52 U.S.C. § 20902 — Replacement of punch card or lever voting machines
submitted 24 years ago by Pub. L. 107-252 to r/title-52-VOTING-AND-ELECTIONS · 853 words · no verdicts yet
The federal government pays states to replace punch card and lever voting machines used in the 2000 election. States must meet a 2004 deadline (or 2010 with a waiver) or repay part of the money.
(a) Establishment of program.
(1) Within 45 days after October 29, 2002, the Administrator had to set up a program to pay each eligible state* that had a "qualifying precinct" — meaning a precinct that used a punch card or lever voting system in the November 2000 federal general election.
(2) A state must use this payment (directly, or as reimbursement, including for costs from January 1, 2001 onward under multiyear contracts) to replace punch card or lever systems in its qualifying precincts. The replacement system must: (A) not use punch cards or levers; (B) not conflict with the laws listed in section 21145 of this title; and (C) meet the requirements of section 21081 of this title.
(3) Deadline. (A) Generally, a state receiving this payment must have replaced all punch card or lever systems in its qualifying precincts before the November 2004 federal general election. (B) Waiver: if a state certifies to the Administrator by January 1, 2004, with good cause, that it won't meet that deadline, it instead must replace the systems before the first federal election held after November 1, 2010.
(b) Eligibility.
(1) A state is eligible if it submits a notice to the Administrator within 6 months after October 29, 2002, containing: (A) a certification it will use the payment to replace the systems by the deadline; (B) a certification it will keep complying with the laws in section 21145; (C) a certification the replacement systems will meet section 21081; and (D) any other information the Administrator requires.
(2) A state that needs new state legislation to comply may still certify before that legislation passes — but must submit an additional certification once it's enacted.
(c) Amount of payment.
(1) Subject to paragraph (2) and section 20903(b), the payment equals the number of qualifying precincts times $4,000.
(2) Reduction. If Congress didn't appropriate enough money to pay every state the full amount under paragraph (1), the Administrator must reduce the $4,000 figure so the appropriated total gets distributed to all states.
(d) Repayment for missed deadlines.
(1) If a state misses its deadline under subsection (a)(3), it must repay the Administrator an amount equal to its "noncompliant precinct percentage" of the funds it received.
(2) "Noncompliant precinct percentage" means: the number of qualifying precincts that missed the deadline, divided by the total number of qualifying precincts in the state.
(e) Punch card voting system defined. This term covers these voting systems: (1) C.E.S.; (2) Datavote; (3) PBC Counter; (4) Pollstar; (5) Punch Card; (6) Vote Recorder; (7) Votomatic.
Not later than 45 days after October 29, 2002, the Administrator shall establish a program under which the Administrator shall make a payment to each State* eligible under subsection (b) in which a precinct within that State used a punch card voting system or a lever voting system to administer the regularly scheduled general election for Federal office held in November 2000 (in this section referred to as a “qualifying precinct”).
A State shall use the funds provided under a payment under this section (either directly or as reimbursement, including as reimbursement for costs incurred on or after January 1, 2001, under multiyear contracts) to replace punch card voting systems or lever voting systems (as the case may be) in qualifying precincts within that State with a voting system (by purchase, lease, or such other arrangement as may be appropriate) that—
does not use punch cards or levers;
is not inconsistent with the requirements of the laws described in section 21145 of this title; and
meets the requirements of section 21081 of this title.
Except as provided in subparagraph (B), a State receiving a payment under the program under this section shall ensure that all of the punch card voting systems or lever voting systems in the qualifying precincts within that State have been replaced in time for the regularly scheduled general election for Federal office to be held in November 2004.
If a State certifies to the Administrator not later than January 1, 2004, that the State will not meet the deadline described in subparagraph (A) for good cause and includes in the certification the reasons for the failure to meet such deadline, the State shall ensure that all of the punch card voting systems or lever voting systems in the qualifying precincts within that State will be replaced in time for the first election for Federal office held after November 1, 2010.
A State is eligible to receive a payment under the program under this section if it submits to the Administrator a notice not later than the date that is 6 months after October 29, 2002 (in such form as the Administrator may require) that contains—
certifications that the State will use the payment (either directly or as reimbursement, including as reimbursement for costs incurred on or after January 1, 2001, under multiyear contracts) to replace punch card voting systems or lever voting systems (as the case may be) in the qualifying precincts within the State by the deadline described in subsection (a)(3);
certifications that the State will continue to comply with the laws described in section 21145 of this title;
certifications that the replacement voting systems will meet the requirements of section 21081 of this title; and
such other information and certifications as the Administrator may require which are necessary for the administration of the program.
In the case of a State that requires State legislation to carry out an activity covered by any certification submitted under this subsection, the State shall be permitted to make the certification notwithstanding that the legislation has not been enacted at the time the certification is submitted and such State shall submit an additional certification once such legislation is enacted.
Subject to paragraph (2) and section 20903(b) of this title, the amount of payment made to a State under the program under this section shall be equal to the product of—
the number of the qualifying precincts within the State; and
$4,000.
If the amount of funds appropriated pursuant to the authority of section 20904(a)(2) of this title is insufficient to ensure that each State receives the amount of payment calculated under paragraph (1), the Administrator shall reduce the amount specified in paragraph (1)(B) to ensure that the entire amount appropriated under such section is distributed to the States.
If a State receiving funds under the program under this section fails to meet the deadline applicable to the State under subsection (a)(3), the State shall pay to the Administrator an amount equal to the noncompliant precinct percentage of the amount of the funds provided to the State under the program.
In this subsection, the term “noncompliant precinct percentage” means, with respect to a State, the amount (expressed as a percentage) equal to the quotient of—
the number of qualifying precincts within the State for which the State failed to meet the applicable deadline; and
the total number of qualifying precincts in the State.
For purposes of this section, a “punch card voting system” includes any of the following voting systems:
C.E.S.
Datavote.
PBC Counter.
Pollstar.
Punch Card.
Vote Recorder.
Votomatic.
Source credit: (Pub. L. 107–252, title I, § 102, Oct. 29, 2002, 116 Stat. 1670; Pub. L. 110–28, title VI, § 6301(a), May 25, 2007, 121 Stat. 171; Pub. L. 111–8, div. D, title VI, § 625(a), Mar. 11, 2009, 123 Stat. 678.)
- 2002Enacted · Pub. L. 107-252 · 116 Stat. 1670
- 2007Amended · Pub. L. 110-28 · 121 Stat. 171
- 2009Amended · Pub. L. 111-8 · 123 Stat. 678
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-252 on 2002-10-29.
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