§20311 — Title 52 Voting and Elections | U.S. Code

Summary

The Presidential designee may set up one or more pilot programs to test new voting technology for absent uniformed services voters and overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.). Important terms: "absent uniformed services voter" — the person named in section 107(1) of that Act (now 52 U.S.C. 20310(1)); "overseas voter" — the person named in section 107(5) of that Act (now 52 U.S.C. 20310(5)); "Presidential designee" — the individual named under section 101(a) of that Act (now 52 U.S.C. 20301(a)). The designee has discretion over how to design and run pilots, but the pilots must not conflict with or replace existing laws, rules, or procedures for military and overseas voting in federal elections. Pilots may look at seven types of issues, including sending electronic voting material over military networks; using VPNs, cryptographic systems, or secure voting stations; securely sending ballot images; keeping and comparing electronic and paper ballot copies; using voting stations on bases; document upload systems; and testing the system in real operational settings. The designee must report progress and results to Congress and recommend more pilots or any needed laws or administrative changes. The Election Assistance Commission and NIST must give best practices or standards under the electronic absentee voting guideline authority in the first sentence of section 1604(a)(2) of the National Defense Authorization Act for Fiscal Year 2002, as amended by section 567 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005. If the Election Assistance Commission has not issued those guidelines by not later than 180 days after October 28, 2009, the Commission must report to the relevant committees of Congress (Senate: Appropriations, Armed Services, Rules and Administration; House: Appropriations, Armed Services, House Administration) explaining why, giving a timeline to finish them, and detailing actions taken since October 28, 2004. Money needed to run these programs is authorized.

Title 52, §20311

Voting and Elections — Source: USLM XML via OLRC

(a)In this section:

(1)The term “absent uniformed services voter” has the meaning given such term in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–6(1)) [now 52 U.S.C. 20310(1)].

(2)The term “overseas voter” has the meaning given such term in section 107(5) of such Act [52 U.S.C. 20310(5)].

(3)The term “Presidential designee” means the individual designated under section 101(a) of such Act [52 U.S.C. 20301(a)].

(b)(1)The Presidential designee may establish 1 or more pilot programs under which the feasibility of new election technology is tested for the benefit of absent uniformed services voters and overseas voters claiming rights under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) [now 52 U.S.C. 20301 et seq.].

(2)The design and conduct of a pilot program established under this subsection—

(A)shall be at the discretion of the Presidential designee; and

(B)shall not conflict with or substitute for existing laws, regulations, or procedures with respect to the participation of absent uniformed services voters and military voters in elections for Federal office.

(c)In conducting a pilot program established under subsection (b), the Presidential designee may consider the following issues:

(1)The transmission of electronic voting material across military networks.

(2)Virtual private networks, cryptographic voting systems, centrally controlled voting stations, and other information security techniques.

(3)The transmission of ballot representations and scanned pictures in a secure manner.

(4)Capturing, retaining, and comparing electronic and physical ballot representations.

(5)Utilization of voting stations at military bases.

(6)Document delivery and upload systems.

(7)The functional effectiveness of the application or adoption of the pilot program to operational environments, taking into account environmental and logistical obstacles and State procedures.

(d)The Presidential designee shall submit to Congress reports on the progress and outcomes of any pilot program conducted under this subsection, together with recommendations—

(1)for the conduct of additional pilot programs under this section; and

(2)for such legislation and administrative action as the Presidential designee determines appropriate.

(e)(1)The Election Assistance Commission and the National Institute of Standards and Technology shall provide the Presidential designee with best practices or standards in accordance with electronic absentee voting guidelines established under the first sentence of section 1604(a)(2) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1277; 42 U.S.C. 1973ff note [now 52 U.S.C. 20301 note]), as amended by section 567 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 1919) to support the pilot program or programs.

(2)In the case in which the Election Assistance Commission has not established electronic absentee voting guidelines under such section 1604(a)(2), as so amended, by not later than 180 days after October 28, 2009, the Election Assistance Commission shall submit to the relevant committees of Congress a report containing the following information:

(A)The reasons such guidelines have not been established as of such date.

(B)A detailed timeline for the establishment of such guidelines.

(C)A detailed explanation of the Commission’s actions in establishing such guidelines since October 28, 2004.

(3)In this subsection, the term “relevant committees of Congress” means—

(A)the Committees on Appropriations, Armed Services, and Rules and Administration of the Senate; and

(B)the Committees on Appropriations, Armed Services, and House Administration of the House of Representatives.

(f)There are authorized to be appropriated such sums as are necessary to carry out this section.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Uniformed and Overseas Citizens Absentee Voting Act, referred to in subsec. (b)(1), is Pub. L. 99–410, Aug. 28, 1986, 100 Stat. 924, which is classified principally to this chapter. section 101 and 107 of the Act are classified to section 20301 and 20310, respectively, of this title. For complete classification of this Act to the Code, see Tables. Codification Section was formerly classified to section 1973ff–7 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification to this title. Section was enacted as part of the Military and Overseas Voter Empowerment Act, and also as part of the National Defense Authorization Act for Fiscal Year 2010, and not as part of title I of the Uniformed and Overseas Citizens Absentee Voting Act, which comprises this chapter.

Amendments

2011—Subsec. (a)(1). Pub. L. 111–383, § 1075(d)(6)(A), substituted “section 107(1)” for “section 107(a)” and “1973ff–6(1)” for “1973ff et seq.” Subsec. (e)(1). Pub. L. 111–383, § 1075(d)(6)(B), substituted “1973ff note” for “1977ff note”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2011 Amendment Pub. L. 111–383, div. A, title X, § 1075(d), Jan. 7, 2011, 124 Stat. 4372, provided that the amendment by section 1075(d)(6) is effective as of Oct. 28, 2009, and as if included in Pub. L. 111–84 as enacted.

§20311 Technology Pilot Program