52 USC 21081 - Voting systems standards

U.S Code last checked for updates: Nov 22, 2024

§ 21081.

Voting systems standards

(a)

Requirements

Each voting system used in an election for Federal office shall meet the following requirements:

(1)

In general

(A)

Except as provided in subparagraph (B), the voting system (including any lever voting system, optical scanning voting system, or direct recording electronic system) shall—

(i)

permit the voter to verify (in a private and independent manner) the votes selected by the voter on the ballot before the ballot is cast and counted;

(ii)

provide the voter with the opportunity (in a private and independent manner) to change the ballot or correct any error before the ballot is cast and counted (including the opportunity to correct the error through the issuance of a replacement ballot if the voter was otherwise unable to change the ballot or correct any error); and

(iii)

if the voter selects votes for more than one candidate for a single office—

(I)

notify the voter that the voter has selected more than one candidate for a single office on the ballot;

(II)

notify the voter before the ballot is cast and counted of the effect of casting multiple votes for the office; and

(III)

provide the voter with the opportunity to correct the ballot before the ballot is cast and counted.

(B)

A State or jurisdiction that uses a paper ballot voting system, a punch card voting system, or a central count voting system (including mail-in absentee ballots and mail-in ballots), may meet the requirements of subparagraph (A)(iii) by—

(i)

establishing a voter education program specific to that voting system that notifies each voter of the effect of casting multiple votes for an office; and

(ii)

providing the voter with instructions on how to correct the ballot before it is cast and counted (including instructions on how to correct the error through the issuance of a replacement ballot if the voter was otherwise unable to change the ballot or correct any error).

(C)

The voting system shall ensure that any notification required under this paragraph preserves the privacy of the voter and the confidentiality of the ballot.

(2)

Audit capacity

(A)

In general

(B)

Manual audit capacity

(i)

The voting system shall produce a permanent paper record with a manual audit capacity for such system.

(ii)

The voting system shall provide the voter with an opportunity to change the ballot or correct any error before the permanent paper record is produced.

(iii)

The paper record produced under subparagraph (A) shall be available as an official record for any recount conducted with respect to any election in which the system is used.

(3)

Accessibility for individuals with disabilities

The voting system shall—

(A)

be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters;

(B)

satisfy the requirement of subparagraph (A) through the use of at least one direct recording electronic voting system or other voting system equipped for individuals with disabilities at each polling place; and

(C)

if purchased with funds made available under subchapter II on or after January 1, 2007, meet the voting system standards for disability access (as outlined in this paragraph).

(4)

Alternative language accessibility

(5)

Error rates

(6)

Uniform definition of what constitutes a vote

(b)

Voting system defined

In this section, the term “voting system” means—

(1)

(A)

to define ballots;

(B)

to cast and count votes;

(C)

to report or display election results; and

(D)

to maintain and produce any audit trail information; and

(2)

the practices and associated documentation used—

(A)

to identify system components and versions of such components;

(B)

to test the system during its development and maintenance;

(C)

to maintain records of system errors and defects;

(D)

to determine specific system changes to be made to a system after the initial qualification of the system; and

(E)

to make available any materials to the voter (such as notices, instructions, forms, or paper ballots).

(c)

Construction

(1)

In general

(2)

Protection of paper ballot voting systems

(d)

Effective date

(Pub. L. 107–252, title III, § 301, Oct. 29, 2002, 116 Stat. 1704.)

cite as: 52 USC 21081