52 U.S.C. § 21001 — Requirements payments
submitted 24 years ago by Pub. L. 107-252 to r/title-52-VOTING-AND-ELECTIONS · 523 words · no verdicts yet
The Election Assistance Commission must pay states money each year if they meet certain conditions. States must spend the money on federal election requirements, with limited exceptions, and the Commission must pay on a set schedule.
(a) In general: The Commission must pay each state* a "requirements payment" every year, in an amount set under section 21002, if the state meets the conditions in section 21003.
(b) Use of funds: (1) In general: A state must spend the payment only to meet the rules in subchapter III, unless paragraphs (2) or (3) apply. (2) Other activities: A state may spend the money on other election-improvement activities if it certifies to the Commission that either (A) it has already met subchapter III's requirements, or (B) the amount it spends on other activities does not exceed the minimum payment set under section 21002(c). (3) Activities under the Uniformed and Overseas Citizens Absentee Voting Act: If a state's payment comes from funds Congress authorized under section 21007(a)(4), the state may spend it only on meeting the Uniformed and Overseas Citizens Absentee Voting Act's requirements, as changed by the Military and Overseas Voter Empowerment Act.
(c) Retroactive payments: (1) In general: Despite other rules, including the spending-maintenance rule in section 21004(a)(7), a state may use its payment to pay itself back for voting equipment bought after the November 2000 general election, if the equipment meets section 21081's standards. (2) Special rule regarding multiyear contracts: A state may also use its payment for section 21081-compliant equipment costs incurred under a multiyear contract on or after January 1, 2001. But then the state's own required minimum spending under section 21004(a)(7) goes up by the amount of that payment.
(d) Adoption of Commission guidelines and guidance not required to receive payment: A state does not have to follow the Commission's voluntary voting-system guidelines or voluntary guidance to qualify for a payment.
(e) Schedule of payments: The Commission must start making these payments as soon as possible after all its members are first appointed, no later than 6 months after that, and then at least once every year after.
(f) Limitation: A state may not use any part of its payment (1) to pay for litigation costs, unless those costs are otherwise an allowed use under this subpart, or (2) to pay a legal judgment.
The Commission shall make a requirements payment each year in an amount determined under section 21002 of this title to each State* which meets the conditions described in section 21003 of this title for the year.
Except as provided in paragraphs (2) and (3), a State receiving a requirements payment shall use the payment only to meet the requirements of subchapter III.
A State may use a requirements payment to carry out other activities to improve the administration of elections for Federal office if the State certifies to the Commission that—
the State has implemented the requirements of subchapter III; or
the amount expended with respect to such other activities does not exceed an amount equal to the minimum payment amount applicable to the State under section 21002(c) of this title.
A State shall use a requirements payment made using funds appropriated pursuant to the authorization under section 21007(a)(4) of this title only to meet the requirements under the Uniformed and Overseas Citizens Absentee Voting Act [52 U.S.C. 20301 et seq.] imposed as a result of the provisions of and amendments made by the Military and Overseas Voter Empowerment Act.
Notwithstanding any other provision of this part, including the maintenance of effort requirements of section 21004(a)(7) of this title, a State may use a requirements payment as a reimbursement for costs incurred in obtaining voting equipment which meets the requirements of section 21081 of this title if the State obtains the equipment after the regularly scheduled general election for Federal office held in November 2000.
A State may use a requirements payment for any costs for voting equipment which meets the requirements of section 21081 of this title that, pursuant to a multiyear contract, were incurred on or after January 1, 2001, except that the amount that the State is otherwise required to contribute under the maintenance of effort requirements of section 21004(a)(7) of this title shall be increased by the amount of the payment made with respect to such multiyear contract.
Nothing in this subpart may be construed to require a State to implement any of the voluntary voting system guidelines or any of the voluntary guidance adopted by the Commission with respect to any matter as a condition for receiving a requirements payment.
As soon as practicable after the initial appointment of all members of the Commission (but in no event later than 6 months thereafter), and not less frequently than once each calendar year thereafter, the Commission shall make requirements payments to States under this subpart.
A State may not use any portion of a requirements payment—
to pay costs associated with any litigation, except to the extent that such costs otherwise constitute permitted uses of a requirements payment under this subpart; or
for the payment of any judgment.
Source credit: (Pub. L. 107–252, title II, § 251, Oct. 29, 2002, 116 Stat. 1692; Pub. L. 111–84, div. A, title V, § 588(a), Oct. 28, 2009, 123 Stat. 2333.)
- 2002Enacted · Pub. L. 107-252 · 116 Stat. 1692
- 2009Amended · Pub. L. 111-84 · 123 Stat. 2333
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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