§ 20902. Replacement of punch card or lever voting machines

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2002

   Help America Vote Act of 2002

   Pub. L. 107–252 title I § 102 · 116 Stat. 1666

   Enacted · 52 U.S.C. § 20902

   Pub. L. 107–252, title I, § 102, Oct. 29, 2002, 116 Stat. 1670

   Source evidence

   Code source credit
   Pub. L. 107–252, title I, § 102, Oct. 29, 2002, 116 Stat. 1670

   Enacted provision · exact public law section
   SEC. 102. REPLACEMENT OF PUNCH CARD OR LEVER VOTING MACHINES. (a) Establishment of Program.— (1) In general.— Not later than 45 days after the date of the enactment of this Act, the Administrator shall establish a program under which the Administrator shall make a payment to each State eligible under subsection (b) in which a precinct within that State used a punch card voting system or a lever voting system to administer the regularly scheduled general election for Federal office held in November 2000 (in this section referred to as a “qualifying precinct”). (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 906; and (C) meets the requirements of section 301. (3) Deadline.— (A) In general.— Except as provided in subparagraph (B), a State receiving a payment under the program under this section shall ensure that all of the punch card voting systems or lever voting systems in the qualifying precincts within that State have been replaced in time for the regularly scheduled general election for Federal office to be held in November 2004. (B) Waiver.— If a State certifies to the Administrator not later than January 1, 2004, that the State will not meet the deadline described in subparagraph (A) for good cause and includes in the certification the reasons for the failure to meet such deadline, the State shall ensure that all of the punch card voting systems or lever voting systems in the qualifying precincts within that State will be replaced in time for the first election for Federal office held after January 1, 2006. (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 the date of the enactment of this Act (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 906; (C) certifications that the replacement voting systems will meet the requirements of section 301; 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.— In the case of a State that requires State legislation to carry out an activity covered by any certification submitted under this subsection, the State shall be permitted to make the certification notwithstanding that the legislation has not been enacted at the time the certification is submitted and such State shall submit an additional certification once such legislation is enacted. (c) Amount of Payment.— (1) In general.— Subject to paragraph (2) and section 103(b), 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.— If the amount of funds appropriated pursuant to the authority of section 104(a)(2) is insufficient to ensure that each State receives the amount of payment calculated under paragraph (1), the Administrator shall reduce the amount specified in paragraph (1)(B) to ensure that the entire amount appropriated under such section is distributed to the States. (d) Repayment of Funds for Failure To Meet Deadlines.— (1) In general.— If a State receiving funds under the program under this section fails to meet the deadline applicable to the State under subsection (a)(3), the State shall pay to the Administrator an amount equal to the noncompliant precinct percentage of the amount of the funds provided to the State under the program. (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.

   Effective date note
   Pub. L. 111–8, div. D, title VI, § 625(b), Mar. 11, 2009, 123 Stat. 678, provided that: “The amendment made by subsection (a) [amending this section] shall take effect as if included in the enactment of the Help America Vote Act of 2002 [Pub. L. 107–252, see Tables for classification].”

2. 2007

   U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007

   Pub. L. 110–28 title VI § 6301(a) · 121 Stat. 112

   Substituted · 52 U.S.C. § 20902(a)(3)(B)

   Pub. L. 110–28 substituted “March 1, 2008” for “January 1, 2006”

   Source evidence

   Code amendment note
   Subsec. (a)(3)(B). Pub. L. 110–28 substituted “March 1, 2008” for “January 1, 2006”.

   Enacted provision · exact public law section
   (a) Section 102(a)(3)(B) of the Help America Vote Act of 2002 (42 U.S.C. 15302(a)(3)(B)) is amended by striking “January 1, 2006” and inserting “March 1, 2008”.

3. 2009

   Financial Services and General Government Appropriations Act, 2009

   Pub. L. 111–8 div. D title VI § 625(a) · 123 Stat. 524

   Substituted · 52 U.S.C. § 20902(a)(3)(B)

   Pub. L. 111–8 substituted “November 1, 2010” for “March 1, 2008”

   Source evidence

   Code amendment note
   Subsec. (a)(3)(B). Pub. L. 111–8 substituted “November 1, 2010” for “March 1, 2008”.

   Enacted provision · exact public law section
   (a) Section 102(a)(3)(B) of the Help America Vote Act of 2002 (42 U.S.C. 15302(a)(3)(B)) is amended by striking “March 1, 2008” and inserting “November 1, 2010”.

   Effective date note
   Pub. L. 111–8, div. D, title VI, § 625(b), Mar. 11, 2009, 123 Stat. 678, provided that: “The amendment made by subsection (a) [amending this section] shall take effect as if included in the enactment of the Help America Vote Act of 2002 [Pub. L. 107–252, see Tables for classification].”

3 of 3 references resolved to an enrolled provision