View all text of Subpart 1 [§ 21001 - § 21008]
§ 21003. Condition for receipt of funds
(a) In general
(b) State plan requirement; certification of compliance with applicable laws and requirementsThe requirements referred to in this subsection are as follows:
(1) The State has filed with the Commission a State plan covering the fiscal year which the State certifies—
(A) contains each of the elements described in section 21004(a) of this title (or, for purposes of determining the eligibility of a State to receive a requirements payment appropriated pursuant to the authorization provided under section 21007(a)(4) of this title, contains the element described in paragraph (14) of such section) with respect to the fiscal year;
(B) is developed in accordance with section 21005 of this title; and
(C) meets the public notice and comment requirements of section 21006 of this title.
(2)
(A) Subject to subparagraph (B), the State has filed with the Commission a plan for the implementation of the uniform, nondiscriminatory administrative complaint procedures required under section 21112 of this title (or has included such a plan in the State plan filed under paragraph (1)), and has such procedures in place for purposes of meeting the requirements of such section. If the State does not include such an implementation plan in the State plan filed under paragraph (1), the requirements of sections 21005(b) and 21006 of this title shall apply to the implementation plan in the same manner as such requirements apply to the State plan.
(B) Subparagraph (A) shall not apply for purposes of determining the eligibility of a State to receive a requirements payment appropriated pursuant to the authorization provided under section 21007(a)(4) of this title.
(3) The State is in compliance with each of the laws described in section 21145 of this title, as such laws apply with respect to this chapter.
(4) To the extent that any portion of the requirements payment is used for activities other than meeting the requirements of subchapter III—
(A) the State’s proposed uses of the requirements payment are not inconsistent with the requirements of subchapter III; and
(B) the use of the funds under this paragraph is consistent with the requirements of section 21001(b) of this title.
(5)
(A) Subject to subparagraph (B), the State has appropriated funds for carrying out the activities for which the requirements payment is made in an amount equal to 5 percent of the total amount to be spent for such activities (taking into account the requirements payment and the amount spent by the State) and, in the case of a State that uses a requirements payment as a reimbursement under section 21001(c)(2) of this title, an additional amount equal to the amount of such reimbursement.
(B) Subparagraph (A) shall not apply for purposes of determining the eligibility of a State to receive a requirements payment appropriated pursuant to the authorization provided under section 21007(a)(4) of this title for fiscal year 2010, except that if the State does not appropriate funds in accordance with subparagraph (A) prior to the last day of fiscal year 2011, the State shall repay to the Commission the requirements payment which is appropriated pursuant to such authorization.
(c) Methods of compliance left to discretion of State
(d) Timing for filing of certification
(e) Chief State election official defined
(Pub. L. 107–252, title II, § 253, Oct. 29, 2002, 116 Stat. 1693; Pub. L. 111–84, div. A, title V, § 588(b)(1)(B)–(3), Oct. 28, 2009, 123 Stat. 2333; Pub. L. 112–74, div. C, title VI, § 622(2), Dec. 23, 2011, 125 Stat. 927.)