Help America Vote Act of 2002
PL 107-252 (H.R.3295), enacted 10/29/2002

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 adminis-
Oct. 29, 2002 
tration of Federal elections and to otherwise provide assistance with the adminis-
rjj jj 32951 
tration 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 
Help America 
the United States of America in Congress assembled, 
Vote Act of 2002. 
gECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
42 use 15301 
(a) SHORT TITLE.—This Act may be cited as the "Help America 
note. 
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 IM-
PROVEMENTS 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 n-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. 
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 Sofl;ware 
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 mili-
tary 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 goveriunent to assure access for in-
dividuals 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 require-
ments 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 elec-
tions. 
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 applica-
tions on grounds of early submission. 
Sec. 707. Other requirements to promote participation of overseas and absent uni-
formed 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 offi-
cial 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 
IM-
PROVEMENTS AND REPLACEMENT OF 
PUNCH CARD AND LEVER VOTING MA-
CHINES 
42 u s e 15301. 
Deadlines. 
Notification. 
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 
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 Fed-
eral office. 
(C) Educating voters concerning voting procedures, 
voting rights, and voting technology. 
(D) Training election officials, poll workers, and elec-
tion volunteers. 
(E) Developing the State plan for requirements pay-
ments 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 individ-
uals 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 para-
graph (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 para-
graph 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 o
f
— 
(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). 
42 u s e 15302. 
SEC. 102. REPLACEMENT OF PUNCH CARD OR LEVER VOTING 
MACHINES. 
(a) ESTABLISHMENT OF PROGRAM.— 
Deadline. 
(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 pay-
ment 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 arrange-
ment 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 
PUBLIC LAW 107-252—OCT. 29, 2002 
116 STAT. 1671 
within that State have been replaced in time for the regu-
larly 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 legisla-
tion to carry out an activity covered by any certification sub-
mitted 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 o
f
— 
(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 pro-
gram 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 pre-
cinct 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: 
(l)C.E.S. 
(2)Datavote. 
(3) PBC Counter. 
(4)Pollstar. 
(5) Punch Card. 
(6) Vote Recorder. 
(7) Votomatic. 
42 use 15303. 
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 Common-
wealth 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). 
42 use 15304. 
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 UNEX-
PENDED 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. 
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 Adminis-
trator shall take such actions as the Administrator considers appro-
priate 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. 
42 u s e 15305. 
Deadline. 
42 u s e 15306. 
TITLE II—COMMISSION 
Subtitle A—Establishment and General 
Organization 
PART l—ELECTION ASSISTANCE COMMISSION 
SEC. 201. ESTABLISHMENT. 
42 USC 15321. 
There is hereby established as an independent entity the Elec-
tion 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. 
42 USC 15322. 
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; 
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 pro-
mote 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. 
42 use 15323. 
SEC. 203. MEMBERSHIP AND APPOINTMENT. 
(a) MEMBERSHIP.— 
President. 
(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 administra-
tion or the study of elections. 
Deadline. 
(4) DATE OF APPOINTMENT.—The appointments of the mem-
bers 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 imtil the successor of such member has 
taken office as a member of the Commission. 
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 emplo3niient while serving as a member 
of the Commission and shall terminate or liquidate such busi-
ness, vocation, or employment before sitting as a member of 
the Commission. 
SEC. 204. STAFF. 
42 USC 15324. 
(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 Execu-
tive 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 Execu-
tive 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 
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.—Notwith-
standing 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 pre-
vious sentence may be construed to prohibit the indi-
vidual serving as the interim Executive Director from 
serving any additional term. 
(4) GENERAL COUNSEL.—The Commission shall have a Gen-
eral 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 Commis-
sion 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 Commis-
sion, 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 arrange-
ments 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 per-
sonnel 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. 
42 USC 15325. 
(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 depart-
ment 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 pro-
vide 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 com-
pensate 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. 
42 USC 15326. 
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 appro-
priate) 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 informa-
tion: 
(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 pa3mients 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. 
42 USC 15327. 
Deadline. 
116 STAT. 1678 
PUBLIC LAW 107-252—OCT. 29, 2002 
(5) Such other information and recommendations as the 
Commission considers appropriate. 
42 use 15328. 
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. 
42 use 15329. 
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)). 
42 use 15330. 
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 
42 use 15341. 
SEC. 211. ESTABLISHMENT. 
There are hereby established the Election Assistance Commis-
sion 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"). 
42 use 15342. 
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). 
42 use 15343. 
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 pur-
poses of paragraph (1)(B). In the case of the District of 
Columbia, Guam, and American Samoa, the chief election offi-
cial shall establish a procedure for selecting an individual to 
serve as a local election official for purposes of such paragraph, 
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 APPOINT-
MENT.— 
(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 Commis-
sion 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 Commis-
sion 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. 
42 use 15344. 
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 Con-
ference of Mayors. 
(8) Two members appointed by the Election Center. 
(9) Two members appointed by the International Associa-
tion of County Recorders, Election Officials, and Treasurers. 
(10) Two members appointed by the United States Commis-
sion 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 Depart-
ment of Justice, or the chiefs designee. 
(13) The chief of the Voting Section of the Civil Rights 
Division of the Department of Justice or the chiefs 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. 
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 avail-
able 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 advis-
able 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 pur-
poses of voting on the voluntary voting system guidelines 
referred to it under section 222; 
(B) in the case of the Standards Board, not less fre-
quently 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 con-
siders 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 Stand-
ards 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 author-
ized 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 
42 u s e 15345. 
42 u s e 15346. 
Applicability. 
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 responsibiHties of the Board. 
(b) EXCEPTION FOR CRIMINAL ACTS AND OTHER WILLFUL CON-
DUCT.—Subsection (a) may not be construed to Hmit personal 
HabiHty for criminal acts or omissions, willful or malicious mis-
conduct, acts or omissions for private gain, or any other act or 
omission outside the scope of the service of a member of the Stand-
ards Board or the Board of Advisors. 
PART 3—TECHNICAL G U m E L I N E S 
DEVELOPMENT COMMITTEE 
42 use 15361. 
SEC. 221. TECHNICAL GUmELINES 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 rec-
ommendations 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 Commis-
sion 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 Transpor-
tation Barrier Compliance Board under section 502 
of the Rehabilitation Act of 1973 (29 U.S.C. 792). 
(B) A representative of the American National Stand-
ards 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 Develop-
ment 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 Develop-
ment 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 
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 STAND-
ARDS AND TECHNOLOGY.— 
(1) IN GENERAL.—^At the request of the Development Com-
mittee, 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 vol-
untary 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 applica-
tion 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 rec-
ommendations 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.—Con-
sistent 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 Reg-
ister. 
(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 guide-
lines and modifications of such guidelines under this section. 
42 u s e 15362. 
Federal Register, 
publication. 
116 STAT. 1684 
PUBLIC LAW 107-252—OCT. 29, 2002 
the Executive Director of the Commission shall take into consid-
eration the recommendations provided by the Technical Guide-
lines 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 recommenda-
tions to the Standards Board. 
(c) REVIEW.—Upon receipt ofvoluntary 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 modi-
fication) 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.—^Notwith-
standing any other provision of this part, the most recent set 
of voting system standards adopted by the Federal Election Commis-
sion 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, Decerti-
fication, 
and Recertification of Voting 
System Hardware and Software 
42 u s e 15371. 
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 labora-
tories. 
PUBLIC LAW 107-252—OCT. 29, 2002 
116 STAT. 1685 
Deadline. 
Records. 
(2) OPTIONAL USE BY STATES.—At the option of a State, 
the State may provide for the testing, certification, decertifica-
tion, or recertification of its voting system hardware and soft-
ware by the laboratories accredited by the Commission under 
this section. 
(b) LABORATORY ACCREDITATION.— 
(1) RECOMMENDATIONS BY NATIONAL INSTITUTE OF STAND-
ARDS 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, decerti-
fication, 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 Publication, 
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 Commis-
sion 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 labora-
tory. 
(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 proce-
dure 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. 
116 STAT. 1686 
PUBLIC LAW 107-252—OCT. 29, 2002 
Subtitle C—Studies and Other Activities 
To Promote Effective Administration of 
Federal Elections 
42 use 15381. 
Public 
information. 
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 pur-
poses 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, registra-
tion, 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, deter-
ring, 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 reg-
istering to vote and voting, the operation of voting mechanisms, 
the location of polling places, and all other aspects of partici-
pating in elections. 
(10) The feasibility and advisability of conducting elections 
for Federal office on different days, at different places, and 
PUBLIC LAW 107-252—OCT. 29, 2002 
116 STAT. 1687 
during different hours, including the advisabiHty of estabhshing 
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 elec-
tions 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 con-
tests 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 lan-
guages and who have limited English proficiency. 
(15) Matters particularly relevant to voting and admin-
istering elections in rural and urban areas. 
(16) Methods of voter registration for members of the uni-
formed 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 
42 use 15382. 
SEC. 242. STUDY, REPORT, AND RECOMMENDATIONS ON BEST PRAC-
TICES 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 Over-
seas 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 uni-
formed services voters and overseas voters to participate 
in elections. 
Deadline. 
(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 (aX2). 
42 use 15383. 
SEC. 243. REPORT ON HUMAN FACTOR RESEARCH. 
Deadline. 
Not later than 1 year after the date of the enactment of this 
Act, the Commission, in consultation with the Director of the 
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 
42 USC 15384. 
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 registra-
tion; 
(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 registra-
tion card. 
(2) REPORT.—Not later than 18 months after the date on Deadline, 
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 rec-
ommendations for administrative and legislative action as the 
Commission determines is appropriate. 
(b) U S E OF SOCIAL SECURITY INFORMATION.—Not later than 
Deadline. 
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. 
99-194 O -03-4 :0L3 Part 3 
116 STAT. 1690 
PUBLIC LAW 107-252—OCT. 29, 2002 
42 use 15385. 
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 poten-
tial for election fraud, presented by incorporating communica-
tions 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 tech-
nologies 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 elec-
tions process, voter privacy and anonymity, and other 
issues related to the conduct and administration of elec-
tions; 
(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.— 
PUBLIC LAW 107-252—OCT. 29, 2002 
116 STAT. 1691 
(1) SUBMISSION.—Not later than 20 months after the date Deadline, 
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 Administra-
tion of the Senate a report on the results of the study conducted 
under subsection (a), including such legislative recommenda-
tions 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. 
42 USC 15386. 
(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 poten-
tial beneficiaries under the program described in such para-
graph, 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 Deadline, 
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 legis-
lative 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 para-
graph (1) shall contain an analysis of the feasibility of imple-
menting 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 DIS-
ABLED.—The report submitted under paragraph (1) shall— 
(A) include recommendations on ways that program 
described in subsection (a)(1) would target elderly individ-
uals 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. 
116 STAT. 1692 
42 use 15387. 
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 
42 use 15401. 
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 administra-
tion 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 equip-
ment 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. 
PUBLIC LAW 107-252—OCT. 29, 2002 
116 STAT. 1693 
(f) LIMITATION.—^A State may not use any portion of a require-
ments pa3rment— 
(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. 
42 USC 15402. 
(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 o
f
— 
(1) the total amount appropriated for requirements pay-
ments for the year pursuant to the authorization under section 
257; and 
(2) the State allocation percentage for the State (as deter-
mined 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 o
f
— 
(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 require-
ments 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 appro-
priated 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, one-
tenth of 1 percent of such total amount. 
(d) PRO RATA REDUCTIONS.—The Administrator shall make 
such pro rata reductions to the allocations determined under sub-
section (a) as are necessary to comply with the requirements of 
subsection (c). 
(e) CONTINUING AVAILABILITY OF FUNDS AFTER APPROPRD^-
TION.—^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. 
42 USC 15403. 
(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 certi-
fying 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: " 
hereby certifies that it is in compli-
ance 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— 
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 adminis-
trative complaint procedures required under section 402 (or 
has included such a plan in the State plan filed under para-
graph (1)), and has such procedures in place for purposes of 
Applicability. 
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. 
Applicability. 
(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 require-
ments of title III— 
(A) the State's proposed uses of the requirements pay-
ment are not inconsistent with the requirements of title 
III; and 
(B) the use of the funds under this paragraph is con-
sistent with the requirements of section 25 Kb). 
(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 pay-
ment and the amount spent by the State) and, in the case 
of a State that uses a requirements payment as a reimburse-
ment 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 expira-
tion 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 des-
ignated by the State under section 10 of the National Voter Reg-
istration Act of 1993 (42 U.S.C. 1973gg-8) to be responsible for 
coordination of the State's responsibilities under such Act. 
42 use 15404. 
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. 
PUBLIC LAW 107-252—OCT. 29, 2002 
116 STAT. 1695 
(2) How the State will distribute and monitor the distribu-
tion 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 pay-
ment is distributed, consistent with the performance goals 
and measures adopted under paragraph (8). 
(3) How the State will provide for programs for voter edu-
cation, election official education and training, and poll worker 
training which will assist the State in meeting the requirements 
of title m . 
(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 sub-
section (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 pa3anent which 
will be used to carry out activities to meet such require-
ments; and 
(C) the portion of the requirements pajntnent 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 meas-
ures that will be used by the State to determine its success 
and the success of units of local government in the State 
in carrying out the plan, including timetables for meeting each 
of the elements of the plan, descriptions of the criteria the 
State will use to measure performance and the process used 
to develop such criteria, and a description of which official 
is to be held responsible for ensuring that each performance 
goal is met. 
(9) A description of the uniform, nondiscriminatory State-
based administrative complaint procedures in effect under sec-
tion 402. 
(10) If the State received any payment under title I, a 
description of how such payment will affect the activities pro-
posed 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 accord-
ance 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 subparsigraph 
(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 
(aX5), 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 Commis-
sion 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; 
42 USC15405. 
PUBLICATION BY COMMISSION. 
(a) IN GENERAL.—The chief State election official shall develop 
the State plan under this subtitle through a committee of appro-
priate 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 Federal Register, 
State plan of a State under this subtitle, the Commission shall publication. 
cause to have the plan published in the Federal Register. 
SEC. 256. REQUIREMENT FOR PUBLIC NOTICE AND COMMENT. 
42 USC 15406. 
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. 
42 USC 15407. 
(a) IN GENERAL.—In addition to amounts transferred under 
section 104(c), there are authorized to be appropriated for require-
ments 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. 
42 USC 15408. 
Not later than 6 months after the end of each fiscal year Deadline, 
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. 
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 
42 use 15421. 
SEC. 261. PAYMENTS TO STATES AND UNITS OF LOCAL GOVERNMENT 
TO ASSURE ACCESS FOR INDIVIDUALS WITH DISABIL-
ITIES. 
(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 pajnnent received under this part for— 
(1) making polling places, including the path of travel, 
entrances, exits, and voting areas of each polling facility, acces-
sible to individuals with disabilities, including the blind and 
visually impaired, in a manner that provides the same oppor-
tunity 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 cal-
endar year thereafter, the Secretary shall make pa3mients under 
this part. 
42 use 15422. 
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. 
42 use 15423. 
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 compli-
ance with the requirements of this part. 
(c) PROTECTION AGAINST ACTIONS BASED ON INFORMATION IN 
APPLICATION.— 
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. 
42 USC 15424. 
(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. 
' 
42 USC15425. 
(a) REPORTS BY RECIPIENTS.—Not later than the 6 months Deadline, 
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 Administra-
tion 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 IMPROVE-
MENTS. 
(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. 
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.— 
Records. 
(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 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. 
(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. 
42 u s e 15442. 
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. 
42 u s e 15443. 
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. 
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, with-
out 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 individ-
uals 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. 
Grants. 
42 u s e 15451. 
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. 
42 use 15452. 
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. 
42 use 15453. 
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, with-
out fiscal year limitation, until expended. 
PART 5—PROTECTION AND ADVOCACY 
SYSTEMS 
42 use 15461. 
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 participa-
tion 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.— 
Deadline. 
(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 pajnnents 
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 
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 tech-
nical 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 dem-
onstrated 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, notwith-
standing 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 cam-
paign; or 
42 use 15462. 
42 use 15471. 
Grants. 
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. 
Awards. 
(b) REQUIREMENT.—^The National Student and Parent Mock 
Election shall present awards to outstanding student and parent 
mock election projects. 
42 use 15472. 
SEC. 296. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out the provi-
sions 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 NONDISCRIM-
INATORY 
ELECTION 
TECHNOLOGY 
AND 
ADMINISTRATION 
REQUIRE-
MENTS 
Subtitle A—Requirements 
42 use 15481. 
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— 
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). 
(0) 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 subpara-
graph (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 individ-
uals 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 para-
graph). 
(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-la). 
(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 stand-
ards that define what constitutes a vote and what will be 
116 STAT. 1706 
PUBLIC LAW 107-252—OCT. 29, 2002 
42 u s e 15482. 
Notification. 
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 informa-
tion; 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)(l)(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 sub-
section 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 REQUIRE-
MENTS. 
(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— 
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) ehgible 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 con-
tained 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 indi-
vidual 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.SC. 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 misrepresenta-
tion. 
(c) VOTERS WHO VOTE AFTER THE POLLS CLOSE.—^Any indi-
vidual 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. 
42 u s e 15483. 
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 nondiscrim-
inatory 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 identi-
fier 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 elec-
tronic 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 electroni-
cally 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 
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 offi-
cial voter registration list for the conduct of all elec-
tions 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 require-
ment for individuals in the State with respect to elections 
for Federal office. 
(2) COMPUTERIZED LIST MAINTENANCE.— 
(A) IN GENERAL.—The appropriate State or local elec-
tion 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 coordi-
nate 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 techno-
logical 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 
Contracts. 
(A) A system of file maintenance that makes a reason-
able 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 consecu-
tive general elections for Federal office shall be removed 
from the official list of eligible voters, except that no reg-
istrant 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 applica-
tion 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 Fed-
eral 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 identi-
fying number assigned under the list. 
(iii) DETERMINATION OF VALIDITY OF NUMBERS PRO-
VIDED.—The 
State 
shall 
determine 
whether 
the 
information provided by an individual is sufficient to 
meet the requirements of this subparagraph, in accord-
ance 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 pro-
vided 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 
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 pur- Contracts. 
pose of verifying applicable information, so long as the require-
ments of subparagraphs (A) and (B) of paragraph (3) are met; 
and 
"(ii) include in such agreement safeguards to assure the Confidentiality, 
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 Procedures, 
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, daj% 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 pursu-
ant 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 
Penalties. 
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 
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 num-
bers, 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 require-
ments 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 identi-
fication; 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 identi-
fication; or 
(II) a copy of a current utility bill, bank state-
ment, 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 identifica-
tion; 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-l et seq.); 
(ii) provided the right to vote otherwise than in 
person under section 3(b)(2)(B)(ii) of the Voting Accessi-
bility for the Elderly and Handicapped Act (42 U.S.C. 
1973ee-l(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 Registra-
tion 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 informa-
tion 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 reg- Notification. 
istration 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 
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)(3XB)(i)(II) shall not be consid-
ered 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. 
Applicability. 
(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 certifi-
cation 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. 
42 use 15484. 
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 incon-
sistent with the Federal requirements under this title or any law 
described in section 906. 
42 USE 15485. 
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. 
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 con-
sistent with such requirements in accordance with the procedures 
described in section 312. 
(b) DEADLINES.—The Commission shall adopt the recommenda-
tions 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 
42 u s e 15501. 
Federal Register, 
publication. 
Public 
information. 
42 u s e 15502. 
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 nondiscrim-
inatory election technology and administration requirements under 
sections 301, 302, and 303. 
SEC. 402. ESTABLISHMENT OF STATE-BASED ADMINISTRATIVE COM-
PLAINT 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 nondiscrim-
inatory. 
42 u s e 15511. 
42 u s e 15512. 
116 STAT. 1716 
PUBLIC LAW 107-252—OCT. 29, 2002 
(B) Under the procedures, any person who beHeves 
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 com-
plaint and publish the results of the procedures. 
Deadline. 
(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. 
Deadline. 
(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 proce-
Records. 
dures 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 dis-
pute resolution procedures. 
(b) REQUIRING ATTORNEY GENERAL APPROVAL OF COMPLIANCE 
PLAN FOR STATES NOT RECEIVING FUNDS.— 
Deadline. 
(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 Gen-
eral 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 sub-
mitted 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. 
PUBLIC LAW 107-252—OCT. 29, 2002 
116 STAT. 1717 
TITLE V—HELP AMERICA VOTE 
COLLEGE PROGRAM 
SEC. 501. ESTABLISHMENT OF PROGRAM. 
42 USC 15521. 
(a) IN GENERAL.—Not later than 1 year after the appointment Deadline, 
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. 
42 USC 15522. 
(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 gov-
erned 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. 
42 USC 15523. 
In addition to any funds authorized to be appropriated to the 
Commission under section 210, there are authorized to be appro-
priated 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: 
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 corpora-
tion. 
"(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 elec-
tion 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 Rev-
enue 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 B E CARRIED OUT ON NON-
PARTISAN BASIS.—The foundation shall carry out its purposes with-
out 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 con-
sultation 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 Deadline. 
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 other-
wise 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 with-
out 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 
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 Govern-
ment. 
"§ 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 pur-
chase or exchange; 
"(3) unless otherwise required by an instrument of transfer, 
to sell, donate, lease, invest, or otherwise dispose of any prop-
erty or income from property; 
"(4) to borrow money and issue instruments of indebted-
ness; 
"(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 encum-
bered, 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 
Contracts. 
"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 ofthis 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, expendi-
tures, and investments. Such report shall contain information gath-
ered 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 partici-
pants 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". 
99-194 0-03-5 :QL3 Part3 
116 STAT. 1722 
PUBLIC LAW 107-252—OCT. 29, 2002 
TITLE VII—VOTING RIGHTS OF MILI-
TARY MEMBERS AND OVERSEAS CITI-
ZENS 
Regulations. 
Procedures. 
Procedures. 
Deadline. 
Reports. 
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 bal-
lots.". 
(b) POSTMARKING OF OVERSEAS VOTING MATERIALS.—Sub-
section (g)(2) of such section is amended by adding at the end 
the following: "The Secretary shall, to the maximum extent prac-
ticable, 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 respon-
sible 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. 
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 quaUfied to vote have 
ready access to information regarding voter registration require-
ments and deadhnes (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 Fed-
eral 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, reg-
istration requirements, and voting procedures.". 
SEC. 
702. DESIGNATION OF SINGLE STATE OFFICE TO PROVIDE 
INFORMATION ON REGISTRATION AND ABSENTEE BAL-
LOTS FOR ALL VOTERS IN STATE. 
Section 102 of the Uniformed and Overseas Citizens Absentee 
Voting Act (42 U.S.C. 1973ff-l) 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-l), 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 Deadline, 
regularly scheduled general election for Federal office, each State Public 
and unit of local government which administered the election shall ™o"nation. 
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". 
42 use i973fr-i 
(b) DEVELOPMENT O F STANDARDIZED FORMAT FOR R E P O R T S . — 
note. 
The Election Assistance Commission, working with the Election 
Assistance Commission Board of Advisors and the Election Assist-
ance Commission Standards Board, shall develop a standardized 
format for the reports submitted by States and units of local govern-
ment 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 BAL-
LOT APPLICATION. 
Section 104(a) of the Uniformed and Overseas Citizens Absentee 
42 use l973ff-3. 
Voting Act (42 U.S.C. 1973fF-l), 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 Fed-
eral 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 Citi-
zens Absentee Voting Act (42 U.S.C. 1973ff(b)(l)) 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. 
1973fR: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-l(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 
PUBLIC LAW 107-252—CMJT. 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 accom-
pany 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 sepa-
rate statistical analysis". 
SEC. 706. PROHIBITION OF REFUSAL 0¥ 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) sub-
mitted 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-l), as amended by the preceding 
provisions of this title, is amended by adding at the end the fol-
lowing 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 Canamission of 
Functians Under Certain Laws 
Applicability. 
42 u s e 1973ff-3 
note. 
SEC. 801. FEDERAL ELECTION CAMPAIGN ACT OF 1971. 
(a) TRANSFER OF FUNCTIONS OF OFFICE OF ELECTION ADMINIS-
TRATION OF FEDERAL ELECTION COMMISSION.—There are trans-
ferred to the Election Assistance Commissian established under 
section 201 all functions which the Office of Election Administration, 
42 u s e 15531. 
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) i
D
y striking paragraph (10) and the second and third 
sentences. 
42 use 15532. 
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". 
42 use 15533. 
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 Commis-
sion 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 sub-
section during the 1-year period beginning on the date of the 
enactment of this Act. 
42 use 15534. 
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 Assist-
ance 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 
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 
5 u s e app. 80 
note. 
SEC. 901. STATE DEFINED. 
42 USC 15541. 
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. 
42 USC 15542. 
(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 recipi- Applicability, 
ents of grants or other payments under this Act, whether 
by direct grant, cooperative agreement, or contract under this 
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 deter-
mined 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 deter-
mines 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 indi-
vidual 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 ELEC- 
42 USC 15543. 
TORAL 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 punish-
ment 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 Rep-
resentatives, 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 administra-
tive action as the Attorney General determines appropriate. 
SEC. 905. OTHER CRIMINAL PENALTIES. 
42 USC 15544. 
(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. 
42 USC15545. 
(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 applica-
tion 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 Handi-
capped Act (42 U.S.C. 1973ee et seq.). 
(3) The Uniformed and Overseas Citizens Absentee Voting 
Act (42 U.S.C. 1973fret seq.). 
(4) The National Voter Registration Act of 1993 (42 U.S.C. 
1973ggetseq.). 
(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.). 
116 STAT. 1730 
PUBLIC LAW 107-252-OCT. 29, 2002 
(b) No EFFECT ON PRECLEARANCE OR OTHER REQUIREMENTS 
UNDER VOTING RIGHTS ACT.—The approval by the Administrator 
or the Commission of a pa3^ment or grant appUcation 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. 
L E G I S L A T I V E 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.