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).
The requirements referred to in this subsection are as follows:
The specific choices on the methods of complying with the elements of a State plan shall be left to the discretion of the State.
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 part, the 30-day period) which begins on the date notice of the State plan under this part is published in the Federal Register pursuant to section 21005(b) of this title.
In this part, 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) [now 52 U.S.C. 20509] to be responsible for coordination of the State's responsibilities under such Act.
52 U.S.C. § 21003
EDITORIAL NOTES
REFERENCES IN TEXTSection 253(b) of the Help America Vote Act of 2002, referred to in subsec. (a), is classified to subsec. (b) of this section.This chapter, referred to in subsec. (b)(3), was in the original "this Act", meaning Pub. L. 107-252, 116 Stat. 1666, known as the Help America Vote Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Tables.Subchapter III, referred to in subsec. (b)(4), was in the original "title III", meaning title III of Pub. L. 107-252, 116 Stat. 1704, which is classified principally to subchapter III (§21081 et seq.) of this chapter. For complete classification of title III to the Code, see Tables.The National Voter Registration Act of 1993, referred to in subsec. (e), is Pub. L. 103-31, 107 Stat. 77, which is classified principally to chapter 205 (§20501 et seq.) of this title. For complete classification of this Act to the Code, see Tables.
CODIFICATIONSection was formerly classified to section 15403 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification to this title.
AMENDMENTS2011-Subsec. (d). Pub. L. 112-74 inserted "notice of" before "the State plan".2009-Subsec. (b)(1)(A). Pub. L. 111-84, §588(b)(1)(B), substituted "section 15404(a) of this title (or, for purposes of determining the eligibility of a State to receive a requirements payment appropriated pursuant to the authorization provided under section 15407(a)(4) of this title, contains the element described in paragraph (14) of such section)" for "section 15404 of this title".Subsec. (b)(2). Pub. L. 111-84, §588(b)(2), designated existing provisions as subpar. (A), substituted "Subject to subparagraph (B), the State" for "The State", and added subpar. (B).Subsec. (b)(5). Pub. L. 111-84, §588(b)(3), designated existing provisions as subpar. (A), substituted "Subject to subparagraph (B), the State" for "The State", and added subpar. (B).