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§21081 Voting Systems Standards

Title 52 › Subtitle II — Voting Assistance and Election Administration › CHAPTER 209 — ELECTION ADMINISTRATION IMPROVEMENT › SUBCHAPTER III — UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY AND ADMINISTRATION REQUIREMENTS › Part A — Requirements › § 21081

Last updated Sep 22, 2026|Official source

Summary

Require every voting system used in federal elections to let voters check and fix their choices before the ballot is counted. Voters must be able to verify their votes privately, correct mistakes, and get a replacement ballot if needed. If someone marks more than one choice for the same office, the system must warn them, explain what will happen, and let them fix it. States that use paper, punch card, or central-count (including mail) ballots may meet the warning rule by teaching voters about overvotes and giving clear correction instructions. All notices must protect voter privacy. The system must make an audit record, including a permanent paper record that voters can change before it is created and that can be used in recounts. Systems must be accessible to people with disabilities (including nonvisual access for blind voters), must provide alternative-language access under section 10503, and must meet the disability rules for equipment bought with certain funds on or after January 1, 2007. The machine error rate must follow section 3.2.1 of the Federal Election Commission’s voting systems standards in effect on October 29, 2002. Each State must adopt clear, fair rules for what counts as a vote. States must follow these rules on and after January 1, 2006. “Voting system” means (1) the machines, software, and materials used to make ballots, cast and count votes, display results, and keep audit information; and (2) the procedures and documents for identifying parts and versions, testing and tracking errors, making system changes, and giving voters notices, instructions, forms, or paper ballots.

Title 52, §21081

Voting and Elections, Source: USLM XML via OLRC

(a)Requirements

Each voting system used in an election for Federal office shall meet the following requirements:

(1)In general

(A)Except as provided in subparagraph (B), the voting system (including any lever voting system, optical scanning voting system, or direct recording electronic system) shall—

(i)permit the voter to verify (in a private and independent manner) the votes selected by the voter on the ballot before the ballot is cast and counted;

(ii)provide the voter with the opportunity (in a private and independent manner) to change the ballot or correct any error before the ballot is cast and counted (including the opportunity to correct the error through the issuance of a replacement ballot if the voter was otherwise unable to change the ballot or correct any error); and

(iii)if the voter selects votes for more than one candidate for a single office—

(I)notify the voter that the voter has selected more than one candidate for a single office on the ballot;

(II)notify the voter before the ballot is cast and counted of the effect of casting multiple votes for the office; and

(III)provide the voter with the opportunity to correct the ballot before the ballot is cast and counted.

(B)A State or jurisdiction that uses a paper ballot voting system, a punch card voting system, or a central count voting system (including mail-in absentee ballots and mail-in ballots), may meet the requirements of subparagraph (A)(iii) by—

(i)establishing a voter education program specific to that voting system that notifies each voter of the effect of casting multiple votes for an office; and

(ii)providing the voter with instructions on how to correct the ballot before it is cast and counted (including instructions on how to correct the error through the issuance of a replacement ballot if the voter was otherwise unable to change the ballot or correct any error).

(C)The voting system shall ensure that any notification required under this paragraph preserves the privacy of the voter and the confidentiality of the ballot.

(2)Audit capacity

(A)In general

The voting system shall produce a record with an audit capacity for such system.

(B)Manual audit capacity

(i)The voting system shall produce a permanent paper record with a manual audit capacity for such system.

(ii)The voting system shall provide the voter with an opportunity to change the ballot or correct any error before the permanent paper record is produced.

(iii)The paper record produced under subparagraph (A) shall be available as an official record for any recount conducted with respect to any election in which the system is used.

(3)Accessibility for individuals with disabilities

The voting system shall—

(A)be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters;

(B)satisfy the requirement of subparagraph (A) through the use of at least one direct recording electronic voting system or other voting system equipped for individuals with disabilities at each polling place; and

(C)if purchased with funds made available under subchapter II on or after January 1, 2007, meet the voting system standards for disability access (as outlined in this paragraph).

(4)Alternative language accessibility

The voting system shall provide alternative language accessibility pursuant to the requirements of section 10503 of this title.

(5)Error rates

The error rate of the voting system in counting ballots (determined by taking into account only those errors which are attributable to the voting system and not attributable to an act of the voter) shall comply with the error rate standards established under section 3.2.1 of the voting systems standards issued by the Federal Election Commission which are in effect on October 29, 2002.

(6)Uniform definition of what constitutes a vote

Each State shall adopt uniform and nondiscriminatory standards that define what constitutes a vote and what will be counted as a vote for each category of voting system used in the State.

(b)Voting system defined

In this section, the term “voting system” means—

(1)the total combination of mechanical, electromechanical, or electronic equipment (including the software, firmware, and documentation required to program, control, and support the equipment) that is used—

(A)to define ballots;

(B)to cast and count votes;

(C)to report or display election results; and

(D)to maintain and produce any audit trail information; and

(2)the practices and associated documentation used—

(A)to identify system components and versions of such components;

(B)to test the system during its development and maintenance;

(C)to maintain records of system errors and defects;

(D)to determine specific system changes to be made to a system after the initial qualification of the system; and

(E)to make available any materials to the voter (such as notices, instructions, forms, or paper ballots).

(c)Construction

(1)In general

Nothing in this section shall be construed to prohibit a State or jurisdiction which used a particular type of voting system in the elections for Federal office held in November 2000 from using the same type of system after the effective date of this section, so long as the system meets or is modified to meet the requirements of this section.

(2)Protection of paper ballot voting systems

For purposes of subsection (a)(1)(A)(i), the term “verify” may not be defined in a manner that makes it impossible for a paper ballot voting system to meet the requirements of such subsection or to be modified to meet such requirements.

(d)Effective date

Each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2006.

Editorial Notes

Codification Section was formerly classified to section 15481 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

§21081 Voting Systems Standards

Summary

Title 52, §21081

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata