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Pub.L. 107-253 To authorize the National Oceanic and Atmospheric Administration, ...
[[Page 1665]] HELP AMERICA VOTE ACT OF 2002 [[Page 116 STAT. 1666]] Public Law 107-252 107th Congress An Act To establish a program to provide funds to States to replace punch card voting systems, to establish the Election Assistance Commission to assist in the administration of Federal elections and to otherwise provide assistance with the administration of certain Federal election laws and programs, to establish minimum election administration standards for States and units of local government with responsibility for the administration of Federal elections, and for other purposes. <<NOTE: Oct. 29, 2002 - [H.R. 3295]>> Be it enacted by the Senate and House of <<NOTE: Help America Vote Act of 2002.>> Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short <<NOTE: 42 USC 15301 note.>> Title.--This Act may be cited as the ``Help America Vote Act of 2002''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--PAYMENTS TO STATES FOR ELECTION ADMINISTRATION IMPROVEMENTS AND REPLACEMENT OF PUNCH CARD AND LEVER VOTING MACHINES Sec. 101. Payments to States for activities to improve administration of elections. Sec. 102. Replacement of punch card or lever voting machines. Sec. 103. Guaranteed minimum payment amount. Sec. 104. Authorization of appropriations. Sec. 105. Administration of programs. Sec. 106. Effective date. TITLE II--COMMISSION Subtitle A--Establishment and General Organization Part 1--Election Assistance Commission Sec. 201. Establishment. Sec. 202. Duties. Sec. 203. Membership and appointment. Sec. 204. Staff. Sec. 205. Powers. Sec. 206. Dissemination of information. Sec. 207. Annual report. Sec. 208. Requiring majority approval for actions. Sec. 209. Limitation on rulemaking authority. Sec. 210. Authorization of appropriations. Part 2--Election Assistance Commission Standards Board and Board of Advisors Sec. 211. Establishment. Sec. 212. Duties. Sec. 213. Membership of Standards Board. Sec. 214. Membership of Board of Advisors. Sec. 215. Powers of Boards; no compensation for service. Sec. 216. Status of Boards and members for purposes of claims against Board. [[Page 116 STAT. 1667]] Part 3--Technical Guidelines Development Committee Sec. 221. Technical Guidelines Development Committee. Sec. 222. Process for adoption. Subtitle B--Testing, Certification, Decertification, and Recertification of Voting System Hardware and Software Sec. 231. Certification and testing of voting systems. Subtitle C--Studies and Other Activities To Promote Effective Administration of Federal Elections Sec. 241. Periodic studies of election administration issues. Sec. 242. Study, report, and recommendations on best practices for facilitating military and overseas voting. Sec. 243. Report on human factor research. Sec. 244. Study and report on voters who register by mail and use of social security information. Sec. 245. Study and report on electronic voting and the electoral process. Sec. 246. Study and report on free absentee ballot postage. Sec. 247. Consultation with Standards Board and Board of Advisors. Subtitle D--Election Assistance Part 1--Requirements Payments Sec. 251. Requirements payments. Sec. 252. Allocation of funds. Sec. 253. Condition for receipt of funds. Sec. 254. State plan. Sec. 255. Process for development and filing of plan; publication by Commission. Sec. 256. Requirement for public notice and comment. Sec. 257. Authorization of appropriations. Sec. 258. Reports. Part 2--Payments to States and Units of Local Government To Assure Access for Individuals With Disabilities Sec. 261. Payments to States and units of local government to assure access for individuals with disabilities. Sec. 262. Amount of payment. Sec. 263. Requirements for eligibility. Sec. 264. Authorization of appropriations. Sec. 265. Reports. Part 3--Grants for Research on Voting Technology Improvements Sec. 271. Grants for research on voting technology improvements. Sec. 272. Report. Sec. 273. Authorization of appropriations. Part 4--Pilot Program for Testing of Equipment and Technology Sec. 281. Pilot program. Sec. 282. Report. Sec. 283. Authorization of appropriations. Part 5--Protection and Advocacy Systems Sec. 291. Payments for protection and advocacy systems. Sec. 292. Authorization of appropriations. Part 6--National Student and Parent Mock Election Sec. 295. National Student and Parent Mock Election. Sec. 296. Authorization of appropriations. TITLE III--UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY AND ADMINISTRATION REQUIREMENTS Subtitle A--Requirements Sec. 301. Voting systems standards. Sec. 302. Provisional voting and voting information requirements. Sec. 303. Computerized statewide voter registration list requirements and requirements for voters who register by mail. Sec. 304. Minimum requirements. [[Page 116 STAT. 1668]] Sec. 305. Methods of implementation left to discretion of State. Subtitle B--Voluntary Guidance Sec. 311. Adoption of voluntary guidance by Commission. Sec. 312. Process for adoption. TITLE IV--ENFORCEMENT Sec. 401. Actions by the Attorney General for declaratory and injunctive relief. Sec. 402. Establishment of State-based administrative complaint procedures to remedy grievances. TITLE V--HELP AMERICA VOTE COLLEGE PROGRAM Sec. 501. Establishment of program. Sec. 502. Activities under program. Sec. 503. Authorization of appropriations. TITLE VI--HELP AMERICA VOTE FOUNDATION Sec. 601. Help America Vote Foundation. TITLE VII--VOTING RIGHTS OF MILITARY MEMBERS AND OVERSEAS CITIZENS Sec. 701. Voting assistance programs. Sec. 702. Designation of single State office to provide information on registration and absentee ballots for all voters in State. Sec. 703. Report on absentee ballots transmitted and received after general elections. Sec. 704. Extension of period covered by single absentee ballot application. Sec. 705. Additional duties of Presidential designee under Uniformed and Overseas Citizens Absentee Voting Act. Sec. 706. Prohibition of refusal of voter registration and absentee ballot applications on grounds of early submission. Sec. 707. Other requirements to promote participation of overseas and absent uniformed services voters. TITLE VIII--TRANSITION PROVISIONS Subtitle A--Transfer to Commission of Functions Under Certain Laws Sec. 801. Federal Election Campaign Act of 1971. Sec. 802. National Voter Registration Act of 1993. Sec. 803. Transfer of property, records, and personnel. Sec. 804. Effective date; transition. Subtitle B--Coverage of Commission Under Certain Laws and Programs Sec. 811. Treatment of Commission personnel under certain civil service laws. Sec. 812. Coverage under Inspector General Act of 1978. TITLE IX--MISCELLANEOUS PROVISIONS Sec. 901. State defined. Sec. 902. Audits and repayment of funds. Sec. 903. Clarification of ability of election officials to remove registrants from official list of voters on grounds of change of residence. Sec. 904. Review and report on adequacy of existing electoral fraud statutes and penalties. Sec. 905. Other criminal penalties. Sec. 906. No effect on other laws. TITLE I--PAYMENTS TO STATES FOR ELECTION ADMINISTRATION IMPROVEMENTS AND REPLACEMENT OF PUNCH CARD AND LEVER VOTING MACHINES SEC. 101. <<NOTE: 42 USC 15301.>> PAYMENTS TO STATES FOR ACTIVITIES TO IMPROVE ADMINISTRATION OF ELECTIONS. (a) In <<NOTE: Deadlines. Notification.>> General.--Not later than 45 days after the date of the enactment of this Act, the Administrator of General Services [[Page 116 STAT. 1669]] (in this title 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 the date of the enactment of this Act that the State intends to use the payment in accordance with this section. (b) Use of Payment.-- (1) In general.--A 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 title 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 part 1 of subtitle D of title 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) Limitation.--A 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 Requirements.--In 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 906, as such laws relate to the provisions of this Act; and (2) the proposed uses of the funds are not inconsistent with the requirements of title III. (d) Amount of Payment.--
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