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52 U.S.C. § 21112 — Establishment of State-based administrative complaint procedures to remedy grievances

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

52 U.S.C. § 21112 — Establishment of State-based administrative complaint procedures to remedy grievances

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Source file: Laws/federal/codes/united-states-code/title-52/section-21112-establishment-of-state-based-administrative-complaint-procedures-to-reme--9f222c14d0.md
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Source location: Title 52, Chapter 209, § 21112; chapter-209-election-administration-improvement.md

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**(a) Establishment of State-based administrative complaint procedures to remedy grievances** (1) **Establishment of procedures as condition of receiving funds** — If a State receives any payment under a program under this chapter, 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 nondiscriminatory. (B) Under the procedures, any person who believes that there is a violation of any provision of subchapter 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 subchapter 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 complaint and publish the results of the procedures. (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. (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 procedures 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 dispute resolution procedures. **(b) Requiring Attorney General approval of compliance plan for States not receiving funds** (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 chapter; or (B) to submit a compliance plan to the Attorney General which provides detailed information on the steps the State will take to ensure that it meets the requirements of subchapter 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 subchapter III if the Attorney General has not approved a compliance plan submitted 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 chapter of its intent to participate in, and receive funds under, the program.

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

42 U.S.C. § 15512 — Transferred

### Statutory Notes #### Codification Section 15512 was editorially reclassified as [section 21112 of Title 52](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21112&num=0&edition=prelim), Voting and Elections.

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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

52 U.S.C. § 21004 — 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 subchapter III, and, if applicable under [section 21001(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21001/a/2&num=0&edition=prelim), to carry out other activities to improve the administration of elections. (2) How the State will distribute and monitor the distribution 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 payment is distributed, consistent with the performance goals and measures adopted under paragraph (8). (3) How the State will provide for programs for voter education, election official education and training, and poll worker training which will assist the State in meeting the requirements of subchapter III. (4) How the State will adopt voting system guidelines and processes which are consistent with the requirements of [section 21081 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section21081&num=0&edition=prelim). (5) How the State will establish a fund described in subsection (b) for purposes of administering the State’s activities under this subpart, including information on fund management. (6) The State’s proposed budget for activities under this subpart, based on the State’s best estimates of the costs of such activities and the amount of funds t

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

52 U.S.C. § 21112 — Establishment of State-based administra-

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

Source: Supplied 2024 U.S. Code historical extraction · 52 U.S.C. § 21112

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