52 U.S.C. § 21004 — State plan

submitted 24 years ago by Pub. L. 107-252 to r/title-52-VOTING-AND-ELECTIONS · 999 words · no verdicts yet

in plain englishAI-generated · not legal advice

Every state seeking election-reform money must file a plan describing 14 required elements, from spending details to performance goals. The plan must maintain past spending levels, protect the state from lawsuits based on its contents, and follow strict rules for changing it later.

(a) In general: The state plan must describe each of the following: (1) How the state will use its payment to meet subchapter III's requirements and, if allowed under section 21001(a)(2), to improve election administration in other ways. (2) How the state will hand out and monitor the payment among local governments or other groups, including (A) the criteria for who is eligible, and (B) how the state will track their performance against the goals set under paragraph (8). (3) How the state will run programs to educate voters, train election officials, and train poll workers, to help meet subchapter III's requirements. (4) How the state will adopt voting-system guidelines and processes that match section 21081. (5) How the state will set up an election fund under subsection (b) to manage its spending, including how it will track the fund. (6) The state's proposed budget, based on its best cost estimates and expected funding, including (A) the cost of activities required by subchapter III, (B) how much of the payment covers those required activities, and (C) how much covers other activities. (7) How the state will keep spending on these activities at least as high as it spent in the fiscal year before November 2000. (8) How the state will set performance goals and measurements to judge its own and local governments' success, including timetables, the criteria used and how they were developed, and who is responsible for meeting each goal. (9) A description of the state's fair, nondiscriminatory complaint procedures in place under section 21112. (10) If the state got money under subchapter I, how that money affects the plan's activities, including how much funding is left for them. (11) How the state will manage the plan over time. The state cannot make a major change to how it runs the plan unless the change notice (A) is published in the Federal Register the same way as the original plan under section 21005, (B) goes through public notice and comment under section 21006 the same way, and (C) does not take effect until 30 days after that Federal Register notice. (12) If the state had a plan in place the previous fiscal year, how this year's plan differs and how well the state carried out last year's plan. (13) A description of the committee that helped develop the plan under section 21005, and how it followed the procedures in that section and section 21006. (14) How the state will follow the Military and Overseas Voter Empowerment Act's rules and changes. (b) Requirements for election fund: (1) Election fund described: The fund required by subsection (a)(5) is a state-treasury account, used only as paragraph (2) says, made up of: (A) money the state sets aside for these activities, (B) the state's requirements payment, (C) any other money appropriated by law, and (D) interest the fund earns. (2) Use of fund: The state must spend the fund's money only on the activities the payment was made for. (3) Treatment of States that require changes to State law: If a state needs its own legislation to create this fund, the Commission must hold off sending the payment until that legislation passes. (c) Protection against actions based on information in plan: (1) In general: No one can sue a state or other jurisdiction under this chapter based only on what is in its filed state plan. (2) Exception for criminal acts: This protection does not shield a state or jurisdiction from liability for criminal acts.

the actual law source: uscode.house.gov ↗public domain

(a) In general

The State plan shall contain a description of each of the following:

(1)

How the State will use the requirements payment to meet the requirements of subchapter III, and, if applicable under section 21001(a)(2) of this title, to carry out other activities to improve the administration of elections.

(2)

How the State will distribute and monitor the distribution of the requirements payment to units of local government or other entities in the State for carrying out the activities described in paragraph (1), including a description of—

(A)

the criteria to be used to determine the eligibility of such units or entities for receiving the payment; and

(B)

the methods to be used by the State to monitor the performance of the units or entities to whom the payment is distributed, consistent with the performance goals and measures adopted under paragraph (8).

(3)

How the State will provide for programs for voter education, election official education and training, and poll worker training which will assist the State in meeting the requirements of subchapter III.

(4)

How the State will adopt voting system guidelines and processes which are consistent with the requirements of section 21081 of this title.

(5)

How the State will establish a fund described in subsection (b) for purposes of administering the State’s activities under this subpart, including information on fund management.

(6)

The State’s proposed budget for activities under this subpart, based on the State’s best estimates of the costs of such activities and the amount of funds to be made available, including specific information on—

(A)

the costs of the activities required to be carried out to meet the requirements of subchapter III;

(B)

the portion of the requirements payment which will be used to carry out activities to meet such requirements; and

(C)

the portion of the requirements payment which will be used to carry out other activities.

(7)

How the State, in using the requirements payment, will maintain the expenditures of the State for activities funded by the payment at a level that is not less than the level of such expenditures maintained by the State for the fiscal year ending prior to November 2000.

(8)

How the State will adopt performance goals and measures that will be used by the State to determine its success and the success of units of local government in the State in carrying out the plan, including timetables for meeting each of the elements of the plan, descriptions of the criteria the State will use to measure performance and the process used to develop such criteria, and a description of which official is to be held responsible for ensuring that each performance goal is met.

(9)

A description of the uniform, nondiscriminatory State-based administrative complaint procedures in effect under section 21112 of this title.

(10)

If the State received any payment under subchapter I, a description of how such payment will affect the activities proposed to be carried out under the plan, including the amount of funds available for such activities.

(11)

How the State will conduct ongoing management of the plan, except that the State may not make any material change in the administration of the plan unless notice of the change—

(A)

is developed and published in the Federal Register in accordance with section 21005 of this title in the same manner as the State plan;

(B)

is subject to public notice and comment in accordance with section 21006 of this title in the same manner as the State plan; and

(C)

takes effect only after the expiration of the 30-day period which begins on the date notice of the change is published in the Federal Register in accordance with subparagraph (A).

(12)

In the case of a State with a State plan in effect under this part during the previous fiscal year, a description of how the plan reflects changes from the State plan for the previous fiscal year and of how the State succeeded in carrying out the State plan for such previous fiscal year.

(13)

A description of the committee which participated in the development of the State plan in accordance with section 21005 of this title and the procedures followed by the committee under such section and section 21006 of this title.

(14)

How the State will comply with the provisions and requirements of and amendments made by the Military and Overseas Voter Empowerment Act.

(b) Requirements for election fund

(1) Election fund described

For purposes of subsection (a)(5), a fund described in this subsection with respect to a State is a fund which is established in the treasury of the State government, which is used in accordance with paragraph (2), and which consists of the following amounts:

(A)

Amounts appropriated or otherwise made available by the State for carrying out the activities for which the requirements payment is made to the State under this subpart.

(B)

The requirements payment made to the State under this subpart.

(C)

Such other amounts as may be appropriated under law.

(D)

Interest earned on deposits of the fund.

(2) Use of fund

Amounts in the fund shall be used by the State exclusively to carry out the activities for which the requirements payment is made to the State under this subpart.

(3) Treatment of States that require changes to State law

In the case of a State that requires State legislation to establish the fund described in this subsection, the Commission shall defer disbursement of the requirements payment to such State until such time as legislation establishing the fund is enacted.

(1) In general

No action may be brought under this chapter against a State or other jurisdiction on the basis of any information contained in the State plan filed under this subpart.

(2) Exception for criminal acts

Paragraph (1) may not be construed to limit the liability of a State or other jurisdiction for criminal acts or omissions.

Source credit: (Pub. L. 107–252, title II, § 254, Oct. 29, 2002, 116 Stat. 1694; Pub. L. 111–84, div. A, title V, § 588(b)(1)(A), Oct. 28, 2009, 123 Stat. 2333; Pub. L. 112–74, div. C, title VI, § 622(3), (4), Dec. 23, 2011, 125 Stat. 927.)

history & why it existsrecord from the source credit

2002Enacted · Pub. L. 107-252 · 116 Stat. 1694
2009Amended · Pub. L. 111-84 · 123 Stat. 2333
2011Amended · Pub. L. 112-74 · 125 Stat. 927

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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