§21003 — Title 52 Voting and Elections | U.S. Code

Summary

A State can get a requirements payment for a fiscal year only after the governor (or the governor’s designee), working with the chief State election official, files a certification with the Commission saying the State meets several listed requirements. The State can meet this by filing a short written statement that names the State and says it is in compliance with the requirements in section 253(b) of the Help America Vote Act of 2002. The required items include: a State plan for the fiscal year that contains the elements in section 21004(a), is developed under section 21005, and met public notice and comment under section 21006; a plan and procedures for nondiscriminatory administrative complaints under section 21112; compliance with the laws named in section 21145; limits on using the payment for other activities so those uses fit subchapter III and section 21001(b); and a State appropriation equal to 5 percent of the total spending for those activities (plus any required reimbursement amount). The choice of how to meet plan elements is up to the State. A State may not file the certification until 45 days after the State plan notice appears in the Federal Register (or 30 days for years after the first). The “chief State election official” is the person the State named under the National Voter Registration Act to coordinate that Act.

Title 52, §21003

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(a)A State is eligible to receive a requirements payment for a fiscal year if the chief executive officer of the State, or designee, in consultation and coordination with the chief State election official, has filed with the Commission a statement certifying that the State is in compliance with the requirements referred to in subsection (b). A State may meet the requirement of the previous sentence by filing with the Commission a statement which reads as follows: “______ hereby certifies that it is in compliance with the requirements referred to in section 253(b) of the Help America Vote Act of 2002.” (with the blank to be filled in with the name of the State involved).

(b)The 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 section 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.

(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)The specific choices on the methods of complying with the elements of a State plan shall be left to the discretion of the State.

(d)A State may not file a statement of certification under subsection (a) until the expiration of the 45-day period (or, in the case of a fiscal year other than the first fiscal year for which a requirements payment is made to the State under this part, the 30-day period) which begins on the date notice of the State plan under this part is published in the Federal Register pursuant to section 21005(b) of this title.

(e)In this part, the “chief State election official” of a State is the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–8) [now 52 U.S.C. 20509] to be responsible for coordination of the State’s responsibilities under such Act.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 253(b) of the Help America Vote Act of 2002, referred to in subsec. (a), is classified to subsec. (b) of this section. This chapter, referred to in subsec. (b)(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. Subchapter III, referred to in subsec. (b)(4), was in the original “title III”, meaning title III of Pub. L. 107–252, Oct. 29, 2002, 116 Stat. 1704, which is classified principally to subchapter III (§ 21081 et seq.) of this chapter. For complete classification of title III to the Code, see Tables. The National Voter Registration Act of 1993, referred to in subsec. (e), is Pub. L. 103–31, May 20, 1993, 107 Stat. 77, which is classified principally to chapter 205 (§ 20501 et seq.) of this title. For complete classification of this Act to the Code, see Tables. Codification Section was formerly classified to section 15403 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.

Amendments

2011—Subsec. (d). Pub. L. 112–74 inserted “notice of” before “the State plan”. 2009—Subsec. (b)(1)(A). Pub. L. 111–84, § 588(b)(1)(B), substituted “section 15404(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 15407(a)(4) of this title, contains the element described in paragraph (14) of such section)” for “section 15404 of this title”. Subsec. (b)(2). Pub. L. 111–84, § 588(b)(2), designated existing provisions as subpar. (A), substituted “Subject to subparagraph (B), the State” for “The State”, and added subpar. (B). Subsec. (b)(5). Pub. L. 111–84, § 588(b)(3), designated existing provisions as subpar. (A), substituted “Subject to subparagraph (B), the State” for “The State”, and added subpar. (B).

§21003 Condition for Receipt of Funds