52 U.S.C. § 20311 | Technology pilot program

(a)

Definitions

In this section:

(1)

Absent uniformed services voter

42 U.S.C. 1973ff–6(1)52 U.S.C. 20310(1)The term “absent uniformed services voter” has the meaning given such term in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act () [now ].

(2)

Overseas voter

52 U.S.C. 20310(5)The term “overseas voter” has the meaning given such term in section 107(5) of such Act [].

(3)

Presidential designee

52 U.S.C. 20301(a)The term “Presidential designee” means the individual designated under section 101(a) of such Act [].

(b)

Establishment

(1)

In general

42 U.S.C. 1973ff 52 U.S.C. 20301The Presidential designee may establish 1 or more pilot programs under which the feasibility of new election technology is tested for the benefit of absent uniformed services voters and overseas voters claiming rights under the Uniformed and Overseas Citizens Absentee Voting Act ( et seq.) [now et seq.].

(2)

Design and conduct

The design and conduct of a pilot program established under this subsection—

(A)

shall be at the discretion of the Presidential designee; and

(B)

shall not conflict with or substitute for existing laws, regulations, or procedures with respect to the participation of absent uniformed services voters and military voters in elections for Federal office.

(c)

Considerations

In conducting a pilot program established under subsection (b), the Presidential designee may consider the following issues:

(1)

The transmission of electronic voting material across military networks.

(2)

Virtual private networks, cryptographic voting systems, centrally controlled voting stations, and other information security techniques.

(3)

The transmission of ballot representations and scanned pictures in a secure manner.

(4)

Capturing, retaining, and comparing electronic and physical ballot representations.

(5)

Utilization of voting stations at military bases.

(6)

Document delivery and upload systems.

(7)

The functional effectiveness of the application or adoption of the pilot program to operational environments, taking into account environmental and logistical obstacles and State procedures.

(d)

Reports

The Presidential designee shall submit to Congress reports on the progress and outcomes of any pilot program conducted under this subsection, together with recommendations—

(1)

for the conduct of additional pilot programs under this section; and

(2)

for such legislation and administrative action as the Presidential designee determines appropriate.

(e)

Technical assistance

(1)

In general

Public Law 107–107115 Stat. 1277 42 U.S.C. 1973ff 52 U.S.C. 20301 Public Law 108–375118 Stat. 1919 The Election Assistance Commission and the National Institute of Standards and Technology shall provide the Presidential designee with best practices or standards in accordance with electronic absentee voting guidelines established under the first sentence of section 1604(a)(2) of the National Defense Authorization Act for Fiscal Year 2002 (; ; note [now note]), as amended by section 567 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (; ) to support the pilot program or programs.

(2)

Report

October 28, 2009In the case in which the Election Assistance Commission has not established electronic absentee voting guidelines under such section 1604(a)(2), as so amended, by not later than 180 days after , the Election Assistance Commission shall submit to the relevant committees of Congress a report containing the following information:

(A)

The reasons such guidelines have not been established as of such date.

(B)

A detailed timeline for the establishment of such guidelines.

(C)

October 28, 2004 A detailed explanation of the Commission’s actions in establishing such guidelines since .

(3)

Relevant committees of Congress defined

In this subsection, the term “relevant committees of Congress” means—

(A)

the Committees on Appropriations, Armed Services, and Rules and Administration of the Senate; and

(B)

the Committees on Appropriations, Armed Services, and House Administration of the House of Representatives.

(f)

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section.

Pub. L. 111–84, div. A, title V, § 589Oct. 28, 2009123 Stat. 2334 Pub. L. 111–383, div. A, title X, § 1075(d)(6)Jan. 7, 2011124 Stat. 4373 (, , ; , , .)

Editorial Notes

References in Text

Pub. L. 99–410Aug. 28, 1986100 Stat. 924 The Uniformed and Overseas Citizens Absentee Voting Act, referred to in subsec. (b)(1), is , , , which is classified principally to this chapter. Sections 101 and 107 of the Act are classified to sections 20301 and 20310, respectively, of this title. For complete classification of this Act to the Code, see Tables.

Codification

section 1973ff–7 of Title 42Section was formerly classified to , 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.

Section was enacted as part of the Military and Overseas Voter Empowerment Act, and also as part of the National Defense Authorization Act for Fiscal Year 2010, and not as part of title I of the Uniformed and Overseas Citizens Absentee Voting Act, which comprises this chapter.

Amendments

Pub. L. 111–383, § 1075(d)(6)(A)2011—Subsec. (a)(1). , substituted “section 107(1)” for “section 107(a)” and “1973ff–6(1)” for “1973ff et seq.”

Pub. L. 111–383, § 1075(d)(6)(B)Subsec. (e)(1). , substituted “1973ff note” for “1977ff note”.

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Pub. L. 111–383, div. A, title X, § 1075(d)Jan. 7, 2011124 Stat. 4372 Oct. 28, 2009Pub. L. 111–84, , , provided that the amendment by section 1075(d)(6) is effective as of , and as if included in as enacted.