Sec. 3. Election technology improvement grants
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The Help America Vote Act of 2002 ( 52 U.S.C. 20901 et seq.) is amended by adding at the end the following new title: The Commission shall make a payment in an amount determined under section 1002 to each State which meets the conditions described in section 1003. Except as provided in paragraph (2), a State receiving payment under this title shall use the payment— in the case of a State that has undergone a Security Risk an Vulnerability Assessment from the Department of Homeland Security with respect to the State's election system, to address any recommendations or vulnerabilities resulting from such assessment, and to implement the recommendations of the Commission under section 248(d) in accordance with the plan developed under section 1003.
In the case of a State described in subparagraph (A), no amount of the payment received under this title may be used for any purpose described in subparagraph
(B)before the date the State submits a State plan that meets the requirements of section 1003(b)(1)(A). A State may use a payment under this title to carry out other activities to improve the administration of elections for Federal office if the State certifies to the Commission that— the State has implemented the recommendations of the Commission under section 248(d); the State will use any remaining funds to improve, upgrade, or acquire new technological equipment related to election administration, which may include— voting machines; election management systems; electronic poll books; online voter registration systems; participation in the Electronic Registration Information Center; accessible voting equipment; and other technological upgrades identified by the Commission in the studies conducted under section 248(a); and the State has appropriated funds for carrying out such activities in an amount equal to 10 percent of the total amount to be spent for such activities (taking into account the payment under this section and the amount spent by the State). No amount of the payment received under this title may be used for any purpose described in this paragraph before the date the State submits the certification described in section 1003(b)(1)(C). None of the payments provided under this title may be used for any voting system that does not produce a voter-verified paper ballot. Subparagraph
(A)shall not apply to any payment used for the purposes described in paragraph (1)(A). Subject to subsection (c), the amount of a payment made to a State under this title shall be equal to the product of— the total amount appropriated for payments pursuant to the authorization under section 1007; and the State allocation percentage for the State (as determined under subsection (b)). The State allocation percentage for a State is the amount (expressed as a percentage) equal to the quotient of— the voting age population of the State (as reported in the most recent decennial census); and the total voting age population of all States (as reported in the most recent decennial census). The amount of a payment made to a State under this section may not be less than— in the case of any of the several States or the District of Columbia, one-half of 1 percent of the total amount appropriated for payments under this title under section 1007; or in the case of the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of Northern Mariana Islands, or the United States Virgin Islands, one-tenth of 1 percent of such total amount. The Commission shall make such pro rata reductions to the allocations determined under subsection
(a)as are necessary to comply with the requirements of subsection (c). A payment to a State under this title shall be available to the State without fiscal year limitation. A State is eligible to receive a payment under this title if the chief executive officer of the State, or designee, in consultation and coordination with the chief State election official, has filed with the Commission a statement certifying that the State is in compliance with the requirements referred to in subsection (b). A State may meet the requirement of the previous sentence by filing with the Commission a statement which reads as follows: ______ hereby certifies that it is in compliance with the requirements referred to in section 1003(b) of the Help America Vote Act of 2002. (with the blank to be filled in with the name of the State involved). The requirements referred to in this subsection are as follows: The State has filed with the Commission a State plan which the State certifies— contains each of the elements described in section 1004; is developed in accordance with section 1005; and meets the public notice and comment requirements of section 1006. The State is in compliance with each of the laws described in section 906, as such laws apply with respect to this Act. To the extent that any portion of the payment is used for activities other than implementing the recommendations of the Department of Homeland Security in connection with a Risk and Vulnerability Assessment described in section 1001(b)(1)(A) or the recommendations of the Commission under section 248(d)— the State's proposed uses of the payment are not inconsistent with such recommendations; and the use of the funds under this subparagraph is consistent with the requirements of section 1001(b)(2)(B). In the case of a State that has undergone a Security Risk an Vulnerability Assessment from the Department of Homeland Security with respect to the State's election system, paragraph
(1)shall not apply and the State shall be treated as having met the requirements of this subsection if the State has met the requirement of paragraph (1)(B) and has filed with the Commission a State plan which contains the elements described in section 1004 with respect to the recommendations of the Department of Homeland Security with respect to such assessment. The specific choices on the methods of complying with the elements of a State plan shall be left to the discretion of the State. A State may not file a statement of certification under subsection
(a)until the expiration of the 45-day period which begins on the date the State plan under this section has been published on both the website of the chief State election official and the website of the Election Assistance Commission pursuant to section 1005(b). Paragraph
(1)shall not apply to any part of plan which is developed in connection with addressing recommendations of the Department of Homeland Security in connection with a Risk and Vulnerability Assessment described in section 1001(b)(1)(A). In this title, the chief State election official of a State is the individual designated by the State under section 10 of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–8 ) to be responsible for coordination of the State's responsibilities under such Act. The State plan shall contain a description of each of the following: How the State will use the payment under this title— to implement— any recommendations of the Department of Homeland Security in connection with a Risk and Vulnerability Assessment described in section 1001(b)(1)(A), if applicable; and the recommendations of the Commission under section 248(d); and if applicable under section 1001(b)(2), to carry out other activities to improve the administration of elections. How the State will distribute and monitor the distribution of the payment to units of local government or other entities in the State for carrying out the activities described in paragraph (1), including a description of— the criteria to be used to determine the eligibility of such units or entities for receiving the payment; and the methods to be used by the State to monitor the performance of the units or entities to whom the payment is distributed, consistent with the performance goals and measures adopted under paragraph (3). How the State will adopt performance goals and measures that will be used by the State to determine its success and the success of units of local government in the State in carrying out the plan, including timetables for meeting each of the elements of the plan, descriptions of the criteria the State will use to measure performance and the process used to develop such criteria, and a description of which official is to be held responsible for ensuring that each performance goal is met. How the State will conduct ongoing management of the plan, except that the State may not make any material change in the administration of the plan unless the change— is developed and published on the website of the chief State election official and the website of the Election Assistance Commission in accordance with section 1005 in the same manner as the State plan; is subject to public notice and comment in accordance with section 1006 in the same manner as the State plan; and takes effect only after the expiration of the 30-day period which begins on the date the change has been published on both the website of the chief State election official and the website of the Election Assistance Commission. A description of the committee which participated in the development of the State plan in accordance with section 1005 and the procedures followed by the committee under such section and section 1006. Paragraphs
(5)and
(6)shall not apply to any part of a plan which pertains to addressing recommendations of the Department of Homeland Security in connection with a Risk and Vulnerability Assessment described in section 1001(b)(1)(A). No action may be brought under this Act against a State or other jurisdiction on the basis of any information contained in the State plan filed under this title. Paragraph
(1)may not be construed to limit the liability of a State or other jurisdiction for criminal acts or omissions. The chief State election official shall develop the State plan under this title through a committee of appropriate individuals, including the chief election officials of the two most populous jurisdictions within the State, other local election officials, stake holders, and other citizens, appointed for such purpose by the chief State election official. After receiving the State plan of a State under this title, the Commission shall cause to have the plan published on both the website of the chief State election official and the website of the Election Assistance Commission. For purposes of section 1003(b)(1)(C), a State plan meets the public notice and comment requirements of this section if— not later than 30 days prior to the submission of the plan, the State made a preliminary version of the plan available for public inspection and comment; the State publishes notice that the preliminary version of the plan is so available; and the State took the public comments made regarding the preliminary version of the plan into account in preparing the plan which was filed with the Commission. There are authorized to be appropriated such sums as are necessary for payments under this title for fiscal years 2018 and 2019. Any amounts appropriated pursuant to the authority of subsection
(a)shall remain available without fiscal year limitation until expended. Not later than 6 months after the end of the fiscal year for which a State received a payment under this title, the State shall submit a report to the Commission on the activities conducted with the funds provided, and shall include in the report— a list of expenditures made with respect to each category of activities described in section 1001(b); and an analysis and description of the activities funded under this title to meet the requirements of this title and an analysis and description of how such activities conform to the State plan under section 1004. . The table of contents of such Act is amended by adding at the end the following: TITLE X—Election Technology Improvement Grants Sec. 1001. Election technology improvement grants. Sec. 1002. Allocation of funds. Sec. 1003. Condition for receipt of funds. Sec. 1004. State plan. Sec. 1005. Process for development and filing of plan; publication by Commission. Sec. 1006. Requirement for public notice and comment. Sec. 1007. Authorization of appropriations. Sec. 1008. Reports. .
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- 42 USC 1973gg–8
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