52 U.S.C. § 21102 — Process for adoption

Page 84 TITLE 52—VOTING AND ELECTIONS § 21101 Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title III of Pub. L. 107–252, Oct. 29, 2002, 116 Stat. 1704, which is classified prin- cipally to this subchapter. For complete classification of title III to the Code, see Tables. CODIFICATION Section was formerly classified to section 15485 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PART B—VOLUNTARY GUIDANCE § 21101. Adoption of voluntary guidance by Com- mission (a) In general To assist States in meeting the requirements of part A of this subchapter, the Commission shall adopt voluntary guidance consistent with such requirements in accordance with the proce- dures described in section 21102 of this title. (b) Deadlines The Commission shall adopt the recommenda- tions under this section not later than— (1) in the case of the recommendations with respect to section 21081 of this title, January 1, 2004; (2) in the case of the recommendations with respect to section 21082 of this title, October 1, 2003; and (3) in the case of the recommendations with respect to section 21083 of this title, October 1, 2003. (c) Quadrennial update The Commission shall review and update rec- ommendations adopted with respect to section 21081 of this title no less frequently than once every 4 years. (Pub. L. 107–252, title III, § 311, Oct. 29, 2002, 116 Stat. 1715.) Editorial Notes CODIFICATION Section was formerly classified to section 15501 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 21102. Process for adoption The adoption of the voluntary guidance under this part shall be carried out by the Commission in a manner that provides for each of the fol- lowing: (1) Publication of notice of the proposed rec- ommendations in the Federal Register. (2) An opportunity for public comment on the proposed recommendations. (3) An opportunity for a public hearing on the record. (4) Publication of the final recommendations in the Federal Register. (Pub. L. 107–252, title III, § 312, Oct. 29, 2002, 116 Stat. 1715.) Editorial Notes CODIFICATION Section was formerly classified to section 15502 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. SUBCHAPTER IV—ENFORCEMENT § 21111. Actions by the Attorney General for de- claratory and injunctive relief The Attorney General may bring a civil action against any State or jurisdiction in an appro- priate United States District Court for such de- claratory and injunctive relief (including a tem- porary restraining order, a permanent or tem- porary injunction, or other order) as may be necessary to carry out the uniform and non- discriminatory election technology and admin- istration requirements under sections 21081, 21082, 21083, and 21083a of this title. (Pub. L. 107–252, title IV, § 401, Oct. 29, 2002, 116 Stat. 1715; Pub. L. 118–106, § 2(b), Oct. 4, 2024, 138 Stat. 1593.) Editorial Notes CODIFICATION Section was formerly classified to section 15511 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2024—Pub. L. 118–106 substituted ‘‘21083, and 21083a’’ for ‘‘and 21083’’. § 21112. Establishment of State-based administra- tive complaint procedures to remedy griev- ances (a) Establishment of State-based administrative complaint procedures to remedy grievances (1) Establishment of procedures as condition of receiving funds If a State receives any payment under a pro- gram under this chapter, the State shall be re- quired to establish and maintain State-based administrative complaint procedures which meet the requirements of paragraph (2). (2) Requirements for procedures The requirements of this paragraph are as follows: (A) The procedures shall be uniform and nondiscriminatory. (B) Under the procedures, any person who believes that there is a violation of any pro- vision of subchapter III (including a viola- tion which has occurred, is occurring, or is about to occur) may file a complaint. (C) Any complaint filed under the proce- dures shall be in writing and notarized, and signed and sworn by the person filing the complaint. (D) The State may consolidate complaints filed under subparagraph (B). (E) At the request of the complainant, there shall be a hearing on the record. (F) If, under the procedures, the State de- termines that there is a violation of any pro- vision of subchapter III, the State shall pro- vide the appropriate remedy. (G) If, under the procedures, the State de- termines that there is no violation, the State shall dismiss the complaint and pub- lish the results of the procedures. (H) The State shall make a final deter- mination with respect to a complaint prior