52 USC 20902 - Replacement of punch card or lever voting machines

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

§ 20902.

Replacement of punch card or lever voting machines

(a)

Establishment of program

(1)

In general

(2)

Use of funds

A State shall use the funds provided under a payment under this section (either directly or as reimbursement, including as reimbursement for costs incurred on or after January 1, 2001, under multiyear contracts) to replace punch card voting systems or lever voting systems (as the case may be) in qualifying precincts within that State with a voting system (by purchase, lease, or such other arrangement as may be appropriate) that—

(A)

does not use punch cards or levers;

(B)

is not inconsistent with the requirements of the laws described in section 21145 of this title; and

(C)

meets the requirements of section 21081 of this title.

(3)

Deadline

(A)

In general

(B)

Waiver

(b)

Eligibility

(1)

In general

A State is eligible to receive a payment under the program under this section if it submits to the Administrator a notice not later than the date that is 6 months after October 29, 2002 (in such form as the Administrator may require) that contains—

(A)

certifications that the State will use the payment (either directly or as reimbursement, including as reimbursement for costs incurred on or after January 1, 2001, under multiyear contracts) to replace punch card voting systems or lever voting systems (as the case may be) in the qualifying precincts within the State by the deadline described in subsection (a)(3);

(B)

certifications that the State will continue to comply with the laws described in section 21145 of this title;

(C)

certifications that the replacement voting systems will meet the requirements of section 21081 of this title; and

(D)

such other information and certifications as the Administrator may require which are necessary for the administration of the program.

(2)

Compliance of States that require changes to State law

(c)

Amount of payment

(1)

In general

Subject to paragraph (2) and section 20903(b) of this title, the amount of payment made to a State under the program under this section shall be equal to the product of—

(A)

the number of the qualifying precincts within the State; and

(B)

$4,000.

(2)

Reduction

(d)

Repayment of funds for failure to meet deadlines

(1)

In general

(2)

Noncompliant precinct percentage defined

In this subsection, the term “noncompliant precinct percentage” means, with respect to a State, the amount (expressed as a percentage) equal to the quotient of—

(A)

the number of qualifying precincts within the State for which the State failed to meet the applicable deadline; and

(B)

the total number of qualifying precincts in the State.

(e)

Punch card voting system defined

For purposes of this section, a “punch card voting system” includes any of the following voting systems:

(1)

C.E.S.

(2)

Datavote.

(3)

PBC Counter.

(4)

Pollstar.

(5)

Punch Card.

(6)

Vote Recorder.

(7)

Votomatic.

(Pub. L. 107–252, title I, § 102, Oct. 29, 2002, 116 Stat. 1670; Pub. L. 110–28, title VI, § 6301(a), May 25, 2007, 121 Stat. 171; Pub. L. 111–8, div. D, title VI, § 625(a), Mar. 11, 2009, 123 Stat. 678.)

cite as: 52 USC 20902