USC Subchapter I

USC Subchapter I
in effect

52 U.S.C. § 20901 Payments to States for activities to improve administration of elections

(a) In generalNot later than 45 days after October 29, 2002, the Administrator of General Services (in this subchapter referred to as the “Administrator”) shall establish a program under which the Administrator shall make a payment to each State in which the chief executive officer of the State, or designee, in consultation and coordination with the chief State election official, notifies the Administrator not later than 6 months after October 29, 2002, that the State intends to use the payment in accordance with this section. (b) Use of payment(1) In generalA State shall use the funds provided under a payment made under this section to carry out one or more of the following activities:(A) Complying with the requirements under subchapter III. (B) Improving the administration of elections for Federal office. (C) Educating voters concerning voting procedures, voting rights, and voting technology. (D) Training election officials, poll workers, and election volunteers. (E) Developing the State plan for requirements payments to be submitted under subpart 1 of part D of subchapter II. (F) Improving, acquiring, leasing, modifying, or replacing voting systems and technology and methods for casting and counting votes. (G) Improving the accessibility and quantity of polling places, including providing physical access for individuals with disabilities, providing nonvisual access for individuals with visual impairments, and providing assistance to Native Americans, Alaska Native citizens, and to individuals with limited proficiency in the English language. (H) Establishing toll-free telephone hotlines 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) LimitationA State may not use the funds provided under a payment made under this section—(A) to pay costs associated with any litigation, 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 requirementsIn order to receive a payment under the program 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 consistent with each of the laws described in section 21145 of this title, as such laws relate to the provisions of this chapter; and (2) the proposed uses of the funds are not inconsistent with the requirements of subchapter III. (d) Amount of payment(1) In generalSubject 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 described in paragraph (3). (2) Minimum payment amountThe 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 available 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 amountThe 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 definedThe term “voting age population proportion” 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 decennial census).

52 U.S.C. § 20902 Replacement of punch card or lever voting machines

(a) Establishment of program(1) In generalNot 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 subsection (b) in which a precinct within that State used a punch card voting system or a lever voting system to administer the regularly scheduled general election for Federal office held in November 2000 (in this section referred to as a “qualifying precinct”). (2) Use of fundsA State shall use the funds provided under a payment under this section (either directly or as reimbursement, 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 qualifying precincts 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 requirements of the laws described in section 21145 of this title; and (C) meets the requirements of section 21081 of this title. (3) Deadline(A) In generalExcept as provided in subparagraph (B), a State receiving a payment under the program 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) WaiverIf 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 includes in the certification the reasons for the failure to meet such deadline, the State shall ensure that all of the punch card voting 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 generalA State is eligible to receive a payment under the program under this section if it submits 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 reimbursement, 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 precincts within the State by the deadline described in subsection (a)(3); (B) certifications that the State will continue 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 certifications as the Administrator may require which are necessary for the administration of the program. (2) Compliance of States that require changes to State lawIn the case of a State that requires State legislation to carry out an activity covered by any certification submitted under this subsection, the State shall be permitted to make the certification notwithstanding that the legislation 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 generalSubject 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) ReductionIf the amount of funds appropriated pursuant to the authority of section 20904(a)(2) of this title is insufficient to ensure that each State receives the amount of payment calculated under paragraph (1), the Administrator shall reduce the amount specified in paragraph (1)(B) to ensure that the entire amount appropriated under such section is distributed to the States. (d) Repayment of funds for failure to meet deadlines(1) In generalIf 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 provided to the State under the program. (2) Noncompliant precinct percentage definedIn 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 precincts in the State. (e) Punch card voting system definedFor 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.

52 U.S.C. § 20903 Guaranteed minimum payment amount

(a) In generalIn 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 sentence shall be applied as if each reference to “$5,000,000” were a reference to “$1,000,000”. (b) Pro rata reductionsThe 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).

52 U.S.C. § 20904 Authorization of appropriations

(a) In generalThere 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 appropriationAny payment made to a State under this subchapter 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 generalThe amounts described in paragraph (2) shall be transferred to the Election Assistance Commission (established under subchapter II) and used by the Commission to make requirements payments under subpart 1 of part D of subchapter II. (2) Amounts describedThe amounts referred to in this paragraph are as follows:(A) Any amounts paid to the Administrator by a State under section 20902(d)(1) of this title. (B) Any amounts appropriated for payments under this subchapter which remain unobligated as of September 1, 2003. (d) Deposit of amounts in State election fundWhen 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 AdministratorIn addition to the amounts authorized under subsection (a), there are authorized to be appropriated to the Administrator such sums as may be necessary to administer the programs under this subchapter.

52 U.S.C. § 20905 Administration of programs

In administering the programs under this subchapter, the Administrator shall take such actions as the Administrator considers appropriate to expedite the payment of funds to States.

52 U.S.C. § 20906 Effective date

The Administrator shall implement the programs 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.

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