52 U.S.C. § 20311 — Technology pilot program

Page 40 TITLE 52—VOTING AND ELECTIONS § 20311 (C) a person who resides outside the United States and (but for such residence) would be qualified to vote in the last place in which the person was domiciled before leaving the United States. (6) ‘‘State’’ means a State of the United States, the District of Columbia, the Common- wealth of Puerto Rico, Guam, the Virgin Is- lands, and American Samoa; (7) ‘‘uniformed services’’ means the Army, Navy, Air Force, Marine Corps, and Coast Guard, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Admin- istration; and (8) ‘‘United States’’, where used in the terri- torial sense, means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American Samoa. (Pub. L. 99–410, title I, § 107, Aug. 28, 1986, 100 Stat. 927.) Editorial Notes CODIFICATION Section was formerly classified to section 1973ff–6 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 20311. Technology pilot program (a) Definitions In this section: (1) Absent uniformed services voter The term ‘‘absent uniformed services voter’’ has the meaning given such term in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–6(1)) [now 52 U.S.C. 20310(1)]. (2) Overseas voter The term ‘‘overseas voter’’ has the meaning given such term in section 107(5) of such Act [52 U.S.C. 20310(5)]. (3) Presidential designee The term ‘‘Presidential designee’’ means the individual designated under section 101(a) of such Act [52 U.S.C. 20301(a)]. (b) Establishment (1) In general The Presidential designee may establish 1 or more pilot programs under which the feasi- bility of new election technology is tested for the benefit of absent uniformed services voters and overseas voters claiming rights under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) [now 52 U.S.C. 20301 et seq.]. (2) Design and conduct The design and conduct of a pilot program established under this subsection— (A) shall be at the discretion of the Presi- dential designee; and (B) shall not conflict with or substitute for existing laws, regulations, or procedures with respect to the participation of absent uniformed services voters and military vot- ers in elections for Federal office. (c) Considerations In conducting a pilot program established under subsection (b), the Presidential designee may consider the following issues: (1) The transmission of electronic voting material across military networks. (2) Virtual private networks, cryptographic voting systems, centrally controlled voting stations, and other information security tech- niques. (3) The transmission of ballot representa- tions and scanned pictures in a secure manner. (4) Capturing, retaining, and comparing elec- tronic and physical ballot representations. (5) Utilization of voting stations at military bases. (6) Document delivery and upload systems. (7) The functional effectiveness of the appli- cation or adoption of the pilot program to operational environments, taking into ac- count environmental and logistical obstacles and State procedures. (d) Reports The Presidential designee shall submit to Con- gress reports on the progress and outcomes of any pilot program conducted under this sub- section, together with recommendations— (1) for the conduct of additional pilot pro- grams under this section; and (2) for such legislation and administrative action as the Presidential designee determines appropriate. (e) Technical assistance (1) In general The Election Assistance Commission and the National Institute of Standards and Tech- nology shall provide the Presidential designee with best practices or standards in accordance with electronic absentee voting guidelines es- tablished under the first sentence of section 1604(a)(2) of the National Defense Authoriza- tion Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1277; 42 U.S.C. 1973ff note [now 52 U.S.C. 20301 note]), as amended by sec- tion 567 of the Ronald W. Reagan National De- fense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 1919) to support the pilot program or programs. (2) Report In the case in which the Election Assistance Commission has not established electronic ab- sentee voting guidelines under such section 1604(a)(2), as so amended, by not later than 180 days after October 28, 2009, the Election As- sistance Commission shall submit to the rel- Page 41 TITLE 52—VOTING AND ELECTIONS § 20501 evant committees of Congress a report con- taining the following information: (A) The reasons such guidelines have not been established as of such date. (B) A detailed timeline for the establish- ment of such guidelines. (C) A detailed explanation of the Commis- sion’s actions in establishing such guidelines since October 28, 2004. (3) Relevant committees of Congress defined In this subsection, the term ‘‘relevant com- mittees of Congress’’ means— (A) the Committees on Appropriations, Armed Services, and Rules and Administra- tion of the Senate; and (B) the Committees on Appropriations, Armed Services, and House Administration of the House of Representatives. (f) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. (Pub. L. 111–84, div. A, title V, § 589, Oct. 28, 2009, 123 Stat. 2334; Pub. L. 111–383, div. A, title X, § 1075(d)(6), Jan. 7, 2011, 124 Stat. 4373.) Editorial Notes REFERENCES IN TEXT The Uniformed and Overseas Citizens Absentee Vot- ing Act, referred to in subsec. (b)(1), is Pub. L. 99–410, Aug. 28, 1986, 100 Stat. 924, which is classified prin- cipally to this chapter. Sections 101 and 107 of the Act are classified to sections 20301 and 20310, respectively, of this title. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 1973ff–7 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Some section numbers referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification to this title. Section was enacted as part of the Military and Over- seas Voter Empowerment Act, and also as part of the National Defense Authorization Act for Fiscal Year 2010, and not as part of title I of the Uniformed and Overseas Citizens Absentee Voting Act, which com- prises this chapter. AMENDMENTS 2011—Subsec. (a)(1). Pub. L. 111–383, § 1075(d)(6)(A), substituted ‘‘section 107(1)’’ for ‘‘section 107(a)’’ and ‘‘1973ff–6(1)’’ for ‘‘1973ff et seq.’’ Subsec. (e)(1). Pub. L. 111–383, § 1075(d)(6)(B), sub- stituted ‘‘1973ff note’’ for ‘‘1977ff note’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 111–383, div. A, title X, § 1075(d), Jan. 7, 2011, 124 Stat. 4372, provided that the amendment by section 1075(d)(6) is effective as of Oct. 28, 2009, and as if in- cluded in Pub. L. 111–84 as enacted. CHAPTER 205—NATIONAL VOTER REGISTRATION Sec. 20501. Findings and purposes. 20502. Definitions. 20503. National procedures for voter registration for elections for Federal office. Sec. 20504. Simultaneous application for voter registra- tion and application for motor vehicle driv- er’s license. 20505. Mail registration. 20506. Voter registration agencies. 20507. Requirements with respect to administration of voter registration. 20508. Federal coordination and regulations. 20509. Designation of chief State election official. 20510. Civil enforcement and private right of action. 20511. Criminal penalties. § 20501. Findings and purposes (a) Findings The Congress finds that— (1) the right of citizens of the United States to vote is a fundamental right; (2) it is the duty of the Federal, State, and local governments to promote the exercise of that right; and (3) discriminatory and unfair registration laws and procedures can have a direct and damaging effect on voter participation in elec- tions for Federal office and disproportionately harm voter participation by various groups, including racial minorities. (b) Purposes The purposes of this chapter are— (1) to establish procedures that will increase the number of eligible citizens who register to vote in elections for Federal office; (2) to make it possible for Federal, State, and local governments to implement this chapter in a manner that enhances the partici- pation of eligible citizens as voters in elec- tions for Federal office; (3) to protect the integrity of the electoral process; and (4) to ensure that accurate and current voter registration rolls are maintained. (Pub. L. 103–31, § 2, May 20, 1993, 107 Stat. 77.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’, meaning Pub. L. 103–31, May 20, 1993, 107 Stat. 77, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 1973gg of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 103–31, § 13, May 20, 1993, 107 Stat. 89, provided that: ‘‘This Act [see Tables for classification] shall take effect— ‘‘(1) with respect to a State that on the date of en- actment of this Act [May 20, 1993] has a provision in the constitution of the State that would preclude compliance with this Act unless the State main- tained separate Federal and State official lists of eli- gible voters, on the later of— ‘‘(A) January 1, 1996; or ‘‘(B) the date that is 120 days after the date by which, under the constitution of the State as in ef- fect on the date of enactment of this Act, it would