42-U.S.C.-15381
§15381 – Periodic Studies of Election Administration Issues
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Title 42 > Chapter 146 > Subchapter II > Part C > Section 15381
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- Reference: Section 15381
- Legend: §15381 – Periodic Studies of Election Administration Issues
- USCode Year: 2011
Provision Content
(a) In general
On such periodic basis as the Commission may determine, the Commission shall conduct and make available to the public studies regarding the election administration issues described in subsection (b) of this section, with the goal of promoting methods of voting and administering elections which—
(1) will be the most convenient, accessible, and easy to use for voters, including members of the uniformed services and overseas voters, individuals with disabilities, including the blind and visually impaired, and voters with limited proficiency in the English language;
(2) will yield the most accurate, secure, and expeditious system for voting and tabulating election results;
(3) will be nondiscriminatory and afford each registered and eligible voter an equal opportunity to vote and to have that vote counted; and
(4) will be efficient and cost-effective for use.
(b) Election administration issues described
For purposes of subsection (a) of this section, the election administration issues described in this subsection are as follows:
(1) Methods and mechanisms of election technology and voting systems used in voting and counting votes in elections for Federal office, including the over-vote and under-vote notification capabilities of such technology and systems.
(2) Ballot designs for elections for Federal office.
(3) Methods of voter registration, maintaining secure and accurate lists of registered voters (including the establishment of a centralized, interactive, statewide voter registration list linked to relevant agencies and all polling sites), and ensuring that registered voters appear on the voter registration list at the appropriate polling site.
(4) Methods of conducting provisional voting.
(5) Methods of ensuring the accessibility of voting, registration, polling places, and voting equipment to all voters, including individuals with disabilities (including the blind and visually impaired), Native American or Alaska Native citizens, and voters with limited proficiency in the English language.
(6) Nationwide statistics and methods of identifying, deterring, and investigating voting fraud in elections for Federal office.
(7) Identifying, deterring, and investigating methods of voter intimidation.
(8) Methods of recruiting, training, and improving the performance of poll workers.
(9) Methods of educating voters about the process of registering to vote and voting, the operation of voting mechanisms, the location of polling places, and all other aspects of participating in elections.
(10) The feasibility and advisability of conducting elections for Federal office on different days, at different places, and during different hours, including the advisability of establishing a uniform poll closing time and establishing—
(A) a legal public holiday under section 6103 of title 5 as the date on which general elections for Federal office are held;
(B) the Tuesday next after the 1st Monday in November, in every even numbered year, as a legal public holiday under such section;
(C) a date other than the Tuesday next after the 1st Monday in November, in every even numbered year as the date on which general elections for Federal office are held; and
(D) any date described in subparagraph (C) as a legal public holiday under such section.
(11) Federal and State laws governing the eligibility of persons to vote.
(12) Ways that the Federal Government can best assist State and local authorities to improve the administration of elections for Federal office and what levels of funding would be necessary to provide such assistance.
(13)(A) The laws and procedures used by each State that govern—
(i) recounts of ballots cast in elections for Federal office;
(ii) contests of determinations regarding whether votes are counted in such elections; and
(iii) standards that define what will constitute a vote on each type of voting equipment used in the State to conduct elections for Federal office.
(B) The best practices (as identified by the Commission) that are used by States with respect to the recounts and contests described in clause (i).
(C) Whether or not there is a need for more consistency among State recount and contest procedures used with respect to elections for Federal office.
(14) The technical feasibility of providing voting materials in eight or more languages for voters who speak those languages and who have limited English proficiency.
(15) Matters particularly relevant to voting and administering elections in rural and urban areas.
(16) Methods of voter registration for members of the uniformed services and overseas voters, and methods of ensuring that such voters receive timely ballots that will be properly and expeditiously handled and counted.
(17) The best methods for establishing voting system performance benchmarks, expressed as a percentage of residual vote in the Federal contest at the top of the ballot.
(18) Broadcasting practices that may result in the broadcast of false information concerning the location or time of operation of a polling place.
(19) Such other matters as the Commission determines are appropriate.
(c) Reports
The Commission shall submit to the President and to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate a report on each study conducted under subsection (a) of this section together with such recommendations for administrative and legislative action as the Commission determines is appropriate.
(Pub. L. 107–252, title II, §241, Oct. 29, 2002, 116 Stat. 1686.)
Election Data Collection Grants
Pub. L. 110–161, div. D, title V, §501, Dec. 26, 2007, 121 Stat. 1997, provided that:
“(a) Election Data Collection Grants.—Not later than March 30, 2008, the Election Assistance Commission (in this section referred to as the ‘Commission’) shall establish an election data collection grant program (in this section referred to as the ‘program’) to provide a grant of $2,000,000 to 5 eligible States to improve the collection of data relating to the regularly scheduled general election for Federal office held in November 2008. For purposes of this section, the term ‘State’ has the meaning given such term in section 901 of the Help America Vote Act of 2002 (42 U.S.C. 15541).
“(b) Eligibility.—A State is eligible to receive a grant under the program if it submits to the Commission, at such time and in such form as the Commission may require, an application containing the following information and assurances:
“(1) A plan for the use of the funds provided by the grant which will expand and improve the collection of the election data described in subsection (a) at the precinct level and will provide for the collection of such data in a common electronic format (as determined by the Commission).
“(2) An assurance that the State will comply with all requests made by the Commission for the compilation and submission of the data.
“(3) An assurance that the State will provide the Commission with such information as the Commission may require to prepare and submit the report described in subsection (d).
“(4) Such other information and assurances as the Commission may require.
“(c) Timing of Grants; Availability.—
“(1) Timing.—The Commission shall award grants under the program to eligible States not later than 60 days after the date on which the Commission establishes the program.
“(2) Availability of funds.—Amounts provided by a grant under the program shall remain available without fiscal year limitation until expended.
“(d) Report to Congress.—
“(1) Report.—Not later than June 30, 2009, the Commission, in consultation with the States receiving grants under the program and the Election Assistance Commission Board of Advisors, shall submit a report to Congress on the impact of the program on the collection of the election data described in subsection (a).
“(2) Recommendations.—The Commission shall include in the report submitted under paragraph (1) such recommendations as the Commission considers appropriate to improve the collection of data relating to regularly scheduled general elections for Federal office in all States, including recommendations for changes in Federal law or regulations and the Commissions estimate of the amount of funding necessary to carry out such changes.”
U.S. Encyclopedia of Law Coverage
42-U.S.C.-15362 in the Legal Encyclopedia: Elections
In this entry about 42-U.S.C.-15362, find legal reference material, bibliographies and premiere content related to elections in the American Encyclopedia of Law, presenting a comprehensive view of the United States elections-specific issues, written by authorities in the field.
42-U.S.C.-15342 in the Legal Encyclopedia: Election Administration
In this entry about 42-U.S.C.-15342, find legal reference material, bibliographies and premiere content related to election administration in the American Encyclopedia of Law, presenting a comprehensive view of the United States election administration-specific issues, written by authorities in the field.
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