Sec. 253. CONDITION FOR RECEIPT OF FUNDS
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## SEC. 253 CONDITION FOR RECEIPT OF FUNDS **[**[52 U.S.C. 21003](/us/usc/t52/s21003)**]** ###
(a)In General A State is eligible to receive a requirements payment for a fiscal year 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 253(b) of the Help America Vote Act of 2002.” (with the blank to be filled in with the name of the State involved). ###
(b)State Plan Requirement; Certification of Compliance With Applicable Laws and Requirements The requirements referred to in this subsection are as follows: ####
(1)The State has filed with the Commission a State plan covering the fiscal year which the State certifies— #####
(A)contains each of the elements described in section 254(a) (or, for purposes of determining the eligibility of a State to receive a requirements payment appropriated pursuant to the authorization provided under section 257(a)(4), contains the element described in paragraph
(14)of such section) with respect to the fiscal year; #####
(B)is developed in accordance with section 255; and #####
(C)meets the public notice and comment requirements of section 256. ####
(2)#####
(A)Subject to subparagraph (B), the State has filed with the Commission a plan for the implementation of the uniform, nondiscriminatory administrative complaint procedures required under section 402 (or has included such a plan in the State plan filed under paragraph (1)), and has such procedures in place for purposes of meeting the requirements of such section. If the State does not include such an implementation plan in the State plan filed under paragraph (1), the requirements of sections 255(b) and 256 shall apply to the implementation plan in the same manner as such requirements apply to the State plan. #####
(B)Subparagraph
(A)shall not apply for purposes of determining the eligibility of a State to receive a requirements payment appropriated pursuant to the authorization proved under section 257(a)(4). ####
(3)The State is in compliance with each of the laws described in section 906, as such laws apply with respect to this Act. ####
(4)To the extent that any portion of the requirements payment is used for activities other than meeting the requirements of title III— #####
(A)the State’s proposed uses of the requirements payment are not inconsistent with the requirements of title III; and #####
(B)the use of the funds under this paragraph is consistent with the requirements of section 251(b). ####
(5)#####
(A)Subject to subparagraph (B), the State has appropriated funds for carrying out the activities for which the requirements payment is made in an amount equal to 5 percent of the total amount to be spent for such activities (taking into account the requirements payment and the amount spent by the State) and, in the case of a State that uses a requirements payment as a reimbursement under section 251(c)(2), an additional amount equal to the amount of such reimbursement. #####
(B)Subparagraph
(A)shall not apply for purposes of determining the eligibility of a State to receive a requirements payment appropriated pursuant to the authorization provided under section 257(a)(4) for fiscal year 2010, except that if the State does not appropriate funds in accordance with subparagraph
(A)prior to the last day of fiscal year 2011, the State shall repay to the Commission the requirements payment which is appropriated pursuant to such authorization. ###
(c)Methods of Compliance Left to Discretion of State The specific choices on the methods of complying with the elements of a State plan shall be left to the discretion of the State. ###
(d)Timing for Filing of Certification A State may not file a statement of certification under subsection
(a)until the expiration of the 45-day period (or, in the case of a fiscal year other than the first fiscal year for which a requirements payment is made to the State under this subtitle, the 30-day period) which begins on the date notice of the State plan under this subtitle is published in the Federal Register pursuant to section 255(b). ###
(e)Chief State Election Official Defined In this subtitle, 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.
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