Title 52Voting and ElectionsRelease 119-73

§20985 Study and report on electronic voting and the electoral process

Title 52 › Subtitle Subtitle II— - Voting Assistance and Election Administration › Chapter CHAPTER 209— - ELECTION ADMINISTRATION IMPROVEMENT › Subchapter SUBCHAPTER II— - COMMISSION › Part Part C— - Studies and Other Activities To Promote Effective Administration of Federal Elections › § 20985

Last updated Apr 6, 2026|Official source

Summary

The Commission must do a full study of the problems and risks, especially the chance of election fraud, that come from using communications and Internet technology in Federal, State, and local elections. The study may also look at things like security and certification standards; ways to register and let people vote online and what laws would be needed; effects on turnout, voter education, accessibility, outside influence, privacy, and anonymity; whether candidate information and communication could improve online; rules for collecting, storing, and processing electronic messages used to register or vote (including absentee ballots); the costs to set up and run online systems and any cost savings; current and near‑future technologies election officials might use; ways to make access fair for all voters; and how technology could affect the speed and accuracy of vote counts. No later than 20 months after October 29, 2002, the Commission must send a report on the study to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate, including any suggested laws or model State rules to address its findings. The Commission must also post that report on an Internet website, in addition to other required distribution.

Full Legal Text

Title 52, §20985

Voting and Elections — Source: USLM XML via OLRC

(a)(1)The Commission shall conduct a thorough study of issues and challenges, specifically to include the potential for election fraud, presented by incorporating communications and Internet technologies in the Federal, State, and local electoral process.
(2)The Commission may include in the study conducted under paragraph (1) an examination of—
(A)the appropriate security measures required and minimum standards for certification of systems or technologies in order to minimize the potential for fraud in voting or in the registration of qualified citizens to register and vote;
(B)the possible methods, such as Internet or other communications technologies, that may be utilized in the electoral process, including the use of those technologies to register voters and enable citizens to vote online, and recommendations concerning statutes and rules to be adopted in order to implement an online or Internet system in the electoral process;
(C)the impact that new communications or Internet technology systems for use in the electoral process could have on voter participation rates, voter education, public accessibility, potential external influences during the elections process, voter privacy and anonymity, and other issues related to the conduct and administration of elections;
(D)whether other aspects of the electoral process, such as public availability of candidate information and citizen communication with candidates, could benefit from the increased use of online or Internet technologies;
(E)the requirements for authorization of collection, storage, and processing of electronically generated and transmitted digital messages to permit any eligible person to register to vote or vote in an election, including applying for and casting an absentee ballot;
(F)the implementation cost of an online or Internet voting or voter registration system and the costs of elections after implementation (including a comparison of total cost savings for the administration of the electoral process by using Internet technologies or systems);
(G)identification of current and foreseeable online and Internet technologies for use in the registration of voters, for voting, or for the purpose of reducing election fraud, currently available or in use by election authorities;
(H)the means by which to ensure and achieve equity of access to online or Internet voting or voter registration systems and address the fairness of such systems to all citizens; and
(I)the impact of technology on the speed, timeliness, and accuracy of vote counts in Federal, State, and local elections.
(b)(1)Not later than 20 months after October 29, 2002, the Commission shall transmit to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate a report on the results of the study conducted under subsection (a), including such legislative recommendations or model State laws as are required to address the findings of the Commission.
(2)In addition to the dissemination requirements under chapter 19 of title 44, the Election Administration Commission shall post the report transmitted under paragraph (1) on an Internet website.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 15385 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Reference

Citations & Metadata

Citation

52 U.S.C. § 20985

Title 52Voting and Elections

Last Updated

Apr 6, 2026

Release point: 119-73