Home > 107th Congressional Public Laws > Pub.L. 107-253 To authorize the National Oceanic and Atmospheric Administration, ...

Pub.L. 107-253 To authorize the National Oceanic and Atmospheric Administration, ...


Google
 
Web GovRecords.org



[[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.--

Pages: 1 2 3 4 5 6 Next >>

Other Popular 107th Congressional Public Laws Documents:

1 P.R. 001 () For the relief of Rita Mirembe Revell (a.k.a. Margaret Rita Mirembe). <> [Document Status (Version] ...
2 Pub.L. 107-272 To redesignate the facility of the United States Postal Service located at 6910 South Yorktown Avenue in Tulsa, Oklahoma, as the ``Robert Wayne Jenkins Station''. <> ...
3 Pub.L. 107-369 To revise the boundary of the Allegheny Portage Railroad National Historic Site, and for other purposes. <> ...
4 Pub.L. 107-244 Making further continuing appropriations for the fiscal year 2003, and for other purposes. <> ...
5 Pub.L. 107-160 To designate the facility of the United States Postal Service located at 3698 Inner Perimeter Road in Valdosta, Georgia, as the ``Major Lyn McIntosh Post Office Building''. <> ...
6 Pub.L. 107-302 To authorize the Court Services and Offender Supervision Agency of the District of Columbia to provide for the interstate supervision of offenders on parole, probation, and supervised release. <> %%Filename:...
7 Pub.L. 107-215 To expand the boundary of the Booker T. Washington National Monument, and for other purposes. <> ...
8 Pub.L. 107-288 To amend title 38, United States Code, to revise and improve employment, training, and placement services furnished to veterans, and for other purposes. <> ...
9 Pub.L. 107-054 Providing for the reappointment of Anne d'Harnoncourt as a citizen regent of the Board of Regents of the Smithsonian Institution. <> ...
10 Pub.L. 107-238 To modify the boundary of Vicksburg National Military Park to include the property known as Pemberton's Headquarters, and for other purposes. <> ...
11 Pub.L. 107-147 To provide tax incentives for economic recovery. <> ...
12 Pub.L. 107-376 To extend the deadline for commencement of construction of a hydroelectric project in the State of Oregon. <> ...
13 Pub.L. 107-077 Making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 2002, and for other purposes. <> ...
14 Pub.L. 107-358 To repeal the sunset of the Economic Growth and Tax Relief Reconciliation Act of 2001 with respect to the exclusion from Federal income tax for restitution received by victims of the Nazi Regime. <> %%File...
15 P.R. 006 () For the relief of So Hyun Jun. <> [Document Status (Version] ...
16 Pub.L. 107-008 To extend for 11 additional months the period for which chapter 12 of title 11 of the United States Code is reenacted. <> ...
17 Pub.L. 107-021 To honor Paul D. Coverdell. <> ...
18 Pub.L. 107-214 To amend the National Trails System Act to designate the route in ...
19 Pub.L. 107-144 To designate the facility of the United States Postal Service located at 811 South Main Street in Yerington, Nevada, as the ``Joseph E. Dini, Jr. Post Office''. <> ...
20 Pub.L. 107-370 To designate certain lands in the State of California as components of the National Wilderness Preservation System, and for other purposes. <> ...
21 P.R. 004 () For the relief of Eugene Makuch. <> [Document Status (Version] ...
22 Pub.L. 107-201 To authorize the Secretary of the Treasury to purchase silver on the open market when the silver stockpile is depleted, to be used to mint coins. <> ...
23 Pub.L. 107-097 Making further continuing appropriations for the fiscal year 2002, and for other purposes. <> ...
24 Pub.L. 107-088 To redesignate the facility of the United States Postal Service located at 5472 Crenshaw Boulevard in Los Angeles, California, as the ``Congressman Julian C. Dixon Post Office''. <> ...
25 Pub.L. 107-301 To facilitate the use of a portion of the former O'Reilly General ...
26 Pub.L. 107-344 To amend the Reclamation Wastewater and Groundwater Study and Facilities ...
27 Pub.L. 107-109 To amend the Federal Food, Drug, and Cosmetic Act to improve the safety and efficacy of pharmaceuticals for children. <> ...
28 Pub.L. 107-027 To amend title 5, United States Code, to provide that the mandatory separation age for Federal firefighters be made the same as the age that applies with respect to Federal law enforcement officers. <> %%Fil...
29 Pub.L. 107-367 To reauthorize the Mni Wiconi Rural Water Supply Project. <> ...
30 Pub.L. 107-222 To amend title X of the Energy Policy Act of 1992, and for other purposes. <> ...


Other Documents:

107th Congressional Public Laws Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy