52 U.S.C. § 20944 — Membership of Board of Advisors

Page 59 TITLE 52—VOTING AND ELECTIONS § 20944 1 So in original. Probably should be ‘‘National Association of County Recorders, Election Officials and Clerks.’’ 2 So in original. Probably should be ‘‘International Association of Clerks, Recorders, Election Officials and Treasurers.’’ 3 So in original. Probably should be ‘‘Barriers’’. lect (under a process supervised by the chief election official of the State) a representative local election official from the State for pur- poses of paragraph (1)(B). In the case of the District of Columbia, Guam, and American Samoa, the chief election official shall estab- lish a procedure for selecting an individual to serve as a local election official for purposes of such paragraph, except that under such a pro- cedure the individual selected may not be a member of the same political party as the chief election official. (3) Requiring mix of political parties rep- resented The two members of the Standards Board who represent the same State may not be members of the same political party. (b) Procedures for notice and certification of ap- pointment (1) Notice to chair of Federal Election Commis- sion Not later than 90 days after October 29, 2002, the chief State election official of the State shall transmit a notice to the chair of the Fed- eral Election Commission containing— (A) the name of the State election official who agrees to serve on the Standards Board under this subchapter; and (B) the name of the representative local election official from the State selected under subsection (a)(2) who agrees to serve on the Standards Board under this sub- chapter. (2) Certification Upon receiving a notice from a State under paragraph (1), the chair of the Federal Elec- tion Commission shall publish a certification that the selected State election official and the representative local election official are appointed as members of the Standards Board under this subchapter. (3) Effect of failure to provide notice If a State does not transmit a notice to the chair of the Federal Election Commission under paragraph (1) within the deadline de- scribed in such paragraph, no representative from the State may participate in the selec- tion of the initial Executive Board under sub- section (c). (4) Role of Commission Upon the appointment of the members of the Election Assistance Commission, the Election Assistance Commission shall carry out the du- ties of the Federal Election Commission under this subsection. (c) Executive Board (1) In general Not later than 60 days after the last day on which the appointment of any of its members may be certified under subsection (b), the Standards Board shall select nine of its mem- bers to serve as the Executive Board of the Standards Board, of whom— (A) not more than five may be State elec- tion officials; (B) not more than five may be local elec- tion officials; and (C) not more than five may be members of the same political party. (2) Terms Except as provided in paragraph (3), mem- bers of the Executive Board of the Standards Board shall serve for a term of 2 years and may not serve for more than 3 consecutive terms. (3) Staggering of initial terms Of the members first selected to serve on the Executive Board of the Standards Board— (A) three shall serve for 1 term; (B) three shall serve for 2 consecutive terms; and (C) three shall serve for 3 consecutive terms, as determined by lot at the time the members are first appointed. (4) Duties In addition to any other duties assigned under this subchapter, the Executive Board of the Standards Board may carry out such du- ties of the Standards Board as the Standards Board may delegate. (Pub. L. 107–252, title II, § 213, Oct. 29, 2002, 116 Stat. 1678.) Editorial Notes CODIFICATION Section was formerly classified to section 15343 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20944. Membership of Board of Advisors (a) In general The Board of Advisors shall be composed of 37 members appointed as follows: (1) Two members appointed by the National Governors Association. (2) Two members appointed by the National Conference of State Legislatures. (3) Two members appointed by the National Association of Secretaries of State. (4) Two members appointed by the National Association of State Election Directors. (5) Two members appointed by the National Association of Counties. (6) Two members appointed by the National Association of County Recorders, Election Ad- ministrators, and Clerks.1 (7) Two members appointed by the United States Conference of Mayors. (8) Two members appointed by the Election Center. (9) Two members appointed by the Inter- national Association of County Recorders, Election Officials, and Treasurers.2 (10) Two members appointed by the United States Commission on Civil Rights. (11) Two members appointed by the Archi- tectural and Transportation Barrier 3 Compli- ance Board under section 792 of title 29. Page 60 TITLE 52—VOTING AND ELECTIONS § 20945 4 So in original. Probably means the Public Integrity Section of the Criminal Division of the Department of Justice. (12) The chief of the Office of Public Integ- rity of the Department of Justice,4 or the chief’s designee. (13) The chief of the Voting Section of the Civil Rights Division of the Department of Justice or the chief’s designee. (14) The director of the Federal Voting As- sistance Program of the Department of De- fense. (15) Four members representing profes- sionals in the field of science and technology, of whom— (A) one each shall be appointed by the Speaker and the Minority Leader of the House of Representatives; and (B) one each shall be appointed by the Ma- jority Leader and the Minority Leader of the Senate. (16) Eight members representing voter inter- ests, of whom— (A) four members shall be appointed by the Committee on House Administration of the House of Representatives, of whom two shall be appointed by the chair and two shall be appointed by the ranking minority member; and (B) four members shall be appointed by the Committee on Rules and Administration of the Senate, of whom two shall be appointed by the chair and two shall be appointed by the ranking minority member. (b) Manner of appointments Appointments shall be made to the Board of Advisors under subsection (a) in a manner which ensures that the Board of Advisors will be bipar- tisan in nature and will reflect the various geo- graphic regions of the United States. (c) Term of service; vacancy Members of the Board of Advisors shall serve for a term of 2 years, and may be reappointed. Any vacancy in the Board of Advisors shall be filled in the manner in which the original ap- pointment was made. (d) Chair The Board of Advisors shall elect a Chair from among its members. (Pub. L. 107–252, title II, § 214, Oct. 29, 2002, 116 Stat. 1680.) Editorial Notes CODIFICATION Section was formerly classified to section 15344 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20945. Powers of Boards; no compensation for service (a) Hearings and sessions (1) In general To the extent that funds are made available by the Commission, the Standards Board (act- ing through the Executive Board) and the Board of Advisors may each hold such hear- ings for the purpose of carrying out this chap- ter, sit and act at such times and places, take such testimony, and receive such evidence as each such Board considers advisable to carry out this subchapter, except that the Boards may not issue subpoenas requiring the attend- ance and testimony of witnesses or the produc- tion of any evidence. (2) Meetings The Standards Board and the Board of Advi- sors shall each hold a meeting of its mem- bers— (A) not less frequently than once every year for purposes of voting on the voluntary voting system guidelines referred to it under section 20962 of this title; (B) in the case of the Standards Board, not less frequently than once every 2 years for purposes of selecting the Executive Board; and (C) at such other times as it considers ap- propriate for purposes of conducting such other business as it considers appropriate consistent with this subchapter. (b) Information from Federal agencies The Standards Board and the Board of Advi- sors may each secure directly from any Federal department or agency such information as the Board considers necessary to carry out this chapter. Upon request of the Executive Board (in the case of the Standards Board) or the Chair (in the case of the Board of Advisors), the head of such department or agency shall furnish such information to the Board. (c) Postal services The Standards Board and the Board of Advi- sors may use the United States mails in the same manner and under the same conditions as a department or agency of the Federal Govern- ment. (d) Administrative support services Upon the request of the Executive Board (in the case of the Standards Board) or the Chair (in the case of the Board of Advisors), the Adminis- trator of the General Services Administration shall provide to the Board, on a reimbursable basis, the administrative support services that are necessary to enable the Board to carry out its duties under this subchapter. (e) No compensation for service Members of the Standards Board and members of the Board of Advisors shall not receive any compensation for their service, but shall be paid travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, while away from their homes or regular places of business in the performance of services for the Board. (Pub. L. 107–252, title II, § 215, Oct. 29, 2002, 116 Stat. 1681.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(1) and (b), was in the original ‘‘this Act’’, meaning Pub. L. 107–252, Oct. 29, 2002, 116 Stat. 1666, known as the Help America Vote Act of 2002, which is classified principally to this