52 U.S.C. § 21083a — Access for congressional election ob-

Page 82 TITLE 52—VOTING AND ELECTIONS § 21083a in order to avoid the additional identifica- tion requirements upon voting for the first time. (B) Incomplete forms If an applicant for voter registration fails to answer the question included on the mail voter registration form pursuant to subpara- graph (A)(i), the registrar shall notify the applicant of the failure and provide the ap- plicant with an opportunity to complete the form in a timely manner to allow for the completion of the registration form prior to the next election for Federal office (subject to State law). (5) Construction Nothing in this subsection shall be con- strued to require a State that was not required to comply with a provision of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.) [now 52 U.S.C. 20501 et seq.] before Oc- tober 29, 2002, to comply with such a provision after October 29, 2002. (c) Permitted use of last 4 digits of social secu- rity numbers The last 4 digits of a social security number described in subsections (a)(5)(A)(i)(II) and (b)(3)(B)(i)(II) shall not be considered to be a so- cial security number for purposes of section 7 of the Privacy Act of 1974 (5 U.S.C. 552a note). (d) Effective date (1) Computerized statewide voter registration list requirements (A) In general Except as provided in subparagraph (B), each State and jurisdiction shall be required to comply with the requirements of sub- section (a) on and after January 1, 2004. (B) Waiver If a State or jurisdiction certifies to the Commission not later than January 1, 2004, that the State or jurisdiction will not meet the deadline described in subparagraph (A) for good cause and includes in the certifi- cation the reasons for the failure to meet such deadline, subparagraph (A) shall apply to the State or jurisdiction as if the ref- erence in such subparagraph to ‘‘January 1, 2004’’ were a reference to ‘‘January 1, 2006’’. (2) Requirement for voters who register by mail (A) In general Each State and jurisdiction shall be re- quired to comply with the requirements of subsection (b) on and after January 1, 2004, and shall be prepared to receive registration materials submitted by individuals described in subparagraph (B) on and after the date de- scribed in such subparagraph. (B) Applicability with respect to individuals The provisions of subsection (b) shall apply to any individual who registers to vote on or after January 1, 2003. (Pub. L. 107–252, title III, § 303, Oct. 29, 2002, 116 Stat. 1708.) Editorial Notes REFERENCES IN TEXT The National Voter Registration Act of 1993, referred to in subsecs. (a)(2)(A)(i), (4)(A) and (b)(5), is Pub. L. 103–31, May 20, 1993, 107 Stat. 77, which is classified principally to chapter 205 (§ 20501 et seq.) of this title. For complete classification of this Act to the Code, see Tables. Par. (8) of section 405(r) of title 42, referred to in sub- sec. (a)(5)(B)(ii), was redesignated par. (9) of section 405(r) by Pub. L. 116–260, div. FF, title VIII, § 801(a)(4), Dec. 27, 2020, 134 Stat. 3202. Section 7 of the Privacy Act of 1974, referred to in subsecs. (a)(5)(D) and (c), is section 7 of Pub. L. 93–579, which is set out as a note under section 552a of Title 5, Government Organization and Employees. The Uniformed and Overseas Citizens Absentee Vot- ing Act, referred to in subsec. (b)(3)(C)(i), is Pub. L. 99–410, Aug. 28, 1986, 100 Stat. 924, which is classified principally to chapter 203 (§ 20301 et seq.) of this title. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 15483 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Section is comprised of section 303 of Pub. L. 107–252. Subsec. (a)(5)(C) of section 303 of Pub. L. 107–252 amend- ed section 405 of Title 42, The Public Health and Wel- fare. § 21083a. Access for congressional election ob- servers (a) Finding of constitutional authority Congress finds that, regardless of legislative action, it has the authority to send congres- sional election observers to observe polling loca- tions, any location where processing, scanning, tabulating, canvassing, recounting, auditing, or certifying voting results is occurring, or any other part of the process associated with elec- tions for Federal office under the authorities granted under article 1, section 5, clause 1 and article 1, section 4, clause 1 of the Constitution of the United States. Procedures described here- in do not establish any new authorities or proce- dures with respect to Congress’ constitutional authority to observe congressional elections but are provided simply to permit a convenient stat- utory reference for existing congressional au- thority and activity. (b) Requiring States to provide access for observ- ers (1) Requirement A State shall provide each individual who is acting as a designated congressional election observer for an election for Federal office with full access to clearly observe all elements of election administration procedures, including, but not limited to, access to any area in which a ballot is cast, processed, scanned, tabulated, canvassed, recounted, audited, or certified, in- cluding during pre- and post-election proce- dures. (2) Restrictions on activities of observers No designated congressional election ob- server may handle a ballot or election equip- ment (whether voting or nonvoting or whether tabulating or nontabulating), advocate for any position or candidate, take any action to re- 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.)