors are not personally

liable, except for gross negligence.

‘‘§ 152604. Officers and employees

‘‘(a) APPOINTMENT OF OFFICERS AND EMPLOYEES.—The board

of directors appoints, removes, and replaces officers and employees

of the foundation.

‘‘(b) STATUS AND COMPENSATION OF EMPLOYEES.—

‘‘(1) IN GENERAL.—Officers and employees of the

foundation—

‘‘(A) are not employees of the Federal Government

(except as may otherwise be provided in this chapter);

‘‘(B) shall be appointed and removed without regard

to the provisions of title 5 governing appointments in the

competitive service; and

Deadline.

116 STAT. 1720 PUBLIC LAW 107–252—OCT. 29, 2002

‘‘(C) may be paid without regard to chapter 51 and

subchapter III of chapter 53 of title 5.

‘‘(2) AVAILABILITY OF FEDERAL EMPLOYEE RATES FOR

TRAVEL.—For purposes of any schedules of rates negotiated

by the Administrator of General Services for the use of

employees of the Federal Government who travel on official

business, officers and employees of the foundation who travel

while engaged in the performance of their duties under this

chapter shall be deemed to be employees of the Federal Government.

‘‘§ 152605. Powers

‘‘(a) IN GENERAL.—The foundation may—

‘‘(1) adopt a constitution and bylaws;

‘‘(2) adopt a seal which shall be judicially noticed; and

‘‘(3) do any other act necessary to carry out this chapter.

‘‘(b) POWERS AS TRUSTEE.—To carry out its purposes, the

foundation has the usual powers of a corporation acting as a trustee

in the District of Columbia, including the power—

‘‘(1) to accept, receive, solicit, hold, administer, and use

any gift, devise, or bequest, either absolutely or in trust, of

property or any income from or other interest in property;

‘‘(2) to acquire property or an interest in property by purchase or exchange;

‘‘(3) unless otherwise required by an instrument of transfer,

to sell, donate, lease, invest, or otherwise dispose of any property or income from property;

‘‘(4) to borrow money and issue instruments of indebtedness;

‘‘(5) to make contracts and other arrangements with public

agencies and private organizations and persons and to make

payments necessary to carry out its functions;

‘‘(6) to sue and be sued; and

‘‘(7) to do any other act necessary and proper to carry

out the purposes of the foundation.

‘‘(c) ENCUMBERED OR RESTRICTED GIFTS.—A gift, devise, or

bequest may be accepted by the foundation even though it is encumbered, restricted, or subject to beneficial interests of private persons,

if any current or future interest is for the benefit of the foundation.

‘‘(d) CONTRACTS.—The foundation may enter into such contracts

with public and private entities as it considers appropriate to carry

out its purposes.

‘‘(e) ANNUAL CONFERENCE IN WASHINGTON METROPOLITAN

AREA.—During each year (beginning with 2003), the foundation

may sponsor a conference in the Washington, D.C. metropolitan

area to honor secondary school students and other individuals who

have served (or plan to serve) as poll workers and assistants and

who have otherwise participated in the programs and activities

of the foundation.

‘‘§ 152606. Principal office

‘‘The principal office of the foundation shall be in the District

of Columbia unless the board of directors determines otherwise.

However, the foundation may conduct business throughout the

States, territories, and possessions of the United States.

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1721

‘‘§ 152607. Service of process

‘‘The foundation shall have a designated agent to receive service

of process for the foundation. Notice to or service on the agent,

or mailed to the business address of the agent, is notice to or

service on the foundation.

‘‘§ 152608. Annual audit

‘‘The foundation shall enter into a contract with an independent

auditor to conduct an annual audit of the foundation.

‘‘§ 152609. Civil action by Attorney General for equitable

relief

‘‘The Attorney General may bring a civil action in the United

States District Court for the District of Columbia for appropriate

equitable relief if the foundation—

‘‘(1) engages or threatens to engage in any act, practice,

or policy that is inconsistent with the purposes in section

152602 of this title; or

‘‘(2) refuses, fails, or neglects to carry out its obligations

under this chapter or threatens to do so.

‘‘§ 152610. Immunity of United States Government

‘‘The United States Government is not liable for any debts,

defaults, acts, or omissions of the foundation. The full faith and

credit of the Government does not extend to any obligation of

the foundation.

‘‘§ 152611. Authorization of appropriations

‘‘There are authorized to be appropriated to the foundation

for carrying out the purposes of this chapter—

‘‘(1) $5,000,000 for fiscal year 2003; and

‘‘(2) such sums as may be necessary for each succeeding

fiscal year.

‘‘§ 152612. Annual report

‘‘As soon as practicable after the end of each fiscal year, the

foundation shall submit a report to the Commission, the President,

and Congress on the activities of the foundation during the prior

fiscal year, including a complete statement of its receipts, expenditures, and investments. Such report shall contain information gathered from participating secondary school students describing the

nature of the work they performed in assisting local election officials

and the value they derived from the experience of educating participants about the electoral process.’’.

(b) CLERICAL AMENDMENT.—The table of chapters for part B

of subtitle II of title 36, United States Code, is amended by inserting

after the item relating to chapter 1525 the following new item:

‘‘1526. Help America Vote Foundation .......................................................... 152601’’.

Contracts.

116 STAT. 1722 PUBLIC LAW 107–252—OCT. 29, 2002

TITLE VII—VOTING RIGHTS OF MILITARY MEMBERS AND OVERSEAS CITIZENS

SEC. 701. VOTING ASSISTANCE PROGRAMS.

(a) VOTING ASSISTANCE OFFICERS.—Subsection (f) of section

1566 of title 10, United States Code, as added by section 1602(a)

of the National Defense Authorization Act for Fiscal Year 2002

(Public Law 107–107; 115 Stat. 1274), is amended— (1) by striking ‘‘Voting assistance’’ in the first sentence

and inserting ‘‘(1) Voting assistance’’; and

(2) by adding at the end the following new paragraph: ‘‘(2) Under regulations and procedures (including directives)

prescribed by the Secretary, a member of the armed forces appointed

or assigned to duty as a voting assistance officer shall, to the

maximum extent practicable, be given the time and resources

needed to perform the member’s duties as a voting assistance officer

during the period in advance of a general election when members

and their dependents are preparing and submitting absentee ballots.’’.

(b) POSTMARKING OF OVERSEAS VOTING MATERIALS.—Subsection (g)(2) of such section is amended by adding at the end

the following: ‘‘The Secretary shall, to the maximum extent practicable, implement measures to ensure that a postmark or other

official proof of mailing date is provided on each absentee ballot

collected at any overseas location or vessel at sea whenever the

Department of Defense is responsible for collecting mail for return

shipment to the United States. The Secretary shall ensure that

the measures implemented under the preceding sentence do not

result in the delivery of absentee ballots to the final destination

of such ballots after the date on which the election for Federal

office is held. Not later than the date that is 6 months after

the date of the enactment of the Help America Vote Act of 2002,

the Secretary shall submit to Congress a report describing the

measures to be implemented to ensure the timely transmittal and

postmarking of voting materials and identifying the persons responsible for implementing such measures.’’.

(c) PROVIDING NOTICE OF DEADLINES AND REQUIREMENTS.—

Such section is amended by adding at the end the following new

subsection:

‘‘(h) NOTICE OF DEADLINES AND REQUIREMENTS.—The Secretary

of each military department, utilizing the voting assistance officer

network established for each military installation, shall, to the

maximum extent practicable, provide notice to members of the

Armed Forces stationed at that installation of the last date before

a general Federal election for which absentee ballots mailed from

a postal facility located at that installation can reasonably be

expected to be timely delivered to the appropriate State and local

election officials.’’. (d) REGISTRATION AND VOTING INFORMATION FOR MEMBERS AND

DEPENDENTS.—Such section is further amended by adding at the

end the following new subsection:

‘‘(i) REGISTRATION AND VOTING INFORMATION FOR MEMBERS AND

DEPENDENTS.—(1) The Secretary of each military department, using

a variety of means including both print and electronic media, shall,

Deadline.

Reports.

Procedures.

Regulations.

Procedures.

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1723

to the maximum extent practicable, ensure that members of the

Armed Forces and their dependents who are qualified to vote have

ready access to information regarding voter registration requirements and deadlines (including voter registration), absentee ballot

application requirements and deadlines, and the availability of

voting assistance officers to assist members and dependents to

understand and comply with these requirements. ‘‘(2) The Secretary of each military department shall make

the national voter registration form prepared for purposes of the

Uniformed and Overseas Citizens Absentee Voting Act by the Federal Election Commission available so that each person who enlists

shall receive such form at the time of the enlistment, or as soon

thereafter as practicable. ‘‘(3) Where practicable, a special day or days shall be designated

at each military installation for the purpose of informing members

of the Armed Forces and their dependents of election timing, registration requirements, and voting procedures.’’.

SEC. 702. DESIGNATION OF SINGLE STATE OFFICE TO PROVIDE

INFORMATION ON REGISTRATION AND ABSENTEE BALLOTS FOR ALL VOTERS IN STATE.

Section 102 of the Uniformed and Overseas Citizens Absentee

Voting Act (42 U.S.C. 1973ff–1) is amended— (1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘Each State’’;

and

(2) by adding at the end the following new subsection: ‘‘(b) DESIGNATION OF SINGLE STATE OFFICE TO PROVIDE

INFORMATION ON REGISTRATION AND ABSENTEE BALLOT PROCE- DURES FOR ALL VOTERS IN STATE.— ‘‘(1) IN GENERAL.—Each State shall designate a single office

which shall be responsible for providing information regarding

voter registration procedures and absentee ballot procedures

to be used by absent uniformed services voters and overseas

voters with respect to elections for Federal office (including

procedures relating to the use of the Federal write-in absentee

ballot) to all absent uniformed services voters and overseas

voters who wish to register to vote or vote in any jurisdiction

in the State. ‘‘(2) RECOMMENDATION REGARDING USE OF OFFICE TO

ACCEPT AND PROCESS MATERIALS.—Congress recommends that

the State office designated under paragraph (1) be responsible

for carrying out the State’s duties under this Act, including

accepting valid voter registration applications, absentee ballot

applications, and absentee ballots (including Federal write-in

absentee ballots) from all absent uniformed services voters

and overseas voters who wish to register to vote or vote in

any jurisdiction in the State.’’.

SEC. 703. REPORT ON ABSENTEE BALLOTS TRANSMITTED AND

RECEIVED AFTER GENERAL ELECTIONS.

(a) IN GENERAL.—Section 102 of the Uniformed and Overseas

Citizens Absentee Voting Act (42 U.S.C. 1973ff–1), as amended

by section 702, is amended by adding at the end the following

new subsection:

‘‘(c) REPORT ON NUMBER OF ABSENTEE BALLOTS TRANSMITTED

AND RECEIVED.—Not later than 90 days after the date of each

regularly scheduled general election for Federal office, each State

and unit of local government which administered the election shall

Deadline.

Public

information.

116 STAT. 1724 PUBLIC LAW 107–252—OCT. 29, 2002

(through the State, in the case of a unit of local government)

submit a report to the Election Assistance Commission (established

under the Help America Vote Act of 2002) on the combined number

of absentee ballots transmitted to absent uniformed services voters

and overseas voters for the election and the combined number

of such ballots which were returned by such voters and cast in

the election, and shall make such report available to the general

public.’’. (b) DEVELOPMENT OF STANDARDIZED FORMAT FOR REPORTS.— The Election Assistance Commission, working with the Election

Assistance Commission Board of Advisors and the Election Assistance Commission Standards Board, shall develop a standardized

format for the reports submitted by States and units of local government under section 102(c) of the Uniformed and Overseas Citizens

Absentee Voting Act (as added by subsection (a)), and shall make

the format available to the States and units of local government

submitting such reports.

SEC. 704. EXTENSION OF PERIOD COVERED BY SINGLE ABSENTEE BALLOT APPLICATION.

Section 104(a) of the Uniformed and Overseas Citizens Absentee

Voting Act (42 U.S.C. 1973ff–1), as amended by section 1606(b)

of the National Defense Authorization Act for Fiscal Year 2002

(Public Law 107–107; 115 Stat. 1279), is amended by striking ‘‘during that year,’’ and all that follows and inserting the following: ‘‘through the next 2 regularly scheduled general elections for Federal office (including any runoff elections which may occur as a

result of the outcome of such general elections), the State shall

provide an absentee ballot to the voter for each such subsequent

election.’’.

SEC. 705. ADDITIONAL DUTIES OF PRESIDENTIAL DESIGNEE UNDER

UNIFORMED AND OVERSEAS CITIZENS ABSENTEE

VOTING ACT.

(a) EDUCATING ELECTION OFFICIALS ON RESPONSIBILITIES

UNDER ACT.—Section 101(b)(1) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(1)) is amended by

striking the semicolon at the end and inserting the following: ‘‘, and ensure that such officials are aware of the requirements of

this Act;’’. (b) DEVELOPMENT OF STANDARD OATH FOR USE WITH MATE- RIALS.— (1) IN GENERAL.—Section 101(b) of such Act (42 U.S.C.

1973ff(b)) is amended— (A) by striking ‘‘and’’ at the end of paragraph (5);

(B) by striking the period at the end of paragraph

(6) and inserting ‘‘; and’’; and

(C) by adding at the end the following new paragraph: ‘‘(7) prescribe a standard oath for use with any document

under this title affirming that a material misstatement of fact

in the completion of such a document may constitute grounds

for a conviction for perjury.’’.

(2) REQUIRING STATES TO USE STANDARD OATH.—Section

102(a) of such Act (42 U.S.C. 1973ff–1(b)), as amended by

section 702, is amended—

(A) by striking ‘‘and’’ at the end of paragraph (3);

(B) by striking the period at the end of paragraph

(4) and inserting ‘‘; and’’; and

42 USC 1973ff–3.

42 USC 1973ff–1

note.

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1725

(C) by adding at the end the following new paragraph: ‘‘(5) if the State requires an oath or affirmation to accompany any document under this title, use the standard oath

prescribed by the Presidential designee under section

101(b)(7).’’.

(c) PROVIDING STATISTICAL ANALYSIS OF VOTER PARTICIPATION

FOR BOTH OVERSEAS VOTERS AND ABSENT UNIFORMED SERVICES

VOTERS.—Section 101(b)(6) of such Act (42 U.S.C. 1973ff(b)(6)) is

amended by striking ‘‘a general assessment’’ and inserting ‘‘a separate statistical analysis’’.

SEC. 706. PROHIBITION OF REFUSAL OF VOTER REGISTRATION AND

ABSENTEE BALLOT APPLICATIONS ON GROUNDS OF

EARLY SUBMISSION.

(a) IN GENERAL.—Section 104 of the Uniformed and Overseas

Citizens Absentee Voting Act (42 U.S.C. 1973ff–3), as amended

by section 1606(b) of the National Defense Authorization Act for

Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1279), is amended

by adding at the end the following new subsection:

‘‘(e) PROHIBITION OF REFUSAL OF APPLICATIONS ON GROUNDS

OF EARLY SUBMISSION.—A State may not refuse to accept or process,

with respect to any election for Federal office, any otherwise valid

voter registration application or absentee ballot application

(including the postcard form prescribed under section 101) submitted by an absent uniformed services voter during a year on

the grounds that the voter submitted the application before the

first date on which the State otherwise accepts or processes such

applications for that year submitted by absentee voters who are

not members of the uniformed services.’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall apply with respect to elections for Federal office that occur

after January 1, 2004.

SEC. 707. OTHER REQUIREMENTS TO PROMOTE PARTICIPATION OF

OVERSEAS AND ABSENT UNIFORMED SERVICES VOTERS.

Section 102 of the Uniformed and Overseas Citizens Absentee

Voting Act (42 U.S.C. 1973ff–1), as amended by the preceding

provisions of this title, is amended by adding at the end the following new subsection:

‘‘(d) REGISTRATION NOTIFICATION.—With respect to each absent

uniformed services voter and each overseas voter who submits

a voter registration application or an absentee ballot request, if

the State rejects the application or request, the State shall provide

the voter with the reasons for the rejection.’’.

TITLE VIII—TRANSITION PROVISIONS

Subtitle A—Transfer to Commission of

Functions Under Certain Laws

SEC. 801. FEDERAL ELECTION CAMPAIGN ACT OF 1971.

(a) TRANSFER OF FUNCTIONS OF OFFICE OF ELECTION ADMINISTRATION OF FEDERAL ELECTION COMMISSION.—There are transferred to the Election Assistance Commission established under

section 201 all functions which the Office of Election Administration,

42 USC 15531.

Applicability.

42 USC 1973ff–3

note.

116 STAT. 1726 PUBLIC LAW 107–252—OCT. 29, 2002

established within the Federal Election Commission, exercised

before the date of the enactment of this Act.

(b) CONFORMING AMENDMENT.—Section 311(a) of the Federal

Election Campaign Act of 1971 (2 U.S.C. 438(a)) is amended— (1) in paragraph (8), by inserting ‘‘and’’ at the end;

(2) in paragraph (9), by striking ‘‘; and’’ and inserting

a period; and

(3) by striking paragraph (10) and the second and third

sentences.

SEC. 802. NATIONAL VOTER REGISTRATION ACT OF 1993.

(a) TRANSFER OF FUNCTIONS.—There are transferred to the

Election Assistance Commission established under section 201 all

functions which the Federal Election Commission exercised under

section 9(a) of the National Voter Registration Act of 1993 (42

U.S.C. 1973gg–7(a)) before the date of the enactment of this Act.

(b) CONFORMING AMENDMENT.—Section 9(a) of the National

Voter Registration Act of 1993 (42 U.S.C. 1973gg–7(a)) is amended

by striking ‘‘Federal Election Commission’’ and inserting ‘‘Election

Assistance Commission’’.

SEC. 803. TRANSFER OF PROPERTY, RECORDS, AND PERSONNEL.

(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 subtitle 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 subtitle 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 the date of the

enactment of this Act.

SEC. 804. EFFECTIVE DATE; TRANSITION.

(a) EFFECTIVE DATE.—This title and the amendments made

by this title shall take effect upon the appointment of all members

of the Election Assistance Commission under section 203.

(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 title or the amendments made by

this title 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 COMMIS- SION.—During the period which begins on the date of the enactment

of this Act and ends on the effective date described in subsection

(a), 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

42 USC 15534.

42 USC 15533.

42 USC 15532.

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1727

systems) which it has the authority to carry out as of the date

of the enactment of this Act.

Subtitle B—Coverage of Commission

Under Certain Laws and Programs

SEC. 811. TREATMENT OF COMMISSION PERSONNEL UNDER CERTAIN

CIVIL SERVICE LAWS.

(a) COVERAGE UNDER HATCH ACT.—Section 7323(b)(2)(B)(i)(I)

of title 5, United States Code, is amended by inserting ‘‘or the

Election Assistance Commission’’ after ‘‘Commission’’.

(b) EXCLUSION FROM SENIOR EXECUTIVE SERVICE.—Section

3132(a)(1)(C) of title 5, United States Code, is amended by inserting

‘‘or the Election Assistance Commission’’ after ‘‘Commission’’.

SEC. 812. COVERAGE UNDER INSPECTOR GENERAL ACT OF 1978.

(a) IN GENERAL.—Section 8G(a)(2) of the Inspector General

Act of 1978 (5 U.S.C. App.) is amended by inserting ‘‘the Election

Assistance Commission,’’ after ‘‘Federal Election Commission,’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall take effect 180 days after the appointment of all members

of the Election Assistance Commission under section 203.

TITLE IX—MISCELLANEOUS

PROVISIONS

SEC. 901. STATE DEFINED.

In this Act, the term ‘‘State’’ includes the District of Columbia,

the Commonwealth of Puerto Rico, Guam, American Samoa, and

the United States Virgin Islands.

SEC. 902. AUDITS AND REPAYMENT OF FUNDS.

(a) RECORDKEEPING REQUIREMENT.—Each recipient of a grant

or other payment made under this Act 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 Act, 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 Act, whether

by direct grant, cooperative agreement, or contract under this

Applicability.

42 USC 15542.

42 USC 15541.

5 USC app. 8G

note.

116 STAT. 1728 PUBLIC LAW 107–252—OCT. 29, 2002

Act or by subgrant or subcontract from primary grantees or

contractors under this Act.

(3) MANDATORY AUDIT.—In addition to audits conducted

pursuant to paragraph (1), all funds provided under this Act

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 Act 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 251, 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) that—

(1) a recipient of funds under this Act 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.

SEC. 903. CLARIFICATION OF ABILITY OF ELECTION OFFICIALS TO

REMOVE REGISTRANTS FROM OFFICIAL LIST OF VOTERS

ON GROUNDS OF CHANGE OF RESIDENCE.

Section 8(b)(2) of the National Voter Registration Act of 1993

(42 U.S.C. 1973gg–6(b)(2)) is amended by striking the period at

the end and inserting the following: ‘‘, except that nothing in this

paragraph may be construed to prohibit a State from using the

procedures described in subsections (c) and (d) to remove an individual from the official list of eligible voters if the individual—

‘‘(A) has not either notified the applicable registrar

(in person or in writing) or responded during the period

described in subparagraph (B) to the notice sent by the

applicable registrar; and then

‘‘(B) has not voted or appeared to vote in 2 or more

consecutive general elections for Federal office.’’.

PUBLIC LAW 107–252—OCT. 29, 2002 116 STAT. 1729

SEC. 904. REVIEW AND REPORT ON ADEQUACY OF EXISTING ELECTORAL FRAUD STATUTES AND PENALTIES.

(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)

together with such recommendations for legislative and administrative action as the Attorney General determines appropriate.

SEC. 905. OTHER CRIMINAL PENALTIES.

(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 11(c) of the National

Voting Rights Act of 1965 (42 U.S.C. 1973i(c)), 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, United States Code, shall be fined or imprisoned, or both,

in accordance with such section.

SEC. 906. NO EFFECT ON OTHER LAWS.

(a) IN GENERAL.—Except as specifically provided in section

303(b) of this Act with regard to the National Voter Registration

Act of 1993 (42 U.S.C. 1973gg et seq.), nothing in this Act 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.).

42 USC 15545.

42 USC 15544.

42 USC 15543.

116 STAT. 1730 PUBLIC LAW 107–252—OCT. 29, 2002

LEGISLATIVE HISTORY—H.R. 3295 (S. 565):

HOUSE REPORTS: Nos. 107–329, Pt. 1 (Comm. on House Administration) and 107–

730 (Comm. of Conference).

CONGRESSIONAL RECORD:

Vol. 147 (2001): Dec. 12, considered and passed House.

Vol. 148 (2002): Apr. 11, considered and passed Senate, amended, in lieu of S.

565.

Oct. 10, House agreed to conference report.

Oct. 15, 16, Senate considered, receded from its amendment,

and agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):

Oct. 29, Presidential remarks and statement.

Æ

(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 title

I or title II, or any other action taken by the Commission or

a State under such title, 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.

Approved October 29, 2002.