52 U.S.C. § 21085 — Methods of implementation left to discre-

Page 83 TITLE 52—VOTING AND ELECTIONS § 21085 duce ballot secrecy or voter privacy, take any action to interfere with the ability of a voter to cast a ballot or an election administrator to carry the administrator’s duties, or other- wise interfere with the election administra- tion process. (3) Rule of construction Nothing in this section shall prohibit a des- ignated congressional election observer from asking questions of an election administrator, election official, or election worker, or any other State or local official. (c) Conduct of observers (1) Removal (A) Authorization removal by election official If a State or local election official has a reasonable basis to believe that a designated congressional election observer has engaged in or imminently will engage in intimida- tion or deceptive practices prohibited by Federal law, or in the disruption of voting, processing, scanning, tabulating, can- vassing, or recounting of ballots, or the cer- tification of results, a State or local election official may remove that observer from the area involved. (B) Notice to Committee If a designated congressional election ob- server is removed from an area under sub- paragraph (A), the election official shall, within 24 hours of the observer’s removal— (i) inform the chair and ranking minor- ity member of the Committee on House Administration of the House of Represent- atives or the Committee on Rules and Ad- ministration of the Senate, as applicable; and (ii) provide written notice detailing the reason or reasons the designated congres- sional election observer was removed. (2) Rule of construction For purposes of this subsection, the mere presence of a designated congressional elec- tion observer during an observation of election administration procedures, without any addi- tional indicia supporting a reasonable basis for removal, is not a sufficient reason for re- moval under paragraph (1)(A). (3) Right to replace observer If a designated congressional election ob- server is properly removed under paragraph (1)(A), the chair or ranking minority member of the Committee on House Administration of the House of Representatives or the Com- mittee on Rules and Administration of the Senate, as appropriate, may send another des- ignated congressional election observer as a replacement for the remaining duration of the observation of election administration proce- dures. (d) Designated congressional election observer described In this section, a ‘‘designated congressional election observer’’ is a House or Senate em- ployee who is designated in writing by the chair or ranking minority member of the Committee on House Administration of the House of Rep- resentatives or the Committee on Rules and Ad- ministration of the Senate, or a successor com- mittee, to gather information with respect to an election, including in the event that the election is contested in the House of Representatives or the Senate and for other purposes permitted by article 1, section 5, clause 1 and article 1, section 4, clause 1 of the Constitution of the United States. (e) State defined In this section, the term ‘‘State’’ means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (Pub. L. 107–252, title III, § 304, as added Pub. L. 118–106, § 2(a)(2), Oct. 4, 2024, 138 Stat. 1591.) Editorial Notes PRIOR PROVISIONS A prior section 304 of Pub. L. 107–252 was renumbered section 305 and is classified to section 21084 of this title. § 21084. Minimum requirements The requirements established by this sub- chapter are minimum requirements and nothing in this subchapter shall be construed to prevent a State from establishing election technology and administration requirements that are more strict than the requirements established under this subchapter so long as such State require- ments are not inconsistent with the Federal re- quirements under this subchapter or any law de- scribed in section 21145 of this title. (Pub. L. 107–252, title III, § 305, formerly § 304, Oct. 29, 2002, 116 Stat. 1714; renumbered § 305, Pub. L. 118–106, § 2(a)(1), Oct. 4, 2024, 138 Stat. 1591.) 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 15484 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 305 of Pub. L. 107–252 was renumbered section 306 and is classified to section 21085 of this title. § 21085. Methods of implementation left to discre- tion of State The specific choices on the methods of com- plying with the requirements of this subchapter shall be left to the discretion of the State. (Pub. L. 107–252, title III, § 306, formerly § 305, Oct. 29, 2002, 116 Stat. 1714; renumbered § 306, Pub. L. 118–106, § 2(a)(1), Oct. 4, 2024, 138 Stat. 1591.) 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