52 U.S.C. § 20981 — Periodic studies of election administra-

Page 63 TITLE 52—VOTING AND ELECTIONS § 20981 (2) Optional use by States At the option of a State, the State may pro- vide for the testing, certification, decertifica- tion, or recertification of its voting system hardware and software by the laboratories ac- credited by the Commission under this sec- tion. (b) Laboratory accreditation (1) Recommendations by National Institute of Standards and Technology Not later than 6 months after the Commis- sion first adopts voluntary voting system guidelines under subpart 3 of part A of this subchapter, the Director of the National Insti- tute of Standards and Technology shall con- duct an evaluation of independent, non-Fed- eral laboratories and shall submit to the Com- mission a list of those laboratories the Direc- tor proposes to be accredited to carry out the testing, certification, decertification, and re- certification provided for under this section. (2) Approval by Commission (A) In general The Commission shall vote on the accredi- tation of any laboratory under this section, taking into consideration the list submitted under paragraph (1), and no laboratory may be accredited for purposes of this section un- less its accreditation is approved by a vote of the Commission. (B) Accreditation of laboratories not on Di- rector list The Commission shall publish an expla- nation for the accreditation of any labora- tory not included on the list submitted by the Director of the National Institute of Standards and Technology under paragraph (1). (c) Continuing review by National Institute of Standards and Technology (1) In general In cooperation with the Commission and in consultation with the Standards Board and the Board of Advisors, the Director of the Na- tional Institute of Standards and Technology shall monitor and review, on an ongoing basis, the performance of the laboratories accredited by the Commission under this section, and shall make such recommendations to the Com- mission as it considers appropriate with re- spect to the continuing accreditation of such laboratories, including recommendations to revoke the accreditation of any such labora- tory. (2) Approval by Commission required for rev- ocation The accreditation of a laboratory for pur- poses of this section may not be revoked un- less the revocation is approved by a vote of the Commission. (d) Transition Until such time as the Commission provides for the testing, certification, decertification, and recertification of voting system hardware and software by accredited laboratories under this section, the accreditation of laboratories and the procedure for the testing, certification, decertification, and recertification of voting system hardware and software used as of Octo- ber 29, 2002, shall remain in effect. (Pub. L. 107–252, title II, § 231, Oct. 29, 2002, 116 Stat. 1684.) Editorial Notes CODIFICATION Section was formerly classified to section 15371 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PART C—STUDIES AND OTHER ACTIVITIES TO PROMOTE EFFECTIVE ADMINISTRATION OF FED- ERAL ELECTIONS § 20981. Periodic studies of election administra- tion issues (a) In general On such periodic basis as the Commission may determine, the Commission shall conduct and make available to the public studies regarding the election administration issues described in subsection (b), with the goal of promoting meth- ods of voting and administering elections which— (1) will be the most convenient, accessible, and easy to use for voters, including members of the uniformed services and overseas voters, individuals with disabilities, including the blind and visually impaired, and voters with limited proficiency in the English language; (2) will yield the most accurate, secure, and expeditious system for voting and tabulating election results; (3) will be nondiscriminatory and afford each registered and eligible voter an equal oppor- tunity to vote and to have that vote counted; and (4) will be efficient and cost-effective for use. (b) Election administration issues described For purposes of subsection (a), the election ad- ministration issues described in this subsection are as follows: (1) Methods and mechanisms of election technology and voting systems used in voting and counting votes in elections for Federal of- fice, including the over-vote and under-vote notification capabilities of such technology and systems. (2) Ballot designs for elections for Federal office. (3) Methods of voter registration, maintain- ing secure and accurate lists of registered vot- ers (including the establishment of a central- ized, interactive, statewide voter registration list linked to relevant agencies and all polling sites), and ensuring that registered voters ap- pear on the voter registration list at the ap- propriate polling site. (4) Methods of conducting provisional vot- ing. (5) Methods of ensuring the accessibility of voting, registration, polling places, and voting equipment to all voters, including individuals with disabilities (including the blind and vis- ually impaired), Native American or Alaska Native citizens, and voters with limited pro- ficiency in the English language. Page 64 TITLE 52—VOTING AND ELECTIONS § 20982 (6) Nationwide statistics and methods of identifying, deterring, and investigating vot- ing fraud in elections for Federal office. (7) Identifying, deterring, and investigating methods of voter intimidation. (8) Methods of recruiting, training, and im- proving the performance of poll workers. (9) Methods of educating voters about the process of registering to vote and voting, the operation of voting mechanisms, the location of polling places, and all other aspects of par- ticipating in elections. (10) The feasibility and advisability of con- ducting elections for Federal office on dif- ferent days, at different places, and during dif- ferent hours, including the advisability of es- tablishing a uniform poll closing time and es- tablishing— (A) a legal public holiday under section 6103 of title 5 as the date on which general elections for Federal office are held; (B) the Tuesday next after the 1st Monday in November, in every even numbered year, as a legal public holiday under such section; (C) a date other than the Tuesday next after the 1st Monday in November, in every even numbered year as the date on which general elections for Federal office are held; and (D) any date described in subparagraph (C) as a legal public holiday under such section. (11) Federal and State laws governing the eligibility of persons to vote. (12) Ways that the Federal Government can best assist State and local authorities to im- prove the administration of elections for Fed- eral office and what levels of funding would be necessary to provide such assistance. (13)(A) The laws and procedures used by each State that govern— (i) recounts of ballots cast in elections for Federal office; (ii) contests of determinations regarding whether votes are counted in such elections; and (iii) standards that define what will con- stitute a vote on each type of voting equip- ment used in the State to conduct elections for Federal office. (B) The best practices (as identified by the Commission) that are used by States with re- spect to the recounts and contests described in clause (i). (C) Whether or not there is a need for more consistency among State recount and contest procedures used with respect to elections for Federal office. (14) The technical feasibility of providing voting materials in eight or more languages for voters who speak those languages and who have limited English proficiency. (15) Matters particularly relevant to voting and administering elections in rural and urban areas. (16) Methods of voter registration for mem- bers of the uniformed services and overseas voters, and methods of ensuring that such vot- ers receive timely ballots that will be properly and expeditiously handled and counted. (17) The best methods for establishing voting system performance benchmarks, expressed as a percentage of residual vote in the Federal contest at the top of the ballot. (18) Broadcasting practices that may result in the broadcast of false information con- cerning the location or time of operation of a polling place. (19) Such other matters as the Commission determines are appropriate. (c) Reports The Commission shall submit to the President and to the Committee on House Administration of the House of Representatives and the Com- mittee on Rules and Administration of the Sen- ate a report on each study conducted under sub- section (a) together with such recommendations for administrative and legislative action as the Commission determines is appropriate. (Pub. L. 107–252, title II, § 241, Oct. 29, 2002, 116 Stat. 1686.) Editorial Notes CODIFICATION Section was formerly classified to section 15381 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries ELECTION DATA COLLECTION GRANTS Pub. L. 110–161, div. D, title V, § 501, Dec. 26, 2007, 121 Stat. 1997, required the Election Assistance Commis- sion to establish an election data collection grant pro- gram. § 20982. Study, report, and recommendations on best practices for facilitating military and overseas voting (a) Study (1) In general The Commission, in consultation with the Secretary of Defense, shall conduct a study on the best practices for facilitating voting by absent uniformed services voters (as defined in section 20310(1) of this title) and overseas vot- ers (as defined in section 20310(5) of this title). (2) Issues considered In conducting the study under paragraph (1) the Commission shall consider the following issues: (A) The rights of residence of uniformed services voters absent due to military or- ders. (B) The rights of absent uniformed services voters and overseas voters to register to vote and cast absentee ballots, including the right of such voters to cast a secret ballot. (C) The rights of absent uniformed services voters and overseas voters to submit absen- tee ballot applications early during an elec- tion year. (D) The appropriate preelection deadline for mailing absentee ballots to absent uni- formed services voters and overseas voters. (E) The appropriate minimum period be- tween the mailing of absentee ballots to ab- sent uniformed services voters and overseas voters and the deadline for receipt of such ballots.