§ 21081. Voting systems standards
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/usc/title-52/section-21081A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Requirements Each voting system used in an election for Federal office shall meet the following requirements:
(1)In general
(A)Except as provided in subparagraph (B), the voting system (including any lever voting system, optical scanning voting system, or direct recording electronic system) shall—
(i)permit the voter to verify (in a private and independent manner) the votes selected by the voter on the ballot before the ballot is cast and counted;
(ii)provide the voter with the opportunity (in a private and independent manner) to change the ballot or correct any error before the ballot is cast and counted (including the opportunity to correct the error through the issuance of a replacement ballot if the voter was otherwise unable to change the ballot or correct any error); and
(iii)if the voter selects votes for more than one candidate for a single office—
(I)notify the voter that the voter has selected more than one candidate for a single office on the ballot;
(II)notify the voter before the ballot is cast and counted of the effect of casting multiple votes for the office; and
(III)provide the voter with the opportunity to correct the ballot before the ballot is cast and counted.
(B)A State or jurisdiction that uses a paper ballot voting system, a punch card voting system, or a central count voting system (including mail-in absentee ballots and mail-in ballots), may meet the requirements of subparagraph (A)(iii) by—
(i)establishing a voter education program specific to that voting system that notifies each voter of the effect of casting multiple votes for an office; and
(ii)providing the voter with instructions on how to correct the ballot before it is cast and counted (including instructions on how to correct the error through the issuance of a replacement ballot if the voter was otherwise unable to change the ballot or correct any error).
(C)The voting system shall ensure that any notification required under this paragraph preserves the privacy of the voter and the confidentiality of the ballot.
(2)Audit capacity
(A)In general The voting system shall produce a record with an audit capacity for such system.
(B)Manual audit capacity
(i)The voting system shall produce a permanent paper record with a manual audit capacity for such system.
(ii)The voting system shall provide the voter with an opportunity to change the ballot or correct any error before the permanent paper record is produced.
(iii)The paper record produced under subparagraph
(A)shall be available as an official record for any recount conducted with respect to any election in which the system is used.
(3)Accessibility for individuals with disabilities The voting system shall—
(A)be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters;
(B)satisfy the requirement of subparagraph
(A)through the use of at least one direct recording electronic voting system or other voting system equipped for individuals with disabilities at each polling place; and
(C)if purchased with funds made available under subchapter II on or after January 1, 2007, meet the voting system standards for disability access (as outlined in this paragraph).
(4)Alternative language accessibility The voting system shall provide alternative language accessibility pursuant to the requirements of section 10503 of this title.
(5)Error rates The error rate of the voting system in counting ballots (determined by taking into account only those errors which are attributable to the voting system and not attributable to an act of the voter) shall comply with the error rate standards established under section 3.2.1 of the voting systems standards issued by the Federal Election Commission which are in effect on October 29, 2002.
(6)Uniform definition of what constitutes a vote Each State shall adopt uniform and nondiscriminatory standards that define what constitutes a vote and what will be counted as a vote for each category of voting system used in the State.
(b)Voting system defined In this section, the term “voting system” means—
(1)the total combination of mechanical, electromechanical, or electronic equipment (including the software, firmware, and documentation required to program, control, and support the equipment) that is used—
(A)to define ballots;
(B)to cast and count votes;
(C)to report or display election results; and
(D)to maintain and produce any audit trail information; and
(2)the practices and associated documentation used—
(A)to identify system components and versions of such components;
(B)to test the system during its development and maintenance;
(C)to maintain records of system errors and defects;
(D)to determine specific system changes to be made to a system after the initial qualification of the system; and
(E)to make available any materials to the voter (such as notices, instructions, forms, or paper ballots).
(c)Construction
(1)In general Nothing in this section shall be construed to prohibit a State or jurisdiction which used a particular type of voting system in the elections for Federal office held in November 2000 from using the same type of system after the effective date of this section, so long as the system meets or is modified to meet the requirements of this section.
(2)Protection of paper ballot voting systems For purposes of subsection (a)(1)(A)(i), the term “verify” may not be defined in a manner that makes it impossible for a paper ballot voting system to meet the requirements of such subsection or to be modified to meet such requirements.
(d)Effective date Each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2006.
(Pub. L. 107–252, title III, § 301, Oct. 29, 2002, 116 Stat. 1704.)
Connections1,110 cite this · traces to 2
Cited by 1,110 sections · top 60
U.S. Code
register
public-private-law
statute-compilations
statutes-at-large
bill
- Sec. 121Same day registration
- Sec. 201Requirements for States to promote access to voter registration and voting for individuals with disabilities
- Sec. 601Paper ballot and manual counting requirements
- Sec. 602Accessibility and ballot verification for individuals with disabilities
- Sec. 603Durability and readability requirements for ballots
- Sec. 604Effective date for new requirements
- Sec. 611Mandatory manual audits
- Sec. 801Early voting and voting by mail
- Sec. 3Promoting Ability of Voters to Vote by Mail in Federal Elections
- Sec. 2Same day registration
- Sec. 2Prohibiting states from imposing photo identification requirement for voting or registering to vote in federal elections
- Sec. 2Permitting use of sworn written statement to meet identification requirements for voting
- Sec. 2Minimum requirements for early voting and for reducing waiting times for voters in federal elections
- Sec. 2Same day registration
- Sec. 1Availability of early voting and no-excuse absentee voting
- Sec. 2Elimination of straight-party voting in Federal elections
- Sec. 2Requiring States to meet standards for location and operation of polling places used in elections for Federal office
- Sec. 101Moratorium on acquisition of certain direct recording electronic voting systems and certain other voting systems
- Sec. 102Paper ballot and manual counting requirements
- Sec. 103Accessibility and ballot verification for individuals with disabilities
- Sec. 111Additional voting system requirements
- Sec. 131Effective date for new requirements
- Sec. 201Mandatory manual audits
- Sec. 302Mandatory training for poll workers
- Sec. 312Prohibiting imposition of conditions on voting by mail
- Sec. 202Requiring States to comply with standards in administration of elections for Federal office
- Sec. 302Requiring States to comply with standards in administration of elections for Federal office
- Sec. 2Prohibiting enforcement of certain photo identification requirements
- Sec. 3Promoting ability of voters to vote by mail in Federal elections
- Sec. 121Same day registration
- Sec. 201Requirements for States to promote access to voter registration and voting for individuals with disabilities
- Sec. 601Paper ballot and manual counting requirements
- Sec. 602Accessibility and ballot verification for individuals with disabilities
- Sec. 603Durability and readability requirements for ballots
- Sec. 604Effective date for new requirements
- Sec. 611Mandatory manual audits
- Sec. 801Early voting and voting by mail
- Sec. 2Same day registration
- Sec. 121Same day registration
- Sec. 201Requirements for States to promote access to voter registration and voting for individuals with disabilities
- Sec. 601Paper ballot and manual counting requirements
- Sec. 602Accessibility and ballot verification for individuals with disabilities
- Sec. 603Durability and readability requirements for ballots
- Sec. 604Effective date for new requirements
- Sec. 611Mandatory manual audits
- Sec. 801Early voting and voting by mail
- Sec. 202Requiring States to comply with standards in administration of elections for Federal office
Traces to 2 documents
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- Pub. L. 107–252, title III, § 301
- 116 Stat. 1704
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§ 21081
Voting systems standards
Bills×1,094
U.S.C.×9
Stat. Comp.×3
Pub. L.×2
Fed. Reg.×1
Stat.×1
Pub. L.Pub. L. 107–252, title III, § 301
Stat.116 Stat. 1704
Cites 4Cited by 1,110 across 6 sources