52 U.S.C. § 20901 — Payments to States for activities to im-

Page 51 TITLE 52—VOTING AND ELECTIONS § 20901 Sec. PART C—STUDIES AND OTHER ACTIVITIES TO PROMOTE EFFECTIVE ADMINISTRATION OF FEDERAL ELECTIONS 20981. Periodic studies of election administration issues. 20982. Study, report, and recommendations on best practices for facilitating military and over- seas voting. 20983. Report on human factor research. 20984. Study and report on voters who register by mail and use of Social Security informa- tion. 20985. Study and report on electronic voting and the electoral process. 20986. Study and report on free absentee ballot post- age. 20987. Consultation with Standards Board and Board of Advisors. PART D—ELECTION ASSISTANCE SUBPART 1—REQUIREMENTS PAYMENTS 21001. Requirements payments. 21002. Allocation of funds. 21003. Condition for receipt of funds. 21004. State plan. 21005. Process for development and filing of plan; publication by Commission. 21006. Requirement for public notice and comment. 21007. Authorization of appropriations. 21008. Reports. SUBPART 2—PAYMENTS TO STATES AND UNITS OF LOCAL GOVERNMENT TO ASSURE ACCESS FOR INDIVIDUALS WITH DISABILITIES 21021. Payments to States and units of local govern- ment to assure access for individuals with disabilities. 21022. Amount of payment. 21023. Requirements for eligibility. 21024. Authorization of appropriations. 21025. Reports. SUBPART 3—GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS 21041. Grants for research on voting technology im- provements. 21042. Report. 21043. Authorization of appropriations. SUBPART 4—PILOT PROGRAM FOR TESTING OF EQUIPMENT AND TECHNOLOGY 21051. Pilot program. 21052. Report. 21053. Authorization of appropriations. SUBPART 5—PROTECTION AND ADVOCACY SYSTEMS 21061. Payments for protection and advocacy sys- tems. 21062. Authorization of appropriations. SUBPART 6—NATIONAL STUDENT AND PARENT MOCK ELECTION 21071. National Student and Parent Mock Election. 21072. Authorization of appropriations. SUBCHAPTER III—UNIFORM AND NONDISCRIM- INATORY ELECTION TECHNOLOGY AND ADMIN- ISTRATION REQUIREMENTS PART A—REQUIREMENTS 21081. Voting systems standards. 21082. Provisional voting and voting information re- quirements. 21083. Computerized statewide voter registration list requirements and requirements for vot- ers who register by mail. 21083a. Access for congressional election observers. Sec. 21084. Minimum requirements. 21085. Methods of implementation left to discretion of State. PART B—VOLUNTARY GUIDANCE 21101. Adoption of voluntary guidance by Commis- sion. 21102. Process for adoption. SUBCHAPTER IV—ENFORCEMENT 21111. Actions by the Attorney General for declara- tory and injunctive relief. 21112. Establishment of State-based administrative complaint procedures to remedy grievances. SUBCHAPTER V—HELP AMERICA VOTE COLLEGE PROGRAM 21121. Establishment of program. 21122. Activities under Program. 21123. Authorization of appropriations. SUBCHAPTER VI—TRANSFER TO COMMISSION OF FUNCTIONS UNDER CERTAIN LAWS 21131. Transfer of functions of Office of Election Ad- ministration of Federal Election Commis- sion. 21132. Transfer of functions. 21133. Transfer of property, records, and personnel. 21134. Effective date; transition. SUBCHAPTER VII—MISCELLANEOUS PROVISIONS 21141. ‘‘State’’ defined. 21142. Audits and repayment of funds. 21143. Review and report on adequacy of existing electoral fraud statutes and penalties. 21144. Other criminal penalties. 21145. No effect on other laws. SUBCHAPTER I—PAYMENTS TO STATES FOR ELECTION ADMINISTRATION IM- PROVEMENTS AND REPLACEMENT OF PUNCH CARD AND LEVER VOTING MA- CHINES § 20901. Payments to States for activities to im- prove administration of elections (a) In general Not later than 45 days after October 29, 2002, the Administrator of General Services (in this subchapter referred to as the ‘‘Administrator’’) shall establish a program under which the Ad- ministrator shall make a payment to each State in which the chief executive officer of the State, or designee, in consultation and coordination with the chief State election official, notifies the Administrator not later than 6 months after October 29, 2002, that the State intends to use the payment in accordance with this section. (b) Use of payment (1) In general A State shall use the funds provided under a payment made under this section to carry out one or more of the following activities: (A) Complying with the requirements under subchapter III. (B) Improving the administration of elec- tions for Federal office. (C) Educating voters concerning voting procedures, voting rights, and voting tech- nology. (D) Training election officials, poll work- ers, and election volunteers. (E) Developing the State plan for require- ments payments to be submitted under sub- part 1 of part D of subchapter II. Page 52 TITLE 52—VOTING AND ELECTIONS § 20902 (F) Improving, acquiring, leasing, modi- fying, or replacing voting systems and tech- nology and methods for casting and counting votes. (G) Improving the accessibility and quan- tity of polling places, including providing physical access for individuals with disabil- ities, providing nonvisual access for individ- uals with visual impairments, and providing assistance to Native Americans, Alaska Na- tive citizens, and to individuals with limited proficiency in the English language. (H) Establishing toll-free telephone hot- lines that voters may use to report possible voting fraud and voting rights violations, to obtain general election information, and to access detailed automated information on their own voter registration status, specific polling place locations, and other relevant information. (2) Limitation A State may not use the funds provided under a payment made under this section— (A) to pay costs associated with any litiga- tion, except to the extent that such costs otherwise constitute permitted uses of a payment under this section; or (B) for the payment of any judgment. (c) Use of funds to be consistent with other laws and requirements In order to receive a payment under the pro- gram under this section, the State shall provide the Administrator with certifications that— (1) the State will use the funds provided under the payment in a manner that is con- sistent with each of the laws described in sec- tion 21145 of this title, as such laws relate to the provisions of this chapter; and (2) the proposed uses of the funds are not in- consistent with the requirements of sub- chapter III. (d) Amount of payment (1) In general Subject to section 20903(b) of this title, the amount of payment made to a State under this section shall be the minimum payment amount described in paragraph (2) plus the voting age population proportion amount de- scribed in paragraph (3). (2) Minimum payment amount The minimum payment amount described in this paragraph is— (A) in the case of any of the several States or the District of Columbia, one-half of 1 percent of the aggregate amount made avail- able for payments under this section; and (B) in the case of the Commonwealth of Puerto Rico, Guam, American Samoa, or the United States Virgin Islands, one-tenth of 1 percent of such aggregate amount. (3) Voting age population proportion amount The voting age population proportion amount described in this paragraph is the product of— (A) the aggregate amount made available for payments under this section minus the total of all of the minimum payment amounts determined under paragraph (2); and (B) the voting age population proportion for the State (as defined in paragraph (4)). (4) Voting age population proportion defined The term ‘‘voting age population propor- tion’’ means, with respect to a State, the amount equal to the quotient of— (A) the voting age population of the State (as reported in the most recent decennial census); and (B) the total voting age population of all States (as reported in the most recent decen- nial census). (Pub. L. 107–252, title I, § 101, Oct. 29, 2002, 116 Stat. 1668.) Editorial Notes REFERENCES IN TEXT Subchapter III, referred to in subsecs. (b)(1)(A) and (c)(2), was in the original ‘‘title III’’, meaning title III of Pub. L. 107–252, Oct. 29, 2002, 116 Stat. 1704, which en- acted subchapter III of this chapter and amended sec- tion 405 of Title 42, The Public Health and Welfare. For complete classification of title III to the Code, see Ta- bles. This chapter, referred to in subsec. (c)(1), 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 15301 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20902. Replacement of punch card or lever vot- ing machines (a) Establishment of program (1) In general Not later than 45 days after October 29, 2002, the Administrator shall establish a program under which the Administrator shall make a payment to each State eligible under sub- section (b) in which a precinct within that State used a punch card voting system or a lever voting system to administer the regu- larly scheduled general election for Federal of- fice held in November 2000 (in this section re- ferred to as a ‘‘qualifying precinct’’). (2) Use of funds A State shall use the funds provided under a payment under this section (either directly or as reimbursement, including as reimburse- ment for costs incurred on or after January 1, 2001, under multiyear contracts) to replace punch card voting systems or lever voting sys- tems (as the case may be) in qualifying pre- cincts within that State with a voting system (by purchase, lease, or such other arrangement as may be appropriate) that— (A) does not use punch cards or levers; (B) is not inconsistent with the require- ments of the laws described in section 21145 of this title; and (C) meets the requirements of section 21081 of this title.