52 U.S.C. § 20508 — Federal coordination and regulations

Page 48 TITLE 52—VOTING AND ELECTIONS § 20508 Section is comprised of section 8 of Pub. L. 103–31. Subsec. (h) of section 8 of Pub. L. 103–31 enacted section 3629 of Title 39, Postal Service, and amended sections 2401 and 3627 of Title 39. AMENDMENTS 2002—Subsec. (b)(2). Pub. L. 107–252 inserted before pe- riod at end ‘‘, except that nothing in this paragraph may be construed to prohibit a State from using the procedures described in subsections (c) and (d) to re- move an individual from the official list of eligible vot- ers if the individual— ‘‘(A) has not either notified the applicable registrar (in person or in writing) or responded during the pe- riod described in subparagraph (B) to the notice sent by the applicable registrar; and then ‘‘(B) has not voted or appeared to vote in 2 or more consecutive general elections for Federal office’’. § 20508. Federal coordination and regulations (a) In general The Election Assistance Commission— (1) in consultation with the chief election of- ficers of the States, shall prescribe such regu- lations as are necessary to carry out para- graphs (2) and (3); (2) in consultation with the chief election of- ficers of the States, shall develop a mail voter registration application form for elections for Federal office; (3) not later than June 30 of each odd-num- bered year, shall submit to the Congress a re- port assessing the impact of this chapter on the administration of elections for Federal of- fice during the preceding 2-year period and in- cluding recommendations for improvements in Federal and State procedures, forms, and other matters affected by this chapter; and (4) shall provide information to the States with respect to the responsibilities of the States under this chapter. (b) Contents of mail voter registration form The mail voter registration form developed under subsection (a)(2)— (1) may require only such identifying infor- mation (including the signature of the appli- cant) and other information (including data relating to previous registration by the appli- cant), as is necessary to enable the appro- priate State election official to assess the eli- gibility of the applicant and to administer voter registration and other parts of the elec- tion process; (2) shall include a statement that— (A) specifies each eligibility requirement (including citizenship); (B) contains an attestation that the appli- cant meets each such requirement; and (C) requires the signature of the applicant, under penalty of perjury; (3) may not include any requirement for no- tarization or other formal authentication; and (4) shall include, in print that is identical to that used in the attestation portion of the ap- plication— (i) the information required in section 20507(a)(5)(A) and (B) of this title; (ii) a statement that, if an applicant de- clines to register to vote, the fact that the applicant has declined to register will re- main confidential and will be used only for voter registration purposes; and (iii) a statement that if an applicant does register to vote, the office at which the ap- plicant submits a voter registration applica- tion will remain confidential and will be used only for voter registration purposes. (Pub. L. 103–31, § 9, May 20, 1993, 107 Stat. 87; Pub. L. 107–252, title VIII, § 802(b), Oct. 29, 2002, 116 Stat. 1726.) Editorial Notes CODIFICATION Section was formerly classified to section 1973gg–7 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2002—Subsec. (a). Pub. L. 107–252 substituted ‘‘Elec- tion Assistance Commission’’ for ‘‘Federal Election Commission’’ in introductory provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–252 effective upon appoint- ment of all members of the Election Assistance Com- mission under section 20923 of this title, see section 21134(a) of this title. § 20509. Designation of chief State election offi- cial Each State shall designate a State officer or employee as the chief State election official to be responsible for coordination of State respon- sibilities under this chapter. (Pub. L. 103–31, § 10, May 20, 1993, 107 Stat. 87.) Editorial Notes CODIFICATION Section was formerly classified to section 1973gg–8 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20510. Civil enforcement and private right of action (a) Attorney General The Attorney General may bring a civil action in an appropriate district court for such declara- tory or injunctive relief as is necessary to carry out this chapter. (b) Private right of action (1) A person who is aggrieved by a violation of this chapter may provide written notice of the violation to the chief election official of the State involved. (2) If the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the ag- grieved person may bring a civil action in an ap- propriate district court for declaratory or in- junctive relief with respect to the violation. (3) If the violation occurred within 30 days be- fore the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action under paragraph (2).