52 U.S.C. § 21004 — State plan

Page 69 TITLE 52—VOTING AND ELECTIONS § 21004 filed under paragraph (1)), and has such proce- dures in place for purposes of meeting the re- quirements of such section. If the State does not include such an implementation plan in the State plan filed under paragraph (1), the requirements of sections 21005(b) and 21006 of this title shall apply to the implementation plan in the same manner as such requirements apply to the State plan. (B) Subparagraph (A) shall not apply for pur- poses of determining the eligibility of a State to receive a requirements payment appro- priated pursuant to the authorization provided under section 21007(a)(4) of this title. (3) The State is in compliance with each of the laws described in section 21145 of this title, as such laws apply with respect to this chap- ter. (4) To the extent that any portion of the re- quirements payment is used for activities other than meeting the requirements of sub- chapter III— (A) the State’s proposed uses of the re- quirements payment are not inconsistent with the requirements of subchapter III; and (B) the use of the funds under this para- graph is consistent with the requirements of section 21001(b) of this title. (5)(A) Subject to subparagraph (B), the State has appropriated funds for carrying out the ac- tivities for which the requirements payment is made in an amount equal to 5 percent of the total amount to be spent for such activities (taking into account the requirements pay- ment and the amount spent by the State) and, in the case of a State that uses a requirements payment as a reimbursement under section 21001(c)(2) of this title, an additional amount equal to the amount of such reimbursement. (B) Subparagraph (A) shall not apply for pur- poses of determining the eligibility of a State to receive a requirements payment appro- priated pursuant to the authorization provided under section 21007(a)(4) of this title for fiscal year 2010, except that if the State does not ap- propriate funds in accordance with subpara- graph (A) prior to the last day of fiscal year 2011, the State shall repay to the Commission the requirements payment which is appro- priated pursuant to such authorization. (c) Methods of compliance left to discretion of State The specific choices on the methods of com- plying with the elements of a State plan shall be left to the discretion of the State. (d) Timing for filing of certification A State may not file a statement of certifi- cation under subsection (a) until the expiration of the 45-day period (or, in the case of a fiscal year other than the first fiscal year for which a requirements payment is made to the State under this part, the 30-day period) which begins on the date notice of the State plan under this part is published in the Federal Register pursu- ant to section 21005(b) of this title. (e) Chief State election official defined In this part, the ‘‘chief State election official’’ of a State is the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–8) [now 52 U.S.C. 20509] to be responsible for coordina- tion of the State’s responsibilities under such Act. (Pub. L. 107–252, title II, § 253, Oct. 29, 2002, 116 Stat. 1693; Pub. L. 111–84, div. A, title V, § 588(b)(1)(B)–(3), Oct. 28, 2009, 123 Stat. 2333; Pub. L. 112–74, div. C, title VI, § 622(2), Dec. 23, 2011, 125 Stat. 927.) Editorial Notes REFERENCES IN TEXT Section 253(b) of the Help America Vote Act of 2002, referred to in subsec. (a), is classified to subsec. (b) of this section. This chapter, referred to in subsec. (b)(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 chap- ter. For complete classification of this Act to the Code, see Tables. Subchapter III, referred to in subsec. (b)(4), was in the original ‘‘title III’’, meaning title III of Pub. L. 107–252, Oct. 29, 2002, 116 Stat. 1704, which is classified prin- cipally to subchapter III (§ 21081 et seq.) of this chapter. For complete classification of title III to the Code, see Tables. The National Voter Registration Act of 1993, referred to in subsec. (e), 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. CODIFICATION Section was formerly classified to section 15403 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. AMENDMENTS 2011—Subsec. (d). Pub. L. 112–74 inserted ‘‘notice of’’ before ‘‘the State plan’’. 2009—Subsec. (b)(1)(A). Pub. L. 111–84, § 588(b)(1)(B), substituted ‘‘section 15404(a) of this title (or, for pur- poses of determining the eligibility of a State to re- ceive a requirements payment appropriated pursuant to the authorization provided under section 15407(a)(4) of this title, contains the element described in paragraph (14) of such section)’’ for ‘‘section 15404 of this title’’. Subsec. (b)(2). Pub. L. 111–84, § 588(b)(2), designated ex- isting provisions as subpar. (A), substituted ‘‘Subject to subparagraph (B), the State’’ for ‘‘The State’’, and added subpar. (B). Subsec. (b)(5). Pub. L. 111–84, § 588(b)(3), designated ex- isting provisions as subpar. (A), substituted ‘‘Subject to subparagraph (B), the State’’ for ‘‘The State’’, and added subpar. (B). § 21004. State plan (a) In general The State plan shall contain a description of each of the following: (1) How the State will use the requirements payment to meet the requirements of sub- chapter III, and, if applicable under section 21001(a)(2) of this title, to carry out other ac- tivities to improve the administration of elec- tions. (2) How the State will distribute and mon- itor the distribution of the requirements pay- ment to units of local government or other en- tities in the State for carrying out the activi- Page 70 TITLE 52—VOTING AND ELECTIONS § 21004 ties described in paragraph (1), including a de- scription of— (A) the criteria to be used to determine the eligibility of such units or entities for receiving the payment; and (B) the methods to be used by the State to monitor the performance of the units or en- tities to whom the payment is distributed, consistent with the performance goals and measures adopted under paragraph (8). (3) How the State will provide for programs for voter education, election official education and training, and poll worker training which will assist the State in meeting the require- ments of subchapter III. (4) How the State will adopt voting system guidelines and processes which are consistent with the requirements of section 21081 of this title. (5) How the State will establish a fund de- scribed in subsection (b) for purposes of ad- ministering the State’s activities under this subpart, including information on fund man- agement. (6) The State’s proposed budget for activities under this subpart, based on the State’s best estimates of the costs of such activities and the amount of funds to be made available, in- cluding specific information on— (A) the costs of the activities required to be carried out to meet the requirements of subchapter III; (B) the portion of the requirements pay- ment which will be used to carry out activi- ties to meet such requirements; and (C) the portion of the requirements pay- ment which will be used to carry out other activities. (7) How the State, in using the requirements payment, will maintain the expenditures of the State for activities funded by the payment at a level that is not less than the level of such expenditures maintained by the State for the fiscal year ending prior to November 2000. (8) How the State will adopt performance goals and measures that will be used by the State to determine its success and the success of units of local government in the State in carrying out the plan, including timetables for meeting each of the elements of the plan, de- scriptions of the criteria the State will use to measure performance and the process used to develop such criteria, and a description of which official is to be held responsible for en- suring that each performance goal is met. (9) A description of the uniform, nondiscrim- inatory State-based administrative complaint procedures in effect under section 21112 of this title. (10) If the State received any payment under subchapter I, a description of how such pay- ment will affect the activities proposed to be carried out under the plan, including the amount of funds available for such activities. (11) How the State will conduct ongoing management of the plan, except that the State may not make any material change in the ad- ministration of the plan unless notice of the change— (A) is developed and published in the Fed- eral Register in accordance with section 21005 of this title in the same manner as the State plan; (B) is subject to public notice and com- ment in accordance with section 21006 of this title in the same manner as the State plan; and (C) takes effect only after the expiration of the 30-day period which begins on the date notice of the change is published in the Fed- eral Register in accordance with subpara- graph (A). (12) In the case of a State with a State plan in effect under this part during the previous fiscal year, a description of how the plan re- flects changes from the State plan for the pre- vious fiscal year and of how the State suc- ceeded in carrying out the State plan for such previous fiscal year. (13) A description of the committee which participated in the development of the State plan in accordance with section 21005 of this title and the procedures followed by the com- mittee under such section and section 21006 of this title. (14) How the State will comply with the pro- visions and requirements of and amendments made by the Military and Overseas Voter Em- powerment Act. (b) Requirements for election fund (1) Election fund described For purposes of subsection (a)(5), a fund de- scribed in this subsection with respect to a State is a fund which is established in the treasury of the State government, which is used in accordance with paragraph (2), and which consists of the following amounts: (A) Amounts appropriated or otherwise made available by the State for carrying out the activities for which the requirements payment is made to the State under this subpart. (B) The requirements payment made to the State under this subpart. (C) Such other amounts as may be appro- priated under law. (D) Interest earned on deposits of the fund. (2) Use of fund Amounts in the fund shall be used by the State exclusively to carry out the activities for which the requirements payment is made to the State under this subpart. (3) Treatment of States that require changes to State law In the case of a State that requires State legislation to establish the fund described in this subsection, the Commission shall defer disbursement of the requirements payment to such State until such time as legislation es- tablishing the fund is enacted. (c) Protection against actions based on informa- tion in plan (1) In general No action may be brought under this chapter against a State or other jurisdiction on the basis of any information contained in the State plan filed under this subpart. Page 71 TITLE 52—VOTING AND ELECTIONS § 21008 1 See References in Text note below. (2) Exception for criminal acts Paragraph (1) may not be construed to limit the liability of a State or other jurisdiction for criminal acts or omissions. (Pub. L. 107–252, title II, § 254, Oct. 29, 2002, 116 Stat. 1694; Pub. L. 111–84, div. A, title V, § 588(b)(1)(A), Oct. 28, 2009, 123 Stat. 2333; Pub. L. 112–74, div. C, title VI, § 622(3), (4), Dec. 23, 2011, 125 Stat. 927.) Editorial Notes REFERENCES IN TEXT Subchapter III, referred to in subsec. (a)(1), (3), (6)(A), was in the original ‘‘title III’’, meaning 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 classification of title III to the Code, see Tables. The Military and Overseas Voter Empowerment Act, referred to in subsec. (a)(14), is subtitle H (§§ 575–589) of title V of div. A of Pub. L. 111–84, Oct. 28, 2009, 123 Stat. 2318. For complete classification of this Act to the Code, see Tables. 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 15404 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2011—Subsec. (a)(11). Pub. L. 112–74 inserted ‘‘notice of’’ before ‘‘the change’’ in introductory provisions and subpar. (C). 2009—Subsec. (a)(14). Pub. L. 111–84 added par. (14). § 21005. Process for development and filing of plan; publication by Commission (a) In general The chief State election official shall develop the State plan under this part through a com- mittee of appropriate individuals, including the chief election officials of the two most populous jurisdictions within the States, other local elec- tion officials, stake holders (including rep- resentatives of groups of individuals with dis- abilities), and other citizens, appointed for such purpose by the chief State election official. (b) Publication of plan by Commission After receiving the State plan of a State under this part, the Commission shall cause to have the plan posted on the Commission’s website with a notice published in the Federal Register. (Pub. L. 107–252, title II, § 255, Oct. 29, 2002, 116 Stat. 1697; Pub. L. 112–74, div. C, title VI, § 622(1), Dec. 23, 2011, 125 Stat. 926.) Editorial Notes CODIFICATION Section was formerly classified to section 15405 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2011—Subsec. (b). Pub. L. 112–74 inserted ‘‘posted on the Commission’s website with a notice’’ after ‘‘cause to have the plan’’. § 21006. Requirement for public notice and com- ment For purposes of section 21001(a)(1)(C) 1 of this title, a State plan meets the public notice and comment requirements of this section if— (1) not later than 30 days prior to the sub- mission of the plan, the State made a prelimi- nary version of the plan available for public inspection and comment; (2) the State publishes notice that the pre- liminary version of the plan is so available; and (3) the State took the public comments made regarding the preliminary version of the plan into account in preparing the plan which was filed with the Commission. (Pub. L. 107–252, title II, § 256, Oct. 29, 2002, 116 Stat. 1697.) Editorial Notes REFERENCES IN TEXT Section 21001(a)(1)(C) of this title, referred to in text, probably should be a reference to section 21003(b)(1)(C) of this title because there is no subsec. (a)(1)(C) in sec- tion 21001 and subsec. (b)(1)(C) of section 21003 relates to public notice and comment requirements of section 21006 of this title. CODIFICATION Section was formerly classified to section 15406 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 21007. Authorization of appropriations (a) In general In addition to amounts transferred under sec- tion 20904(c) of this title, there are authorized to be appropriated for requirements payments under this subpart the following amounts: (1) For fiscal year 2003, $1,400,000,000. (2) For fiscal year 2004, $1,000,000,000. (3) For fiscal year 2005, $600,000,000. (4) For fiscal year 2010 and subsequent fiscal years, such sums as are necessary for purposes of making requirements payments to States to carry out the activities described in section 21001(b)(3) of this title. (b) Availability Any amounts appropriated pursuant to the au- thority of subsection (a) shall remain available without fiscal year limitation until expended. (Pub. L. 107–252, title II, § 257, Oct. 29, 2002, 116 Stat. 1697; Pub. L. 111–84, div. A, title V, § 588(c), Oct. 28, 2009, 123 Stat. 2334.) Editorial Notes CODIFICATION Section was formerly classified to section 15407 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2009—Subsec. (a)(4). Pub. L. 111–84 added par. (4). § 21008. Reports Not later than 6 months after the end of each fiscal year for which a State received a require-