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Code · STATUTE-COMPILATIONS · Help America Vote Act of 2002 · Sec. 251

Sec. 251. REQUIREMENTS PAYMENTS

513 words·~2 min read·/statute-compilations/comps-14251/sec-251

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 251 REQUIREMENTS PAYMENTS **[**[52 U.S.C. 21001](/us/usc/t52/s21001)**]** ###
(a)In General The Commission shall make a requirements payment each year in an amount determined under section 252 to each State which meets the conditions described in section 253 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 title 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 title III; or #####
(B)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 section 252(c). ####
(3)Activities under uniformed and overseas citizens absentee voting act A State shall use a requirements payment made using funds appropriated pursuant to the authorization under section 257(a)(4) only to meet the requirements under the Uniformed and Overseas Citizens Absentee Voting Act 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 Notwithstanding any other provision of this subtitle, including the maintenance of effort requirements of section 254(a)(7), a State may use a requirements payment as a reimbursement for costs incurred in obtaining voting equipment which meets the requirements of section 301 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 A State may use a requirements payment for any costs for voting equipment which meets the requirements of section 301 that, pursuant to a multiyear contract, were incurred on or after January 1, 2001, except that the amount that the State is otherwise required to contribute under the maintenance of effort requirements of section 254(a)(7) 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 part 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 part. ###
(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 part; or ####
(2)for the payment of any judgment.
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Sec. 251
REQUIREMENTS PAYMENTS
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