52 U.S.C. § 20986 — Study and report on free absentee ballot

Page 66 TITLE 52—VOTING AND ELECTIONS § 20985 CODIFICATION Section was formerly classified to section 15384 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20985. Study and report on electronic voting and the electoral process (a) Study (1) In general The Commission shall conduct a thorough study of issues and challenges, specifically to include the potential for election fraud, pre- sented by incorporating communications and Internet technologies in the Federal, State, and local electoral process. (2) Issues to be studied The Commission may include in the study conducted under paragraph (1) an examination of— (A) the appropriate security measures re- quired and minimum standards for certifi- cation of systems or technologies in order to minimize the potential for fraud in voting or in the registration of qualified citizens to register and vote; (B) the possible methods, such as Internet or other communications technologies, that may be utilized in the electoral process, in- cluding the use of those technologies to reg- ister voters and enable citizens to vote on- line, and recommendations concerning stat- utes and rules to be adopted in order to im- plement an online or Internet system in the electoral process; (C) the impact that new communications or Internet technology systems for use in the electoral process could have on voter participation rates, voter education, public accessibility, potential external influences during the elections process, voter privacy and anonymity, and other issues related to the conduct and administration of elections; (D) whether other aspects of the electoral process, such as public availability of can- didate information and citizen communica- tion with candidates, could benefit from the increased use of online or Internet tech- nologies; (E) the requirements for authorization of collection, storage, and processing of elec- tronically generated and transmitted digital messages to permit any eligible person to register to vote or vote in an election, in- cluding applying for and casting an absentee ballot; (F) the implementation cost of an online or Internet voting or voter registration sys- tem and the costs of elections after imple- mentation (including a comparison of total cost savings for the administration of the electoral process by using Internet tech- nologies or systems); (G) identification of current and foresee- able online and Internet technologies for use in the registration of voters, for voting, or for the purpose of reducing election fraud, currently available or in use by election au- thorities; (H) the means by which to ensure and achieve equity of access to online or Inter- net voting or voter registration systems and address the fairness of such systems to all citizens; and (I) the impact of technology on the speed, timeliness, and accuracy of vote counts in Federal, State, and local elections. (b) Report (1) Submission Not later than 20 months after October 29, 2002, the Commission shall transmit to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate a report on the results of the study conducted under subsection (a), including such legisla- tive recommendations or model State laws as are required to address the findings of the Commission. (2) Internet posting In addition to the dissemination require- ments under chapter 19 of title 44, the Election Administration Commission shall post the re- port transmitted under paragraph (1) on an Internet website. (Pub. L. 107–252, title II, § 245, Oct. 29, 2002, 116 Stat. 1690.) Editorial Notes CODIFICATION Section was formerly classified to section 15385 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20986. Study and report on free absentee ballot postage (a) Study on the establishment of a free absentee ballot postage program (1) In general The Commission, in consultation with the Postal Service, shall conduct a study on the feasibility and advisability of the establish- ment of a program under which the Postal Service shall waive or otherwise reduce the amount of postage applicable with respect to absentee ballots submitted by voters in gen- eral elections for Federal office (other than balloting materials mailed under section 3406 of title 39) that does not apply with respect to the postage required to send the absentee bal- lots to voters. (2) Public survey As part of the study conducted under para- graph (1), the Commission shall conduct a sur- vey of potential beneficiaries under the pro- gram described in such paragraph, including the elderly and disabled, and shall take into account the results of such survey in deter- mining the feasibility and advisability of es- tablishing such a program. (b) Report (1) Submission Not later than the date that is 1 year after October 29, 2002, the Commission shall submit to Congress a report on the study conducted under subsection (a)(1) together with rec- ommendations for such legislative and admin- Page 67 TITLE 52—VOTING AND ELECTIONS § 21001 istrative action as the Commission determines appropriate. (2) Costs The report submitted under paragraph (1) shall contain an estimate of the costs of estab- lishing the program described in subsection (a)(1). (3) Implementation The report submitted under paragraph (1) shall contain an analysis of the feasibility of implementing the program described in sub- section (a)(1) with respect to the absentee bal- lots to be submitted in the general election for Federal office held in 2004. (4) Recommendations regarding the elderly and disabled The report submitted under paragraph (1) shall— (A) include recommendations on ways that program described in subsection (a)(1) would target elderly individuals and individuals with disabilities; and (B) identify methods to increase the num- ber of such individuals who vote in elections for Federal office. (c) Postal Service defined The term ‘‘Postal Service’’ means the United States Postal Service established under section 201 of title 39. (Pub. L. 107–252, title II, § 246, Oct. 29, 2002, 116 Stat. 1691.) Editorial Notes CODIFICATION Section was formerly classified to section 15386 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20987. Consultation with Standards Board and Board of Advisors The Commission shall carry out its duties under this part in consultation with the Stand- ards Board and the Board of Advisors. (Pub. L. 107–252, title II, § 247, Oct. 29, 2002, 116 Stat. 1692.) Editorial Notes CODIFICATION Section was formerly classified to section 15387 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PART D—ELECTION ASSISTANCE SUBPART 1—REQUIREMENTS PAYMENTS § 21001. Requirements payments (a) In general The Commission shall make a requirements payment each year in an amount determined under section 21002 of this title to each State which meets the conditions described in section 21003 of this title for the year. (b) Use of funds (1) In general Except as provided in paragraphs (2) and (3), a State receiving a requirements payment shall use the payment only to meet the re- quirements of subchapter III. (2) Other activities A State may use a requirements payment to carry out other activities to improve the ad- ministration of elections for Federal office if the State certifies to the Commission that— (A) the State has implemented the require- ments of subchapter III; or (B) the amount expended with respect to such other activities does not exceed an amount equal to the minimum payment amount applicable to the State under sec- tion 21002(c) of this title. (3) Activities under Uniformed and Overseas Citizens Absentee Voting Act A State shall use a requirements payment made using funds appropriated pursuant to the authorization under section 21007(a)(4) of this title only to meet the requirements under the Uniformed and Overseas Citizens Absentee Voting Act [52 U.S.C. 20301 et seq.] imposed as a result of the provisions of and amendments made by the Military and Overseas Voter Em- powerment Act. (c) Retroactive payments (1) In general Notwithstanding any other provision of this part, including the maintenance of effort re- quirements of section 21004(a)(7) of this title, a State may use a requirements payment as a reimbursement for costs incurred in obtaining voting equipment which meets the require- ments of section 21081 of this title if the State obtains the equipment after the regularly scheduled general election for Federal office held in November 2000. (2) Special rule regarding multiyear contracts A State may use a requirements payment for any costs for voting equipment which meets the requirements of section 21081 of this title that, pursuant to a multiyear contract, were incurred on or after January 1, 2001, except that the amount that the State is otherwise required to contribute under the maintenance of effort requirements of section 21004(a)(7) of this title shall be increased by the amount of the payment made with respect to such multiyear contract. (d) Adoption of Commission guidelines and guid- ance not required to receive payment Nothing in this subpart may be construed to require a State to implement any of the vol- untary voting system guidelines or any of the voluntary guidance adopted by the Commission with respect to any matter as a condition for re- ceiving a requirements payment. (e) Schedule of payments As soon as practicable after the initial ap- pointment of all members of the Commission (but in no event later than 6 months thereafter), and not less frequently than once each calendar year thereafter, the Commission shall make re- quirements payments to States under this sub- part. (f) Limitation A State may not use any portion of a require- ments payment—