52 U.S.C. § 21081 — Voting systems standards

Page 77 TITLE 52—VOTING AND ELECTIONS § 21081 (2) consist of— (A) school forums and local cable call-in shows on the national issues to be voted upon in an ‘‘issues forum’’; (B) speeches and debates before students and parents by local candidates or stand-ins for such candidates; (C) quiz team competitions, mock press conferences, and speech writing competi- tions; (D) weekly meetings to follow the course of the campaign; or (E) school and neighborhood campaigns to increase voter turnout, including news- letters, posters, telephone chains, and trans- portation. (b) Requirement The National Student and Parent Mock Elec- tion shall present awards to outstanding student and parent mock election projects. (Pub. L. 107–252, title II, § 295, Oct. 29, 2002, 116 Stat. 1703.) Editorial Notes CODIFICATION Section was formerly classified to section 15471 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 21072. Authorization of appropriations There are authorized to be appropriated to carry out the provisions of this part $200,000 for fiscal year 2003 and such sums as may be nec- essary for each of the 6 succeeding fiscal years. (Pub. L. 107–252, title II, § 296, Oct. 29, 2002, 116 Stat. 1704.) Editorial Notes CODIFICATION Section was formerly classified to section 15472 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. SUBCHAPTER III—UNIFORM AND NON- DISCRIMINATORY ELECTION TECH- NOLOGY AND ADMINISTRATION RE- QUIREMENTS PART A—REQUIREMENTS § 21081. Voting systems standards (a) Requirements Each voting system used in an election for Federal office shall meet the following require- ments: (1) In general (A) Except as provided in subparagraph (B), the voting system (including any lever voting system, optical scanning voting system, or di- rect 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 se- lected more than one candidate for a sin- gle 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 oppor- tunity to correct the ballot before the bal- lot is cast and counted. (B) A State or jurisdiction that uses a paper ballot voting system, a punch card voting sys- tem, or a central count voting system (includ- ing mail-in absentee ballots and mail-in bal- lots), may meet the requirements of subpara- graph (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 on how to correct the error through the issuance of a replacement ballot if the voter was other- wise unable to change the ballot or correct any error). (C) The voting system shall ensure that any notification required under this paragraph preserves the privacy of the voter and the con- fidentiality of the ballot. (2) Audit capacity (A) In general The voting system shall produce a record with an audit capacity for such system. (B) Manual audit capacity (i) The voting system shall produce a per- manent paper record with a manual audit capacity for such system. (ii) The voting system shall provide the voter with an opportunity to change the bal- lot or correct any error before the perma- nent paper record is produced. (iii) The paper record produced under sub- paragraph (A) shall be available as an offi- cial record for any recount conducted with respect to any election in which the system is used. (3) Accessibility for individuals with disabil- ities The voting system shall— (A) be accessible for individuals with dis- abilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including pri- vacy and independence) as for other voters; (B) satisfy the requirement of subpara- graph (A) through the use of at least one di- rect recording electronic voting system or other voting system equipped for individuals with disabilities at each polling place; and Page 78 TITLE 52—VOTING AND ELECTIONS § 21082 (C) if purchased with funds made available under subchapter II on or after January 1, 2007, meet the voting system standards for disability access (as outlined in this para- graph). (4) Alternative language accessibility The voting system shall provide alternative language accessibility pursuant to the require- ments of section 10503 of this title. (5) Error rates The error rate of the voting system in count- ing ballots (determined by taking into account only those errors which are attributable to the voting system and not attributable to an act of the voter) shall comply with the error rate standards established under section 3.2.1 of the voting systems standards issued by the Fed- eral Election Commission which are in effect on October 29, 2002. (6) Uniform definition of what constitutes a vote Each State shall adopt uniform and non- discriminatory standards that define what constitutes a vote and what will be counted as a vote for each category of voting system used in the State. (b) Voting system defined In this section, the term ‘‘voting system’’ means— (1) the total combination of mechanical, electromechanical, or electronic equipment (including the software, firmware, and docu- mentation required to program, control, and support the equipment) that is used— (A) to define ballots; (B) to cast and count votes; (C) to report or display election results; and (D) to maintain and produce any audit trail information; and (2) the practices and associated documenta- tion used— (A) to identify system components and versions of such components; (B) to test the system during its develop- ment and maintenance; (C) to maintain records of system errors and defects; (D) to determine specific system changes to be made to a system after the initial qualification of the system; and (E) to make available any materials to the voter (such as notices, instructions, forms, or paper ballots). (c) Construction (1) In general Nothing in this section shall be construed to prohibit a State or jurisdiction which used a particular type of voting system in the elec- tions for Federal office held in November 2000 from using the same type of system after the effective date of this section, so long as the system meets or is modified to meet the re- quirements of this section. (2) Protection of paper ballot voting systems For purposes of subsection (a)(1)(A)(i), the term ‘‘verify’’ may not be defined in a manner that makes it impossible for a paper ballot voting system to meet the requirements of such subsection or to be modified to meet such requirements. (d) Effective date Each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2006. (Pub. L. 107–252, title III, § 301, Oct. 29, 2002, 116 Stat. 1704.) Editorial Notes CODIFICATION Section was formerly classified to section 15481 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 21082. Provisional voting and voting informa- tion 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 indi- vidual is eligible to vote in an election for Fed- eral 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 as- serts that the individual is not eligible to vote, such individual shall be permitted to cast a pro- visional 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 indi- vidual or the voter information contained in the written affirmation executed by the indi- vidual 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 informa- tion is transmitted under paragraph (3) deter- mines that the individual is eligible under State law to vote, the individual’s provisional ballot shall be counted as a vote in that elec- tion 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 states that any indi- vidual who casts a provisional ballot will be able to ascertain under the system established under subparagraph (B) whether the vote was counted, and, if the vote was not counted, the reason that the vote was not counted. (B) The appropriate State or local election official shall establish a free access system (such as a toll-free telephone number or an Internet website) that any individual who