dreamproit/uscode huggingface dataset:
52 U.S.C. § 20922 (VOTING AND ELECTIONS)
§ 20922. 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 subpart 3 of this part (relating to the adoption of voluntary voting system guidelines), including the maintenance of a clearinghouse of information on the experiences of State and local governments in implementing the guidelines and in operating voting systems in general;
(2) carrying out the duties described in part B of this subchapter (relating to the testing, certification, decertification, and recertification of voting system hardware and software);
(3) carrying out the duties described in part C of this subchapter (relating to conducting studies and carrying out other activities to promote the effective administration of Federal elections);
(4) carrying out the duties described in part D of this subchapter (relating to election assistance), and providing information and training on the management of the payments and grants provided under such part;
(5) carrying out the duties described in part B of subchapter III (relating to the adoption of voluntary guidance); and
(6) developing and carrying out the Help America Vote College Program under subchapter V.
(Pub. L. 107–252, title II, § 202, Oct. 29, 2002, 116 Stat. 1673.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 15322 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20925 (VOTING AND ELECTIONS)
§ 20925. Powers
(a) Hearings and sessions
The Commission may hold such hearings for the purpose of carrying out this chapter, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this chapter. The Commission may administer oaths and affirmations to witnesses appearing before the Commission.
(b) Information from Federal agencies
The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this chapter. Upon request of the Commission, the head of such department or agency shall furnish such information to the Commission.
(c) Postal services
The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.
(d) Administrative support services
Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services that are necessary to enable the Commission to carry out its duties under this chapter.
(e) Contracts
The Commission may contract with and compensate persons and Federal agencies for supplies and services without regard to section 6101 of title 41.
(Pub. L. 107–252, title II, § 205, Oct. 29, 2002, 116 Stat. 1677.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsecs. (a), (b), and (d), was in the original “this Act”, meaning Pub. L. 107–252, Oct. 29, 2002, 116 Stat. 1666, known as the Help America Vote Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables.
heading: Codification
text: Section was formerly classified to section 15325 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
In subsec. (e), “section 6101 of title 41” substituted for “section 3709 of the Revised Statutes of the United States (41 U.S.C. 5)” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
52 U.S.C. § 20926 (VOTING AND ELECTIONS)
§ 20926. 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 information on the activities carried out under this chapter.
(Pub. L. 107–252, title II, § 206, Oct. 29, 2002, 116 Stat. 1677.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 107–252, Oct. 29, 2002, 116 Stat. 1666, known as the Help America Vote Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables.
heading: Codification
text: Section was formerly classified to section 15326 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20927 (VOTING AND ELECTIONS)
§ 20927. 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 chapter, including information on each grant or other payment made under such programs.
(2) A copy of each report submitted to the Commission by a recipient of such grants or payments which is required under such a program, including reports submitted by States receiving requirements payments under subpart 1 of part D of this subchapter, and each other report submitted to the Commission under this chapter.
(3) Information on the voluntary voting system guidelines adopted or modified by the Commission under subpart 3 of this part and information on the voluntary guidance adopted under part B of subchapter III.
(4) All votes taken by the Commission.
(5) Such other information and recommendations as the Commission considers appropriate.
(Pub. L. 107–252, title II, § 207, Oct. 29, 2002, 116 Stat. 1677.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in pars. (1) and (2), was in the original “this Act”, meaning Pub. L. 107–252, Oct. 29, 2002, 116 Stat. 1666, known as the Help America Vote Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables.
heading: Codification
text: Section was formerly classified to section 15327 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20928 (VOTING AND ELECTIONS)
§ 20928. Requiring majority approval for actions
Any action which the Commission is authorized to carry out under this chapter may be carried out only with the approval of at least three of its members.
(Pub. L. 107–252, title II, § 208, Oct. 29, 2002, 116 Stat. 1678.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 107–252, Oct. 29, 2002, 116 Stat. 1666, known as the Help America Vote Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables.
heading: Codification
text: Section was formerly classified to section 15328 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20929 (VOTING AND ELECTIONS)
§ 20929. 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 20508(a) of this title.
(Pub. L. 107–252, title II, § 209, Oct. 29, 2002, 116 Stat. 1678.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 15329 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20930 (VOTING AND ELECTIONS)
§ 20930. Authorization of appropriations
In addition to the amounts authorized for payments and grants under this subchapter and the amounts authorized to be appropriated for the program under section 21123 of this title, there are authorized to be appropriated for each of the fiscal years 2003 through 2005 such sums as may be necessary (but not to exceed $10,000,000 for each such year) for the Commission to carry out this subchapter.
(Pub. L. 107–252, title II, § 210, Oct. 29, 2002, 116 Stat. 1678.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 15330 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20941 (VOTING AND ELECTIONS)
§ 20941. Establishment
There are hereby established the Election Assistance Commission Standards Board (hereafter in this subchapter referred to as the “Standards Board”) and the Election Assistance Commission Board of Advisors (hereafter in this subchapter referred to as the “Board of Advisors”).
(Pub. L. 107–252, title II, § 211, Oct. 29, 2002, 116 Stat. 1678.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 15341 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20942 (VOTING AND ELECTIONS)
§ 20942. Duties
The Standards Board and the Board of Advisors shall each, in accordance with the procedures described in subpart 3 of this part, review the voluntary voting system guidelines under such subpart, the voluntary guidance under subchapter III, and the best practices recommendations contained in the report submitted under section 20982(b) of this title.
(Pub. L. 107–252, title II, § 212, Oct. 29, 2002, 116 Stat. 1678.)
heading: Editorial Notes
heading: References in Text
text: Subchapter III, referred to in text, was in the original “title III”, meaning title III of Pub. L. 107–252, Oct. 29, 2002, 116 Stat. 1704, which is classified principally to subchapter III (§ 21081 et seq.) of this chapter. For complete classification of title III to the Code, see Tables.
heading: Codification
text: Section was formerly classified to section 15342 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20944 (VOTING AND ELECTIONS)
§ 20944. 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.1
(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.2
(10) Two members appointed by the United States Commission on Civil Rights.
(11) Two members appointed by the Architectural and Transportation Barrier 3 Compliance Board under section 792 of title 29.
(12) The chief of the Office of Public Integrity of the Department of Justice,4 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. 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.
(Pub. L. 107–252, title II, § 214, Oct. 29, 2002, 116 Stat. 1680.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 15344 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20946 (VOTING AND ELECTIONS)
§ 20946. Status of Boards and members for purposes of claims against Board
(a) In general
The provisions of chapters 161 and 171 of title 28 shall apply with respect to the liability of the Standards Board, the Board of Advisors, and their members for acts or omissions performed pursuant to and in the course of the duties and responsibilities of the Board.
(b) Exception for criminal acts and other willful conduct
Subsection (a) 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.
(Pub. L. 107–252, title II, § 216, Oct. 29, 2002, 116 Stat. 1681.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 15346 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20982 (VOTING AND ELECTIONS)
§ 20982. 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 20310(1) of this title) and overseas voters (as defined in section 20310(5) of this title).
(2) Issues considered
In conducting the study under paragraph (1) the Commission shall consider the following issues:
(A) The rights of residence of uniformed services voters absent due to military orders.
(B) The rights of absent uniformed services voters and overseas voters to register to vote and cast absentee ballots, including the right of such voters to cast a secret ballot.
(C) The rights of absent uniformed services voters and overseas voters to submit absentee ballot applications early during an election year.
(D) The appropriate preelection deadline for mailing absentee ballots to absent uniformed services voters and overseas voters.
(E) The appropriate minimum period between the mailing of absentee ballots to absent uniformed services voters and overseas voters and the deadline for receipt of such ballots.
(F) The timely transmission of balloting materials to absent uniformed services voters and overseas voters.
(G) Security and privacy concerns in the transmission, receipt, and processing of ballots from absent uniformed services voters and overseas voters, including the need to protect against fraud.
(H) The use of a single application by absent uniformed services voters and overseas voters for absentee ballots for all Federal elections occurring during a year.
(I) The use of a single application for voter registration and absentee ballots by absent uniformed services voters and overseas voters.
(J) The use of facsimile machines and electronic means of transmission of absentee ballot applications and absentee ballots to absent uniformed services voters and overseas voters.
(K) Other issues related to the rights of absent uniformed services voters and overseas voters to participate in elections.
(b) Report and recommendations
Not later than the date that is 18 months after October 29, 2002, the Commission shall submit to the President and Congress a report on the study conducted under subsection (a)(1) together with recommendations identifying the best practices used with respect to the issues considered under subsection (a)(2).
(Pub. L. 107–252, title II, § 242, Oct. 29, 2002, 116 Stat. 1688.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 15382 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20983 (VOTING AND ELECTIONS)
§ 20983. Report on human factor research
Not later than 1 year after October 29, 2002, the Commission, in consultation with the Director of the National Institute of Standards and Technology, shall submit a report to Congress which assesses the areas of human factor research, including usability engineering and human-computer and human-machine interaction, which feasibly could be applied to voting products and systems design to ensure the usability and accuracy of voting products and systems, including methods to improve access for individuals with disabilities (including blindness) and individuals with limited proficiency in the English language and to reduce voter error and the number of spoiled ballots in elections.
(Pub. L. 107–252, title II, § 243, Oct. 29, 2002, 116 Stat. 1688.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 15383 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20984 (VOTING AND ELECTIONS)
§ 20984. 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 21083(b) of this title on voters who register by mail.
(B) Specific issues studied
The study conducted under subparagraph (A) shall include—
(i) an examination of the impact of section 21083(b) of this title on first time mail registrant voters who vote in person, including the impact of such section on voter registration;
(ii) an examination of the impact of such section on the accuracy of voter rolls, including preventing ineligible names from being placed on voter rolls and ensuring that all eligible names are placed on voter rolls; and
(iii) an analysis of the impact of such section on existing State practices, such as the use of signature verification or attestation procedures to verify the identity of voters in elections for Federal office, and an analysis of other changes that may be made to improve the voter registration process, such as verification or additional information on the registration card.
(2) Report
Not later than 18 months after the date on which section 21083(b)(2) of this title takes effect, the Commission shall submit a report to the President and Congress on the study conducted under paragraph (1)(A) together with such recommendations for administrative and legislative action as the Commission determines is appropriate.
(b) Use of Social Security information
Not later than 18 months after the date on which section 21083(a)(5) of this title takes effect, the Commission, in consultation with the Commissioner of Social Security, shall study and report to Congress on the feasibility and advisability of using Social Security identification numbers or other information compiled by the Social Security Administration to establish voter registration or other election law eligibility or identification requirements, including the matching of relevant information specific to an individual voter, the impact of such use on national security issues, and whether adequate safeguards or waiver procedures exist to protect the privacy of an individual voter.
(Pub. L. 107–252, title II, § 244, Oct. 29, 2002, 116 Stat. 1689.)
heading: Editorial Notes
heading: References in Text
text: For the effective dates of subsecs. (a)(5) and (b)(2) of section 21083 of this title, referred to in subsecs. (a)(2) and (b), see section 21083(d) of this title.
heading: Codification
text: Section was formerly classified to section 15384 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20986 (VOTING AND ELECTIONS)
§ 20986. 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) that does not apply with respect to the postage required to send the absentee ballots to voters.
(2) Public survey
As part of the study conducted under paragraph (1), the Commission shall conduct a survey of potential beneficiaries under the program described in such paragraph, including the elderly and disabled, and shall take into account the results of such survey in determining the feasibility and advisability of establishing such a program.
(b) Report
(1) Submission
Not later than the date that is 1 year after October 29, 2002, the Commission shall submit to Congress a report on the study conducted under subsection (a)(1) 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.
(Pub. L. 107–252, title II, § 246, Oct. 29, 2002, 116 Stat. 1691.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 15386 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
52 U.S.C. § 20987 (VOTING AND ELECTIONS)
§ 20987. Consultation with Standards Board and Board of Advisors
The Commission shall carry out its duties under this part in consultation with the Standards Board and the Board of Advisors.
(Pub. L. 107–252, title II, § 247, Oct. 29, 2002, 116 Stat. 1692.)
heading: Editorial Notes
heading: Codification
text: Section was formerly classified to section 15387 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.