52 U.S.C. § 21001 | Requirements payments

(a)

In general

section 21002 of this title section 21003 of this titleThe Commission shall make a requirements payment each year in an amount determined under to each State which meets the conditions described in for the year.

(b)

Use of funds

(1)

In general

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.

(2)

Other activities

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—

(A)

the State has implemented the requirements of subchapter III; or

(B)

section 21002(c) of this title 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 .

(3)

Activities under Uniformed and Overseas Citizens Absentee Voting Act

section 21007(a)(4) of this title 52 U.S.C. 20301A State shall use a requirements payment made using funds appropriated pursuant to the authorization under only to meet the requirements under the Uniformed and Overseas Citizens Absentee Voting Act [ et seq.] imposed as a result of the provisions of and amendments made by the Military and Overseas Voter Empowerment Act.

(c)

Retroactive payments

(1)

In general

section 21004(a)(7) of this title section 21081 of this titleNotwithstanding any other provision of this part, including the maintenance of effort requirements of , a State may use a requirements payment as a reimbursement for costs incurred in obtaining voting equipment which meets the requirements of if the State obtains the equipment after the regularly scheduled general election for Federal office held in November 2000.

(2)

Special rule regarding multiyear contracts

section 21081 of this titleJanuary 1, 2001section 21004(a)(7) of this titleA State may use a requirements payment for any costs for voting equipment which meets the requirements of that, pursuant to a multiyear contract, were incurred on or after , except that the amount that the State is otherwise required to contribute under the maintenance of effort requirements of shall be increased by the amount of the payment made with respect to such multiyear contract.

(d)

Adoption of Commission guidelines and guidance not required to receive payment

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.

(e)

Schedule of payments

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.

(f)

Limitation

A State may not use any portion of a requirements payment—

(1)

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

(2)

for the payment of any judgment.

Pub. L. 107–252, title II, § 251Oct. 29, 2002116 Stat. 1692 Pub. L. 111–84, div. A, title V, § 588(a)Oct. 28, 2009123 Stat. 2333 (, , ; , , .)

Editorial Notes

References in Text

Pub. L. 107–252Oct. 29, 2002116 Stat. 1704 Subchapter III, referred to in subsec. (b)(1), (2)(A), was in the original “title III”, meaning title III of , , , which is classified principally to subchapter III (§ 21081 et seq.) of this chapter. For complete classification of title III to the Code, see Tables.

Pub. L. 99–410Aug. 28, 1986100 Stat. 924 The Uniformed and Overseas Citizens Absentee Voting Act, referred to in subsec. (b)(3), is , , , which is classified principally to chapter 203 (§ 20301 et seq.) of this title. For complete classification of this Act to the Code, see Tables.

Pub. L. 111–84Oct. 28, 2009123 Stat. 2318 The Military and Overseas Voter Empowerment Act, referred to in subsec. (b)(3), is subtitle H (§§ 575–589) of title V of div. A of , , . For complete classification of this Act to the Code, see Tables.

Codification

section 15401 of Title 42Section was formerly classified to , The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

Pub. L. 111–84, § 588(a)(1)2009—Subsec. (b)(1). , substituted “paragraphs (2) and (3)” for “paragraph (2)”.

Pub. L. 111–84, § 588(a)(2)Subsec. (b)(3). , added par. (3).