52 U.S.C. § 21112 — Establishment of State-based administra-

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 Page 85 TITLE 52—VOTING AND ELECTIONS § 21122 to the expiration of the 90-day period which begins on the date the complaint is filed, un- less the complainant consents to a longer period for making such a determination. (I) If the State fails to meet the deadline applicable under subparagraph (H), the com- plaint shall be resolved within 60 days under alternative dispute resolution procedures es- tablished for purposes of this section. The record and other materials from any pro- ceedings conducted under the complaint pro- cedures established under this section shall be made available for use under the alter- native dispute resolution procedures. (b) Requiring Attorney General approval of com- pliance plan for States not receiving funds (1) In general Not later than January 1, 2004, each non- participating State shall elect— (A) to certify to the Commission that the State meets the requirements of subsection (a) in the same manner as a State receiving a payment under this chapter; or (B) to submit a compliance plan to the At- torney General which provides detailed in- formation on the steps the State will take to ensure that it meets the requirements of subchapter III. (2) States without approved plan deemed out of compliance A nonparticipating State (other than a State which makes the election described in para- graph (1)(A)) shall be deemed to not meet the requirements of subchapter III if the Attorney General has not approved a compliance plan submitted by the State under this subsection. (3) Nonparticipating State defined In this section, a ‘‘nonparticipating State’’ is a State which, during 2003, does not notify any office which is responsible for making payments to States under any program under this chapter of its intent to participate in, and receive funds under, the program. (Pub. L. 107–252, title IV, § 402, Oct. 29, 2002, 116 Stat. 1715.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(1) and (b)(1)(A), (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 chapter. For complete classification of this Act to the Code, see Tables. Subchapter III, referred to in subsecs. (a)(2)(B), (F) and (b)(1)(B), (2), was in the original ‘‘title III’’, mean- ing title III of Pub. L. 107–252, Oct. 29, 2002, 116 Stat. 1704, which is classified principally to subchapter III (§ 21081 et seq.) of this chapter. For complete classifica- tion of title III to the Code, see Tables. CODIFICATION Section was formerly classified to section 15512 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. SUBCHAPTER V—HELP AMERICA VOTE COLLEGE PROGRAM § 21121. Establishment of program (a) In general Not later than 1 year after the appointment of its members, the Election Assistance Commis- sion shall develop a program to be known as the ‘‘Help America Vote College Program’’ (here- after in this subchapter referred to as the ‘‘Pro- gram’’). (b) Purposes of Program The purpose of the Program shall be— (1) to encourage students enrolled at institu- tions of higher education (including commu- nity colleges) to assist State and local govern- ments in the administration of elections by serving as nonpartisan poll workers or assist- ants; and (2) to encourage State and local govern- ments to use the services of the students par- ticipating in the Program. (Pub. L. 107–252, title V, § 501, Oct. 29, 2002, 116 Stat. 1717.) Editorial Notes CODIFICATION Section was formerly classified to section 15521 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 21122. Activities under Program (a) In general In carrying out the Program, the Commission (in consultation with the chief election official of each State) shall develop materials, sponsor seminars and workshops, engage in advertising targeted at students, make grants, and take such other actions as it considers appropriate to meet the purposes described in section 21121(b) of this title. (b) Requirements for grant recipients In making grants under the Program, the Commission shall ensure that the funds provided are spent for projects and activities which are carried out without partisan bias or without promoting any particular point of view regard- ing any issue, and that each recipient is gov- erned in a balanced manner which does not re- flect any partisan bias. (c) Coordination with institutions of higher edu- cation The Commission shall encourage institutions of higher education (including community col- leges) to participate in the Program, and shall make all necessary materials and other assist- ance (including materials and assistance to en- able the institution to hold workshops and poll worker training sessions) available without charge to any institution which desires to par- ticipate in the Program. (Pub. L. 107–252, title V, § 502, Oct. 29, 2002, 116 Stat. 1717.)