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52 U.S.C. § 20923 — Membership and appointment

Federal law — U.S. Code and appendices · legal_authorities

52 U.S.C. § 20923 — Membership and appointment

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Stable record: federal_law:legal_authorities:record_usc_01a9aa22ee9e29b32158ffd7
Source file: Laws/federal/codes/united-states-code/title-52/section-20923-membership-and-appointment--646a0fb250.md
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Source location: Title 52, Chapter 209, § 20923; chapter-209-election-administration-improvement.md

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**(a) Membership** (1) **In general** — The Commission shall have four members appointed by the President, by and with the advice and consent of the Senate. (2) **Recommendations** — Before the initial appointment of the members of the Commission and before the appointment of any individual to fill a vacancy on the Commission, the Majority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the Senate, and the Minority Leader of the House of Representatives shall each submit to the President a candidate recommendation with respect to each vacancy on the Commission affiliated with the political party of the Member of Congress involved. (3) **Qualifications** — Each member of the Commission shall have experience with or expertise in election administration or the study of elections. (4) **Date of appointment** — The appointments of the members of the Commission shall be made not later than 120 days after October 29, 2002. **(b) Term of service** (1) **In general** — Except as provided in paragraphs (2) and (3), members shall serve for a term of 4 years and may be reappointed for not more than one additional term. (2) **Terms of initial appointees** — As designated by the President at the time of nomination, of the members first appointed— (A) two of the members (not more than one of whom may be affiliated with the same political party) shall be appointed for a term of 2 years; and (B) two of the members (not more than one of whom may be affiliated with the same political party) shall be appointed for a term of 4 years. (3) **Vacancies** (A) *In general* — A vacancy on the Commission shall be filled in the manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment. (B) *Expired terms* — A member of the Commission shall serve on the Commission after the expiration of the member’s term until the successor of such member has taken office as a member of the Commission. (C) *Unexpired terms* — An individual appointed to fill a vacancy shall be appointed for the unexpired term of the member replaced. **(c) Chair and vice chair** (1) **In general** — The Commission shall select a chair and vice chair from among its members for a term of 1 year, except that the chair and vice chair may not be affiliated with the same political party. (2) **Number of terms** — A member of the Commission may serve as the chairperson and vice chairperson for only 1 term each during the term of office to which such member is appointed. **(d) Compensation** (1) **In general** — Each member of the Commission shall be compensated at the annual rate of basic pay prescribed for level IV of the Executive Schedule under [section 5315 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5315&num=0&edition=prelim). (2) **Other activities** — No member appointed to the Commission under subsection (a) may engage in any other business, vocation, or employment while serving as a member of the Commission and shall terminate or liquidate such business, vocation, or employment before sitting as a member of the Commission.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 15323 — Transferred

### Statutory Notes #### Codification Section 15323 was editorially reclassified as [section 20923 of Title 52](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20923&num=0&edition=prelim), Voting and Elections.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5315 — Positions at level IV

Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3132 — Definitions and exclusions

**(a)** For the purpose of this subchapter— (1) “agency” means an Executive agency, except a Government corporation and the Government Accountability Office, but does not include— (A) any agency or unit thereof excluded from coverage by the President under subsection (c) of this section; or (B) the Federal Bureau of Investigation, the Drug Enforcement Administration, the Central Intelligence Agency, the Office of the Director of National Intelligence, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, Department of Defense intelligence activities the civilian employees of which are subject to [section 1590 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1590&num=0&edition=prelim), and, as determined by the President, an Executive agency, or unit thereof, whose principal function is the conduct of foreign intelligence or counterintelligence activities; (C) the Federal Election Commission or the Election Assistance Commission; (D) the Office of the Comptroller of the Currency, the Office of Thrift Supervision,,11 So in original. the Resolution Trust Corporation, the Farm Credit Administration, the Federal Housing Finance Agency, the National Credit Union Administration, the Bureau of Consumer Financial Protection, and the Office of Financial Research; (E) the Securities and Exchange Commission; or (F) the Commodity Futures Trading Commission; (2) “Senior Executive Service position” means any position in an agency which is classified above GS–15 pursuant to section 5108 or in level IV or V of the Executive Schedule, or an equivalent position, which is not required to be filled by an appointment by the President by and with the advice and consent of the Sena

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 7323 — Political activity authorized; prohibitions

**(a)** Subject to the provisions of subsection (b), an employee may take an active part in political management or in political campaigns, except an employee may not— (1) use his official authority or influence for the purpose of interfering with or affecting the result of an election; (2) knowingly solicit, accept, or receive a political contribution from any person, unless such person is— (A) a member of the same Federal labor organization as defined under [section 7103(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7103/4&num=0&edition=prelim) or a Federal employee organization which as of the date of enactment of the Hatch Act Reform Amendments of 1993 had a multicandidate political committee (as defined under section 315(a)(4) of the Federal Election Campaign Act of 1971 ([2 U.S.C. 441a(a)(4)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section441a/a/4&num=0&edition=prelim))); 11 See References in Text note below. (B) not a subordinate employee; and (C) the solicitation is for a contribution to the multicandidate political committee (as defined under section 315(a)(4) of the Federal Election Campaign Act of 1971 ([2 U.S.C. 441a(a)(4)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section441a/a/4&num=0&edition=prelim))) 1 of such Federal labor organization as defined under [section 7103(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7103/4&num=0&edition=prelim) or a Federal employee organization which as of the date of the enactment of the Hatch Act Reform Amendments of 1993 had a multicandidate political committee (as defined under section 315(a)(4) of the Federal Election Campaign Act of 1971 ([2 U.S.C. 441a(a)(4)](h

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Federal law — U.S. Code and appendices · legal_authorities

52 U.S.C. § 20508 — Federal coordination and regulations

**(a) In general** The Election Assistance Commission— (1) in consultation with the chief election officers of the States, shall prescribe such regulations as are necessary to carry out paragraphs (2) and (3); (2) in consultation with the chief election officers of the States, shall develop a mail voter registration application form for elections for Federal office; (3) not later than June 30 of each odd-numbered year, shall submit to the Congress a report assessing the impact of this chapter on the administration of elections for Federal office during the preceding 2-year period and including recommendations for improvements in Federal and State procedures, forms, and other matters affected by this chapter; and (4) shall provide information to the States with respect to the responsibilities of the States under this chapter. **(b) Contents of mail voter registration form** The mail voter registration form developed under subsection (a)(2)— (1) may require only such identifying information (including the signature of the applicant) and other information (including data relating to previous registration by the applicant), as is necessary to enable the appropriate State election official to assess the eligibility of the applicant and to administer voter registration and other parts of the election process; (2) shall include a statement that— (A) specifies each eligibility requirement (including citizenship); (B) contains an attestation that the applicant meets each such requirement; and (C) requires the signature of the applicant, under penalty of perjury; (3) may not include any requirement for notarization or other formal authentication; and (4) shall include, in print that is identical to that used in the attestation portion of the application— (i)

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Federal law — U.S. Code and appendices · legal_authorities

52 U.S.C. § 21134 — Effective date; transition

**(a) Effective date** This subchapter and the amendments made by this subchapter shall take effect upon the appointment of all members of the Election Assistance Commission under [section 20923 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20923&num=0&edition=prelim). **(b) Transition** With the consent of the entity involved, the Election Assistance Commission is authorized to utilize the services of such officers, employees, and other personnel of the entities from which functions have been transferred to the Election Assistance Commission under this subchapter or the amendments made by this subchapter for such period of time as may reasonably be needed to facilitate the orderly transfer of such functions. **(c) No effect on authorities of Office of Election Administration prior to appointment of members of Commission** During the period which begins on October 29, 2002, and ends on the effective date described in subsection (a), the Office of Election Administration of the Federal Election Commission shall continue to have the authority to carry out any of the functions (including the development of voluntary standards for voting systems and procedures for the certification of voting systems) which it has the authority to carry out as of October 29, 2002.

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Federal law — U.S. Code and appendices · legal_authorities

52 U.S.C. § 30111 — Administrative provisions

**(a) Duties of Commission** The Commission shall— (1) prescribe forms necessary to implement this Act; (2) prepare, publish, and furnish to all persons required to file reports and statements under this Act a manual recommending uniform methods of bookkeeping and reporting; (3) develop a filing, coding, and cross-indexing system consistent with the purposes of this Act; (4) within 48 hours after the time of the receipt by the Commission of reports and statements filed with it, make them available for public inspection, and copying, at the expense of the person requesting such copying, except that any information copied from such reports or statements may not be sold or used by any person for the purpose of soliciting contributions or for commercial purposes, other than using the name and address of any political committee to solicit contributions from such committee. A political committee may submit 10 pseudonyms on each report filed in order to protect against the illegal use of names and addresses of contributors, provided such committee attaches a list of such pseudonyms to the appropriate report. The Secretary or the Commission shall exclude these lists from the public record; (5) keep such designations, reports, and statements for a period of 10 years from the date of receipt, except that designations, reports, and statements that relate solely to candidates for the House of Representatives shall be kept for 5 years from the date of their receipt; (6) (A) compile and maintain a cumulative index of designations, reports, and statements filed under this Act, which index shall be published at regular intervals and made available for purchase directly or by mail; (B) compile, maintain, and revise a separate cumulative index of reports and statements filed

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Federal law — U.S. Code and appendices · legal_authorities

52 U.S.C. § 20923 — Membership and appointment

Page 55 TITLE 52—VOTING AND ELECTIONS § 20923 (hereafter in this subchapter referred to as the ‘‘Commission’’), consisting of the members ap- pointed under this subpart. Additionally, there is established the Election Assistance Commis- sion Standards Board (including the Executive Board of such Board) and the Election Assist- ance Commission Board of Advisors under sub- part 2 of this part (hereafter in this subpart re- ferred to as the ‘‘Standards Board’’ and the ‘‘Board of Advisors’’, respectively) and the Tech- nical Guidelines Development Committee under subpart 3 of this part. (Pub. L. 107–252, title II, § 201, Oct. 29, 2002, 116 Stat. 1673.) Editorial Notes CODIFICATION Section was formerly classified to section 15321 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20922. Duties The Commission shall serve as a national clearinghouse and resource for the compilation of information and review of procedures with re- spect to the administration of Federal elections by— (1) carrying out the duties described in sub- part 3 of this part (relating to the adoption of voluntary voting system guidelines), including the maintenance of a clearinghouse of infor- mation on the experiences of State and local governments in implementing the guidelines and in operating voting systems in general; (2) carrying out the duties described in part B of this subchapter (relating to the testing, certification, decertification, and recertifi- cation of voting system hardware and soft- ware); (3) carrying out the duties described in part C of this subchapter (relating to conducting studies and carrying out other activities to promote the effective administration of Fed- eral elections); (4) carryi

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