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52 U.S.C. § 21001 — Requirements payments

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

52 U.S.C. § 21001 — Requirements payments

**(a) In general** The Commission shall make a requirements payment each year in an amount determined under [section 21002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21002&num=0&edition=prelim) to each State which meets the conditions described in [section 21003 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21003&num=0&edition=prelim) for the year. **(b) Use of funds** (1) **In general** — Except as provided in paragraphs (2) and (3), a State receiving a requirements payment shall use the payment only to meet the requirements of subchapter III. (2) **Other activities** — A State may use a requirements payment to carry out other activities to improve the administration of elections for Federal office if the State certifies to the Commission that— (A) the State has implemented the requirements of subchapter 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 21002(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21002/c&num=0&edition=prelim). (3) **Activities under Uniformed and Overseas Citizens Absentee Voting Act** — A State shall use a requirements payment made using funds appropriated pursuant to the authorization under [section 21007(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21007/a/4&num=0&edition=prelim) only to meet the requirements under the Uniformed and Overseas Citizens Absentee Voting Act [[52 U.S.C. 20301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20301&num=0&edition=prelim) et seq.] imposed as a result of t

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Stable record: federal_law:legal_authorities:record_usc_2e54502c6ea5fd03c892b218
Source file: Laws/federal/codes/united-states-code/title-52/section-21001-requirements-payments--100eefa5f2.md
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Source location: Title 52, Chapter 209, § 21001; chapter-209-election-administration-improvement.md

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**(a) In general** The Commission shall make a requirements payment each year in an amount determined under [section 21002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21002&num=0&edition=prelim) to each State which meets the conditions described in [section 21003 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21003&num=0&edition=prelim) for the year. **(b) Use of funds** (1) **In general** — Except as provided in paragraphs (2) and (3), a State receiving a requirements payment shall use the payment only to meet the requirements of subchapter III. (2) **Other activities** — A State may use a requirements payment to carry out other activities to improve the administration of elections for Federal office if the State certifies to the Commission that— (A) the State has implemented the requirements of subchapter 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 21002(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21002/c&num=0&edition=prelim). (3) **Activities under Uniformed and Overseas Citizens Absentee Voting Act** — A State shall use a requirements payment made using funds appropriated pursuant to the authorization under [section 21007(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21007/a/4&num=0&edition=prelim) only to meet the requirements under the Uniformed and Overseas Citizens Absentee Voting Act [[52 U.S.C. 20301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20301&num=0&edition=prelim) et seq.] imposed as a result of the provisions of and amendments made by the Military and Overseas Voter Empowerment Act. **(c) Retroactive payments** (1) **In general** — Notwithstanding any other provision of this part, including the maintenance of effort requirements of [section 21004(a)(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21004/a/7&num=0&edition=prelim), a State may use a requirements payment as a reimbursement for costs incurred in obtaining voting equipment which meets the requirements of [section 21081 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21081&num=0&edition=prelim) 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 21081 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21081&num=0&edition=prelim) 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 21004(a)(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21004/a/7&num=0&edition=prelim) 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 subpart 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 subpart. **(f) Limitation** A State may not use any portion of a requirements payment— (1) to pay costs associated with any litigation, except to the extent that such costs otherwise constitute permitted uses of a requirements payment under this subpart; or (2) for the payment of any judgment.

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 52 U.S.C. § 21081

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

52 U.S.C. § 21002 — Allocation of funds

**(a) In general** Subject to subsection (c), the amount of a requirements payment made to a State for a year shall be equal to the product of— (1) the total amount appropriated for requirements payments for the year pursuant to the authorization under [section 21007 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21007&num=0&edition=prelim); and (2) the State allocation percentage for the State (as determined under subsection (b)). **(b) State allocation percentage defined** The “State allocation percentage” for a State is the amount (expressed as a percentage) equal to the quotient of— (1) the voting age population of the State (as reported in the most recent decennial census); and (2) the total voting age population of all States (as reported in the most recent decennial census). **(c) Minimum amount of payment** The amount of a requirements payment made to a State for a year may not be less than— (1) in the case of any of the several States or the District of Columbia, one-half of 1 percent of the total amount appropriated for requirements payments for the year under [section 21007 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21007&num=0&edition=prelim); 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 11 So in original. Probably should be “Commission”. shall make such pro rata reductions to the allocations determined under subsection (a) as are necessary to comply with the requirements of subsection (c). **(e) Continuing availability of funds after appropriation** A requirements payment made to a State under this s

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

52 U.S.C. § 21003 — Condition for receipt of funds

**(a) In general** A State is eligible to receive a requirements payment for a fiscal year if the chief executive officer of the State, or designee, in consultation and coordination with the chief State election official, has filed with the Commission a statement certifying that the State is in compliance with the requirements referred to in subsection (b). A State may meet the requirement of the previous sentence by filing with the Commission a statement which reads as follows: “______ hereby certifies that it is in compliance with the requirements referred to in section 253(b) of the Help America Vote Act of 2002.” (with the blank to be filled in with the name of the State involved). **(b) State plan requirement; certification of compliance with applicable laws and requirements** The requirements referred to in this subsection are as follows: (1) The State has filed with the Commission a State plan covering the fiscal year which the State certifies— (A) contains each of the elements described in [section 21004(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21004/a&num=0&edition=prelim) (or, for purposes of determining the eligibility of a State to receive a requirements payment appropriated pursuant to the authorization provided under [section 21007(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21007/a/4&num=0&edition=prelim), contains the element described in paragraph (14) of such section) with respect to the fiscal year; (B) is developed in accordance with [section 21005 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21005&num=0&edition=prelim); and (C) meets the public notice and comment requirements of [section 2

Source: Supplied U.S. Code snapshot — release unconfirmed · 52 U.S.C. § 21003

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

42 U.S.C. § 15401 — Transferred

### Statutory Notes #### Codification Section 15401 was editorially reclassified as [section 21001 of Title 52](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21001&num=0&edition=prelim), Voting and Elections.

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

52 U.S.C. § 20301 — Federal responsibilities

**(a) Presidential designee** The President shall designate the head of an executive department to have primary responsibility for Federal functions under this chapter. **(b) Duties of Presidential designee** The Presidential designee shall— (1) consult State and local election officials in carrying out this chapter, and ensure that such officials are aware of the requirements of this Act; (2) prescribe an official post card form, containing both an absentee voter registration application and an absentee ballot application, for use by the States as required under [section 20302(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20302/a/4&num=0&edition=prelim); (3) carry out [section 20303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20303&num=0&edition=prelim) with respect to the Federal write-in absentee ballot for absent uniformed services voters and overseas voters in general elections for Federal office; (4) prescribe a suggested design for absentee ballot mailing envelopes; (5) compile and distribute (A) descriptive material on State absentee registration and voting procedures, and (B) to the extent practicable, facts relating to specific elections, including dates, offices involved, and the text of ballot questions; (6) not later than the end of each year after a Presidential election year, transmit to the President and the Congress a report on the effectiveness of assistance under this chapter, including a statistical analysis of uniformed services voter participation, a separate statistical analysis of overseas nonmilitary participation, and a description of State-Federal cooperation; (7) prescribe a standard oath for use with any document under this chapter affir

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

52 U.S.C. § 21142 — Audits and repayment of funds

**(a) Recordkeeping requirement** Each recipient of a grant or other payment made under this chapter 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 (4), each office making a grant or other payment under this chapter, or any duly authorized representative of such office, may audit or examine any recipient of the grant or payment and shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient which in the opinion of the entity may be related or pertinent to the grant or payment. (2) **Recipients of assistance subject to provisions of section** — The provisions of this section shall apply to all recipients of grants or other payments under this chapter, whether by direct grant, cooperative agreement, or contract under this chapter or by subgrant or subcontract from primary grantees or contractors under this chapter. (3) **Special rule for payments by General Services Administration** — With respect to any grant or payment made under this chapter 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. (4) **Special rule** — In the case of grants or payments made under [section 21001 of this title](https://uscode.house.gov

Source: Supplied U.S. Code snapshot — release unconfirmed · 52 U.S.C. § 21142

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

52 U.S.C. § 20301 — Federal responsibilities

Page 28 TITLE 52—VOTING AND ELECTIONS § 20105 1 So in original. Probably should be ‘‘possession’’. § 20105. Enforcement (a) Action for declaratory or injunctive relief If a State or political subdivision does not comply with this chapter, the United States At- torney General or a person who is personally ag- grieved by the noncompliance may bring an ac- tion for declaratory or injunctive relief in the appropriate district court. (b) Prerequisite notice of noncompliance An action may be brought under this section only if the plaintiff notifies the chief election officer of the State of the noncompliance and a period of 45 days has elapsed since the date of notification. (c) Attorney fees Notwithstanding any other provision of law, no award of attorney fees may be made with re- spect to an action under this section, except in any action brought to enforce the original judg- ment of the court. (Pub. L. 98–435, § 6, Sept. 28, 1984, 98 Stat. 1679.) Editorial Notes CODIFICATION Section was formerly classified to section 1973ee–4 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to elections taking place after Dec. 31, 1985, see section 9 of Pub. L. 98–435, set out as a note under section 20101 of this title. § 20106. Relationship to Voting Rights Act of 1965 This chapter shall not be construed to impair any right guaranteed by the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) [now 52 U.S.C. 10301 et seq.]. (Pub. L. 98–435, § 7, Sept. 28, 1984, 98 Stat. 1679.) Editorial Notes REFERENCES IN TEXT The Voting Rights Act of 1965, referred to in text, is Pub. L. 89–110, Aug. 6, 1965, 79 Stat. 437,

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

52 U.S.C. § 21001 — Requirements payments

Page 67 TITLE 52—VOTING AND ELECTIONS § 21001 istrative action as the Commission determines appropriate. (2) Costs The report submitted under paragraph (1) shall contain an estimate of the costs of estab- lishing the program described in subsection (a)(1). (3) Implementation The report submitted under paragraph (1) shall contain an analysis of the feasibility of implementing the program described in sub- section (a)(1) with respect to the absentee bal- lots to be submitted in the general election for Federal office held in 2004. (4) Recommendations regarding the elderly and disabled The report submitted under paragraph (1) shall— (A) include recommendations on ways that program described in subsection (a)(1) would target elderly individuals and individuals with disabilities; and (B) identify methods to increase the num- ber of such individuals who vote in elections for Federal office. (c) Postal Service defined The term ‘‘Postal Service’’ means the United States Postal Service established under section 201 of title 39. (Pub. L. 107–252, title II, § 246, Oct. 29, 2002, 116 Stat. 1691.) Editorial Notes CODIFICATION Section was formerly classified to section 15386 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20987. Consultation with Standards Board and Board of Advisors The Commission shall carry out its duties under this part in consultation with the Stand- ards Board and the Board of Advisors. (Pub. L. 107–252, title II, § 247, Oct. 29, 2002, 116 Stat. 1692.) Editorial Notes CODIFICATION Section was formerly classified to section 15387 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PART D—ELECTION

Source: Supplied 2024 U.S. Code historical extraction · 52 U.S.C. § 21001

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