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52 U.S.C. § 21101 — Adoption of voluntary guidance by Commission

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

52 U.S.C. § 21101 — Adoption of voluntary guidance by Commission

**(a) In general** To assist States in meeting the requirements of part A of this subchapter, the Commission shall adopt voluntary guidance consistent with such requirements in accordance with the procedures described in [section 21102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21102&num=0&edition=prelim). **(b) Deadlines** The Commission shall adopt the recommendations under this section not later than— (1) in the case of the recommendations with respect to [section 21081 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21081&num=0&edition=prelim), January 1, 2004; (2) in the case of the recommendations with respect to [section 21082 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21082&num=0&edition=prelim), October 1, 2003; and (3) in the case of the recommendations with respect to [section 21083 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21083&num=0&edition=prelim), October 1, 2003. **(c) Quadrennial update** The Commission shall review and update recommendations adopted with respect to [section 21081 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21081&num=0&edition=prelim) no less frequently than once every 4 years.

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Source file: Laws/federal/codes/united-states-code/title-52/section-21101-adoption-of-voluntary-guidance-by-commission--4e922d0eda.md
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Source location: Title 52, Chapter 209, § 21101; chapter-209-election-administration-improvement.md

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

52 U.S.C. § 21081 — 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— (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 o

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

52 U.S.C. § 21082 — Provisional voting and voting information requirements

**(a) Provisional voting requirements** If an individual declares that such individual is a registered voter in the jurisdiction in which the individual desires to vote and that the individual is eligible to vote in an election for Federal office, but the name of the individual does not appear on the official list of eligible voters for the polling place or an election official asserts that the individual is not eligible to vote, such individual shall be permitted to cast a provisional ballot as follows: (1) An election official at the polling place shall notify the individual that the individual may cast a provisional ballot in that election. (2) The individual shall be permitted to cast a provisional ballot at that polling place upon the execution of a written affirmation by the individual before an election official at the polling place stating that the individual is— (A) a registered voter in the jurisdiction in which the individual desires to vote; and (B) eligible to vote in that election. (3) An election official at the polling place shall transmit the ballot cast by the individual or the voter information contained in the written affirmation executed by the individual under paragraph (2) to an appropriate State or local election official for prompt verification under paragraph (4). (4) If the appropriate State or local election official to whom the ballot or voter information is transmitted under paragraph (3) determines that the individual is eligible under State law to vote, the individual’s provisional ballot shall be counted as a vote in that election in accordance with State law. (5) (A) At the time that an individual casts a provisional ballot, the appropriate State or local election official shall give the individual written information that

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

42 U.S.C. § 15501 — Transferred

### Statutory Notes #### Codification Section 15501 was editorially reclassified as [section 21101 of Title 52](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21101&num=0&edition=prelim), Voting and Elections.

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

52 U.S.C. § 21083 — Computerized statewide voter registration list requirements and requirements for voters who register by mail

**(a) Computerized statewide voter registration list requirements** (1) **Implementation** (A) *In general* — Except as provided in subparagraph (B), each State, acting through the chief State election official, shall implement, in a uniform and nondiscriminatory manner, a single, uniform, official, centralized, interactive computerized statewide voter registration list defined, maintained, and administered at the State level that contains the name and registration information of every legally registered voter in the State and assigns a unique identifier to each legally registered voter in the State (in this subsection referred to as the “computerized list”), and includes the following: (i) The computerized list shall serve as the single system for storing and managing the official list of registered voters throughout the State. (ii) The computerized list contains the name and registration information of every legally registered voter in the State. (iii) Under the computerized list, a unique identifier is assigned to each legally registered voter in the State. (iv) The computerized list shall be coordinated with other agency databases within the State. (v) Any election official in the State, including any local election official, may obtain immediate electronic access to the information contained in the computerized list. (vi) All voter registration information obtained by any local election official in the State shall be electronically entered into the computerized list on an expedited basis at the time the information is provided to the local official. (vii) The chief State election official shall provide such support as may be required so that local election officials are able to enter information as described in clause (vi).

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

52 U.S.C. § 21102 — Process for adoption

The adoption of the voluntary guidance under this part shall be carried out by the Commission in a manner that provides for each of the following: (1) Publication of notice of the proposed recommendations in the Federal Register. (2) An opportunity for public comment on the proposed recommendations. (3) An opportunity for a public hearing on the record. (4) Publication of the final recommendations in the Federal Register.

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

52 U.S.C. § 21101 — Adoption of voluntary guidance by Com-

Page 84 TITLE 52—VOTING AND ELECTIONS § 21101 Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title III of Pub. L. 107–252, Oct. 29, 2002, 116 Stat. 1704, which is classified prin- cipally to this subchapter. For complete classification of title III to the Code, see Tables. CODIFICATION Section was formerly classified to section 15485 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PART B—VOLUNTARY GUIDANCE § 21101. Adoption of voluntary guidance by Com- mission (a) In general To assist States in meeting the requirements of part A of this subchapter, the Commission shall adopt voluntary guidance consistent with such requirements in accordance with the proce- dures described in section 21102 of this title. (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 21081 of this title, January 1, 2004; (2) in the case of the recommendations with respect to section 21082 of this title, October 1, 2003; and (3) in the case of the recommendations with respect to section 21083 of this title, October 1, 2003. (c) Quadrennial update The Commission shall review and update rec- ommendations adopted with respect to section 21081 of this title no less frequently than once every 4 years. (Pub. L. 107–252, title III, § 311, Oct. 29, 2002, 116 Stat. 1715.) Editorial Notes CODIFICATION Section was formerly classified to section 15501 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 21102. Process for adoption The adoption of the voluntary guidance un

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