- § 20901. Payments to States for activities to improve administration of elections
- § 20902. Replacement of punch card or lever voting machines
- § 20903. Guaranteed minimum payment amount
- § 20904. Authorization of appropriations
- § 20905. Administration of programs
- § 20906. Effective date
§ 20901. Payments to States for activities to improve administration of elections
(a) In general
(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 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) 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 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 general
(2) Minimum payment amount
The 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 amount
The 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 defined
The 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).
(Pub. L. 107–252, title I, § 101, Oct. 29, 2002, 116 Stat. 1668.)
§ 20902. Replacement of punch card or lever voting machines
(a) Establishment of program
(1) In general
(2) Use of funds
A 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 general
(B) Waiver
(b) Eligibility
(1) In general
A 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 law
(c) Amount of payment
(1) In general
Subject 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) Reduction
(d) Repayment of funds for failure to meet deadlines
(1) In general
(2) Noncompliant precinct percentage defined
In 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 defined
For 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.
(Pub. L. 107–252, title I, § 102, Oct. 29, 2002, 116 Stat. 1670; Pub. L. 110–28, title VI, § 6301(a), May 25, 2007, 121 Stat. 171; Pub. L. 111–8, div. D, title VI, § 625(a), Mar. 11, 2009, 123 Stat. 678.)
§ 20903. Guaranteed minimum payment amount
(a) In general
(b) Pro rata reductions
(Pub. L. 107–252, title I, § 103, Oct. 29, 2002, 116 Stat. 1672.)
§ 20904. Authorization of appropriations
(a) In general
There 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 appropriation
(c) Use of returned funds and funds remaining unexpended for requirements payments
(1) In general
(2) Amounts described
The 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 fund
(e) Authorization of appropriations for Administrator
(Pub. L. 107–252, title I, § 104, Oct. 29, 2002, 116 Stat. 1672.)
§ 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.
(Pub. L. 107–252, title I, § 105, Oct. 29, 2002, 116 Stat. 1673.)
§ 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.
(Pub. L. 107–252, title I, § 106, Oct. 29, 2002, 116 Stat. 1673.)