52 U.S.C. § 21082 — Provisional voting and voting informa-

Page 78 TITLE 52—VOTING AND ELECTIONS § 21082 (C) if purchased with funds made available under subchapter II on or after January 1, 2007, meet the voting system standards for disability access (as outlined in this para- graph). (4) Alternative language accessibility The voting system shall provide alternative language accessibility pursuant to the require- ments of section 10503 of this title. (5) Error rates The error rate of the voting system in count- ing ballots (determined by taking into account only those errors which are attributable to the voting system and not attributable to an act of the voter) shall comply with the error rate standards established under section 3.2.1 of the voting systems standards issued by the Fed- eral Election Commission which are in effect on October 29, 2002. (6) Uniform definition of what constitutes a vote Each State shall adopt uniform and non- discriminatory standards that define what constitutes a vote and what will be counted as a vote for each category of voting system used in the State. (b) Voting system defined In this section, the term ‘‘voting system’’ means— (1) the total combination of mechanical, electromechanical, or electronic equipment (including the software, firmware, and docu- mentation required to program, control, and support the equipment) that is used— (A) to define ballots; (B) to cast and count votes; (C) to report or display election results; and (D) to maintain and produce any audit trail information; and (2) the practices and associated documenta- tion used— (A) to identify system components and versions of such components; (B) to test the system during its develop- ment and maintenance; (C) to maintain records of system errors and defects; (D) to determine specific system changes to be made to a system after the initial qualification of the system; and (E) to make available any materials to the voter (such as notices, instructions, forms, or paper ballots). (c) Construction (1) In general Nothing in this section shall be construed to prohibit a State or jurisdiction which used a particular type of voting system in the elec- tions for Federal office held in November 2000 from using the same type of system after the effective date of this section, so long as the system meets or is modified to meet the re- quirements of this section. (2) Protection of paper ballot voting systems For purposes of subsection (a)(1)(A)(i), the term ‘‘verify’’ may not be defined in a manner that makes it impossible for a paper ballot voting system to meet the requirements of such subsection or to be modified to meet such requirements. (d) Effective date Each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2006. (Pub. L. 107–252, title III, § 301, Oct. 29, 2002, 116 Stat. 1704.) Editorial Notes CODIFICATION Section was formerly classified to section 15481 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 21082. Provisional voting and voting informa- tion requirements (a) Provisional voting requirements If an individual declares that such individual is a registered voter in the jurisdiction in which the individual desires to vote and that the indi- vidual is eligible to vote in an election for Fed- eral office, but the name of the individual does not appear on the official list of eligible voters for the polling place or an election official as- serts that the individual is not eligible to vote, such individual shall be permitted to cast a pro- visional ballot as follows: (1) An election official at the polling place shall notify the individual that the individual may cast a provisional ballot in that election. (2) The individual shall be permitted to cast a provisional ballot at that polling place upon the execution of a written affirmation by the individual before an election official at the polling place stating that the individual is— (A) a registered voter in the jurisdiction in which the individual desires to vote; and (B) eligible to vote in that election. (3) An election official at the polling place shall transmit the ballot cast by the indi- vidual or the voter information contained in the written affirmation executed by the indi- vidual under paragraph (2) to an appropriate State or local election official for prompt verification under paragraph (4). (4) If the appropriate State or local election official to whom the ballot or voter informa- tion is transmitted under paragraph (3) deter- mines that the individual is eligible under State law to vote, the individual’s provisional ballot shall be counted as a vote in that elec- tion in accordance with State law. (5)(A) At the time that an individual casts a provisional ballot, the appropriate State or local election official shall give the individual written information that states that any indi- vidual who casts a provisional ballot will be able to ascertain under the system established under subparagraph (B) whether the vote was counted, and, if the vote was not counted, the reason that the vote was not counted. (B) The appropriate State or local election official shall establish a free access system (such as a toll-free telephone number or an Internet website) that any individual who Page 79 TITLE 52—VOTING AND ELECTIONS § 21083 casts a provisional ballot may access to dis- cover whether the vote of that individual was counted, and, if the vote was not counted, the reason that the vote was not counted. States described in section 20503(b) of this title may meet the requirements of this subsection using voter registration procedures established under applicable State law. The appropriate State or local official shall establish and main- tain reasonable procedures necessary to protect the security, confidentiality, and integrity of personal information collected, stored, or other- wise used by the free access system established under paragraph (5)(B). Access to information about an individual provisional ballot shall be restricted to the individual who cast the ballot. (b) Voting information requirements (1) Public posting on election day The appropriate State or local election offi- cial shall cause voting information to be pub- licly posted at each polling place on the day of each election for Federal office. (2) Voting information defined In this section, the term ‘‘voting informa- tion’’ means— (A) a sample version of the ballot that will be used for that election; (B) information regarding the date of the election and the hours during which polling places will be open; (C) instructions on how to vote, including how to cast a vote and how to cast a provi- sional ballot; (D) instructions for mail-in registrants and first-time voters under section 21083(b) of this title; (E) general information on voting rights under applicable Federal and State laws, in- cluding information on the right of an indi- vidual to cast a provisional ballot and in- structions on how to contact the appropriate officials if these rights are alleged to have been violated; and (F) general information on Federal and State laws regarding prohibitions on acts of fraud and misrepresentation. (c) Voters who vote after the polls close Any individual who votes in an election for Federal office as a result of a Federal or State court order or any other order extending the time established for closing the polls by a State law in effect 10 days before the date of that elec- tion may only vote in that election by casting a provisional ballot under subsection (a). Any such ballot cast under the preceding sentence shall be separated and held apart from other provisional ballots cast by those not affected by the order. (d) Effective date for provisional voting and vot- ing information Each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2004. (Pub. L. 107–252, title III, § 302, Oct. 29, 2002, 116 Stat. 1706.) Editorial Notes CODIFICATION Section was formerly classified to section 15482 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 21083. Computerized statewide voter registra- tion list requirements and requirements for voters who register by mail (a) Computerized statewide voter registration list requirements (1) Implementation (A) In general Except as provided in subparagraph (B), each State, acting through the chief State election official, shall implement, in a uni- form and nondiscriminatory manner, a sin- gle, uniform, official, centralized, inter- active computerized statewide voter reg- istration list defined, maintained, and ad- ministered at the State level that contains the name and registration information of every legally registered voter in the State and assigns a unique identifier to each le- gally registered voter in the State (in this subsection referred to as the ‘‘computerized list’’), and includes the following: (i) The computerized list shall serve as the single system for storing and man- aging the official list of registered voters throughout the State. (ii) The computerized list contains the name and registration information of every legally registered voter in the State. (iii) Under the computerized list, a unique identifier is assigned to each le- gally registered voter in the State. (iv) The computerized list shall be co- ordinated with other agency databases within the State. (v) Any election official in the State, in- cluding any local election official, may ob- tain immediate electronic access to the in- formation contained in the computerized list. (vi) All voter registration information obtained by any local election official in the State shall be electronically entered into the computerized list on an expedited basis at the time the information is pro- vided to the local official. (vii) The chief State election official shall provide such support as may be re- quired so that local election officials are able to enter information as described in clause (vi). (viii) The computerized list shall serve as the official voter registration list for the conduct of all elections for Federal of- fice in the State. (B) Exception The requirement under subparagraph (A) shall not apply to a State in which, under a State law in effect continuously on and after October 29, 2002, there is no voter registra- tion requirement for individuals in the State with respect to elections for Federal office.