52 U.S.C. § 20962 — Process for adoption

Page 62 TITLE 52—VOTING AND ELECTIONS § 20962 guideline or the contents of any guideline (or any modification to any guideline) adopted by the Commission under this chapter. (f) Publication of recommendations in Federal Register At the time the Commission adopts any vol- untary voting system guideline pursuant to sec- tion 20962 of this title, the Development Com- mittee shall cause to have published in the Fed- eral Register the recommendations it provided under this section to the Executive Director of the Commission concerning the guideline adopt- ed. (Pub. L. 107–252, title II, § 221, Oct. 29, 2002, 116 Stat. 1682.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (e)(3), 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 chap- ter. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 15361 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20962. Process for adoption (a) General requirement for notice and comment Consistent with the requirements of this sec- tion, the final adoption of the voluntary voting system guidelines (or modification of such a guideline) shall be carried out by the Commis- sion in a manner that provides for each of the following: (1) Publication of notice of the proposed guidelines in the Federal Register. (2) An opportunity for public comment on the proposed guidelines. (3) An opportunity for a public hearing on the record. (4) Publication of the final guidelines in the Federal Register. (b) Consideration of recommendations of Devel- opment Committee; submission of proposed guidelines to Board of Advisors and Stand- ards Board (1) Consideration of recommendations of De- velopment Committee In developing the voluntary voting system guidelines and modifications of such guide- lines under this section, the Executive Direc- tor of the Commission shall take into consid- eration the recommendations provided by the Technical Guidelines Development Committee under section 20961 of this title. (2) Board of Advisors The Executive Director of the Commission shall submit the guidelines proposed to be adopted under this subpart (or any modifica- tions to such guidelines) to the Board of Advi- sors. (3) Standards Board The Executive Director of the Commission shall submit the guidelines proposed to be adopted under this subpart (or any modifica- tions to such guidelines) to the Executive Board of the Standards Board, which shall re- view the guidelines (or modifications) and for- ward its recommendations to the Standards Board. (c) Review Upon receipt of voluntary voting system guidelines described in subsection (b) (or a modi- fication of such guidelines) from the Executive Director of the Commission, the Board of Advi- sors and the Standards Board shall each review and submit comments and recommendations re- garding the guideline (or modification) to the Commission. (d) Final adoption (1) In general A voluntary voting system guideline de- scribed in subsection (b) (or modification of such a guideline) shall not be considered to be finally adopted by the Commission unless the Commission votes to approve the final adop- tion of the guideline (or modification), taking into consideration the comments and rec- ommendations submitted by the Board of Ad- visors and the Standards Board under sub- section (c). (2) Minimum period for consideration of com- ments and recommendations The Commission may not vote on the final adoption of a guideline described in subsection (b) (or modification of such a guideline) until the expiration of the 90-day period which be- gins on the date the Executive Director of the Commission submits the proposed guideline (or modification) to the Board of Advisors and the Standards Board under subsection (b). (e) Special rule for initial set of guidelines Notwithstanding any other provision of this subpart, the most recent set of voting system standards adopted by the Federal Election Com- mission prior to October 29, 2002, shall be deemed to have been adopted by the Commission as of October 29, 2002, as the first set of vol- untary voting system guidelines adopted under this subpart. (Pub. L. 107–252, title II, § 222, Oct. 29, 2002, 116 Stat. 1683.) Editorial Notes CODIFICATION Section was formerly classified to section 15362 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PART B—TESTING, CERTIFICATION, DECERTIFICA- TION, AND RECERTIFICATION OF VOTING SYS- TEM HARDWARE AND SOFTWARE § 20971. Certification and testing of voting sys- tems (a) Certification and testing (1) In general The Commission shall provide for the test- ing, certification, decertification, and recer- tification of voting system hardware and soft- ware by accredited laboratories.