Title 52, Voting and ElectionsRelease 119-110

§20961 Technical Guidelines Development Committee

Title 52 › Subtitle II — Voting Assistance and Election Administration › CHAPTER 209 — ELECTION ADMINISTRATION IMPROVEMENT › SUBCHAPTER II — COMMISSION › Part A — Establishment and General Organization › subpart 3 — technical guidelines development committee › § 20961

Last updated Sep 22, 2026|Official source

Summary

Creates a Technical Guidelines Development Committee to help the Commission’s Executive Director make voluntary voting system guidelines. The Committee must give its first recommendations within 9 months after all members are appointed. The Director of the National Institute of Standards and Technology must chair the Committee, which also includes 14 other people chosen together by the Commission and that Director. Those 14 include equal numbers from three advisory boards, a representative of the American National Standards Institute, a representative of the Institute of Electrical and Electronics Engineers, two state election directors picked by the National Association of State Election Directors who are not on the boards and who are from different political parties, and other technical experts. A majority of members makes a quorum, and the group cannot do business until every member is appointed. Members get no pay but do receive travel expenses and per diem at the federal employee rates under subchapter I of chapter 57 of title 5. At the Committee’s request, the National Institute of Standards and Technology must provide technical help and research on topics like computer and network security, fraud detection and prevention, voter privacy, human factors and assistive technologies, and remote/Internet voting. No private company can claim intellectual property rights over any guideline content the Commission adopts. When the Commission adopts a guideline, the Committee must publish its recommendations about that guideline in the Federal Register at the same time.

Full Legal Text

Title 52, §20961

Voting and Elections, Source: USLM XML via OLRC

(a)Establishment
There is hereby established the Technical Guidelines Development Committee (hereafter in this subpart referred to as the “Development Committee”).
(b)Duties
(1)In general
The Development Committee shall assist the Executive Director of the Commission in the development of the voluntary voting system guidelines.
(2)Deadline for initial set of recommendations
The Development Committee shall provide its first set of recommendations under this section to the Executive Director of the Commission not later than 9 months after all of its members have been appointed.
(c)Membership
(1)In general
The Development Committee shall be composed of the Director of the National Institute of Standards and Technology (who shall serve as its chair), together with a group of 14 other individuals appointed jointly by the Commission and the Director of the National Institute of Standards and Technology, consisting of the following:
(A)An equal number of each of the following:
(i)Members of the Standards Board.
(ii)Members of the Board of Advisors.
(iii)Members of the Architectural and Transportation Barrier Compliance Board under section 792 of title 29.
(B)A representative of the American National Standards Institute.
(C)A representative of the Institute of Electrical and Electronics Engineers.
(D)Two representatives of the National Association of State Election Directors selected by such Association who are not members of the Standards Board or Board of Advisors, and who are not of the same political party.
(E)Other individuals with technical and scientific expertise relating to voting systems and voting equipment.
(2)Quorum
A majority of the members of the Development Committee shall constitute a quorum, except that the Development Committee may not conduct any business prior to the appointment of all of its members.
(d)No compensation for service
Members of the Development Committee shall not receive any compensation for their service, but shall be paid travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, while away from their homes or regular places of business in the performance of services for the Development Committee.
(e)Technical support from National Institute of Standards and Technology
(1)In general
At the request of the Development Committee, the Director of the National Institute of Standards and Technology shall provide the Development Committee with technical support necessary for the Development Committee to carry out its duties under this part.
(2)Technical support
The technical support provided under paragraph (1) shall include intramural research and development in areas to support the development of the voluntary voting system guidelines under this subpart, including—
(A)the security of computers, computer networks, and computer data storage used in voting systems, including the computerized list required under section 21083(a) of this title;
(B)methods to detect and prevent fraud;
(C)the protection of voter privacy;
(D)the role of human factors in the design and application of voting systems, including assistive technologies for individuals with disabilities (including blindness) and varying levels of literacy; and
(E)remote access voting, including voting through the Internet.
(3)No private sector intellectual property rights in guidelines
No private sector individual or entity shall obtain any intellectual property rights to any guideline or the contents of any guideline (or any modification to any guideline) adopted by the Commission under this chapter.
(f)Publication of recommendations in Federal Register
At the time the Commission adopts any voluntary voting system guideline pursuant to section 20962 of this title, the Development Committee shall cause to have published in the Federal Register the recommendations it provided under this section to the Executive Director of the Commission concerning the guideline adopted.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (e)(3), was in the original “this Act”, meaning Pub. L. 107–252, Oct. 29, 2002, 116 Stat. 1666, known as the Help America Vote Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables. Codification Section was formerly classified to section 15361 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. § 20961

Title 52, Voting and Elections

Last Updated

Sep 22, 2026

Release point: 119-110