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

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                      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.

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           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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