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52 U.S.C. § 20311 — Technology pilot program

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

52 U.S.C. § 20311 — Technology pilot program

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Source file: Laws/federal/codes/united-states-code/title-52/section-20311-technology-pilot-program--9c4060ed19.md
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Source location: Title 52, Chapter 203, § 20311; chapter-203-registration-and-voting-by-absent-uniformed-services-voters-and-overseas-voters-in-elections-for-federal-office.md

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**(a) Definitions** In this section: (1) **Absent uniformed services voter** — The term “absent uniformed services voter” has the meaning given such term in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act ([42 U.S.C. 1973ff–6(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1973ff–6/1&num=0&edition=prelim)) [now [52 U.S.C. 20310(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20310/1&num=0&edition=prelim)]. (2) **Overseas voter** — The term “overseas voter” has the meaning given such term in section 107(5) of such Act [[52 U.S.C. 20310(5)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20310/5&num=0&edition=prelim)]. (3) **Presidential designee** — The term “Presidential designee” means the individual designated under section 101(a) of such Act [[52 U.S.C. 20301(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20301/a&num=0&edition=prelim)]. **(b) Establishment** (1) **In general** — The Presidential designee may establish 1 or more pilot programs under which the feasibility of new election technology is tested for the benefit of absent uniformed services voters and overseas voters claiming rights under the Uniformed and Overseas Citizens Absentee Voting Act ([42 U.S.C. 1973ff](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1973ff&num=0&edition=prelim) et seq.) [now [52 U.S.C. 20301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20301&num=0&edition=prelim) et seq.]. (2) **Design and conduct** — The design and conduct of a pilot program established under this subsection— (A) shall be at the discretion of the Presidential designee; and (B) shall not conflict with or substitute for existing laws, regulations, or procedures with respect to the participation of absent uniformed services voters and military voters in elections for Federal office. **(c) Considerations** In conducting a pilot program established under subsection (b), the Presidential designee may consider the following issues: (1) The transmission of electronic voting material across military networks. (2) Virtual private networks, cryptographic voting systems, centrally controlled voting stations, and other information security techniques. (3) The transmission of ballot representations and scanned pictures in a secure manner. (4) Capturing, retaining, and comparing electronic and physical ballot representations. (5) Utilization of voting stations at military bases. (6) Document delivery and upload systems. (7) The functional effectiveness of the application or adoption of the pilot program to operational environments, taking into account environmental and logistical obstacles and State procedures. **(d) Reports** The Presidential designee shall submit to Congress reports on the progress and outcomes of any pilot program conducted under this subsection, together with recommendations— (1) for the conduct of additional pilot programs under this section; and (2) for such legislation and administrative action as the Presidential designee determines appropriate. **(e) Technical assistance** (1) **In general** — The Election Assistance Commission and the National Institute of Standards and Technology shall provide the Presidential designee with best practices or standards in accordance with electronic absentee voting guidelines established under the first sentence of section 1604(a)(2) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1277; [42 U.S.C. 1973ff](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1973ff&num=0&edition=prelim) note [now [52 U.S.C. 20301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20301&num=0&edition=prelim) note]), as amended by section 567 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 1919) to support the pilot program or programs. (2) **Report** — In the case in which the Election Assistance Commission has not established electronic absentee voting guidelines under such section 1604(a)(2), as so amended, by not later than 180 days after October 28, 2009, the Election Assistance Commission shall submit to the relevant committees of Congress a report containing the following information: (A) The reasons such guidelines have not been established as of such date. (B) A detailed timeline for the establishment of such guidelines. (C) A detailed explanation of the Commission’s actions in establishing such guidelines since October 28, 2004. (3) **Relevant committees of Congress defined** — In this subsection, the term “relevant committees of Congress” means— (A) the Committees on Appropriations, Armed Services, and Rules and Administration of the Senate; and (B) the Committees on Appropriations, Armed Services, and House Administration of the House of Representatives. **(f) Authorization of appropriations** There are authorized to be appropriated such sums as are necessary to carry out this section.

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

42 U.S.C. § 1973ff–7 — Transferred

### Statutory Notes #### Codification Section 1973ff–7 was editorially reclassified as [section 20311 of Title 52](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20311&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

Source: Supplied U.S. Code snapshot — release unconfirmed · 52 U.S.C. § 20301

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

42 U.S.C. § 1973ff — Transferred

### Statutory Notes #### Codification Section 1973ff was editorially reclassified as [section 20301 of Title 52](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20301&num=0&edition=prelim), Voting and Elections.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1973ff

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

42 U.S.C. § 1973ff — Transferred

Page 5225 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1973gg–4 § 1973ee–5. Transferred Editorial Notes CODIFICATION Section 1973ee–5 was editorially reclassified as sec- tion 20106 of Title 52, Voting and Elections. § 1973ee–6. Transferred Editorial Notes CODIFICATION Section 1973ee–6 was editorially reclassified as sec- tion 20107 of Title 52, Voting and Elections. SUBCHAPTER I–G—REGISTRATION AND VOTING BY ABSENT UNIFORMED SERV- ICES VOTERS AND OVERSEAS VOTERS IN ELECTIONS FOR FEDERAL OFFICE § 1973ff. Transferred Editorial Notes CODIFICATION Section 1973ff was editorially reclassified as section 20301 of Title 52, Voting and Elections. § 1973ff–1. Transferred Editorial Notes CODIFICATION Section 1973ff–1 was editorially reclassified as section 20302 of Title 52, Voting and Elections. § 1973ff–2. Transferred Editorial Notes CODIFICATION Section 1973ff–2 was editorially reclassified as section 20303 of Title 52, Voting and Elections. § 1973ff–2a. Transferred Editorial Notes CODIFICATION Section 1973ff–2a was editorially reclassified as sec- tion 20304 of Title 52, Voting and Elections. § 1973ff–2b. Transferred Editorial Notes CODIFICATION Section 1973ff–2b was editorially reclassified as sec- tion 20305 of Title 52, Voting and Elections. § 1973ff–3. Transferred Editorial Notes CODIFICATION Section 1973ff–3 was editorially reclassified as section 20306 of Title 52, Voting and Elections. § 1973ff–4. Transferred Editorial Notes CODIFICATION Section 1973ff–4 was editorially reclassified as section 20307 of Title 52, Voting and Elections. § 1973ff–4a. Transferred Editorial Notes CODIFICATION Section 1973ff–4a was editorially reclassified as sec- tion 20308 of Title 52, Voting and Elections. § 1973ff–5. Transferred Editorial Notes CODIFICAT

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1973ff

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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,

Source: Supplied 2024 U.S. Code historical extraction · 52 U.S.C. § 20301

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

52 U.S.C. § 20310 — Definitions

As used in this chapter, the term— (1) “absent uniformed services voter” means— (A) a member of a uniformed service on active duty who, by reason of such active duty, is absent from the place of residence where the member is otherwise qualified to vote; (B) a member of the merchant marine who, by reason of service in the merchant marine, is absent from the place of residence where the member is otherwise qualified to vote; and (C) a spouse or dependent of a member referred to in subparagraph (A) or (B) who, by reason of the active duty or service of the member, is absent from the place of residence where the spouse or dependent is otherwise qualified to vote; (2) “balloting materials” means official post card forms (prescribed under [section 20301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20301&num=0&edition=prelim)), Federal write-in absentee ballots (prescribed under [section 20303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20303&num=0&edition=prelim)), and any State balloting materials that, as determined by the Presidential designee, are essential to the carrying out of this chapter; (3) “Federal office” means the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress; (4) “member of the merchant marine” means an individual (other than a member of a uniformed service or an individual employed, enrolled, or maintained on the Great Lakes or the inland waterways)— (A) employed as an officer or crew member of a vessel documented under the laws of the United States, or a vessel owned by the United States, or a vessel of foreign-flag registry under charter to or control of the United Stat

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

52 U.S.C. § 20310 — Definitions

Page 39 TITLE 52—VOTING AND ELECTIONS § 20310 (3) A description of the utilization of the procedures for the collection and delivery of marked absentee ballots established pursuant to section 20304 of this title, which shall in- clude the number of marked absentee ballots collected and delivered under such procedures and the number of such ballots which were not delivered by the time of the closing of the polls on the date of the election (and the rea- sons such ballots were not so delivered). (c) Definitions In this section: (1) Absent overseas uniformed services voter The term ‘‘absent overseas uniformed serv- ices voter’’ has the meaning given such term in section 20304(d) of this title. (2) Presidential designee The term ‘‘Presidential designee’’ means the Presidential designee under section 20301(a) of this title. (3) Relevant committees of Congress defined The term ‘‘relevant committees of Con- gress’’ means— (A) the Committees on Appropriations, Armed Services, and Rules and Administra- tion of the Senate; and (B) the Committees on Appropriations, Armed Services, and House Administration of the House of Representatives. (Pub. L. 99–410, title I, § 105A, as added Pub. L. 111–84, div. A, title V, § 586, Oct. 28, 2009, 123 Stat. 2331; amended Pub. L. 116–283, div. A, title V, § 595, Jan. 1, 2021, 134 Stat. 3666.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a)(2)(C), is Pub. L. 99–410, Aug. 28, 1986, 100 Stat. 924, known as the Uni- formed and Overseas Citizens Absentee Voting Act, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 1973ff–4a of Title 42, The Public Health and Welfare, prior

Source: Supplied 2024 U.S. Code historical extraction · 52 U.S.C. § 20310

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

52 U.S.C. § 20311 — Technology pilot program

Page 40 TITLE 52—VOTING AND ELECTIONS § 20311 (C) a person who resides outside the United States and (but for such residence) would be qualified to vote in the last place in which the person was domiciled before leaving the United States. (6) ‘‘State’’ means a State of the United States, the District of Columbia, the Common- wealth of Puerto Rico, Guam, the Virgin Is- lands, and American Samoa; (7) ‘‘uniformed services’’ means the Army, Navy, Air Force, Marine Corps, and Coast Guard, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Admin- istration; and (8) ‘‘United States’’, where used in the terri- torial sense, means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American Samoa. (Pub. L. 99–410, title I, § 107, Aug. 28, 1986, 100 Stat. 927.) Editorial Notes CODIFICATION Section was formerly classified to section 1973ff–6 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 20311. Technology pilot program (a) Definitions In this section: (1) Absent uniformed services voter The term ‘‘absent uniformed services v

Source: Supplied 2024 U.S. Code historical extraction · 52 U.S.C. § 20311

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