The Commission shall make a requirements payment each year in an amount determined under section
15402 of this title to each State which meets the conditions described in section
15403 of this title 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 subchapter III of this chapter.
(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 subchapter III of this chapter; 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
15402(c) of this title.
(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
15407(a)(4) of this title only to meet the requirements under the Uniformed and Overseas Citizens Absentee Voting Act [42 U.S.C. 1973ff et seq.] 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 part, including the maintenance of effort requirements of section
15404(a)(7) of this title, a State may use a requirements payment as a reimbursement for costs incurred in obtaining voting equipment which meets the requirements of section
15481 of this title 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
15481 of this title 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
15404(a)(7) of this title 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 subpart 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 subpart.
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 subpart; or
Subchapter III of this chapter, referred to in subsec. (b)(1), (2)(A), was in the original “title III”, meaning title III of Pub. L. 107–252, Oct. 29, 2002, 116 Stat. 1704, which is classified principally to subchapter III (§ 15481 et seq.) of this chapter. For complete classification of title III to the Code, see Tables.
The Uniformed and Overseas Citizens Absentee Voting Act, referred to in subsec. (b)(3), is Pub. L. 99–410, Aug. 28, 1986, 100 Stat. 924, which is classified principally to subchapter I–G (§ 1973ff et seq.) of chapter
20 of this title. For complete classification of this Act to the Code, see Short Title note set out under section
1971 of this title and Tables.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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