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 ASSISTANCE SUBPART 1—REQUIREMENTS PAYMENTS § 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 to each State which meets the conditions described in section 21003 of this title 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 re- quirements of subchapter III. (2) Other activities A State may use a requirements payment to carry out other activities to improve the ad- ministration of elections for Federal office if the State certifies to the Commission that— (A) the State has implemented the require- ments 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 sec- tion 21002(c) of this title. (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 only to meet the requirements under the Uniformed and Overseas Citizens Absentee Voting Act [52 U.S.C. 20301 et seq.] imposed as a result of the provisions of and amendments made by the Military and Overseas Voter Em- powerment Act. (c) Retroactive payments (1) In general Notwithstanding any other provision of this part, including the maintenance of effort re- quirements of section 21004(a)(7) of this title, a State may use a requirements payment as a reimbursement for costs incurred in obtaining voting equipment which meets the require- ments of section 21081 of this title 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 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 shall be increased by the amount of the payment made with respect to such multiyear contract. (d) Adoption of Commission guidelines and guid- ance not required to receive payment Nothing in this subpart may be construed to require a State to implement any of the vol- untary voting system guidelines or any of the voluntary guidance adopted by the Commission with respect to any matter as a condition for re- ceiving a requirements payment. (e) Schedule of payments As soon as practicable after the initial ap- pointment 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 re- quirements payments to States under this sub- part. (f) Limitation A State may not use any portion of a require- ments payment— Page 68 TITLE 52—VOTING AND ELECTIONS § 21002 1 So in original. Probably should be ‘‘Commission’’. (1) to pay costs associated with any litiga- tion, except to the extent that such costs oth- erwise constitute permitted uses of a require- ments payment under this subpart; or (2) for the payment of any judgment. (Pub. L. 107–252, title II, § 251, Oct. 29, 2002, 116 Stat. 1692; Pub. L. 111–84, div. A, title V, § 588(a), Oct. 28, 2009, 123 Stat. 2333.) Editorial Notes REFERENCES IN TEXT Subchapter III, referred to in subsec. (b)(1), (2)(A), was in the original ‘‘title III’’, meaning title III of Pub. L. 107–252, Oct. 29, 2002, 116 Stat. 1704, which is classified principally to subchapter III (§ 21081 et seq.) of this chapter. For complete classification of title III to the Code, see Tables. The Uniformed and Overseas Citizens Absentee Vot- ing Act, referred to in subsec. (b)(3), is Pub. L. 99–410, Aug. 28, 1986, 100 Stat. 924, which is classified prin- cipally to chapter 203 (§ 20301 et seq.) of this title. For complete classification of this Act to the Code, see Ta- bles. The Military and Overseas Voter Empowerment Act, referred to in subsec. (b)(3), is subtitle H (§§ 575–589) of title V of div. A of Pub. L. 111–84, Oct. 28, 2009, 123 Stat. 2318. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 15401 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2009—Subsec. (b)(1). Pub. L. 111–84, § 588(a)(1), sub- stituted ‘‘paragraphs (2) and (3)’’ for ‘‘paragraph (2)’’. Subsec. (b)(3). Pub. L. 111–84, § 588(a)(2), added par. (3). § 21002. Allocation of funds (a) In general Subject to subsection (c), the amount of a re- quirements payment made to a State for a year shall be equal to the product of— (1) the total amount appropriated for re- quirements payments for the year pursuant to the authorization under section 21007 of this title; 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 decen- nial 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 require- ments payments for the year under section 21007 of this title; or (2) in the case of the Commonwealth of Puer- to 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 1 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 appro- priation A requirements payment made to a State under this subpart shall be available to the State without fiscal year limitation. (Pub. L. 107–252, title II, § 252, Oct. 29, 2002, 116 Stat. 1693.) Editorial Notes CODIFICATION Section was formerly classified to section 15402 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 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 state- ment 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: ‘‘llllll 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 in- volved). (b) State plan requirement; certification of com- pliance with applicable laws and require- ments The requirements referred to in this sub- section 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 de- scribed in section 21004(a) of this title (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, 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; and (C) meets the public notice and comment requirements of section 21006 of this title. (2)(A) Subject to subparagraph (B), the State has filed with the Commission a plan for the implementation of the uniform, nondiscrim- inatory administrative complaint procedures required under section 21112 of this title (or has included such a plan in the State plan