52 U.S.C. § 20902 — Replacement of punch card or lever vot-

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. Page 53 TITLE 52—VOTING AND ELECTIONS § 20902 (3) Deadline (A) In general Except as provided in subparagraph (B), a State receiving a payment under the pro- gram under this section shall ensure that all of the punch card voting systems or lever voting systems in the qualifying precincts within that State have been replaced in time for the regularly scheduled general election for Federal office to be held in November 2004. (B) Waiver If a State certifies to the Administrator not later than January 1, 2004, that the State will not meet the deadline described in subparagraph (A) for good cause and in- cludes in the certification the reasons for the failure to meet such deadline, the State shall ensure that all of the punch card vot- ing systems or lever voting systems in the qualifying precincts within that State will be replaced in time for the first election for Federal office held after November 1, 2010. (b) Eligibility (1) In general A State is eligible to receive a payment under the program under this section if it sub- mits to the Administrator a notice not later than the date that is 6 months after October 29, 2002 (in such form as the Administrator may require) that contains— (A) certifications that the State will use the payment (either directly or as reim- bursement, including as reimbursement for costs incurred on or after January 1, 2001, under multiyear contracts) to replace punch card voting systems or lever voting systems (as the case may be) in the qualifying pre- cincts within the State by the deadline de- scribed in subsection (a)(3); (B) certifications that the State will con- tinue to comply with the laws described in section 21145 of this title; (C) certifications that the replacement voting systems will meet the requirements of section 21081 of this title; and (D) such other information and certifi- cations as the Administrator may require which are necessary for the administration of the program. (2) Compliance of States that require changes to State law In the case of a State that requires State legislation to carry out an activity covered by any certification submitted under this sub- section, the State shall be permitted to make the certification notwithstanding that the leg- islation has not been enacted at the time the certification is submitted and such State shall submit an additional certification once such legislation is enacted. (c) Amount of payment (1) In general Subject to paragraph (2) and section 20903(b) of this title, the amount of payment made to a State under the program under this section shall be equal to the product of— (A) the number of the qualifying precincts within the State; and (B) $4,000. (2) Reduction If the amount of funds appropriated pursu- ant to the authority of section 20904(a)(2) of this title is insufficient to ensure that each State receives the amount of payment cal- culated under paragraph (1), the Adminis- trator shall reduce the amount specified in paragraph (1)(B) to ensure that the entire amount appropriated under such section is dis- tributed to the States. (d) Repayment of funds for failure to meet dead- lines (1) In general If a State receiving funds under the program under this section fails to meet the deadline applicable to the State under subsection (a)(3), the State shall pay to the Administrator an amount equal to the noncompliant precinct percentage of the amount of the funds pro- vided to the State under the program. (2) Noncompliant precinct percentage defined In this subsection, the term ‘‘noncompliant precinct percentage’’ means, with respect to a State, the amount (expressed as a percentage) equal to the quotient of— (A) the number of qualifying precincts within the State for which the State failed to meet the applicable deadline; and (B) the total number of qualifying pre- cincts in the State. (e) Punch card voting system defined For purposes of this section, a ‘‘punch card voting system’’ includes any of the following voting systems: (1) C.E.S. (2) Datavote. (3) PBC Counter. (4) Pollstar. (5) Punch Card. (6) Vote Recorder. (7) Votomatic. (Pub. L. 107–252, title I, § 102, Oct. 29, 2002, 116 Stat. 1670; Pub. L. 110–28, title VI, § 6301(a), May 25, 2007, 121 Stat. 171; Pub. L. 111–8, div. D, title VI, § 625(a), Mar. 11, 2009, 123 Stat. 678.) Editorial Notes CODIFICATION Section was formerly classified to section 15302 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2009—Subsec. (a)(3)(B). Pub. L. 111–8 substituted ‘‘No- vember 1, 2010’’ for ‘‘March 1, 2008’’. 2007—Subsec. (a)(3)(B). Pub. L. 110–28 substituted ‘‘March 1, 2008’’ for ‘‘January 1, 2006’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Pub. L. 111–8, div. D, title VI, § 625(b), Mar. 11, 2009, 123 Stat. 678, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect as if included in the enactment of the Help America Vote Page 54 TITLE 52—VOTING AND ELECTIONS § 20903 Act of 2002 [Pub. L. 107–252, see Tables for classifica- tion].’’ EFFECTIVE DATE OF 2007 AMENDMENT Pub. L. 110–28, title VI, § 6301(b), May 25, 2007, 121 Stat. 171, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect as if included in the enactment of the Help America Vote Act of 2002 [Pub. L. 107–252, see Tables for classifica- tion].’’ § 20903. Guaranteed minimum payment amount (a) In general In addition to any other payments made under this subchapter, the Administrator shall make a payment to each State to which a payment is made under either section 20901 or 20902 of this title and with respect to which the aggregate amount paid under such sections is less than $5,000,000 in an amount equal to the difference between the aggregate amount paid to the State under sections 20901 and 20902 of this title and $5,000,000. In the case of the Commonwealth of Puerto Rico, Guam, American Samoa, and the United States Virgin Islands, the previous sen- tence shall be applied as if each reference to ‘‘$5,000,000’’ were a reference to ‘‘$1,000,000’’. (b) Pro rata reductions The Administrator shall make such pro rata reductions to the amounts described in sections 20901(d) and 20902(c) of this title as are necessary to comply with the requirements of subsection (a). (Pub. L. 107–252, title I, § 103, Oct. 29, 2002, 116 Stat. 1672.) Editorial Notes CODIFICATION Section was formerly classified to section 15303 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20904. Authorization of appropriations (a) In general There are authorized to be appropriated for payments under this subchapter $650,000,000, of which— (1) 50 percent shall be for payments under section 20901 of this title; and (2) 50 percent shall be for payments under section 20902 of this title. (b) Continuing availability of funds after appro- priation Any payment made to a State under this sub- chapter shall be available to the State without fiscal year limitation (subject to subsection (c)(2)(B)). (c) Use of returned funds and funds remaining unexpended for requirements payments (1) In general The amounts described in paragraph (2) shall be transferred to the Election Assistance Com- mission (established under subchapter II) and used by the Commission to make requirements payments under subpart 1 of part D of sub- chapter II. (2) Amounts described The amounts referred to in this paragraph are as follows: (A) Any amounts paid to the Adminis- trator by a State under section 20902(d)(1) of this title. (B) Any amounts appropriated for pay- ments under this subchapter which remain unobligated as of September 1, 2003. (d) Deposit of amounts in State election fund When a State has established an election fund described in section 21004(b) of this title, the State shall ensure that any funds provided to the State under this subchapter are deposited and maintained in such fund. (e) Authorization of appropriations for Adminis- trator In addition to the amounts authorized under subsection (a), there are authorized to be appro- priated to the Administrator such sums as may be necessary to administer the programs under this subchapter. (Pub. L. 107–252, title I, § 104, Oct. 29, 2002, 116 Stat. 1672.) Editorial Notes CODIFICATION Section was formerly classified to section 15304 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20905. Administration of programs In administering the programs under this sub- chapter, the Administrator shall take such ac- tions as the Administrator considers appro- priate to expedite the payment of funds to States. (Pub. L. 107–252, title I, § 105, Oct. 29, 2002, 116 Stat. 1673.) Editorial Notes CODIFICATION Section was formerly classified to section 15305 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 20906. Effective date The Administrator shall implement the pro- grams established under this subchapter in a manner that ensures that the Administrator is able to make payments under the program not later than the expiration of the 45-day period which begins on October 29, 2002. (Pub. L. 107–252, title I, § 106, Oct. 29, 2002, 116 Stat. 1673.) Editorial Notes CODIFICATION Section was formerly classified to section 15306 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. SUBCHAPTER II—COMMISSION PART A—ESTABLISHMENT AND GENERAL ORGANIZATION SUBPART 1—ELECTION ASSISTANCE COMMISSION § 20921. Establishment There is hereby established as an independent entity the Election Assistance Commission